TDLP PART 1 CHAPTER 6 - CONSERVATION

NATURE CONSERVATION

Nature Conservation and Biodiversity Action

6.62 In determining planning proposals, there is a need to take nature conservation interest into account. Important wildlife and earth science interests are identified through the biodiversity action planning, natural area profiling and river catchment planning processes.

6.63 The UK and Devon Biodiversity Action Plans (BAPs), English Nature's Natural Area Profiles, and the Environment Agency's local plans provide a strategic context for nature conservation in Torridge. The District Council will have regard to their implications where relevant. It recognises that:

• Statutorily protected species and habitats must be conserved as a priority
• Important sites and features must be protected against the adverse effects of development
• The quantity, quality, and diversity of wildlife sites and features must be sustained in the wider interest
• Important wildlife networks must be conserved in the interest of biodiversity
• Public access to nature conservation must be extended in the interests of education and sustainability.

The District Council's preferred approach is for the voluntary protection of valuable habitats and for the enhancement of sites and the provision of additional sites by persuasion. This requires environmental education. Statutory powers will be used only where necessary.

6.63A Torridge is within the Culm Natural Area and the Land's End to Minehead Maritime Natural Area. The headwaters of the Rivers Tamar and Torridge and their tributaries area a candidate Prime Biodiversity Area. Also, the coastal zone and the areas of Culm grassland (ie purple moor grass rush pasture) could be suitable for this status. The UK Biodiversity Action Plan (BAP) identifies priority habitats that merit conservation action.

6.63B The Structure Plan and relevant BAPs and assessments give emphasis to the retention and planting of broadleaved woodland, as this has particular nature conservation and landscape importance. The District Council supports this emphasis. It is a partner in the South West Forest Project, which aims to extend woodland cover in accord with the national forestry programme. In some cases, tree felling may be necessary in the interest of good management. Where notified, the District Council will continue to co-operate with the Forestry Authority and woodland owners and will seek the imposition of replanting conditions where appropriate. The planting of trees is encouraged to replace those lost through disease or felling and to improve the appearance of areas in general.

6.63C The LPA needs a policy framework within which to determine proposals for development consistent with the objectives for nature conservation, and to provide for the following:

(a) The protection of internationally and nationally important nature conservation sites and settings, so that the highest priority may be given to their conservation
(b) The definition of important local assets, so that they too may be protected and sustained where necessary
(c) The agreement of appropriate measures in the context of development, so that the integrity and coherence of important wildlife /habitat networks of features also may be sustained.

Conservation of Important Sites

6.63D The Structure Plan provides for the conservation of important sites and features. The Natura 2000 Network of European sites is important internationally. The network comprises Special Areas of Conservation (SACs), Special Protection Areas (SPAs), and Ramsar Sites. There are no SPAs or Ramsar Sites in the District. SACs contain features of European Community interest and may host priority habitats or species listed in the EC Habitats Directive. In Torridge, such priority types have not been notified. The European interest and conservation objectives recommended for those areas that are identified are contained in notification documents produced by English Nature. Candidate SACs (cSACs) are treated as designated for planning purposes. All terrestrial cSACs are SSSIs. The marine cSAC is also an MNR.

6.63E At the national level, particularly important areas are designated as Sites of Special Scientific Interest (SSSIs) within which special protection is given to important nature conservation features of interest. SSSIs are notified by English Nature as areas of special interest by reason of the flora, fauna, or geological, or physiographical features they contain. Information on the geological, geomorphologic, and biological interest of each SSSI and a list of operations likely to damage its features of special interest is contained in a citation sheet and schedule produced for the site by English Nature.

6.63F At the local level, the LPA may designate sites of local conservation importance to recognise that certain sites of nature conservation significance are of particular value. Also, subject to having an interest in the land, the District Council may declare a Local Nature Reserve (LNR) to preserve natural features of special interest, including public use for quiet enjoyment and appreciation, and to provide special opportunities for study and research of wildlife and the study of physical features of special interest.

