Sabrina Lai Dipartimento di Ingegneria del Territorio Università di Cagliari Phone: Fax:

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1 New Challenges for European Regions and Urban Areas in a Globalised World 51 st European Congress of the Regional Science Association International Barcelona, 30 August 3 September 2011 Sabrina Lai Dipartimento di Ingegneria del Territorio Università di Cagliari sabrinalai@unica.it Phone: Fax:

2 Designing Natura 2000 Natura 2000: European coherent network of sites of ecological importance established under... Habitats Directive (92/43/EEC): pscis, SCIs, SACs Birds Directive (2009/147/EC): SPAs Aim: to protect biodiversity and especially habitats and species rare, valuable or threatened

3 Making up for lack of participation? Selection of the sites: Science-driven (based on ecological criteria only) (Alphandéry and Fortier, 2001; Rauschmayer et al., 2009) Top-down (Amirante, 2003) Not inclusive Consequence: fear of restrictions on property rights and land use, low acceptance or even hostility to the designation of Natura 2000 sites (Weber and Christophersen, 2002) Would greater involvement of local communities in the management of the network help reach consensus and ease the implementation of the directives? (Gibbs et al. 2007; Paavola, 2004; Ledoux et al., 2000) What form(s) could this involvement take?

4 Management plans for Natura 2000 sites HD, art. 6: Member States shall establish the necessary conservation measures involving, if need be, appropriate management plans specifically designed for the sites or integrated into other development plans that should address all foreseen activities: 1. conservation measures are compulsory 2. management plans (MPs) are optional: member states decide whether MPs are needed and what form they will take no indication of the specific contents of management plans can be given (European Commission, 2000, Guidance document on the provisions of art. 6 of the HD)

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7 Managing Natura 2000 sites in Italy Regions and autonomous provinces are responsible for the following: managing Natura 2000 sites establishing conservation measures and appropriate statutory, administrative or contractual measures deciding on whether a plan for a certain site is necessary approving MPs for Natura 2000 Conservation measures (including MPs) must be compliant with the national guidelines issued in 2002 and especially dealing with the following: the selection process of the most appropriate form of MP MPs structure and contents MPs are not compulsory in Italy

8 MPs for Natura 2000 sites in Italy Plans must comply with directions given in a decree of the Ministry of the Environment Indications on structure and contents of MPs are detailed in a handbook produced by the same Ministry Physical description Biological description Socio-economic description Description of archaeological & cultural values Description of landscape aspects Assessment of ecological needs for the conservation of habitats and species Potential impacts on the conservation status of habitats and species Selection of a system of indicators to evaluate conservation status Evaluation of the conservation status of habitats and species Objectives (general/detailed, conservation/ management) Management strategy (actions & projects) INVENTORY AND GEOGRAPHIC INFORMATION SYSTEM Monitoring of the plan

9 Natura 2000 network in Sardinia Some figures: 92 SCIs (SACs-to-be by 2012) 37 SPAs approximately a 15% of the total land area of the island Sardinian Regional Government is responsible for the management of its Natura 2000 network, including: establishing conservation measures approving MPs

10 Natura 2000 network in Sardinia: MPs 2005: provinces, municipalities, bodies responsible for Parks and Marine Protected Areas were asked to draw up and submit MPs for SCIs (call for proposals funded by the ERDF) The Autonomous Region of Sardinia retained its ultimate responsibility for approving the plans Necessary prerequisites for the approval of a certain plan were as follows: compliance of the plan with the BD and the HD and with both national and regional guidelines involvement in the plan preparation of all of the municipalities whose land area overlaps a European site evidence of participation of local communities and stakeholders presence of a formal act of adoption of the plan by all of the local authorities involved

11 Natura 2000 network in Sardinia Following the call for proposals, 76 MPs concerning 87 SCIs were prepared As a result of the recent approval of 72 plans by the regional executive, approximately a 57% of the total land area of Sardinian Natura 2000 network has now an MP in force Natura 2000 Network in Sardinia: Management Plans in Force as of September 2009 Natura 2000 sites for which a m anagement plan has been approved by the regional executiv e Natura 2000 sites for which a m anagement plan has not been approv ed by the regional ex ecutive N Kilo m eter s

