• Biodiversity action plans
• Wildlife law and policy
  • International Conventions and Directives
  • European Community Directives
  • National Law and Regulations
  • Planning Legislation
  • Animal Welfare Legislation
• Recent developments: legislation & policy
  • Current progress: England
  • The TEEB Report
  • Legislation: planning
  • Environmental liabilities: Wales
  • Environmental liabilities: England
  • European Protected Species Licences: England
  • Habitat Regulations
  • Wildlife and Countryside Act
  • Marine and Coastal Access Act
  • Biodiversity Duty under NERC
• Planning guidance: England
• Planning guidance: Wales
• Case law
  • Morge case
  • Woolley ruling
  • Dilly Lane
  • Cornwall ruling
• Regional & local planning policy
• Biodiversity enhancement
• Protected sites and development
• Protected species and development
• Licensing
• Biodiversity action plans
• Ecological surveys
  • Habitat survey
  • Species surveys
• Mitigation and enhancement

Biodiversity action plans

Plans and implications:

• The UK Biodiversity Action Plan
• Local Biodiversity Action Plans
• Biodiversity Action Plans and Development
  • England
  • Wales

The UK Biodiversity Action Plan

The UK Biodiversity Action Plan (UKBAP) was originally published in 1994.  Following a systematic review, the list of species and habitats given priority in the action plan was increased to 65 habitats and 1149 species in 2007 (‘the 2007 list’).  One hundred and twenty three of the species were also removed from the original list of UKBAP priorities.  The new list was approved by ministers in August 2007.

Species

Many of the species listed in the UKBAP are rare and occur mainly in designated sites.  However, there are also many widespread but declining species included, such as several common bird species (e.g. house sparrow, starling, dunnock, skylark, bullfinch and song thrush), all native reptiles (e.g. common lizard, slow worm, grass snake and adder), several bat species (e.g. noctule, soprano pipistrelle and brown long-eared) and several other mammals (e.g. hedgehog, harvest mouse, water vole and otter).

Habitats

Similarly, most of the habitats listed in the UKBAP have a restricted distribution occurring mainly within designated sites.  However, some occur more widely such as hedgerows, lowland mixed deciduous woodland, open mosaic habitats on previously developed land (i.e. brownfield sites), ponds, reedbeds and traditional orchards.  These may occasionally be present on development sites.

[back to top]

Local Biodiversity Action Plans

One of the key recommendations of the UKBAP was that Local Biodiversity Action Plans  (LBAPs) were needed to complement the national initiative.  These have two broad functions:

• To ensure that the national action plans are put into practice at the local level.
• To establish targets and actions for species and habitats characteristic of each local area.

The species and habitats listed on LBAPs may be different from those listed on the UKBAP and may differ between areas.  Many national priority species and habitats occurring in the local area will be listed on the LBAP along with targets that are linked to national priorities.  Additionally, species and habitats that are not listed on the UKBAP may be listed in LBAPs, if for instance they are abundant and widespread in the UK but are infrequent in the local area.  The badger is a good example of this, as in places where badgers are less common (such as in urban areas) they may be considered of local nature conservation value and be listed on the LBAP even though this species is not of national conservation concern.  For each LBAP a number of organisations may be involved in working towards the targets for the species and habitats listed in that plan. These may include government agencies, local authorities and wildlife trusts or even utility companies and individuals.

[back to top]

Biodiversity Action Plans and Development

A commitment to conserving wildlife can be shown by taking UKBAP and LBAP species and habitats into consideration when planning the layout and timing of development.  By avoiding negative impacts at the outset, it is not only wildlife that benefits.  Time and money is saved by planning for wildlife early on and there is also the opportunity to create some good will by actively demonstrating commitment to conserving and protecting wildlife.  There is often the opportunity to play a role in achieving local and national targets set out in the UKBAP and LBAPs by incorporating habitat creation and enhancement into the proposals.  Country specific implication for development are detailed below.

England:

The 2007 UKBAP list has also been used by the Secretary of State as the basis for the list of Species and Habitats of Principal Importance for the purpose of Conserving Biodiversity under Section 41 (hereafter referred to as the S41 list) of the Natural Environment and Rural Communities Act (NERC).  The S41 list includes all of the habitats and species on the 2007 UKBAP list which actually occur in England.  In addition, the hen harrier, which is not a priority species in the UKBAP has been added to the S41 list to promote continued conservation action.  This gives a list of 56 habitats and 943 species.  S41 of the NERC Act compels the Secretary of State (in consultation with Natural England) in addition to take steps to further the conservation of these species and habitats or promote the taking by others of such steps.

