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Protected sites and development
Protected sites and development
If you are developing in or near a site designated for nature conservation, this page summarises the different types of designation and implications for planning:
UK Designated Sites for Nature Conservation
The types of designated sites for nature conservation that can be found in the UK are given the tables below.
Wales: The location of internationally and nationally designated sites in Wales can be found by accessing an on-line geographical information system or by contacting CCW. These sites, together with county and locally designated sites, can usually be found in local plans or by contacting the local planning authority.
Table 6: UK Designated Sites
Site Type | International Protection | UK Protection | Protection Type | Description |
Ramsar Sites | Ramsar Convention | Habitats Regulations (by policy), Wildlife & Countryside Act and CRoW Act | Statutory  | Wetlands of international importance supporting wildfowl and other important species. |
Special Protection Areas (SPAs) | Birds Directive | Habitats Regulations, Wildlife & Countryside Act and CRoW Act | Statutory | Sites that support rare, vulnerable or large numbers of regularly occurring migratory bird species. SPAs are part of a network of European sites known as Natura 2000. |
Special Areas of Conservation (SACs) | Habitats Directive | Habitats Regulations, Wildlife & Countryside Act and CRoW Act | Statutory | High-quality conservation sites which make a significant contribution to conserving habitats and species threatened in Europe as a whole. Part of the Natura 2000 Network. |
| Sites of Special Scientific Interest (SSSIs) | None, unless also designated Ramsar, SPA or SAC | Wildlife & Countryside Act and CRoW Act | Statutory | Representative samples of British habitats forming a national series aimed at maintaining the present diversity of wild plants and animals in Great Britain. |
| National Nature Reserves (NNRs) | None, unless also designated Ramsar, SPA or SAC | National Parks and Access to the Countryside Act 1949;Â Wildlife & Countryside Act and CRoW Act | Statutory | Areas managed for study or research into flora, fauna, geological or physiographical interest, or for preserving features of special interest. Owned or leased by Natural England, bodies approved by them, or managed under agreement with landowners/occupiers. |
| Local Nature Reserves (LNRs) | None, unless also designated Ramsar, SPA or SAC | National Parks & Access to the Countryside Act 1949; Local planning documents and policies | Statutory | Concentrated in or around urban areas where a policy of using LNRs to promote conservation education has been pioneered. LNRs have local as opposed to national importance for nature conservation and the local authority must consult with the relevant SNCO before designation. |
| Marine Conservation Zones (MCZs) | None, unless also designated Ramsar, SPA or SAC | Marine and Coastal Access Act 2009 | Statutory | Designated to protect areas of national importance for biodiversity within the marine environment. |
| County Wildlife Sites and other local designations | None, unless also designated Ramsar, SPA or SAC | Local planning documents and policies | Non-Statutory | Sites designated by Local Planning Authorities. They can be of significant value for nature conservation, especially in urban areas, although they do not have the legal protection afforded by statutory designations described previously. The term ‘Local Sites’ is now most commonly used for such sites. |
Statutory Sites
Sites with a statutory designation for nature conservation are legally protected and development within or near them is strictly controlled.
Development affecting Ramsar Sites, Special Areas of Conservation (SACs) and Special Protection Areas (SPAs)
Local planning authorities (or other ‘competent authority’) must determine whether any proposed development is likely to have a significant effect on a Ramsar or Natura 2000 site unless the development is a ‘permitted development’ and Natural England:England/CCW:Wales has agreed that the development is unlikely to have a significant effect on the designated site. The development does not need to be located within the designated site to have a significant effect.
In determining whether a development is likely to have a significant effect, the local planning authority must consider the development alone and in combination with other plans or projects. The nature and scale of the development will be important considerations, as well as its proximity to the designated site. As well as direct effects, such as habitat loss, indirect effects, such as pollution or increased visitor numbers, must also be considered.
