12 Nature Conservation

Nature Conservation Objective

To identify, protect and enhance areas and species of nature conservation value.

12.1 INTRODUCTION

12.1.1 The Wildlife and Countryside Act 1981 and the Conservation (Natural Habitats &c) Regulations 1994 and the Section 74 list of species and habitats of principal importance in Wales (Countryside and Rights of Way Act 2000) provide the national context for the local guidance provided in this chapter.

12.1.2 In 1994 the UK government published the UK Biodiversity Action Plan. It listed a range of habitats and species, which are of national importance. A Local Biodiversity Action Plan for Monmouthshire must take account of these habitats and species and also identify locally important ones. Effective action to safeguard and improve the range of habitats and species needs to be translated to the local level.

12.1.3 Conserving biodiversity has become important because man’s activities are constantly changing the environment and reducing the numbers and variety of plants and animals that are able to survive the changes. All forms of life are inter-connected and everything (including ourselves) is dependent on other forms of life to exist. The Monmouthshire Local Biodiversity Action Plan (LBAP) has been adopted by the Council as supplementary planning guidance. The LBAP is a material consideration in the determination of planning applications and will inform the review of the development plan.

12.1.4 Habitats and species that are listed in the UK Biodiversity Action Plan and the CROW Act Section 74 (list of species of principal importance in Wales) will be afforded protected species status in considering the direct or indirect impact of any development on them.

12.2 DESIGNATED SITES

International Sites

NC1 Development which is likely to have a significant effect on a European site, proposed European site or a Ramsar site will be subject to the most rigorous examination and assessment requirements, in accordance with the procedures set out in the Habitats Regulations 1994. Where development is permitted in accordance with the Habitats Regulations, the use of conditions or planning obligations will be considered in order to avoid and minimise harm to the site, to enhance the site’s nature conservation interest and to secure any compensatory measures and appropriate management that may be required.

National Sites

NC2 Development in or likely to have an adverse effect on a Site of Special Scientific Interest or National Nature Reserve will be subject to special scrutiny. Where such development could have an adverse effect, directly or indirectly, on the special interest of the site it will not be permitted unless the reasons for the development clearly outweigh the harm to the special nature conservation value of the site. The use of planning conditions or obligations will be considered in order to avoid and minimise harm to the site, to enhance the site’s nature conservation interest and to secure any compensatory measures and appropriate management that may be required.

Local Sites

NC3 Development likely to have an adverse effect on a Local Nature Reserve, a Site of Importance for Nature Conservation, a County Wildlife Site, a Regionally Important Geological/Geomorphological Site or a site that satisfies the relevant designation criteria will not be permitted unless the benefits of the development clearly outweigh the harm to the substantive nature conservation or geological value of the site.

12.2.1 Since the 1939-1945 war successive Governments have established special arrangements for protecting parts of the countryside that are of particular environmental value. These have included:

  1. Special Protection Areas (SPAs) and Special Areas of Conservation (SACs) are designated under European legislation and are collectively known as Natura 2000 Sites.
  2. Sites of Special Scientific Interest (SSSI), areas of special interest by reasons of their fauna, flora, geographical or physiographical features.
  3. National Nature Reserves (NNR), sites of national or international importance for nature conservation that are owned, leased or managed under agreement by the Countryside Council for Wales.
  4. Local Nature Reserves (LNR), sites of local importance that are owned, leased, or managed under agreement by local authorities.

12.2.2 Increasingly the international importance of the County’s habitats, flora and fauna is being recognised. In 1995 the Government designated the Severn Estuary as a Special Protection Area (SPA) under the EC Birds Directive. It is also listed as a Wetland of International Importance under the Ramsar Convention (a ‘Ramsar Site’) and designated as a possible Special Area of Conservation (pSAC). Five additional sites have SAC status: River Usk, River Wye, Wye Valley and Forest of Dean Bat Sites, Usk Bat Sites; and Wye Valley Woodlands. The Council will afford all designated areas appropriate protection in accordance with international obligations and national planning guidance.

12.2.3 Local Nature Reserves (LNRs) may be designated by a local authority under the National Parks and Access to the Countryside Act 1949, as amended. The Council may provide or secure nature reserves on land in its ownership or control which is considered to be of significant nature conservation or educational interest for management as a nature reserve. The CCW should be consulted when such a reserve is proposed and their approval obtained prior to any designation.

