Defra are undertaking a review of the implementation of Habitats and Wild Birds Directives, with a specific focus on their impact on proposed developments.
Review Background
Through the Autumn statement BIS announced a review of the implementation of the EU Habitats and Wild Birds Directives focusing in particular on those obligations that affect the authorisation process for proposed development, with a view to reducing the burdens on businesses while maintaining the integrity of the purpose of the Directives. Defra, at the recent stakeholder event made the point that there were a very few high profile cases where the Habitats Directive had prevented development, so there is not such a big issue. Defra quoted that Natural England (NE) had been consulted on land use only in 4% cases had NE raised an objection and of these in 16% of cases NE had serious concerns/ refusal.
Recommendations from the review are due to be announced in the budget on 21st March.
Full details of the review, including the Terms of Reference can be found on the Defra website.
Habitats & Wild Birds Directives
The Directive established protection of sites and species so controls causing hassle may again be related to proximity to sites or impact on species. Protected sites are Special Areas of Conservation (SACs) under the Habitats Directive and Special Protection Areas (SPAs, often SSSI’s in the UK) under the Birds Directive. There are currently 251 SACs and 84 SPAs in England, covering about 6% of land and 24% of inshore waters. Protected species includes (examples, not full list):
• Animals: Bats, Horseshoe (all species), Bats, Typical (all species), Common Otter, Great crested newt, Natterjack Toad, Sand Lizard and Smooth Snake
• Plants: Creeping Marshwort, Early Gentian, Fen Orchid, Floating leaved water Plantain, Killarney Fern, Lady's Slipper, Shore Dock, Yellow Marsh Saxifrage and Slender Naiad
The Habitats Directive is implemented via the Conservation Regulations in England and Wales, so there may be evidence of problems associated with either ‘tag’ attached.
Input Required
Defra are requesting input against six work-streams – data & evidence, process, legislative interpretation, communication & awareness, capacity building, and EU & devolved implementation. Given the short timescales NFU will focus its response on issues directly affecting farmers:
• Disproportionate impact on development proposals: Examples of problems where development has been delayed due to the protection of a species or sites. This could manifest itself in terms of costly environment surveys required by the member before permission is granted or time taken to undertake the survey delaying the development substantially i.e. delays to capture breeding season of said species.
• Compensatory Habitats – These are developed to replace the lost habitat/ site, before that loss occurs. They often take a much larger area of undesignated land (i.e. farmland) than the original habitat with minimal compensation rates.
• Communication – Where the directive is being implemented and the farmer has been impacted, has the communication and purpose been clear?
The NFU response will be developed over the next week as Defra are seeking input by early February. Members wishing to make an input can do so through their Regional Environment Adviser or submit evidence directly to the Defra review team - email HDimplementationreview@defra.gsi.gov.uk
- Roxy - 02/02/2012
One area of concern we have with birdlife is dogs off leads rooting about in undergrowth. We have noticed that skylarks have moved away from footpath areas where they have always been. One dog owner freely admitted his dog picks up ground nesting bird chicks, but he is not going to change his habits of running his dog off a lead. What can you do....