The UK has signed up to a number of international initiatives which deal with the protection of wildlife and its habitat, including Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora. The need to implement its obligations under these agreements together with growing public concern resulted in new legislation and guidance on nature conservation during Autumn 1994.
The Conservation (Natural Habitats & c.) Regulations 1994 (in force 30th October 1994)
The Regulations implement the 1992 Habitats Directive and include provisions which:
deal with the selection of European sites which are to be protected in accordance with the terms of the Habitats Directive or 1979 Wild Birds Directive; provide for the setting up of public registers of such sites and for the notification of nature conservation bodies, landowners and the European Commission; the use of management agreements between owners and occupiers and the relevant nature conservation body; restrict the operations that can be carried out without consent; confer compulsory purchase powers and the power to make byelaws on nature conservation bodies; set out species of plants and animals which are subject to special protection; and provide for the adaption of planning and certain other controls for the protection of European sites.
Planning Policy Guidance Note No 9 (PPG9) Nature Conservation (October 1994)
PPG9 explains how nature conservation considerations should be taken into account when planning applications are determined. It explains the way in which sites of special importance are currently classified and stresses that nature conservation may well be an important consideration outside these areas. It goes on to consider matters such as consultations with English Nature, the significance of a site being designated as an SSSI (Site of Special Scientific Interest), SAC (Special Area of Conservation) or SPA (Special Protection Area), the interrelationship with Minerals Planning Guidance Notes (MPGs) and the presence of protected species of animals and plants.
Gabrielle Highman, Solicitor, Environment Department.
The above is an extract taken from issue 10 of Environment Law Matters January 1995, published on behalf of Nabarro Nathanson.
Detailed specialist advice should be obtained before taking or refraining from any action as a result of the comments made in this article which are only intended as a brief introduction to the particular subject. Nabarro Nathanson is regulated in the conduct of investment business by the Law Society.
For additional information contact Kevin Wheeler, Nabarro Nathanson, tel 071 491 6982.
