Monitoring Mitigations & Compensation: Are they actually implemented and do they work?

Transcription

1 Monitoring Mitigations & Compensation: Are they actually implemented and do they work?

2 Content Monitoring Mitigation & Compensation Requirements: Why the need? Perspectives from the developer. Examples from major developments. Are they implemented? Do they work? What should be done?

3 Why the need for mitigation & compensation? Compliance with principles of the Convention on Biological Diversity PPS9 biodiversity and planning guidance IEEM and IEMA guidelines on impact assessments

4 Why the need to monitor mitigations? To provide an evidence-based approach to subsequent mitigation & compensation requirements. (current lack of knowledge) Effectiveness of the mitigations to conserve biodiversity to halt the decline in biodiversity by 2020

5 Perspectives from the Developer Why should we undertake these measures? Additional cost - typically incurred after the end of the project. Mitigation measures beyond our control land owner issues Who takes ownership and responsibility? Unknown commercial risk and liabilities

6 Overview

7 Example: Rutland Water Habitats Increased in draw-down at SPA to meet growing demands for water and development Appropriate Assessment: significant impacts on the SPA Compensation: creation of largest in-land lagoons in the UK for dabbling ducks (shoveler and gadwall) Large-scale, not often seen in relation to development Great crested newts & bats

8 Example: Rutland Water Habitats Mitigations: GCN ponds & translocations including 6 km of newt fencing Monitoring: 5 year post-construction monitoring for GCN 10 year post-construction monitoring for bats 5 year lagoon productivity monitoring Issues: Who will do the monitoring? What to be done if mitigations are unsuccessful? Cost

9 Example: Marchwood Tower Replacement Removal of old and installation of new electricity towers located within Solent SAC and Eling & Bury Marshes SSSI. EIA identified impact on saltmarsh habitats and breeding birds Mitigations: Limitations of timing of works Monitoring: 5 year post-construction monitoring the recovery of the saltmarsh habitats to compaction.

10 Example: Marchwood Tower Replacement Key issues: Condition of planning to undertake the monitoring and intervention measures to be undertaken if saltmarsh recovery unsuccessful Whose responsible to pay? What happens if saltmarsh does not recover?

11 Example: Wing Pipeline 42km water pipeline for future growth plans. Permitted Development, but detailed ecological surveys incl. EIA. Ecological features: GCN, otters, water voles, white-clawed crayfish, badgers, BAP habitats Mitigations: GCN exclusions, pond creation (but unable to implement) Monitoring: 3 years post-construction

12 Example: Wind farm developments in Europe Bird impact studies for several proposed wind farm developments in the EU. EIA did not identify significant impacts, but due diligence did. Recommendations: Land purchase to create habitats for species displaced. Monitoring of bird kills and subsequent intervention measures.

13 Do they work? Are they implemented? Are mitigations implemented? Certainly about 95%...but not if dependent on third party and only if really necessary. about 60% of projects are monitored. but about 10-15% don t complete. Do they work? Uncertain...only for the species being mitigated against....long-term population viability?

14 Summary: What should to be done? Push for evidence-based approach, monitoring mitigations and compensations is essential standard guidelines. Dissemination of previous experiences - other developments and mitigations. Incentives to the developer & land owner to be proactive in mitigation measures. Improved enforcement measures to ensure mitigations are undertaken properly. Longer term monitoring, 5+ years should be the minimum. Over-emphasis on species, what about habitats or ecosystem functions? Biodiversity offsetting?

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