6.63G There is a network of sites of local or county nature conservation significance, some of which are recognised as sites of local conservation importance. The Structure Plan provides for local plans to define sites and features of nature conservation importance. In the context of the UK BAP, the Devon BAP gives an indication of important habitat and species types. English Nature's natural area profiles give an indication of sites and features of importance. The Devon Biodiversity Record Centre (DBRC) coordinates a system of County Wildlife Sites (CWSs) and the Devon RIGS Group co-ordinates a system of County Geological Sites (CGSs). As yet, no such local wildlife sites have been selected in Torridge. However, the RIGS Group provisionally has selected a suite of Regionally Important Geological /Geomorphological Sites (RIGSs).

6.63H Survey is required to identify sites of significant conservation value and selections will be needed to identify local wildlife sites. No such local survey or selections have been conducted. Where sites of local conservation importance have been identified, there is a need to define the interest and to include sites that need to be defined on the Proposals Map. In the interim, where development is proposed and the conservation interest potentially is of local importance, an ecological assessment should be carried out.

6.64 Broadleaved woodlands form an important natural habitat in Torridge, in view of the diversity of flora and fauna they contain.

6.64A Ancient and small woodlands, Culm grasslands, lowland heath lands, rough grazing lands, wetlands, and other valuable habitats may have particular local nature conservation significance. Those ancient woodlands that remain are especially important. Information on important sites within Torridge may be found in English Nature's Devon Inventory of Ancient Woodland. Small woodlands comprise copses, spinneys, and orchards. The retention of such woodland areas also is encouraged, in view of their ecological and landscape significance.

6.64B The Prime Biodiversity Area is the most important area in the country for Rhôs pastures (ie Culm grasslands). Information on important sites within Torridge may be found in the Devon Wildlife Trust's Devon Culm Grassland Inventory. These and associated rough grasslands and fringing hedge, bank, verge, green lane, and woodland habitats are valuable habitats of at least local conservation interest.

6.64C There are inventories also for other priority habitats. Information on important lowland heathland sites within Torridge may be found in English Nature's Devon Lowland Heathland Inventory. Similarly, information on important lowland grassland sites other than Culm grassland (comprising species-rich meadow, calcareous grassland, mire, and dry acid grassland sites) may be found in English Nature's Devon Grassland Inventory. These also are valuable habitats of at least local conservation interest.

6.64D The Devon BAP identifies other valuable habitats and the natural area profiles may provide additional information that will facilitate further site identification. English Nature had intended to put ten national habitat inventories in place by 2005 and to establish an inventory of wildlife sites for each natural area.

6.64E On the basis of the information available, the District Council has not been able to identify all of the sites of local conservation importance. Once more comprehensive information is available, it may be added to in a SPD or in a review of the Plan. The inventory sites may be addressed in this way. The District Council will produce supplementary guidance on local nature conservation interests.

Policy ENV7: Protection of Important Nature Conservation Interests

(1) Development in or around a Site of Nature Conservation Importance as identified in Schedules 3 and 4, or likely to affect such nature conservation interests, will be expected to protect and, where possible, enhance the interests for which the site is identified, with regard to the strength of protection afforded by its conservation status; accordingly:

(i) Development will not be permitted if it is likely to harm the nature conservation value of a Special Protection Area, a Special Area of Conservation, or a Ramsar site; and

(ii) Development that would be liable to harm a Site of Special Scientific Interest will be permitted only if it can be subject to conditions that will prevent damaging impacts on wildlife habitats or important physical features, or if other material considerations are sufficient to override nature conservation considerations; and

(iii) Development that would be liable to harm the nature conservation value of a site of local conservation interest will be permitted only if the importance of the development outweighs the local value of the site.

(2) Where development is proposed and the conservation interest potentially is of at least local importance, a conservation assessment will be sought.

Schedule 3

DESIGNATED SITES OF NATURE CONSERVATION IMPORTANCE

Key to Symbols:

† Part of the Culm Grasslands cSAC, which is a multiple site comprising seven separate SSSIs: six in Torridge and one outside the Plan boundary.
[The cSAC includes Hollow Moor and Odham Moor SSSI, which abuts the District (at SS 470 015 in West Devon District)].