12 Two research questions Q1 1. MPs are neither compulsory nor legally binding 2. Adjustment of land-use plans to MPs (when needed) is not a statutory requirement (unlike the adjustment of land-use plans to the Regional Landscape Plan - RLP) 3. Municipalities have agreed to make their land-use plans compliant with MPs What role will MPs play in the Sardinian multi-level planning system? Detailed City development masterplans plans (land-use plans) Province plans Regional sectoral Regional plans basin? Regional plan landscape plan MPs

13 Two research questions Q2 1. For each project/plan likely to affect an SCI/SPA/SAC, according to the HD, an appropriate assessment (AA) must be carried out 2. Official acts and guidance documents on the AA never mention that MPs should be considered in the AA procedure Should MPs be incorporated into the AA process? If so, how?

14 MPs and other types of plans Sardinian regional guidance document on contents of MPs for SCIs and SPA (2005): all of the plans in force in the territory of the site must be examined so as to assess whether their restrictions on land use and limitations on transformation of land guarantee that natural habitats and species of community interest are maintained at a favourable status, or whether permitted development of land and allowed changes in land use risk threatening either habitats or species planners must integrate management plans with other plans The ultimate aim of this article is to establish whether other plans, and especially municipal masterplans, should be modified

15 A plan without teeth Plans for national parks and nature reserves (ruled under national law 394/1991), and for regional parks and nature reserves (ruled under regional law 31/1989) are part of the Italian multi-level planning system and higher in rank than city plans The legal definition of protected areas has been stretched since 2008 so as to include SACs and SPAs (not SCIs, though), but... MPs are not tantamount to plans for protected areas MPs are not legally binding (city plans don t have to comply with them) MPs were prepared and approved by the same city councils that are responsible for the approval of local masterplans consistency VS silo mentality What if (according to MPs) allowed land uses or transformation of land posed any threats on habitats or species?

16 Case-study 1: Sassu Cirras SCI ITB (Sassu Cirras) was designated as an SCI because of the importance of its dunes habitats (2110, 2120 and 2210) which, according to its 1995 Standard Data Form, made up a 50% of the total area of the SCI The MP found out that: area covered by habitats *1510 and 1410 had increased from 2 to 32% only a 5% of the area of the site hosted dunes habitats (2110, 2120, 2210, 2230 and *2250) (Comune di Santa Giusta, 2006) (Comune di Santa Giusta, 2006)

17 Case-study 1: Sassu Cirras Findings from the MP: the loss of dunes habitats was due to a quarry still operating in the north-east part of the site the nearby industrial port. D: Area for industrial development H: Area where development of land is not allowed According to the city masterplan in force: the north part of the site is allocated as area for industrial development the port is allowed to expand southwards (within the SCI) Therefore the MP proposed that the masterplan be changed to prevent any further development of the industrial area (Action IA6 of the MP) The city council approved the MP, committing itself to this proposal No active role of the regional administration (Comune di Santa Giusta, 2006)

18 Case-study 2: Isola di San Pietro SCI ITB (Isola di San Pietro) covers nearly the whole Island of San Pietro The only part of the island not included in the SCI is the city of Carloforte, home to nearly 6,500 inhabitants (2001 national census) This population has been estimated to increase in summers up to 20,000 people (Sistu and Cocco, 2006) A proper water treatment plant, able to deal with this significant increase in population, is missing but the city has a shortage of undeveloped land outside the SCI s boundaries ( (Comune di Carloforte, 2006)

19 Case-study 2: Isola di San Pietro It was proposed that a new water treatment plant be constructed somewhat in between the city centre and tourism developments scattered along the coast The site was designated as area for industrial development (type D) in the city plan A detailed project for the plant was put forward and rejected on the grounds of the negative outcome of the AA (priority habitat *1510) Studies contained in the MP confirmed the presence of the priority habitat, but a change in the zoning system was not proposed an alternative site for the plant was not identified As a result, regional decree no. 10 of February 13 rd, 2009 approved the MP under condition that the zoning system of the city plan be changed Active role of the regional administration (Comune di Carloforte, 2006) *1510 (