Government planning policy set out in Planning Policy Statement 9 states that:
“Other species have been identified as requiring conservation action as species of principal importance for the conservation of biodiversity in England.  Local authorities should take measures to protect the habitats of these species from further decline through policies in local development documents.  Planning authorities should ensure that these species are protected from the adverse effects of development, where appropriate, by using planning conditions or obligations.  Planning authorities should refuse permission where harm to the species or their habitats would result unless the need for, and benefits of, the development clearly outweigh that harm.’

And it also states that:
“local authorities should … conserve other important natural habitat types that have been identified ….as being of principal importance for the conservation of biodiversity in England, and identify opportunities to enhance and add to them”.

PPS9 still refers to Section 74 of the Countryside and Rights of Way Act.  However, this has now been superseded by the S41 list and the statement above should be taken to refer to this.  Presumably PPS9 will be updated in due course to reflect this change.

Local planning authorities (and other public bodies) have a duty to have regard for the purpose of conserving biodiversity under the Natural Environment and Rural Communities Act 2006.  Government guidance is that they should make reference to the Section 41 list when implementing the duty, which reinforces the policy that planning authorities should consider and protect Biodiversity Action Plan priority species and habitats when making planning decisions.

Species and habitats listed in LBAPs are also a material consideration for the local planning authority in determining planning applications.  In London, this is set out in the Mayor’s Biodiversity Strategy.  Outside London, it is government policy that LBAPs are incorporated into Community Strategies prepared under the Local Government Act 2000.  In addition to the above, the current Local Plans, and the emerging Local Development Frameworks, may have policies that refer specifically to UKBAP and LBAP priority species and habitats.

The local authority should therefore take into account UKBAP and LBAP priority species and habitats, and the S41 list when planning permission is sought for a development.  The local authority should expect you to demonstrate that you have taken into consideration the impact your development will have on local wildlife and taken appropriate measures to avoid or minimise damage to those species and habitats that appear on the UKBAP and LBAPs as well as those that are specifically protected by law.

An opportunity to play a role in achieving local and national target might be, for instance, if a balancing pond is to be constructed at a site.  Through sensitive planting of native species and the creation of an area of reed bed the pond site would contribute to the UKBAP target for this habitat, which is: 'to create 1,200 ha of new reed bed on land of low nature conservation interest by 2010’.  At the time of print the target had not yet been updated.

[back to top]

Wales:

The 2007 UKBAP list has been used as the basis for the list of Species and Habitats of Principal Importance in Wales under Section 42 (hereafter referred to as the S42 list) of the Natural Environment and Rural Communities Act (NERC). The S42 list includes all of the habitats and species on the 2007 UKBAP list which actually occur in Wales.

In addition, 35 species and 2 species communities (lichen communities) which are not in the UKBAP have been added to the S42 list to promote continued conservation action.  This includes species such as the common pipistrelle, hen harrier, kestrel and black-headed gull.  In total the S42 list includes 54 habitats, 536 species and 2 species communities.  S41(3) of the NERC Act compels the Welsh Assembly Government (in consultation with CCW) to take steps to further the conservation of these species and habitats or promote the taking of such steps by others.

Local planning authorities (and other public authorities) have a duty to have regard for the purpose of conserving biodiversity under the NERC Act 2006.  Planning Policy Wales (2011) reinforces the commitment the Welsh Assembly Government has to promoting habitat and species action plans relevant to Wales prepared under the UKBAP, stating that the planning system should promote ‘approaches to development which create new opportunities to enhance biodiversity, prevent biodiversity losses, or compensate for losses where damage is unavoidable.’

Species and habitats listed in LBAPs are capable of being a material consideration for the local planning authority in determining planning applications. 

Actions from LBAPs may also be incorporated into Community Strategies prepared under the Local Government Act 2000 (see Community Strategy Advice Note on the Environment, Welsh Assembly Government 2010).

In addition to the above, local development plans may have policies that refer specifically to the UKBAP and LBAP priority species and habitats.  The local authority should therefore take into account UKBAP and LBAP priority species and habitats, and the S42 list when planning permission is sought for a development.  The local authority should expect you to demonstrate that you have taken into consideration the impact your development will have on local wildlife and taken appropriate measures to avoid or minimise damage to those species and habitats that appear on the UKBAP and LBAPs, as well as those that are specifically protected by law.

An opportunity to play a role in achieving local and national target might be, for instance, if a balancing pond is to be constructed at a site, sensitive planting of native species and creation of an area of reed bed would contribute to the target to create 25ha of new wet reedbed in Wales by 2015 (there are also county specific targets for each BAP habitat).

[back to top]