* The Lundy Marine cSAC and MNR extends inland to the Highest Astronomical Point of Tides and offshore over an area outside the Plan boundary. [It includes only about 40 ha within the District, comprising the intertidal zone, which overlaps the Lundy SSSI.]

• Part of the Tintagel - Marsland - Clovelly Coast cSAC extends outside the Plan boundary into North Cornwall District.

~ The precise area of some coastal SSSIs and of the estuary SSSI may vary, dependent upon the precise extent of the littoral.

° Significant errors in the areas notified have been corrected where verified by the digitised data supplied by English Nature. Where such digital estimates vary, the most accurate and latest available information is used.

‡ Part of the Dunsdon Farm SSSI is a National Nature Reserve (NNR).

^x The Northam Burrows SSSI overlaps marginally both with the Taw – Torridge Estuary SSSI (comprising a potentially variable area of about 29.3 ha common to both) and with the Westward Ho! Cliffs SSSI (including a potentially variable area of about 6.6 ha common to both).

⁺ The two areas of the Taw – Torridge Estuary SSSI are part of a single parcel that extends both below the Mean Low Water Mark of Tides in an offshore area outside the Plan boundary and also into North Devon District. Only about 203.2 ha lie within the Plan boundary, including the overlap with the Northam Burrows SSSI.

§ The Westward Ho! Cliffs SSSI extends below the Mean Low Water Mark of Tides in an offshore area outside the Plan boundary. About 28.7 ha lie within the Plan boundary, including the overlap with the Northam Burrows SSSI.

# The totals may differ from the sums, due to discrepancies between the sum of the site areas notified and the more precise total area of the various digital datasets supplied by English Nature. Overlapping areas have been estimated and obvious errors have been taken into account.

Schedule 4

SITES OF LOCAL CONSERVATION IMPORTANCE

Key to Symbols:

‡ The Kenwith Valley LNR and Kenwith sites (and areas) are mutually exclusive, to avoid dual designation.

* Part of a larger feature that extends into a SSSI identified in Schedule 4.

† Part of a larger feature that extends outside the Plan boundary into an adjoining District.

° The total may differ from the sum, due to statistical rounding.

6.65 The Schedules are part of the policy. The policy provides that the importance of the site will be assessed and permission will not be granted where development would have an unacceptable impact on important conservation interests. Protection is based on selective identification of important sites for their features and interests.

6.65A The policy recognises international and national conservation obligations and supports agreed conservation objectives. It gives effect to the designated sites policy of the Structure Plan, providing appropriate protection for a hierarchy of sites. Such sites are defined as the hierarchy of sites of nature conservation importance for wildlife or earth science purposes in the District, in the following order:

(1) The Natura 2000 Network of SACs (including the Lundy Marine cSAC)

(2) Sites of Special Scientific Interest (including the Dunsdon Farm National Nature Reserve) and the Lundy MNR

(3) Sites of Local Conservation Importance (including the Kenwith Valley LNR).

The first two levels of the hierarchy represent sites of international and national importance respectively. Such sites are statutorily designated. The policy tests for these sites are based upon not harming the integrity of the site and not conflicting with the conservation objectives of the site. The sites are set out in Schedule 4 of the policy. The third level includes the statutorily designated LNRs and other designations of local importance.

6.66 The policy provides that an important local interest, which has been identified, may be protected. Therefore the LPA has avoided double labelling national sites as local sites. More information about such interests may be included in the SPG.

6.67-6.69 [No text]

6.70 The Sites of Local Conservation Importance listed in Schedule 5 of the policy comprise nature reserves and other known sites of local importance that need to be defined on the Proposals Map. At this stage, it includes only those sites that have been identified, can be defined and need to be shown on the Proposals Map. Sites of ancient woodland, culm grassland and lowland heathland interest are defined in the inventories, which include location maps. Such sites have not been included. All of the sites have had some special significance identified in a nature profile, a BAP, or some other authoritative environmental audit. The SPG will explain the conservation interest of local conservation sites.

