Key Drivers: Legislation & Policy

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1 Ian Barker Ecologist New Forest National Park Authority Delivering our duty: Planning for biodiversity in Hampshire 9 July 2010

2 Local Authorities are influenced by variety of drivers, e.g: Legislation statutory duties Criminal legislation affecting operations/activity Government and local policy Delivering our duty: Planning for biodiversity in Hampshire 9 July 2010

3 Also: Public (and political) expectation Government performance management often linked to finance Delivering our duty: Planning for biodiversity in Hampshire 9 July 2010

4 Presentation 1.International 2.National 3.Regional 4.Local 5.The future? Delivering our duty: Planning for biodiversity in Hampshire 9 July 2010

5 Habitats Regulations 1994 The establishment in law of many local government bodies as competent authorities. Also applies to anyone holding public office. Tests must be applied to decisions made by competent authorities process known as appropriate assessment System for protection of European Protected Species, these can affect planning process as well as local authority management of buildings/open spaces

6 Habitats & Species Regulations 2010 Recent update 2010 Regulations Consolidates previous amendments (30!) Significant past amendment has been clarification of the need to undertake appropriate assessment of land use plans

7 Habitats & Species Regulations Developments and examples 2009 Wightlink Ferries. Case No: CO/1834/ broad definition of plan or project 2009 Woolley Case (Cheshire ruling). Case No: CO/2820/2008 planning consent quashed, LPAs must consider the tests of the Habitats Directive 2005 Prosecution Hart District Council damage to a bat roost during tree works

8 EIA Regulations 1999 Review of Circular 02/99 Letter to Chief Planning Officers 18 Nov 2009 from DCLG following ECJ preliminary rulings in respect of screening and modifications - reasoned opinions must be provided to public, assessment of impact should relate to whole project, not just modification

9 EIA Regulations Case law - Cornwall ruling - CO 4784/1999 In my judgment, the grant of planning permission in this case was not lawful because the respondent could not rationally conclude that there were no significant nature conservation effects until they had the data from the surveys. They were not in a position to know whether they had the full environmental information required by Regulation 3 before granting planning permission. I would therefore quash the planning permission dated 25th October 1999.

10 Key Drivers: National Legislation & Policy

11 National developments NERC Duty - Buglife (The Invertebrate Conservation Trust) Judicial Review of Thurrock Development Corporation & subsequent appeals

12 National developments Parliamentary Audit Committee - Halting Loss of Biodiversity Paragraph 37 states: We are concerned that PPS9 and the biodiversity duty have not adequately protected or enhanced biodiversity and that such opportunities continue to be missed.

13 National developments The Government should adopt a new target for halting and reversing biodiversity loss by To achieve this the Government will have to go beyond traditional nature conservation policies. It will have to ensure that, wherever possible, biodiversity is protected and enhanced by all departments and policies. There is a compelling economic case for doing this.

14 National developments Current consultation review of PPS9 Planning for a Natural and Healthy Environment Green infrastructure Commitment to biodiversity forming key aspect of sustainable development Accompanying Circular contains guidance on European Protected Species tests

15 National developments Planning Inspectorate advice to Inspectors following Natural England withdrawal from protected species work 3 Feb 2010: Appeals will therefore be subject to closer screenings on receipt for protected species issues, and additional checks will be made for such issues raised in subsequent appeal documents; Where an Inspector considers that there is credible evidence to suggest that there is a reasonable likelihood of protected species being affected, and the matter has been aired but survey information is either missing or inadequate, or suggested mitigation measures are unlikely to be effective, the appeal can generally only be dismissed.

16 National developments Planning Appeal decisions Consistent approach confirming need for biodiversity, and in particular protected species, to be adequately addressed as part of determining applications

17 Key Drivers: Regional Legislation & Policy Regional Spatial Strategy Biodiversity opportunity mapping Green Infrastructure Recognition of the need to mitigate development impacts on European sites South East Natural England standing advice on protected species

18 Key Drivers: Local Legislation & Policy Local Development Frameworks Core Strategies Supplementary Planning Documents Hampshire BAP 1-APP

19 Local 1-APP checklist Partnership initiative Assists delivery of biodiversity duty within development management Facilitates improved understanding of information requirements and streamlines process

20 The Future? Lawton Review Making Space for Nature Report due later this year, likely to include GI and defragmentation of wildlife sites. Interim report to government states: The evidence that we have collated so far suggests that the current collection of wildlife sites in England does not function as a coherent and resilient network for many components of our natural environment. This should not come as a surprise to many, because the sites were generally not designated as a network, but this means that action is needed if our wildlife sites are to underpin a healthy natural environment, to the benefit of wildlife and people.

21 The Future? Government s new agenda Implications for regional level planning policy Review of legislation and policy We will introduce measures to protect wildlife and promote green spaces and wildlife corridors in order to halt the loss of habitats and restore biodiversity. We will create a presumption in favour of sustainable development in the planning system. Ecosystem services gathering momentum?

22 The Future? Government s new agenda Challenges Resources, delivering more with less Localism agenda, public expectation of planning system Changes to Community Strategies? Section 4 Local Government Act linked to Biodiversity Action Plans (DETR Circular 04/2001) Earth Summit 2010 Japan new targets/impetus?

23 New & existing standards E.g. PAS 2010 PPS9 Companion Guide Ecohomes ISO & other Environmental Management Systems