20 MPs as triggers for changes of zoning systems These two case-studies have shown examples of changes in the city plans zoning systems deemed as necessary on the bases of the contents of approved MPs The first one was proposed by a local administration The second was imposed by the regional government Each way, the obligation to change the city plans zoning system was written down in the regional decrees that approved these MPs These two case-studies both deal with areas that host (or are meant to host) industrial activities As such, they are by no means representative of all possible changes in land uses that would be required to satisfy the ecological needs highlighted in approved MPs

21 Appropriate Assessment under the HD The assessment of implications of plans and projects likely to have a significant effect on Natura 2000 sites is statutory under art. 6 of the HD Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon (...) shall be subject to appropriate assessment of its implications for the site in view of the site s conservation objectives In Italy: Appropriate Assessment (AA) reports must cover all of the points listed in Annex G of decree 357/1997 (amended version 2003) National law 152/2006: in case an SEA of the plan or an EIA of the project is required, the AA must be incorporated either in the SEA or in the EIA process, but the outcomes of the AA procedure must be clearly identifiable

22 MPs and AA in Italy & in Sardinia Responsibility for the final decision in Italy the Ministry of the Environment if the plan or project is of national relevance otherwise, regions and the autonomous provinces of Trento and Bolzano Regions are also entitled to detail procedures and technical aspects of environmental assessments In Sardinia, a decision of the regional government only deals with the SEA and the EIA, but not with the AA official (regional) policies, guidelines or laws on the AA are still missing the only policy document regarding the AA is a guidance document on the SEA of city plans, issued by the Regional Administration of Sardinia in 2010 (draft available since 2007)

23 AA of land-use plans in Sardinia (2010 g.d.) if a municipality s land area overlaps an SCI or an SCA, the AA is automatically required the AA must be embedded in the SEA the AA report must cover topics listed in Annex D of the document description of the Natura 200 site analysis of both biotic and non-biotic component potentially concerned by the plan description of the city plan having regards to aspects such as: direct and indirect alterations that the implementation of the plan might produce on the environmental components (e.g. water, air, soil) distance between impact sources and environmental recipients of such impacts consumption of natural resources waste production noise and pollution integration of the plan with other plans, in terms of compliance, or lack thereof, with them

24 AA of land-use plans in Sardinia (2010 g.d.) the AA report must forecast medium- and long-term effects of the implementation of the plan on habitats and species (no methodology is suggested) in case the plan implementation is believed to adversely affect the integrity of one or more Natura 2000 sites, and depending on the magnitude of the potential impact, the report must give indications on mitigation measures and/or a thorough assessment of alternative solutions including the zero option MPs are not explicitly mentioned among the contents of the AA report. To the contrary, examination of MPs is required in the environmental report of the SEA (only as far as measures and actions contained in the MP are concerned).

25 Appropriate Assessment of plans in Sardinia The AA procedure must be embedded in the SEA process, and the AA report must be integrated in the environmental report However, in Sardinia... the regional administration issues the final decision on the outcomes of the AA of city plans provincial administrations have authority on the SEA process Responsibilities are split between two tiers of government Up to now only six AA of the implications of a land use plan on a Natura 2000 site have been completed, despite the number of plans currently undergoing the SEA process In Sardinia AA of city plans is still in its early stages

26 Town Arborea MP approved? Yes (for the SCIs only) MP taken into account in the final decision? Obligations from the final decision? What type(s) of change, if any? No Yes Change in the zoning scheme. Relocation of a camp site. Badesi Yes Yes Yes Changes in the zoning scheme: reduction on the maximum amount of housing volume in residential areas reduction/relocation of areas designated for sports facilities infrastructures parking facilities reduction in the number of paths and tracks leading to the beach. Other obligations stemming from the final decision on the outcomes of the AA Any project concerning the camping site to be relocated must undergo an AA. Any transformation of land is forbidden within those portions of the SCI that host habitat *2250 and in a 50m-wide buffer around them. Human activities that can be carried out in zone E5C are strictly limited to restoration activities envisaged in the MP. Increase in the minimum area of the plot required to obtain a building permit in zones reserved for agriculture, where building permits can be granted to farmers only. Irgoli Yes Yes No - - Nurachi Yes (for the SCI only) Yes Yes Amendment of an article contained in the planning implementation code of the city plan. Human activities that can be carried out in zone that host natural habitats and in a 20- metre-wide buffer around the wetland are strictly limited to restoration and management of vegetation activities envisaged in the MP.