If the development is considered likely to have a significant effect on the site, the local planning authority must undertake an Appropriate Assessment to determine whether the development is likely to adversely affect the designated site.
In carrying out the Appropriate Assessment, the local planning authority should identify the effects of the proposal on the habitats or species of international importance, and should conclude whether the proposal, as modified by conditions or restrictions, would adversely affect the ecological integrity of the designated site. During this process, the planning authority would usually consult Natural England:England/CCW:Wales, as well as the general public.
The local planning authority can only agree to the plan or project if:
- it will not ‘adversely affect the integrity of the site concerned’ (Article 6 (3)). ‘Integrity’ is defined as the ‘coherence of ecological structure and function, across a site’s whole area, that enables it to sustain the complex of habitats and/or the levels of populations of a species for which it was classified’.
- there is no alternative solution and there are ‘imperative reasons of overriding public interest, including those of a social or economic nature’ (Article 6 (3)). In such a case, compensatory measures must be taken to ensure the overall coherence of the Natura 2000 network.
Throughout this process the onus is on the developer to provide the information for the Appropriate Assessment. In practice, it is normal to appoint a consultant to undertake the assessment for consideration by the local planning authority.
Development affecting Sites of Special Scientific Interest (SSSIs) and National Nature Reserves (NNRs)
Proposed developments of the types listed in the EIA Regulations that fall within a SSSI (including all NNRs) require an Environmental Impact Assessment, regardless of the size of the development, before planning permission can be granted.
For all developments (including those that fall outside the EIA Regulations) that require planning permission and may affect a SSSI, the local planning authority must consult with Natural England:England/CCW:Wales while it is considering the application for planning permission. This also applies to developments that fall within a defined consultation area around a SSSI. The consultation area is normally within 500m but may extend 2km or more from the SSSI boundary for certain kinds of development.
Local planning authorities have a statutory duty under Section 28G of the Wildlife and Countryside Act to not only avoid damage to SSSIs but to further their conservation and enhancement. In addition, it is National Government planning policy that planning permission should not normally be granted for proposed developments on land inside or outside a SSSI if the development is likely to have an adverse effect on the SSSI (either individually or in combination with other developments). This legislation and policy mean that planning permission is unlikely to be granted for developments that damage SSSIs.
An exception will only be made where the benefits of the development at this site clearly outweigh both the impacts that it is likely to have on the features of the SSSI that make it of special scientific interest and any broader impacts on the national network of SSSIs. When this is the case, the LPA must notify Natural England:England/CCW:Wales of its decision and allow sufficient time for Natural England:England/CCW:Wales to respond before works begin on site.
To protect SSSIs from operations outside the scope of planning controls, owners and occupiers are required to notify Natural England:England/CCW:Wales if they wish to carry out work that may damage a SSSI or if they are considering authorising others to do so. It should be noted that this applies to operations both within and outside the SSSI that may affect the feature or features of interest. For permitted development affecting SSSIs, developers must either obtain consent from Natural England:England/CCW:Wales or apply for planning permission from the LPA in the normal way. Note that all Ramsar and Natura 2000 sites are also SSSIs and are subject to the protection outlined above as well as specific protection under the Habitats Regulations.
Development affecting Local Nature Reserves (LNRs)
Local Nature Reserves usually receive protection from development via local planning documents. In general, the policies aim to resist development which would adversely affect Local Nature Reserves. Some LNRs also have SSSI status and would be protected by the same legislation and policies, while others may have Local Site status and may be further protected from development via the local planning documents.
Non-Statutory Sites
Local Sites receive some protection from development via local planning documents which recognise the need to protect and enhance designated sites and those of interest without a statutory designation. In general, the policies aim to resist development which would adversely affect sites of ecological or geological importance. However, where damage is unavoidable, the approach taken is to seek minimisation of any harm and recreation or replacement, as appropriate, through the use of planning conditions or agreements attached to any planning permission granted.
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