Supporting hydro-electricity development: Review of SNH and SEPA recommendations, actions and request
Review terms of reference
The review was undertaken by SNH and SEPA Board Members, Sue Walker and Bill McKelvey respectively, with terms of reference to:
 provide a view on the effectiveness of the work undertaken to date to progress actions and recommendations on the SNH and SEPA approach to
supporting Hydro development; and
 identify any remaining issues and advise on any additional actions required.
Operational context:
Number of Water Environment (Controlled Activities) (Scotland)
Regulations 2011 (CAR) licence consultation (SNH) or applications (SEPA)
Number of Planning Consultations
Response times to Planning consultations
Objections (holding, conditional or outright) to both CAR (SEPA –
applications; SNH – consultations) and planning consultations
2013
74
152
90%
17 (4
outright)
SNH
2014
18
216
99%
12 (3
outright)
2013
137
SEPA
2014
73
308
98%
71 (1
outright)
348
98%
69 (0
outright)
Review scoring systems – for recommendations (17), agreed actions (11) and additional request (1):




13 Completed – no further action required - Blue
14 Discharged –work is now part of mainstream business - Green
2 Being progressed – not concluded, but action in place to complete by end of August 2015 – Amber
0 Limited progress – new action required to facilitate completion – Red
Key acronyms/abbreviations used:
Stakeholders:
Legislation:
BHA = British Hydropower Association;
SG = Scottish Government
SR = Scottish Renewables;
CAR = Water Environment (Controlled Activities) (Scotland) Regulations 2011;
Natura = sites under the EU Council directive 92/43/EEC.
WFD = Water Framework Directive (WFD) (2000/60/EC)
1
Recommendations,
agreed actions and
request
Work Undertaken by SNH and/or SEPA to implement the recommendations, actions and request
Reviewers score
(and comment if
appropriate)
Recommendations from “Review of handling of hydro-electricity (Hydro) casework within Scottish Natural Heritage (SNH) and Scottish
Environment Protection Agency (SEPA)”, 18 March 2014
Recommendation 1.
We recommend that
senior management
teams should ensure
that sufficient priority is
given to implementing
the identified service
improvement plans.
Within SNH
 SNH’s Management Team reiterated its commitment to continuous improvement through preparation and
agreement of SNH Board Paper (SNH/15/1/INFO 2 http://www.snh.gov.uk/docs/A1531050.pdf). This drew on
SNH’s annual Planning Performance Framework and associated positive feedback from the Scottish Government
(e.g. 5 out of 6 performance markers were scored green), and independent research on customer satisfaction and
contribution of its engagement in the planning system to natural heritage outcomes.
 The strategic consideration of improvement is led by its Director of Policy & Advice through the Strategic
Renewables Group (SRG) e.g. consideration of paper on Extending the Renewable Energy Casework Advisor model
for onshore renewable energy casework in April 2014 and an overall ‘Take Stock’ paper in December 2014.
Implementation of operational changes is led by Director of Operations through the Casework Improvement
Initiative. Examples of senior commitment to implement and monitor these improvements for hydro matters are
covered in Recommendation 17.
Within SEPA
 SEPAs annual Planning Performance Framework set out planned improvements and reported on actions delivered
during the previous year. SEPA have delivered 16 of the 21 actions set out in the 2013/14 PPF, with progress being
made on all other actions. These have been carried forward and many relate to the revision of our guidance in
relation to our new SEPA website which will go live shortly. Positive feedback has been received from the Scottish
Government, (4 of the 5 applicable performance markers being scored green) recognising that SEPA has continued
to make significant progress in the delivery of service improvement commitments. E.g. the performance in
responding to development plan consultations was 100% of within timescale, exceeded the target of 95% of
responses within timescale for planning application consultations.
 Leadership is provided by SEPA’s Operations Delivery Team (ODT). It is sponsored by the Operations Head of
Region for North Region and reports to SEPA’s Operations Management Team (OPSMT). It is tasked with ensuring
that the Annual Operating Plan, Corporate strategy and Directorate priorities are understood, incorporated into
Business Plans and that delivery is nationally consistent, effective and efficient. The ODT comprises the senior
managers responsible for delivery of Operational work across SEPA’s Regions and within other functions such as
Planning, Advice and Engagement.
Mainstream business within SNH and SEPA: Resources are being assigned to help make further improvement in the
approach to Hydro casework. This includes a number of initiatives led by the respective hydro teams and the National
Liaison Group (NLG) e.g.: updating guidance; workshops to consider examples of casework (sharing & learning) in 2014
and 2015, the joint workshops on WFD/Natura held in May 2015 and joint compliance inspections planned for 2015/16.
DISCHARGED action
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Recommendation 2. In
line with the proposed
Scottish Regulators’
Strategic Code of
Practice, we
recommend that further
independent customer
satisfaction surveys are
carried out to help
inform and improve the
engagement process.
Recommendation 3.
