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LBP logoBiodiversity law

National and international legislation, local and national planning guidance is in place to help protect biodiversity.

This is a quick introduction to the main legislation, designations and planning guidance relevant to biodiversity in London.

 

Planning

Designations: UK & London

Designations: European & International

Protected Species

Laws and Conventions


Planning

Policy Planning Statement, PPS 9:
Biodiversity and Geological Conservation

  • The essential tool for planning officers making decisions which could impact on certain species and on biodiversity in general.
  • Sets out how planning applications for developments on or close to protected areas, such as sites of special scientific interest or important habitats, should be treated.
  • One of the key principles: 'The aim of planning decisions should be to prevent harm to biodiversity and geological conservation interests ... If significant harm cannot be prevented, adequately mitigated against, or compensated for, then planning permission should be refused'.
  • Includes provisions for legally protected and UK Biodiversity Action Plan priority species and habitats. Planning decisions must take these species into account. PPS9 also specifically mentions ancient woodlands as a material consideration in planning.
  • Includes a template for local planning authorities to prepare a customised version for inclusion in their local planning application requirements; and practical means by which an LPA can implement the requirements of PPS9 (ODPM circ 06/2005).

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The London Plan

  • The London Plan sets the strategic context for open space planning, based on protecting and promoting a network of open spaces throughout London.
  • BAP species are also recognised in the London Plan: 'The Mayor will and boroughs should resist development that would have a significant adverse impact on the population or conservation status of protected species or priority species identified in the London Biodiversity Action Plan and borough BAPs.'

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Designation: UK & London

Sites of Special Scientific Interest (SSSI):

Legislation
Designated by Natural England under NPACA - the National Parks and Access to the Countryside Act (1949), amended under Wildlife and Countryside Act (1981) and CRoW Act (2000).
Responsibility
Land owner or manager in consultation with Natural England.
Priorities
SSSIs represent the UK's most important sites of biological or geological (or mixed) interest.
Protection
SSSI protection has increased with successive legislation. It is an offence to recklessly or intentionally damage an SSSI or disturb animals and birds on it. Owners and managers must give notice to Natural England before carrying out an 'operation likely to damage the special interest feature(s) of the SSSIs. Where owners/managers refuse to manage a site, Natural England can actively manage the site and reclaim the costs, although this rarely happens.
London SSSIs
There are 36 SSSIs in London. Details can be found on Natural England's website. All the London SSSIs are included within Sites of Metropolitan Importance for Nature Conservation.

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Local Nature Reserves (LNR)

Legislation
Designated by local authorities under NPACA - the National Parks and Access to the Countryside Act (1949).
Responsibility
The local authority must have a 'legal interest' in the land.
Priorities
LNRs are normally greater than 2 hectares in size and of local interest. Managed with conservation, opportunities for access and research in mind.
Protection
LNRs are a material consideration in planning. Local authorities have a considerable amount of control over what does and doesn't happen there.
London LNRs
There are 136 LNRs in London
For further information contact
Relevant local authority, or Natural England

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National Nature Reserves (NNRs)

Legislation
Designated under NPACA - the National Parks and Access to the Countryside Act (1949).
Responsibility
NNRs are managed, by Natural England, on behalf of the nation.
Priorities
NNRs are established to protect the most important areas of wildlife habitat and geological formations in Britain, and as places for scientific research.
 
London NNRs
There are two NNRs in London, Richmond Park and
Ruislip Woods.

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Sites of Importance for Nature Conservation (SINC or SNCI):

Legislation
Non-statutory designation. Identified and designated by Greater London Authority (GLA)
Priorities
Chosen to represent the best wildlife habitats also of good access value for people.
Protection
Sites are classified into Sites of Metropolitan Importance, Borough and Local Importance for Nature Conservation. Although not a statutory designation, SINCs are given some protection under the London Plan, in borough unitary development plans and local development frameworks.
London sites:
There are about 1,500 SINCs in London. Explore them on Wildweb
Further information about SINCs and the London Wildlife Sites Board is on the
Greater London Authority website

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Designations: European & international

Natura 2000

Natura 2000 is an EU-wide network of nature conservation sites established under the Habitats Directive (1992).

Natura 2000 comprises SACs - Special Areas of Conservation and SPAs - Special Protection Areas.

