Sites of International Importance
Policy NE4
Sites of international nature
conservation importance are subject to the highest levels of
protection due to their contribution to the European Community-wide
network of key habitats. Development proposals within or affecting
such sites will only be permitted if it can be demonstrated that
they will not affect the nature conservation value or integrity of
the site or, where adverse impact will result, if there is no
alternative site for the development and imperative reasons of
overriding public benefit can be demonstrated. Where development is
permitted the Council will by planning conditions and/or agreements
seek to minimise harm to nature conservation interests and, where
appropriate, provide alternative habitat.
2.14 Planning Policy Guidance Note 9 provides
guidance on the protection of sites of international nature
conservation value which Policy NE4 seeks to apply in the local
context. Within Eden there are a number of Sites of Special
Scientific Interest the international importance of which is
signified by notification as a proposed Special Protection Area or
Special Area for Conservation. Such areas include an extensive
tract of the North Pennines Moors, areas of limestone pavement and
upland herb rich meadows (see
Appendix One
for list). PPG9 makes it clear that development likely to adversely
affect the nature conservation value of such areas should only be
permitted in the most exceptional circumstances. Strict tests are
set out in PPG9 against which development proposals affecting a
proposed or designated Special Protection Area or Special Area of
Conservation must be measured. These are based on Article 6 of the
Habitat Directive and the Associated Conservation (Natural Habitats
Etc) Regulations 1994 which detail the duties of local authorities
in providing special protection to EU sites (see PPG9 Annex C). In
particular, where a site hosts a priority natural habitat or
species, it is indicated that development will only be permitted if
it can be demonstrated to be necessary for reasons of human health
or public safety.
Sites of National Importance
Policy NE5
Development proposals likely to have an
adverse impact either directly or indirectly on the nature
conservation value of sites of national nature conservation
importance will only be permitted if the harm caused to nature
conservation interests is clearly outweighed by the need for the
development to take place in the location concerned. Where
development is permitted the Council will by planning conditions
and/or agreements seek to minimise harm to nature conservation
interests and, where appropriate, provide alternative
habitat.
2.15 The Structure Plan, in Policy 17,
establishes a context for the consideration of proposals likely to
impact on areas of nature conservation importance including, in
Eden, Sites of Special Scientific Interest, National Nature
Reserves, Limestone Pavement Order areas and sites identified as
being of national importance under the Nature Conservation
Review/Geological Conservation Review (see
Appendix Two
for list). A majority of the sites concerned have been designated
as Sites of Special Scientific Interest, in recognition of their
biological interest, although some are designated due to their
geological interest. In addition, Eden contains a substantial part
of the national resource of limestone pavement which is of interest
for physio-graphical reasons and also for the very specialised
flora which is supported. This resource includes examples which are
amongst the best in the world and are the subject of Limestone
Pavement Orders prohibiting the removal or disturbance of
limestone. Having regard to the great value of the areas concerned,
which contribute to maintaining the biodiversity of the region, it
is important that they be protected from the adverse impacts of
development. An exceptional justification would be required for the
loss of any part of a designated area, for example, to facilitate
development which would provide substantial social or economic
benefit and which cannot be carried out in any less damaging
location. Where such development is permitted, proposals should
include measures to mitigate any harm which may result.
Sites of Regional Importance
Policy NE6
Development proposals likely to have an
adverse impact either directly or indirectly on sites of regional
nature conservation importance, including those identified during
site evaluation in relation to specific development proposals, will
only be permitted if the need which justifies the development
outweighs the resultant harm to nature conservation interests.
Where development is permitted the Council will by planning
conditions and/or agreements seek to minimise the harm to nature
conservation interests and, where appropriate, provide alternative
habitat.
2.16 Planning Policy Guidance Note 9 identifies
the importance of protecting areas of regional and local nature
conservation value which, while they lack statutory protection,
make an essential contribution to the achievement of sustainable
objectives including the maintenance of habitat and species
diversity. In Eden such areas include sites notified as County
Nature Sites, Local Nature Reserves and Regionally Important
Geological and Geomorphological Sites (see
Appendix Three
for list) together with the corridors formed by rivers and streams.
Policy NE6 seeks to ensure that these and other sites of nature
conservation value which may be identified in response to
development proposals will only suffer loss or damage following the
evaluation of the need for a particular development and an
assessment of the likely impact. Only where the need outweighs
impact will consent be granted for development to proceed.
2.17 In addition to protecting such sites the
Council will, wherever possible, support measures which seek to
secure their positive management for nature conservation purposes
in order to preserve and enhance the range of habitats
traditionally found in the area and the overall quality of the
environment. In the light of increasing interest in the nature
conservation value of parts of the District, and the development
pressures faced by the area, the Council will seek to prepare a
nature conservation strategy for the District in consultation with
interested amenity bodies.
Protected Wildlife Habitats
Policy NE7
In evaluating proposals, including those
for the reuse or redevelopment of existing buildings, the Council
will have regard to the need to protect species identified in
Schedules 1, 5 and 8 of the Wildlife and Countryside Act 1981 (as
amended). Where development is permitted which may have an effect
on such species the Council will by planning conditions and/or
agreements seek to facilitate the survival of the population
concerned, minimise disturbance and, where appropriate, provide
alternative habitat.
2.18 Traditional and redundant or underused
buildings are known to provided a habitat for many species
including some such as owls and bats which are endangered and enjoy
statutory protection. The preparation of any development scheme
involving buildings where this may be the case must, by making
provision to accommodate nest or roost sites, have regard to the
relevant statutory obligations.