We recommend that
guidance to applicants
for Controlled Activities
Regulation (CAR) licence
or Planning consents
fully describes the
information
requirements needed to
assess a Hydro
development and that
this information is
required of developers
by Planning Authorities.
Within SNH
 SNH Customer Survey was initiated in June 2014 and published in Feb 2015
http://www.snh.org.uk/pdfs/publications/commissioned_reports/691.pdf
 Further annual, independent surveys will be undertaken in 2015-2017.
 Independent, customer research on SNH’s guidance was also commissioned in 2014/15. This seeks to find out how
planners and developers use SNH guidance and where it adds most value. The final results are due in 2015, but
preliminary findings are very positive, indicating that SNH guidance is very useful to development interests and
influences outcomes.
COMPLETED
Within SEPA
 SEPA’s Land Use Planning System SEPA Guidance Note 18, ‘Planning guidance on hydropower developments’ sets
out the issues on which SEPA require information at the planning stage.
http://www.sepa.org.uk/media/136104/planning-guidance-on-hydropower-developments.pdf.
 The ‘Guidance for applicants on supporting information requirements for hydropower applications’ (written
jointly with SNH and reviewed in April 2015), sets out suitable requirements. These are set out specifically
through links on the webpage, with reference to specific topic areas:
 Hydrological information;
 Fish and fish habitats; and
 Protected areas and species
 The SEPA document ‘Guidance for developers of run-of-river hydropower schemes’ and joint SEPA, SNH and SR
document ‘Guide to hydropower construction best practice ’have been updated and published on the website at
http://www.sepa.org.uk/regulations/water/hydropower/.
COMPLETED
Recommendation 4.
We recommend that a
review is undertaken of
the effectiveness of
implementation of the
joint land use planning
working arrangement
between SNH and SEPA.
Within SNH & SEPA
 SNH and SEPA are reviewing the joint working arrangements set out in “Improved working between SEPA and
SNH to deliver a high quality planning service”. This was scheduled to be completed in Q4 of 2014/15 but the
timeline was extended to allow SNH resources to be assigned to support coordination of its submission to the Strathy
South Public Local Inquiry.
 The respective SNH and SEPA lead officers have canvassed staff views on how the existing protocol has been used
and inviting suggestions for improvement.
 The SNH/SEPA National Liaison Group will consider issues and implement the recommendations arising from the
review process.
BEING
PROGRESSED
Further
improvements to
joint arrangements
between SEPA and
SNH to deliver a
high quality
planning service will
be completed by
end of August 2015
3
Recommendation 5.
We recommend that the
Cairngorms National
Park project is used as
an example of best
practice to facilitate
greater alignment,
integration and
streamlining between
the CAR and Planning
application processes.
We also recommend
that links with the
Scottish Government
Streamlining Appraisals
Project are developed.
Recommendation 6.
We recommend that
mechanisms are further
developed to ensure
early and, where
appropriate, joint
engagement with
developers and planning
authorities and that
adequate time is
invested in preapplication discussions.
Within SEPA & SNH
 SEPA, SNH and the Loch Lomond and Trossachs National Park Authority have met regularly to produce a
simplified construction environment management plan template. This is designed to reduce both bureaucracy and
officer/applicants’ time when submitting these plans for consideration. This project is progressing well and will soon
be looking for pilot developments.
 Unfortunately, due to significant change and re-structuring within its Planning and Development function, the
Cairngorms National Park Authority (CNPA) has not been able to provide the support necessary to take
forward the streamlining between CAR and Planning application processes as suggested in this recommendation.
 Both SEPA and SNH have engaged in the SG led Streamlining Appraisals project.
Within SEPA
 Given this delay in the streamlining proposal it was proposed to engage with another planning authority e.g.
Argyll, efforts were made to progress the greater alignment, integration and streamlining of the CAR and Planning
processes. However, discussions with Industry have tended to indicate that the dominant issue affecting
development is Feed-in-Tariff (FiT) and as such they are less concerned about the quality of the planning process
than they are with the speed with which it can be concluded to allow application for FiT to be made within the
deadlines. SEPA has raised the comments from Industry regarding FiT and how this might affect the planning process
with Scottish Government (improvement) and is awaiting feedback.
 EIA scoping requirements have been reviewed – to make it map based. A proposal “Scoping for Efficiency” was
presented at the Scottish Government EIA Forum in October 2014.
Within SNH
 SNH remain a key stakeholder in this action. They will support SEPA or a Planning Authority in works as required.
BEING
PROGRESSED
Given the changed
context of a
significant
reduction in the
number of CAR
applications
involving hydro;
consult with
industry to clarify
their current
position regarding
streamlining of CAR
and planning, and
agree a way to
collectively take this
forward by end of
August 2015.
Within SNH & SEPA
 There are a number of examples where joint engagement has been undertaken in the hydro sector. e.g.
Kinlochewe, River Isla and River Almond. Feedback from developers has indicated that this has been well received
by the hydro industry.
 To further joint working on casework and share good practice, SNH holds annual hydro workshops (May 2014 and
2015). These involve representatives from SEPA.
