Designated Sites and the Habs Regs

Nigel Jennings

Environmental Planner (North Kent)

Designated sites and the Habs Regs

• What

• Why

• Where

• HowThe Swale at Oare

What Designated Sites

• Special Protection Area (SPA)

• Special Areas of Conservation (SAC)

• Wetland of International Importance under the Ramsar Convention (Ramsar site)

• Site of Special Scientific Interest (SSSI)

Special Protection Areas (SPAs)

• Classified in accordance with EC Birds Directive (1979) – no formal criteria

• JNCC published SPA Selection Guidelines

• First SPAs identified in UK mid 1980s – now 85 in England, 6 in Kent.

• Protects the birds and the habitats they use – off-site usage

SPAs in Kent

• Dungeness to Pett Level• Medway Estuary and Marshes• Stodmarsh• Thames Estuary and Marshes• Thanet Coast and Sandwich Bay• The Swale

Medway Estuary

Special Areas of Conservation (SACs)

• Classified in accordance with EC Habitats Directive (1992 as amended)

• To establish a network of important high quality sites to conserve 189 habitat types (Annex I) and 788 species (Annex II)

• In UK 78 habitats and 43 native spp• 634 sites in the UK, 12 in Kent

Great crested newt

Kent SACs

• Blean Complex – oak and hornbeam woods

• Dover to Kingdown Cliffs – vegetated sea cliffs/calcareous grassland

• Dungeness - vegetated shingle/great crested newts

• Folkestone to Etchinghill Escarpment - calcareous grassland

• Lydden and Temple Ewell Downs - calcareous grassland

• North Downs Woodlands - beech and yew woods/ calcareous grassland

• Parkgate Down - calcareous grassland

• Peter’s Pit - great crested newt

• Queendown Warren - calcareous grassland

• Sandwich Bay - Dune systems (5)

• Stodmarch - Desmoulin’s snail

• Thanet Coast - Reefs / Sea caves

• Wye and Crundale Downs - calcareous grassland

Desmoulin’s snail

Ramsar sites

• Wetlands of international importance designated under the Ramsar Convention.

• First designated in 1976• Initial emphasis on sites important for water birds thus

many Ramsar sites are also SPA• The UK Government has advised that Ramsar sites

should be treated the same as SPAs and SACS in the planning system

• 146 in UK, 6 in Kent

Stodmarsh

Ramsar sites in Kent

• Dungeness to Pett Level• Medway Estuary and Marshes• Stodmarsh• Thames Estuary and Marshes• Thanet Coast and Sandwich Bay• The Swale

Sites of Special Scientific Interest (SSSIs)

• Originate set up in the National Parks and Access to the Countryside Act 1949

• Current framework provided by the Wildlife and Countryside Act 1981 (as amended)

• Further amended by the Countryside and Rights of Way Act 2000• Over 4,000 in England covering 7% of the country• 70% (by area) also covered by SPA, SAC or Ramsar• Designated for habitats, species and geology• 103 in Kent

Sheppey Cliffs and Foreshore

Designated Sites in Kent

Wildlife and Countryside Act 1981 (as amended)

• S28G duties include Local Planning Authorities:

• “take reasonable steps, consistent with the proper exercise of the authority’s functions, to further conservation and enhancement of the flora, fauna or geological or physiographical features by reason of which the site is of special scientific interest”.

• S28H – give notice before carrying out any operation likely to damage any of the interest features of a SSSI

• S28I - or authorise others to carry out

Conservation of Habitats and Species Regulations 2010 – Habs Regs

• Relevant to both strategic planning and planning development control.

• Regulation 102 – Land Use Planning

• Regulation 61 to 68 – Planning applications

Regulation 102

• Requires a Habitat Regulations Assessment

• This is the term used to describe the process to avoid confusion with the Appropriate Assessment that forms part of the HRA

• Acknowledged by EU that there will not be the same level of detail as a planning application , there will be uncertainties:

1. Scientific – precautionary approach

2. Regulatory – relying on other regulatory authorities

3. Planning Hierarchy i.e. SE Plan (3 criteria)

4. Implementation – case by case i.e. Windsor & Maidenhead Telecommunications SPD

Pitfalls

• Preparation of HRA should be at same time as policy document and SA/SEA

• Relying on delivery by others but not providing caveat i.e. Water infrastructure

• Quoting favourable condition of SSSIs as evidence that current situation is acceptable

• Evidence to back up assertions

• Look at both individual elements and the sum of the whole

Regulation 61 – Planning Applications

• Regulation 61 requires an authority, before deciding to give any consent to a project which is (a) likely to have a significant effect on a European site (either alone or in combination with other plans or projects), and (b) not directly connected with or necessary to the management of the site, to make an appropriate assessment of the implications for the site in view of its conservation objectives.

• Waddenzee judgement – the precautionary principle• Waddenzee Judgement – precautionary approach – no reasonable

scientific doubt

• Dilly Lane Judgement – avoidance/mitigation measures that are part of the submission can be taken into account at the screening stage

Regulation 61 – Planning Applications

• In-Combination Assessment

• Appropriate Assessment – if the screening cannot conclude no significant effect

• Look at what could be done to avoid/mitigate i.e. timing of works

Regulation 62 – Exception Test

Must meet 3 criteria

1. No alternatives; and

2. An overriding reason of public interest i.e. Public safety; and

3. Compensatory measures to ensure coherence of the Nutra 2000 network

Any questions?

Any Question?