IN THIS ISSUE Saving special places • M4 toll update • Breckland core strategy update• Habitats ruling on Stacain wind farm • A precautionary approach to housing numbers •New era for major infrastructure • How Mineral Development Frameworks can deliverfor wildlife • Landmark decision reprieves Poland’s threatened wildlife

CONSERVATIONPLANNER

SPRING 2010 ISSUE 32

First the bad news – it’s 2010, biodiversity is still in declineand there’s an awful lot to do to halt that trend.Nevertheless, there is good news in the shape of the BirdsDirective. In this issue, we report on planning decisions,sometimes years in the making, which will have positiveoutcomes for biodiversity and the quality of futureinfrastructure development.

Of course, major infrastructure has received a boost with thelaunch of the new Infrastructure Planning Commission. Buthow will it deliver sustainable development if national policystatements are seriously flawed? What will the future bringif there is a change in Government?

Hurray for the Birds Directive!What we do know is that planners have to keep pushing theboundaries, thinking differently and grappling new conceptslike ecosystem services. We’re happy to showcase bestpractice (read our article on sustainable schools) and, wherepossible, to help. See our update on Nature After Mineralsand find out more about a new swift nesting inventory.

If you would prefer to view this newsletter electronically,visit: www.rspb.org.uk/ourwork/library/newsletters.asp orE-mail ConservationPlanner@rspb.org.uk to receive a pdf.

Dr Rachel Lee, Editor, e-mail: rachel.lee@rspb.org.uk

So here it is, 2010; the year by which the decline ofbiodiversity was to have been halted. In sport, it is often saidthat you learn more about yourself in defeat rather thanvictory – a good approach to the global failure to meet thisambitious target. Failure to learn the lessons and apply themwill add insult to injury.

The state of Sites of Special Scientific Interest (SSSIs) inEngland is a case in point. Meeting a target of 95% infavourable condition is an important milestone. It was atarget with teeth in the form of a Public Service Agreementcoming out of the 2004 Comprehensive Spending Review.Defra and Natural England developed a process that haseffected real change and, whilst attracting its fair share ofcriticism, the RSPB welcomes what we believe to have beenreal and substantive progress towards the target.

Local planning authorities will have important roles to play intackling some of the outstanding challenges that remain,which include access management, inappropriate coastalmanagement and, most obviously, ensuring the effectiveprotection of SSSIs through the planning system.

It was timely that 2009 marked the 30th anniversary of theBirds Directive, because it is certainly a candidate for themost valuable player award in the run up to 2010. Enacted when the “Common Market” consisted of 10Member States, it has remained effective and relevant overthree decades as the European Union has grown to 27. The Birds Directive has proved strong yet flexible andscientifically robust. Coupled with 30 years of case law,these characteristics ensure that it continues to be central tothe conservation of wild birds and wild places in the UKand across Europe.

The RSPB and BirdLife International have researched theeffectiveness of the Birds Directive. The role of protectedareas in the recovery of the rare and vulnerable birds listedon Annex 1 of the Directive is crucial. The greater the area

of Special Protected Areas, the stronger the recovery – sizematters.

Yet in the UK, there is a significant gap to fill. Even though theUK has been designating SPAs for 30 years, our analysisshows that there are still significant gaps on the coast, inupland areas and most obviously in the marine environment.In Scotland, where some of the biggest gaps were, there hasbeen significant and welcome progress in improving SPAcoverage for some of the UK’s most threatened birds,including hen harriers, choughs, capercaillie and corncrakes,along with agreement over methods to identify sites forgolden eagles. However, overall there is still a long way to gobefore the UK’s SPA network is fit for purpose. The biggestchallenge lies in the marine environment, where failure todesignate a coherent SPA network causes problems for theseabirds concerned and creates uncertainty in planning forthe expansion of offshore energy generation.