Within SNH
 As per Action 4 below (and the examples included in the narrative), SNH is commitment to early engagement as set
out in its refreshed Planning For Development Service Statement and the supporting Development Management
guidance.
 The SNH hydro casework team has contact details for their counterparts in SEPA and are advised to ‘join up’ on
cases and visits wherever possible.
Within SEPA
 SEPA staff have been advised to consider the benefits of early liaison and joint pre-application meetings with SNH
DISCHARGED –
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4
staff when handling casework relating to the water environment in general. There are recent examples of this on
schemes in Perthshire, South Highland and Borders areas.
Mainstream business. The recent SNH-SEPA workshops on CAR and Natura have reiterated the importance of early
and joint pre-application engagement with developers. The importance of the joint approach to supporting
development is also illustrated by the SNH Sharing Good Practice event on Monitoring and Enforcement which involved
presentations from SNH, SEPA, Cairngorms National Park Authority and industry.
Recommendation 7.
We recommend that the
enabling approach that
has been demonstrated
in best practice
examples is more widely
applied to improve SNH
engagement with
developers.
Within SNH (also see Actions 2 and 4)
 The commitment to an enabling and solutions approach is outlined in the Planning for Development
Service Statement and the Development Management Guidance. For example, recent pre-application advice
on otter mitigation provided reassurance that proposed artificial otter holt would provide adequate
mitigation.
To share enabling experiences and provide confidence to staff on this enabling approach, the Casework
Improvement Initiative has a programme of case checking. This involves Operations staff, in groups, ‘peer
reviewing’ responses and casework examples from outwith their own areas. This process is replicated within
the hydro casework team – with the findings and good practice shared amongst groups and managers. For
example, SNH accumulated a number of examples of being ‘enabling’ with proposals for hydro on
watercourses that hold sensitive populations of bryophytes. These were shared among the hydro casework
team, and discussed at the workshop in May 2015.
 The SNH approach to enabling is designed to meet the requirements of the new Scottish Regulators’
Strategic Code of Practice. For example by:
o Attending hydro industry events helps advisors to understand the operating environment, and
particularly the socio-economic interests that could be affected by environmental considerations. These
events also afford the opportunity to meet individual stakeholders to develop productive working
relationships.
o Using awareness-raising, guidance and sharing good practice to provide early and consistent direction,
and thereby certainty, for businesses and development interests. This is illustrated by the review of
Bryophyte Guidance which was undertaken in partnership with industry and SEPA to ensure that its
conclusions and recommendations were targeted at customer needs.
o Engaging in strategic and development planning, and associated environmental assessment, to provide
early certainty for development interests.
DISCHARGED –
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Mainstream business. The examples of enabling good practice will continue to be captured in guidance and suitably
promoted to stakeholders e.g. producing video guidance on bryophyte and hydro solutions.
5
Recommendation 8.
We recommend that a
SEPA/SNH national
liaison group is
established to deal with
policy implementation
issues, and to develop
joint guidance for
applicants.
Within SNH & SEPA
 The SEPA/SNH National Liaison Group has now bedded in to a greater extent than had been the case when the
Review was undertaken in 2014. Thus, rather than establish a new group, the remit of the existing SEPA/SNH
National Liaison Group has been extended to cover policy issues/joint guidance.
 Policy implementation issues requiring escalation or resolution are now brought to the National Liaison Group. E.g.,
it considered advice requirements as a Competent Authority under Natura and the Water Framework Directive.
 In the event that this group fails to resolve issues, there is the option for further escalation as appropriate to the
Director level liaison. Quarterly standing meetings are held between SNH and SEPA Operation Directors
COMPLETED
Recommendation 9.
We recommend that
priority should be given
to further clarify SEPA’s
advice requirements as
a Competent Authority
under Natura and the
Water Framework
Directive (WFD).
Within SEPA
 SEPA is using a revised recording template. The result of this is that the majority of casework is being screened out
before the requirement to consult SNH as there is no Likely Significant Effect. This is working well and is helpful in
avoiding unnecessary consultations.
Within SNH & SEPA
 Work has been undertaken through the SEPA/SNH National Liaison Group to provide further clarification and to
provide to staff of both organisations clear and unambiguous guidance on this supported by template consultation.
 Three workshops for SNH and SEPA staff were held/delivered in May 2015. These presented a draft flow chart and
record of assessment to clarify the SEPA/SNH Natura Conservation Procedure for the Controlled Activity
Regulations
COMPLETED
Recommendation 10.
We recommend that
SNH increases its efforts
to effectively
communicate to
developers the key
natural heritage
considerations.
Within SNH
 SNH promoted its interests, approach and guidance at a number of industry conferences and events in 2014 –
Scottish Highland Renewable Energy Conference (SHREC) SR and BHA. This will continue in 2015 e.g. promotion of
the Oceanic bryophytes (mosses and liverworts) and hydro-electric planning tool – a map to help industry take
account of Europe’s most important watercourses for these species before selecting sites for development.