12.2.4 Sites of Importance for Nature Conservation (SINCs) can be designated by a local authority where their local importance for nature conservation has been identified by the presence of important habitats or species. Criteria for the selection of SINCs are being prepared with other South Wales authorities and will be adopted by the Council as supplementary planning guidance. The Council will assess sites proposed for development to ascertain whether they fulfil the criteria for designation and may request information from applicants to assist in that process. If a site satisfies the criteria it will, for planning purposes, be treated as if it were a SINC.

12.2.5 The purposes of all the above designations are the preservation and enhancement of natural habitats. However, development beyond the boundary of a designated site can have serious repercussions within the site, even to the point of destroying its nature conservation value. Adverse development will only be allowed in the most exceptional circumstances. If adverse impacts are anticipated development will be subject to planning conditions or obligations to secure any compensatory or appropriate management measures.

12.3 SPECIES PROTECTION

NC4 Development of a site hosting or providing habitat for a notified species will not be permitted unless it can be demonstrated that:

(a) it will not harm the notified wildlife interest;

(b) where appropriate, it enhances the nature conservation value of the site; or

(c) there are overriding reasons of human health and safety which make the development necessary.

Where necessary, conditions will be imposed on any planning consent or an agreed planning obligation will be entered into to ensure that the habitats or species affected are safeguarded and that the impact of the development is minimised in both the short and the long term.

12.3.1 The Wildlife and Countryside Act 1981 and the Conservation (Natural Habitats &c.) Regulations 1994 give special protection to a wide range of plants and animals, introduce penalties for disturbing their habitats and list notified species. Species listed in the Regulations are notifiable at the European level. Species protection is not confined to designated areas, but has to be taken into account where any planning application may affect them.

12.3.2 The UK Biodiversity Action Plan includes objectives to conserve, and where practicable enhance, a range of habitats and species. A Monmouthshire Local Biodiversity Action Plan has been prepared, helping to engage communities in the conservation and enhancement of biodiversity at the local level to achieve national goals. Additional protection (similar to that afforded to notified species but reflecting their more localised importance) will be afforded to habitats and species included in the national and local biodiversity action plans. The Monmouthshire LBAP is a material planning consideration.

12.3.3 Monmouthshire County Council supports the Welsh Assembly in its duty under Section 74 of the Countryside and Rights of Way Act 2000 to encourage others to take reasonable steps to further the conservation (including restoration or enhancement) of species and habitats identified by the Assembly as priorities for biological conservation.

12.4 WILDLIFE HABITATS AND POLLUTION

NC5 Planning conditions will be imposed or a planning obligation entered into on any development or use of land that by reason of likely discharge of chemical or other pollutant may have an adverse affect on existing recognised habitats, or may prejudice the creation of new habitats in surrounding areas.

12.4.1 In most cases pollution levels, which could damage wildlife habitats, are below the levels under which action can be taken through the Control of Pollution Act. The sensitivity of wildlife sites to sources of pollution must be taken into account in development proposals, and the advice of experts sought on the ameliorative measures required.

12.4.2 There may be situations where a development proposal some distance from a protected site could affect that site, for example by polluting water draining into the site. This policy is intended to give wildlife sites general protection against such adverse effects.

12.5 LANDSCAPE FEATURES OF MAJOR IMPORTANCE FOR WILD FLORA
AND FAUNA

NC6 Development that would have a significant adverse effect on the integrity or continuity of landscape features of major importance for the migration, dispersal and genetic exchange of wild species, will only be permitted if acceptable mitigation or compensatory measures are in place.

12.5.1 The Conservation (Natural Habitats &c) Regulations 1994 list landscape features which are of major importance to wild flora and fauna. These are features which by virtue of their linear and continuous structure act as ‘corridors’ or ‘stepping stones’ essential for the migration, dispersal and genetic exchange of wild species by linking areas of nature conservation interest. Landscape features may include river corridors, ponds, hedgerows, tree belts or stone walls. Features may also be of importance as refuges for rare or diminishing species.

12.5.2 The Council will expect to secure necessary mitigation measures and/or compensatory measures by the use of conditions or planning obligations as appropriate.