27 Town Oristano Siniscola MP approved? Yes (for the SCIs only) Yes (for both the SCIs) MP taken into account in the final decision? Obligations from the final decision? What type(s) of change, if any? Other obligations stemming from the final decision on the outcomes of the AA Yes Yes - Any detailed development plan or project concerning areas designated in the city plan for public facilities (including sports facilities, and the marina) that are contained, even partially, in the SCIs or in the SPA must undergo an AA and must be preceded by a restoration project on which the Decision on the AA of the city plan gives some indications. Yes Yes Changes in the zoning scheme (all of them apply within the borders of the SCI only): reduction of areas designated for parking facilities industrial activities reduction in the number of paths and tracks leading to the beach Amendment of an article contained in the PIC of the city plan, stating that any project must be compliant with requirements and indications contained in the MPs Detailed development plans or projects concerning two areas mentioned in the Decision and designated in the city plan for tourism developments (resorts, hotels, holidays houses etc.) must undergo an AA.

28 Appropriate Assessment of plans in Sardinia The MP was not taken into account in one case only. In the others, MPs helped: assess the compatibility of provisions and actions contained in the city plan with conservation objectives: unlike in the EIA, where only the assessment findings must be taken into account, in AA there is a direct precondition to decision-making (Söderman, 2009) make decision upon required changes to be incorporated into the city plan, mainly consisting of modifications in the zoning scheme such as: reduction in size of areas designated for a certain purpose relocation of certain activities lower limits on new housing amendment to the planning implementation code changes to the existing network of paths and rough roads changes to the allocation of land for new parking facilities impose mitigation measures, mainly in form of restoration of vegetation and natural habitats in the most fragile areas requirement of an AA of more detailed plans and/or projects

29 Appropriate Assessment of plans in Sardinia Final decisions on the AA generally required that some changes of the plans be made. Such changes were required at a late stage, when the making of the plan was completed and choices had been made both on locations and on designation of permitted land uses. This means that the AA of city plans is regarded as a bureaucratic accident, i.e. simply as a permit to obtain before the approval of the plan. Lack of information and the fact that responsibilities on the AA and on the SEA are split between two tiers of government might be put forward as possible causes. MPs appear to play an unclear role in AA process. AA reports not always regard MPs as reliable sources of information and as planning tools although MPs and city plans are prepared by the very same administrations but decisions on the final outcomes of the AA process are increasingly grounded on the MPs. Final decisions on the AA often introduce, as a mitigation measure, the requirement of an AA for detailed development plans or projects that implement a city plan. Such mitigation measures are risky, as they could lead to a multiplicity of inconsistent measures, a more limited range of possible measures (i.e. project level rather than strategic level) (Scott-Wilson et al., 2006)

30 Conclusions: 1 MPs as a participatory tool This presentation has shown how the Regional Administration of Sardinia is currently planning and managing its Natura 2000 network MPs are not mandatory, but they were regarded as necessary because other types in plans in force do not appear effective in protecting habitats and species of community importance The decision to devolve the preparation of MPs to lower tiers of governments and to require that local stakeholders be involved in the planning process was an attempt to make up for the exclusion of local administrations and communities in the designation of sites It was hoped that such involvement and inclusion would help increase awareness of the very existence of Natura 2000 sites consensus on the need to introduce conservation measures for biodiversity The large number of MPs drawn up by local administrations and approved by the regional executive proves that it was a wise move

31 Conclusions: 2 Two weak points MPs are not mandatory planning tools Weaker than legally binding plans (e.g. city plans)? If the MPs were given legal status, conservation measures could be directly incorporated into city plans and zoning systems of municipal plans Would such a regulatory approach risk misinterpreting the HD (MPs as tools to be used only when necessary & with other measures)? MPs are not yet taken into account in the AA of plans and projects The very fact that MPs and city plans are drawn up by the same administrations does not automatically lead to a zoning system consistent to ecologic needs and requirements MPs studies should be used as a baseline for the AA report Especially when assessing implications of other spatial plans on habitats & species, both MPs objectives and actions ought to be incorporated Only this way can MPs evolve from non-compulsory and non-binding plans without teeth to effective planning tools capable of ensuring that the HD and the BD are correctly implemented