 SNH reviewed its Hydroelectric schemes and the natural heritage guidance
http://www.snh.gov.uk/docs/A1521095.pdf. It was published February 2015 after consultation with customers,
including SR (who promote the guidance themselves) and BHA. The layout highlights the key aspects of the natural
heritage that developers should take account of when developing a scheme. The reviewed document’s changes:
make it significantly shorter and more concise; remove overlaps with SEPA’s regulatory remit; update the Scottish
Planning Policy content, including inks to SNH’s wild land mapping and work; provide further information on low
head schemes; outline the risks of working on steep ground; and provide further reinstatement and restoration
guidelines. Awareness of the guidance was illustrated In a recent meeting with RJ McLeod, Civil Engineers, where
the representatives had copies in hand.
 To help development interests source SNH’s guidance, it has developed a Planning and Renewables webpage that
DISCHARGED –
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lists all the guidance relating to topics, including all of hydro related guidance This is an interim improvement SNH
is currently redesigning website to improve customer access to all our guidance and information .
Mainstreamed business: In addition to review/improvement of the guidance itself and web improvement (learning from
the research on the effectiveness of guidance and feedback from stakeholder engagement) to make it more accessible to
industry, the recent review of SNH’s approach to bryophytes and hydro contained recommendations for further
promotion of its approach with external audiences, and improved access to information, planning tools and guidance.
SNH will now be considering how to implement the recommendations, particularly: engaging with the BHA in
contributing to their training courses; developing capacity in and share information with planners and organisations
representing land owners and developers; and producing accessible material in the most relevant formats and styles in
order to introduce potential developers to the issues surrounding bryophytes and hydropower.
Recommendation 11.
We recommend that
SNH should give serious
consideration, as part of
its Casework
Improvement Initiative,
to more specialisation
and quality assurance in
casework handling and
how this might be
implemented, taking
into account future
anticipated hydro
workload.
Within SNH
 Learning from the SEPA model and as per Action 8, SNH has developed a virtual hydro casework team to
reduce the number of staff involved in casework (a reduction of over 50% to 15 staff). This team focus aims
to provide greater consistency and a more solutions based approach to advice. It allows increased expertise
and time/resource allocation to all stages in the hydro planning process.
 Leadership of the hydro team by a single manager and regular case checking groups have been initiated to
address quality assurance issues.
 The SNH virtual team is working closely with SEPA Operations officers, attending joint pre-app meetings and
site visits, where appropriate.
COMPLETED
7
Recommendation 12.
We recommend that the
recommendations of the
Scottish Government
consultation on
standards for second
River Basin
Management Plan are
implemented, as soon
as possible bringing
together the
environmental
objectives of the WFD
and the conservation
objectives of Natura
sites.
Within SNH & SEPA
 A recent Parliamentary Question on WFD and Natura was answered with: ‘As part of a separate exercise initiated at
the end of 2013, the Scottish Government has asked SEPA and SNH to work together to draw together the appropriate
objectives and standards for water bodies within conservation sites. There is currently no publication date set for this,
however the estimated timetable for work to be completed is as follows:
SEPA aims to complete an assessment of the implications of SNH’s initial proposals by mid-2015; SNH will review its
initial proposals in the light of SEPA’s assessment and finalise its proposed objectives for water bodies in conservation
site; The proposals will then be submitted to the Scottish Government for consideration. If appropriate, the Scottish
Government will issue a public consultation later in 2015.’
Mainstream business: The Scottish Government Policy leads have agreed with SEPA and SNH to re-schedule this work
so that it aligns with the UK-level work on standards and assessment criteria for Natura 2000 sites. This will deliver
rd
nd
standards to underpin the 3 cycle of river basin management rather than the 2 cycle. Interim arrangements will be
put in place to update the existing SEPA/SNH agreement on screening criteria for identifying applications where SEPA
nd
needs to undertake an ‘appropriate assessment’ and in finalising the 2 River Basin Management Plans, SEPA will ensure
that there is appropriate prioritisation given to water body improvements that would contribute to achieving SAC
objectives.
DISCHARGED –
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Recommendation 13.
We recommend that
SNH and SEPA hold
regular joint workshops
and staff training to
share and explore good
practice on hydro
casework.
Within SNH & SEPA
 SNH hosted a ‘Sharing good practice’ event in May 2014 to discuss specific hydro cases with SEPA and local
authority planning officer. This proved very useful, in terms of understanding another organisation’s point of view
and building effective professional relationships.
 Joint meetings have been held with developers where Natural Heritage issues associated with the water
environment are anticipated e.g. Adrian Laycock, Glen Hydro – Kinlochewe (Abhain Bruaicaidh, Strath Chrombail)
 A learning visit was held for Bryophyte Review –involving SNH, SEPA and BHA - was held in December 2015
Mainstream business. Follow up workshops for the SNH virtual hydro team, involving SEPA, are now held annually..
DISCHARGED –
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Recommendation 14.
We strongly recommend
that urgent
consideration is given to
achieving compatibility
between SNH and SEPA
IT systems to enable
more effective and
efficient data and
document sharing.