6.71 [No text]

6.72 Development will be required to provide protection or enhancement for important habitats and species. In particular, the retention of important features will be sought where development would be liable to harm the nature conservation value of a site.

6.73-6.76 [No text]

6.77 Local sites defined in the inventories or included in the schedule may be designated as CWSs or CGSs. The LPA considers such designations to be a material consideration in determining proposals that would result in harm to important conservation interests.

6.78 Both buildings and open land may have significant local conservation value. The policy provides a measure of protection to all valuable habitats. Hedgerows may be protected subject to statutory provision for the granting of a Hedgerow Removal Notice. The policy also protects other important habitat and features where there is an identified local conservation interest. Survey may identify additional locally important sites and areas. Environmental audits may be adopted as supplementary guidance and taken into account by the LPA as a material consideration. The aim will be to record significant, natural wildlife, habitat, and geological features and to use such information to enable appropriate local conservation designations. Such surveys may be carried out by local people with expert help, training, and funding and will be encouraged at Parish level.

6.78A Where a proposed development is liable to harm an important conservation interest, the LPA will seek an assessment of the conservation value of the site. An ecological or geological assessment may be sought as appropriate. Where development is likely to harm a significant conservation interest, the LPA will seek to impose appropriate mitigation measures.

Local Nature Reserves (LNRs)

6.79 LNRs are Sites of Local Conservation Importance. The District Council will target the establishment of LNRs close to urban residential areas subject to the negotiation of a reserve management agreement that makes provision for the following:

(a) The special nature conservation interest to be maintained or enhanced with regard to identified conservation objectives
(b) The use for nature conservation or study and research purposes to be a management priority
(c) The level of public access to be managed.

6.80 The District Council intends to develop a programme of LNR designations based on the following:

• The best representative examples of the main habitat types in the District
• The opportunity for ready access to residents
• The potential benefits of local authority management
• A target standard of provision of one hectare of accessible natural greenspace per 1,000 population.

The programme will require funding.

6.81-6.82 [No text]

Important Wildlife Corridors

6.83 The Structure Plan provides that the wildlife network needs to be protected against the adverse effects of development in the interest of nature conservation. The wildlife network comprises the following:

• Sites of nature conservation importance
• Features of major importance for flora and fauna (important wildlife corridors)
• The wider countryside.

The Plan must take account of the need to protect the integrity of important corridors where necessary and as may be identified in relevant surveys. The migratory nature and ecosystem dependency of wild flora and fauna within each distinctive countryside character area (Culm, Lundy, and Maritime) is recognised.

6.84 [No text]

6.85 Important wildlife corridors include features that act as stepping-stones. Stepping-stones are natural spaces within the ecosystem and along migratory routes, which collectively are essential to sustain the necessary movement of species. Corridors more often are continuous features that facilitate the movement of land and water based species. An extensive network of such links is required to provide for biodiversity, including for the following:

• The evolution of natural ecosystems
• The continuity of species through genetic exchange
• The maintenance of species diversity.

6.86 The predominantly pastoral landscape of the District has a rich network of wildlife habitats and associated landscape features that together support a wide range of wildlife of conservation interest and importance.

6.86A The river systems in the plan area support wildlife of national conservation importance. In addition, the Atlantic coastal and occasional inland woodland and parkland systems are of national and European importance.

6.86B The fragmentation or disturbance of ecosystems and the severance or restriction of wildlife corridors affects wildlife. In particular, rivers, valley woodlands, hedgerow systems, and transport routes are significant as wildlife corridors. Other landscape features essential for the migration, dispersal, and genetic exchange of species may include important field, field boundary, pond, and woodland systems. Trees, copses and spinneys, lakes, ponds, and reservoirs also are of potential interest as stepping-stones. There is no need to protect them all, but the District Council believes that:

• Important links can be identified and protected; and
• A healthy network of ecosystems should be sustained; and
• The impact of countryside management activities needs to be monitored.