Responsibility
Designated by each member state.
Protection
Natura 2000 sites are protected by a series of very strong tests. The onus is on protection, not compromise. All Natura 2000 sites are also SSSIs.

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Special Areas of Conservation (SAC):

Legislation
Designated under the Habitats Directive (1994) in Europe, and Habitats Regulations (Conservation (Natural Habitats, &c.) Regulations) in the UK.
Priorities
Sites of European importance for habitats and species other than wild birds.
Protection
See 'Natura 2000'
London SACs
There are two SACs in London - Wimbledon Common and Richmond Park.

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Special Protection Areas (SPA):

Legislation
Birds Directive (1979) in Europe, amended under the Habitats and Species Directive (1992),
and the Habitats & Species Regulations (1994) in the UK.
Priorities
Sites of European importance for wild birds.
Protection
See 'Natura 2000'.
London SPAs
There are two SPAs that lie partially within London - South West London Waterbodies and the Lee Valley. All the London areas are included within SINCs - Sites of Metropolitan Importance for Nature Conservation.

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Ramsar sites

Legislation
Ramsar Convention on Wetlands (1971)
Priorities
Sites of international importance to birds containing 1% of a species' biogeographic population
Protection
Ramsar sites among the most highly protected sites in UK. All Ramsars are also SSSIs. In practice, protection for Ramsar sites is as for Natura 2000 sites.
London Ramsar sites
There are two Ramsar sites that lie partially within London - South West London Waterbodies and the Lee Valley.

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Protected Species

Some species are protected under European legislation - the Habitats Regulations, while others are protected by domestic legislation - Wildlife and Countryside Act, as amended by CRoW. The levels of protection are different.

Some species have legal protection that is relevant to anyone who comes into contact with them (e.g. badgers and bats), others have protection that planners and developers need to be aware of (e.g. water voles, whose burrows are protected).

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Laws and Conventions

Bern Convention on the Conservation of European Wildlife and Natural Habitats, 1979

The Bern Convention aims to conserve wild flora and fauna and their natural habitats; to promote co-operation between states; and to give particular emphasis to endangered and vulnerable species, including endangered and vulnerable migratory species.

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Birds Directive: See 'Natura 2000'

Bonn Convention on the Conservation of Migratory Species of Wild Animals, 1979: The objective of the Bonn Convention is to develop international co-operation with a view to the conservation of migratory species of wild animals.

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Conservation (Natural Habitats &c.) Regulations, 1994

The Habitats Regulations transpose the Habitats Directive into domestic legislation in England, Wales and Scotland and their territorial seas up to 12 nautical miles from baseline.

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Countryside and Rights of Way Act (CRoW), 2000

The CroW Act amended the Wildlife and Countryside Act of 1981. It created a new statutory right of access to open country and registered common land, modernised the rights of way system, gave greater protection to SSSIs, and strengthened wildlife enforcement legislation.

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Habitats & Species Directive, 1992

Established the Natura 2000, EU-wide, network of nature conservation sites: comprising SACs - Special Areas of Conservation and SPAs - Special Protection Areas.

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National Parks & Access to the Countryside Act

First established National Parks, Areas of Outstanding National Beauty (AONBs), National Nature Reserves (NNRs), Local Nature Reserves (LNRs) and SSSIs.

Redefined the movement on access to countryside of previous 100 years. Largely superceded by subsequent legislation, particularly Wildlife and Countryside Act and CRoW Act.

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Natural Environment and Rural Communities (NERC) Act (Section 40)

All public bodies including; local authorities, the NHS, police forces, national museums and galleries, the BBC and utility companies, have a duty to "have regard for biodiversity in the exercise of their functions".

Public bodies should strive to lessen their impact on biodiversity, manage their buildings and estate to enhance biodiversity and raise awareness of biodiversity amongst staff and service users.

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Wild Mammals (protection) Act,1996

Makes provision for the protection of wild mammals from certain cruel acts.

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Wildlife and Countryside Act, 1981

The Wildlife and Countryside Act 1981 is the principle mechanism for the legislative protection of wildlife in Great Britain. Part I gives protection to listed flora and fauna; Part II deals with the protection of SSSIs - Sites of Special Scientific Interest and Part III deals with Public Rights of Way.

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