Within SNH & SEPA
 SEPA and SNH have continued to investigate ways to introduce appropriate commonality across their ICT Estates, in
particular the issue of collaboration between themselves and with a variety of other partners. The Scottish
Governments digital agenda is helping drive this work.
 Where there are particular difficulties with individual projects, these are likely to require more short term tactical fixes
to establish appropriate data sharing mechanisms.
Mainstream business: This recommendation is now part of the wider ENFOR/RAFE thinking. For example, the latest
development with Objective is called “Connect” and is currently having user testing. This will create an external web
portal, and allow other bodies secure access SNH documents in the Objective environment, for collaboration. The
external is sent a link from SNH with details of the privileges that the individual has.
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Recommendation 15.
We recommend that
there should be regular
joint agency meetings
with key industry
representatives to
discuss issues, guidance
and processes.
Within SNH & SEPA
 Both SEPA and SNH have met regularly with SR and BHA - key industry representatives. This stems from regularly
meeting at conferences and events and having follow up discussion specific issues as and when they arise. This
includes attending Scottish Renewable Forum (SRF), and SR’s working groups (hydro and environment).
 The revision of the ‘Guide to hydropower construction best practice’ in October 2014 is a good example of joint
working – involving SEPA, SNH and industry representatives.
 SEPA and SNH staff have also been jointly involved in a number of Industry liaison opportunities since the Review
was completed, including the second Hydro Summit in August 2014 at which a joint SEPA/SNH/Loch Lomond and
Trossachs National Park (LLTNP) presentation was made to a an audience which included both Energy and
Environment Ministers and the majority of those involved in Hydro development in Scotland.
 The recently completed review of SNH’s approach to bryophytes is a good example of the two organisations
rd
inputting, alongside other 3 party groups including industry representation, to agree guidance and process.
Mainstream business: Meeting industry is a key ongoing element of the SNH Stakeholder Engagement Strategy. To
build on the joint working developed through this review and the associated actions, where appropriate, SNH and SEPA
will collectively meet with key industry representatives.
DISCHARGED –
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Recommendation 16.
We recommend that
SNH and SEPA continue
to have a joint presence
at trade/conferences
and land management
events to provide a
vehicle for further
developing levels of
understanding of the
issues and challenges
facing the industry.
Within SNH & SEPA
 In addition to the narrative for recommendation 15, the commitment to listening and understanding industry is
illustrated by SNH attendance at various developer/land management events, for example, Davidson Chalmers
(commercial lawyers) hydro seminar; meeting with Scottish Property Federation; and Scottish Highland Renewable
Energy Conference (SHREC).
 The two organisations shared a poster stand at the annual SR Hydro conference (June 2014) to promote a joined up
approach to the hydropower industry.
nd
 SEPA and SNH, made joint presentations to the 2 Hydro Summit in August 2014 and BHA conference October, in
October 2014. The SNH CEO attended both events, presenting at the latter, to highlight the importance of listening to
the hydro industry and addressing, where possible, their concerns.
COMPLETED
Recommendation 17.
We recommend that the
senior managers of both
organisations should
provide further targeted
leadership to embed a
collaborative approach
Within SNH
 Leadership is provided by Strategic Renewables Group (Chaired by Director of Policy & Advice) e.g., discussion on
what enabling means in practice. This informed SNH’s submission to the Parliament EET Committee on the Scottish
Regulators’ Strategic Code of Practice. The importance of the ‘enabling’ culture was reiterated by the CEO in a memo
to managers on the Strategic Code of Practice (issued 13 March 2015).
 The senior management commitment to implement (collaboratively where appropriate) and monitor improvements
was illustrated by: Chairman attendance at Ministerial meeting with representative of the hydro industry (June 2014);
COMPLETED
9
to Hydro casework and
to further develop an
enabling culture.
CEO attendance at Hydro Summit in August 2014 and joint presentation with SEPA to BHA conference in October
2014; Scientific Advisory Committee review of SNH’s approach to bryophytes and hydro (March 2015); Quarterly
monitoring of progress by the Head of Operations; Monthly business plan reporting on Hydro Improvement Project;
and hydro team overseen by Area Manager.
Within SEPA
 SEPA’s operational engagement with the hydropower sector, including planning and CAR licensing casework is
overseen by the ODT and one member of the ODT, Stuart Baird has a specific Regulatory Lead role with the
hydropower sector. In addition to this there is strategic senior management oversight of the hydropower sector
through an overall Energy Lead for SEPA, Lin Bunten.
 Although SEPA’s hydropower permitting team is picking up wider work in response the reduced caseload, the
template for hydro work is still in place, and senior management, through a sector regulatory lead and an overall
energy sector lead continues to oversee this work. This includes regular contact with SNH.
Within SNH & SEPA
 Both organisations have committed resources to the SNH/SEPA National Liaison Group (NLG). For SNH, this is
through Area and Operational managers, with escalation (where required) to the Director of Operations. For SEPA,
input is led through ODT members tasked with Operational liaison. The ODT provide regular briefings to the Director
of Operations (Calum Macdonald) to inform the regular meetings at Director level between SEPA and SNH and specific
issue related briefings as required. This Group is able to bring a collaborative approach to issues that arise in the
handling of casework, including Hydro.
