EIR Request - Swan Mitigation Measures
Request 101003964463
I am writing regarding the mitigation measures referenced in your recent publication about works affecting pond areas and swan nesting.
Specifically, I would like to request the following:
1. A copy of the full swan protection plan produced by the ecologists advising Moray Council.
2. Details of the ecological assessment(s) carried out prior to the decision to install mitigation measures.
3. Information on the decision-making process that led to preventing swan nesting on the pond islands.
4. Any correspondence (including emails, reports, or meeting minutes) between Moray Council and ecological advisors relating to these measures.
5. Details of any licenses, permits, or approvals obtained in relation to wildlife protection or disturbance.
6. Information on how the effectiveness of these mitigation measures will be monitored and assessed.
7. Any risk assessments carried out regarding impacts on swans and other wildlife.
If any of this information is already publicly available, I would appreciate it if you could direct me to the relevant webpage or document.
Response 20-05-2026
1. Please find attached the Mute Swan Species Protection Plan (Moray Framework, Cooper Park)
2. Please find attached the Preliminary Ecological Assessment (Moray Framework, Cooper Park)
3. Please see below:
Thank you for your request and for taking the time to raise your concerns regarding the works currently being undertaken at Cooper Park pond and the potential impact on the resident mute swans. We fully recognise the strength of feeling within the community about the swans and the wider wildlife that depends on the pond, and we welcome the opportunity to provide further context around the project, the ecological advice received, and the mitigation measures that have been implemented.
From the earliest stages of the project design process, the protection of wildlife and the long-term ecological health of the pond have been fundamental considerations in the planning and development of the works. As part of the standard process for projects of this nature, ecological assessments and Preliminary Ecological Appraisals (PEA) were commissioned at an early stage. The PEA identified habitats and species present within and around Cooper Park, including nesting birds and other protected or notable species groups. Recommendations arising from these assessments informed both the timing of works and the mitigation measures adopted on site. The work undertaken reflects the Council’s wider commitment to ensuring that environmental considerations and wildlife protection are integrated throughout the planning and delivery of the project.
Upon project design and in advance of the planned drainage and restoration works, Moray Council commissioned an independent Species Protection Plan for Mute Swan (Cygnus olor). This work was undertaken by EnviroCentre Ltd, an experienced environmental consultancy appointed through the Council’s standard procurement and tendering process. Their appointment was made to ensure that ecological considerations and wildlife protection measures (specifically for swans) were assessed independently and professionally.
The Species Protection Plan considered the presence of the resident swan pair and known nesting activity on the pond islands, and identified a number of potential risks associated with the works, including temporary disturbance during nesting season, displacement from nesting territories, increased vulnerability to predators during drainage operations, and impacts arising from vegetation management and construction activity. In response, the report recommended a range of mitigation and compensation measures designed to minimise disturbance and protect the welfare of the swans throughout the project.
Prior to the commencement of works, ecological specialists assessed the site and advised on measures intended to minimise disruption to wildlife. The swans were not present within the pond when works first commenced and it was anticipated that swans would be discouraged from using the pond as water levels reduced during drainage operations, restricted access to the nest sites and the disturbance from ongoing works. However, wildlife behaviour can be difficult to predict and, when swans returned to the site, additional mitigation measures and increased monitoring were introduced in response. These included safe exit routes, deterrents intended to discourage nesting within active work areas, and ongoing ecological oversight. The Council and project design team are also continuing to review elements of the proposed boardwalk design in light of ongoing public feedback received during the course of the project.
Ecological advice has continued to guide operational activity on site. Contractors working at the pond have received guidance and awareness training from the ecology team so they understand the procedures that must be followed should nesting behaviour or protected wildlife activity be identified. If nesting birds are observed, exclusion zones will be established immediately and work in the affected area will cease until further assessment has been carried out and the ecology team confirms it is appropriate for activity to recommence. This approach ensures that site activity remains responsive to changing conditions and that wildlife protection remains a priority throughout the works.
The Council also recognises that communication around the timing and visibility of some of the proposed works could have been clearer at earlier stages of the project and additional site signage and public information is being progressed. Communication relating to government-funded projects was also subject to restrictions during the election period, which limited some external communications during that time.
The Council’s decision-making process has therefore been informed throughout by independent ecological advice together with the practical need to undertake restoration works required to improve the long-term condition, safety and sustainability of the pond environment. The intention of the mitigation measures is not to harm or permanently displace the swans, but rather to avoid situations where active nesting or construction activity could place wildlife at greater risk. The approach taken seeks to balance animal welfare considerations, legal obligations relating to wildlife protection, and the necessity of carrying out essential restoration works responsibly.
4. Following searches undertaken across project records held by the council, no formal meeting minutes were identified within the scope of your request relating to decisions concerning swan welfare or ecological mitigation. Discussions relating to the project were operational in nature and took place through a combination of site meetings, telephone conversations and email exchanges. Information that is not held falls under Section 10(4)a of the of the Environmental Information (Scotland) Regulations 2004 - Information not held.
5. Council's strategy was avoidance, deterrence, exclusion from nesting sites and ecological monitoring in order to avoid impact rather than to have direct intervention with swans. In relation to licensing, approvals and environmental compliance, the Council has sought and continues to follow professional ecological guidance throughout both the planning and operational stages of the project. Any activities with the potential to affect nesting birds or protected wildlife are considered in accordance with relevant wildlife legislation and established ecological practice. Pre-works checks, ecological supervision and ongoing monitoring all form part of this process.
6. Monitoring arrangements have been built into the mitigation process. Weekly ecological visits are being undertaken to assess conditions on site and review the effectiveness of the measures already implemented. As part of this ongoing monitoring, access ramps were initially installed to support the safe movement of birds around the pond during drainage works. Following observations during subsequent visits, opportunities to improve the effectiveness of the original ramps were identified. In response, revised ramps with a shallower gradient were installed to improve accessibility and better support bird movement. This adaptive approach reflects the Council’s commitment to responding constructively to ecological advice and observations as the project progresses.
7. The Species Protection Plan (see 1.) it is functionally a risk assessment and contains all of the core elements expected within an ecological risk assessment.
While some aspects of the project are visible public realm improvements, the primary purpose of the works is to address significant deterioration within the pond environment itself, including the accumulation of silt, weakened pond walls, reduced water movement and declining habitat quality. Without intervention, these issues would continue to worsen and ultimately undermine the pond’s ability to support a healthy and sustainable ecosystem.