It will support the linkage and extension of important wildlife sites as an objective.

6.86C Important corridors may be identified in association with the UNESCO Biosphere Reserve, the core area of which is located outside the plan area at Braunton Burrows in North Devon District. A notional transition zone extends around the Torridge Estuary and along the Torridge coastline. Survey work will be needed to help identify local corridors and to define the important corridors more fully.

Policy ENV9: Important Wildlife Corridors

(1) Development within the Important Wildlife Corridors shown on the Proposals Map, or which may affect such links adversely, will not be permitted unless:

(a) there is a need or a benefit that outweighs the nature conservation interest and adequate measures can be put in place to mitigate the adverse effects; and

(b) any areas or significant features lost are replaced with resources agreed to be of at least equivalent nature conservation value; and

(c) management provisions will establish the maintenance of affected resources.

(2) Where planning permission is granted for development that might affect an Important Wildlife Corridor adversely, the Local Planning Authority will seek to secure appropriate corridor management.

6.87 [No text]

6.88 The policy relates to important corridors that have been identified in English's Nature's natural area profiles. It protects their integrity. The LPA will safeguard important links where necessary in the interest of biodiversity. Direct planning control over agricultural and countryside management practices is limited but the LPA will seek the conservation of important features through advice and encouragement and the control of those operations that are subject to planning consent.

6.89 Development will not be appropriate without adequate mitigation measures that safeguard important wildlife links. Wherever practicable, development on sites that contain culverted watercourses shall provide for the restoration of open channels as wildlife areas.

Mitigation and Enhancement for Nature Conservation

6.90 Policy is needed to maintain and enhance the conservation interest of important sites, areas, features and corridors affected by development. The approach needs to reflect the strategic policy framework so that development is obliged to implement detailed conservation measures where appropriate. Conservation management actions that are not necessitated directly by development will be promoted through the local biodiversity planning process, in partnership with others.

Policy ENV10: Mitigation and Enhancement

(1) Measures required to mitigate the adverse impact of development that affects an important nature conservation interest shall:

(a) provide adequately for habitat and species mitigation at a level and in a manner consistent with the loss or disturbance; and

(b) conserve important features in situ where practicable.

(2) Mitigation and enhancement measures will be negotiated and agreed on the basis of:

(a) the levels of habitat and species protection that apply by virtue of site status and statutory protection; and

(b) the local biodiversity characteristics and conservation objectives for the area.

6.91 Where mitigation and enhancement are necessary with reference to conservation interest, the policy provides for measures that will retain the abundance and variety of significant and important features of substantive interest.

6.92 Important nature conservation features will be protected. Wherever appropriate to the location, the required measures may include the following:

• Native tree planting along main road corridors and at gateways to settlements
• Woodland planting in association with key employment sites for screening and landscape purposes
• Landscape reinforcement in association with development that locates in or adjoining the countryside
• Urban tree planting in association with significant urban development
• Appropriate boundary treatment comprising traditional Devon banks, hedgerows, and hedgerow trees on sites that adjoin either the open space network or the countryside
• Wildlife areas within urban open space, where the opportunity arises in association with significant new development
• Owl boxes within building conversions in the rural area.

The LPA will have regard to the established landscape priorities and it will take into account the findings of ecological audits and surveys.

6.93 Site establishment, management, and after-care will be important considerations. Assistance may be available through various environmental schemes. Where landscape elements are necessary as an integral part of the development, the LPA may impose land management requirements.

6.94 The District Council encourages environmental improvement schemes and proposals that assist with the implementation of landscape priorities will be considered favourably. In appropriate cases, the LPA encourages the treatment of vacant, derelict, or degraded land and the clearance, rehabilitation, improvement, and landscaping of neglected, unsightly, or underused land and buildings.

6.95 Development on greenfield sites will reduce the amount of natural greenspace. The policy is not intended to provide for mitigation of such features unless the identified nature conservation interest of the site is important. Appropriate measures will be sought commensurate with the scale of the loss.

^ Top | < Previous | Next >