 Collaborative working has become a feature of hydro casework e.g. Guidance production and promotion, and
opportunities for further such work in areas such as compliance monitoring and sharing good practice are currently
being taken forward for delivery in 2015.
 The respective hydropower teams in the two organisations are routinely in contact through Sharing good practice
workshops and casework operational liaison.
 Input and proposed examples of good practice, to the Scottish Regulators Strategic Code of Practice was joined up
through regular liaison between Peter Hutchinson, Planning & Renewables Unit Manager, SNH and Jo Green, Head of
Change Delivery, SEPA.
10
Recommendations, agreed
actions and request
Work Undertaken by SNH and/or SEPA to implement the recommendations, actions and request
Reviewers score
(and comment if
appropriate)
Actions in letter dated 8 April 2014 from Ian Ross, Chair of SNH to Paul Wheelhouse MSP, Minister for Environment and Climate Change re:
Meeting to discuss SNH's approach to Hydro casework (held with Mr Ewing on 2 April 2014)
Action 1: We will write to the
organisations/companies
who
attended the recent Hydro
Summit to find out more about
the issues and concerns they
have in their dealings with SNH.
We will also, in collaboration
with colleagues in the Scottish
Government Directorate of
Energy and Climate Change,
identify the best means for
facilitating
discussion
and
consideration of these issues.





SNH wrote to 35 organisations/companies who attended the first Hydro Summit in February 2014
to find out more about industry issues/concerns. Although responses, including telephone
discussions, were limited, there was:
o a call for a more joined up approach between the advisory and regulatory authorities;
o a comment that SNH’s advice can be too precautionary at times; and
o a common message about positive experiences of SNH’s approach and support to the
hydro industry (mirroring messages conveyed at recent hydro industry events).
SNH undertook a formal and independent Planning and Development Customer Survey. The
report http://www.snh.org.uk/pdfs/publications/commissioned_reports/691.pdf. was published in
February 2015. Key messages from the hydro sector were:
o SNH to be more specific about what is sought from a particular proposal. This will provide
developers with a framework to design schemes within. The current process can be time
consuming and costly with backwards and forwards discussion on proposals.
o SNH’s Guidance is good, although interpretation does occasionally vary between offices.
Both SNH and SEPA attended Hydro industry events to outline their approach, listen to concerns
and facilitate discussion. These included: Scottish Renewables (SR) Hydro Conference on 3 June
2014 and British Hydro Association (BHA) annual conference 29 October 2014
Following the Ministerial meeting on 10 June 2014, a follow-up site visit was held with Mr Laycock
(on 14 August 2014) to talk through his concerns about bryophytes and SNH’s advice. The meeting
involved specialists from both SNH and SEPA. Other liaison has been maintained with developers
e.g. RJ McLeod Civil Engineers and Building Contractors and representative groups e.g. SR and BHA.
Regular contact has been maintained with SG officials in energy policy/consents team to ensure
issues were appropriately considered. This included a dedicated SNH-SEPA-SG workshop on 16 July
2014 and development of joined up presentations/briefings for the second Hydro Summit on 19
August 2014.
COMPLETED
11
Action 2: We will further reflect
on the requirements of
regulatory reform, and the
developing Scottish Regulators’
Strategic Code of Practice, in our
guidance and casework in order
to maintain both an appropriate
balance and enabling approach
in our advice.

Action 3: We will review our
approach to decision making on
hydro casework responses.



SNH has reviewed its approach to supporting hydro development against the Scottish Regulators’
Strategic Code of Practice. This highlighted how the approach concurred with the principles of Better
Regulation - Transparency, Accountability, Consistency, Proportionality; and targeting. Follow up actions
included: establishing a dedicated team of hydro casework advisors to achieve greater consistency and
reviewing its approach to advising on bryophytes to maintain proportionality.
SNH is building the overall ‘enabling’ requirement of the Code into its guidance and advice. For example,
improving guidance on requests for supporting information on protected Species, such as otters,
http://www.snh.gov.uk/docs/B699305.pdf - this includes a flow chart for response wordings to help
achieve the greater consistency and proportionality sought by industry.
The requirements of the Code have been built in our refreshed Planning for Development Service
Statement http://www.snh.gov.uk/planning-and-development/approach/ This was published in April 2015
and outlines how our service aligns with the principles of better regulation and the requirements of the
Scottish Regulators’ Strategic Code of Practice.
COMPLETED
SNH reviewed its approach to decision making in June 2014. It concluded that the delegated
authorities for hydro advice, as set out in the Development Management guidance
http://www.snh.gov.uk/docs/B699305.pdf, remained fit for purpose and provided the framework
for consistent decision making. However, to support this, additional measures were taken, for
example:
o case offices were reminded of the delegated authority;
o a specialist ‘virtual’ hydro casework team has been established to provide better leadership
and quality assurance. Fewer staff are involved in hydro casework (there is a 50% reduction
in case officers) in order to reduce the risk of ‘inconsistency’ in interpretation of guidance.
o guidance on when to use advice or conditioned objections to influence the production of
Construction Management Statements was reviewed. This led to ‘good practice’ being built
into guidance- encouraging mitigation and modifications to be built into applications.
o guidance was developed on providing otter advice on hydro proposals – to provide clarity to
case officers on what to say, when and how.
COMPLETED
12
Action 4: We will commit our
resources to pre-application
discussions alongside the
Planning or Competent
Authority.



The refreshed SNH Planning for Development Service Statement outlines the commitment to
engage with developers and consenting authorities in an open, positive way from the earliest
stages in the planning process. It encourages early engagement with SNH in the scope and
preparation of EIAs and HRAs so delays and holding objections at the application stage can be
avoided. This is resourced through the Planning & Development Activity/Services and reiterated in
Development Management guidance http://www.snh.gov.uk/docs/B699305.pdf, and associated
staff allocation/leadership in the hydro casework team - the commitment to pre-application
discussions alongside the Planning or Competent Authority. The message is: SNH will help to deliver
a faster planning process by focussing on development planning and the pre-application stage of
development management, and by making our data, information and guidance more easily available.
This commitment was illustrated by site meeting between SNH, SEPA and Mr Laycock to follow up
the Ministerial discussion with Mr Ewing, Mr Wheelhouse and Ian Ross in June 2014.
Pre-application advice (including screen & scoping) was given on 126 proposals in 2014. Examples
include:
o Pre-app enquiry and screening, including meeting between developer and LLT National Park
planners. The resulting advice covered surveys and mitigation, which were taken into account in
the subsequent applications.
o Screening opinion to North Ayrshire council. The key issues were in relation to an SPA and SSSI.
The advice indicated that impacts could be assessed through the submission of detailed reports
rather than a full EIA;
o Informal pre-application re a proposed development that runs through an SSSI/SAC. The advice
was that we would be likely to object to the scheme.
o Site visit discussions on options to minimise impacts on SSSI/SAC habitat led to use of a
helicopter to bring in material rather than construction of a temporary track.
o Provided pre-application advice on otter mitigation. The advice provided reassurance that
proposed artificial otter holt would provide adequate mitigation.
DISCHARGED –
action now
mainstreamed
Mainstream business: The planning arrangements protocol between SNH and SEPA will be reviewed in
2015 to provide greater clarity on respective roles, encourage pre-app discussions and ensure that
development interests receive joined up advice at all stages of planning and regulatory processes.
Action 5: Alongside SEPA, we will
set up a group to review
guidance related to the Water
Framework and Natura.

A SEPA-SNH National Liaison Group has been established to harmonise operational issues related to
respective roles. The resulting draft guidance related to the WFD and Natura was presented to SNH and
SEPA staff at workshops on 7, 12 and 15 May 2015.
COMPLETED
13
Action 6: Building on action 1,
we will share good practice
within SNH. We will learn from
the cases where we have
identified
solutions
and
champion
the
‘enabling’
approach that we have been
pursuing.

Action 7: Building on action 1,
we will continue to listen to our
customers. We will undertake a
survey of planners and
developers.




SNH held a workshop in May 2014 to share good practice in casework – illustrating the enabling
approach being pursued. The workshop involved staff from SNH, SEPA and Scottish Water – learning
from the cases where we have identified solutions to development proposals that challenge
nd
environmental assets. A 2 workshop to share casework experience was held in May 2015.
The check groups established through the Casework Improvement Initiative have reviewed hydro
casework responses, to improve compliance with its Service Statement and Development
Management Guidance, and have provided a forum for sharing approaches to being enabling. This
has been supported by learning visits run for the hydro Team e.g. to Mull hydro schemes in 2015.
COMPLETED
Building on the work to support Action 1. SNH has continued to listen to hydro customers by attending
industry led conferences and meeting developers e.g. SR Annual Conference in March 2015 and All Energy
in May 2015. Engagement at these events has afforded the opportunity to listen to industry requirements
and actively offer further guidance or Sharing Good Practice events.
SNH commissioned an independent Planning and Development Customer Survey. This was published in
http://www.snh.org.uk/pdfs/publications/commissioned_reports/691.pdf The key hydro messages were:
o Be more specific about what they would like to see for a particular development, so that
developers have a framework to design within, rather than the current time consuming and costly
process of toing and froing over proposals;
o SNH guidance is good, although Interpretation of advice does occasionally vary between offices;
As part of a wider capacity building programme, SNH is targeting Local Authorities for ‘training’ days. This
includes aspects of hydro development e.g. tracks. An example of this is a meeting with Cairngorm National
Park planners in April 2015, and Moray planners in May 2015.
DISCHARGED action now
mainstreamed
Mainstream business: SNH’s commitment to listening is demonstrated through implementation of its
Stakeholder Engagement Strategy and commissioning further annual independent customer surveys for 201517. This will allow comparison with the 2014 survey.
Action 8: We will make
operational changes as required,
to reduce the risk of
inconsistency in our advice.



As per action 2 and 3, SNH has developed a virtual hydro casework team to reduce the number of
staff involved in hydro casework. This team focus aims to provide greater consistency and a more
solutions based approach to advice. It allows increased expertise and time/resource allocation to all
stages in the hydro planning process.
The casework team are encouraged to work with SEPA Operations officers and where appropriate,
to attend joint pre-app meetings and site visits.
To attain greater consistency between the organisations, SEPA staff attended the SNH hydro
casework team workshops in May 2014 and May 2015.
COMPLETED
14
Action 9: We will run further
sharing good practice events
with SEPA, engaging with
industry
representatives to
identify
priorities
for
improvement

Action 10: Building on 3, 4, 6 and
8, we will, alongside SEPA,
review our guidance to
developers.

The process for sharing good practice process in 2014 focused on attendance and presentations at
industry events e.g.. SHREC, SR and BHA conferences. This, along with wider actions outlined in response to
Action and 7, illustrate that SNH has continued to engage with industry representatives to learn from good
practice identify priorities for improvement.
DISCHARGED –
action now
mainstreamed
Mainstream business: In addition to the hydro casework team workshop on 5 May 2015, SNH will be running
further external sharing good practice events with SEPA in 2015. For example, an external SGP event will be
held in May 2015 on monitoring and enforcement, particularly focussed on hydro development. Following
successful liaison meetings, RJ McLeod, Civil Engineering, will be speaking at this event to share experiences.

SNH, alongside SEPA and SR, has reviewed guidance to developers. For example,
o Hydroelectric schemes and the natural heritage was revised and published in February 2015
http://www.snh.gov.uk/docs/A1521095.pdf,
o hydro construction good practice guidance was updated/republished in January 2015
http://www.sepa.org.uk/media/34332/guide-to-hydropower-construction-phase-good-practiceguidance.pdf
SNH’s Scientific Advisory Committee, with input from SEPA and the BHA, reviewed the approach to
bryophytes and hydro-electricity.
DISCHARGED –
action now
mainstreamed
Mainstream business: SEPA has committed to consult SNH on their forthcoming reviews of hydro
storage guidance and low-head run of river guidance.
Action 11: We will review
progress in improving our service
to support hydro development.
In a letter to Paul Wheelhouse on 11 September 2014, SNH Chairman Ian Ross said “Despite this progress, I am
conscious of the need to keep improvements on-going. I will therefore be liaising with David Sigsworth to
consider the mechanics of formally reviewing our efforts over the past year. As indicated in the progress report, I
envisage asking SNH and SEPA board members to review our improvements and consider any further
requirements, and report to Ministers in April 2015”
DISCHARGED –
action now
mainstreamed
Mainstream business: To support the actions and recommendations currently being implemented, SNH is
continuing to consider ways to improve its support to hydro development through its Planning &
Development activity and associated projects such as its Casework Improvement Initiative
15
Recommendations, agreed
actions and request
Work Undertaken by SNH and/or SEPA to implement the recommendations, actions and request
Reviewers score
(and comment if
appropriate)
Request in letter dated 6 October 2014 from Paul Wheelhouse, Minister for Environment and Climate Change, to Ian Ross, Chairman, SNH
Additional request:
…progress towards completion
of the agreed actions, and in
particular the level of
engagement both organisations
are maintaining with industry
representatives, to deliver
continuous improvement.
This includes SNH's intention
to review its approach to
bryophytes, which remains a
significant issue for hydro
developers.


SNH has undertaken a Scientific Advisory Committee (SAC) led review of its approach to bryophytes and
hydro. The Review panel included representatives from SEPA and the BHA.
The review report, SAC/2015/03/09 was received by the Scientific Advisory Committee in March 2015
http://www.snh.gov.uk/about-snh/board-comm-and-mgt/scient-adv-comm/sacmeetings/document/?category_code=SAC&topic_id=1642 The recommendations of the report were
endorsed by the SAC..
DISCHARGED –
action now
mainstreamed
Mainstream business. Following Director sign off, SNH is now implement the recommendations, namely:
 Reorganising guidance to: emphasise that the potential impacts of abstraction should be analysed
before the impacts of construction; and include the potential benefit of surveys being extended to areas
beyond the depleted reach; and remove the text which currently leaves the potential for surveys to be
requested for Category E sites.
 Engaging with the BHA in contributing to their training courses.
 Developing survey guidance with the British Bryological Society and the Chartered Institute of Ecology
and Environmental Management.
 Developing capacity in and share information with planners and organisations representing land
owners and developers.
 Producing accessible material in the most relevant formats and styles in order to introduce potential
developers to the issues surrounding bryophytes and hydropower.
 Reviewing the scoring system within five years to ensure its continuing appropriateness in light of new
data on species distributions.
16