The UK has a crucial job to do to contribute to completing thedesignation of these important sites. The UK’s network of sitesof European importance (our part of the Natura 2000 networkacross the EU) is providing a key driver for arriving atoutcomes that secure development alongside effectiveprotection of the natural environment. We welcome theapproach adopted by the Highways Agency, for example, inworking to deliver mitigation for stone-curlews in relation todualling the A11 in the East of England. An approach that,once again, demonstrates the central role played by the BirdsDirective in helping to deliver sustainable outcomes – a rolethat will be crucial in setting targets beyond 2010.

To find out more about saving special places, visit our bloghttp://www.rspb.org.uk/community/blogs/specialplaces/default.aspx.

André Farrar, Team Leader, Conservation and Policy PublicRelations TeamE-mail: andre.farrar@rspb.org.uk

Saving special places

A swift inventoryReaders of Conservation Planner may remember the article in the Autumn 2009 issuethat highlighted the recent decline of swifts and their vulnerability to renovation anddemolition of buildings. It also described the establishment of an inventory of swiftnesting sites. This now contains several thousand records, which will be continuouslyupdated. The information has been compiled into a database, which developers canaccess through the National Biodiversity Network’s (NBN’s) Gateway URL availablesoon at http://data.nbn.org.uk.

The data can be used to encourage sensitive renovation and target provision ofnew nest sites in core areas. Many planners are already including features forswifts. We are now appealing to you, and to developers, to consult the NBNdatabase to target protection and provision of nest opportunities. Please reportwhere provision has been made, or is proposed, so that we can record this valuableinformation. To find out more, visit: www.rspb.org.uk/helpswifts

Emma Teuten, Bird Conservation Targeting Project and National BiodiversityNetwork Project Officer E-mail: emma.teuten@rspb.org.uk

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Swift nestboxes at the RSPB’sUK headquarters.

Three cheers for the Breckland core strategyIn the Spring 2009 issue of Conservation Planner we wrotepraising the steps being taken by Breckland District Councilto deliver housing and protect birds. The Council isresponsible for delivering a government Growth Point of6,000 houses at Thetford, a town closely bordered by aSpecial Protection Area (SPA) on three sides.

The Habitats Regulations Assessment (HRA) was undertakenin close co-operation with Natural England and the RSPB. Itidentified risks that the development would have significantimpacts on woodlarks, nightjars and stone-curlews – the threebird species for which the SPA is designated. In response tothe HRA, the Council amended its core strategy limiting newdevelopment within 1,500 metres of the SPA to the re-use ofbuildings and sites and using a similar buffer zone to protectstone-curlews that nest just outside the SPA boundary.

Both the RSPB and Natural England attended the examinationof the core strategy to support the Council’s exemplary

The Gwent Levels are designated for the botanicaland invertebrate interest.

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Wales M4 toll: a road to nowhereNearly two decades of campaigning by the RSPB – as part ofthe Campaign Against the Levels Motorway (CALM) Alliance– has finally paid off. The proposed M4 toll motorway hasbeen dropped from the draft Wales Transport Plan, reducingthe threat to the Gwent Levels and its unique wildlife.

We are delighted that the proposed M4 toll motorway hasbeen omitted from the Plan. We believe that better use ofexisting road capacity and investing in improved publictransport in south east Wales can achieve as much or more, at a much lower cost to the environment and Welsh tax payer. The motorway, which was estimated to cost over a billionpounds, cast a long shadow over the Gwent Levels.Consultation on the Transport Plan has now ended and, ifthe decision to omit the M4 toll from the Plan is upheld, itwill be an excellent result for this wildlife-rich environment.

Our Casework Team has been working hard to protect theGwent Levels from other developments too, including theUpfield Airfield expansion, within the Gwent Levels SSSI.The airfield is also close to Newport Wetlands NationalNature Reserve and the Severn Estuary Special ProtectionArea. At a Public Inquiry in November 2009, the RSPB andNewport City Council objected to a retrospective planningapplication for the airfield. We were really pleased when theInspector found clear reasons for refusal. This will safeguardagainst further disturbance to birds at these protected sites.

James Byrne, RSPB Cymru Casework Officer E-mail: james.byrne@rspb.org.uk

approach. The recent Inspectors’ Report found the corestrategy sound and endorsed the steps taken by the Councilto protect the SPA. The thoroughness of the HRA means thatpreparing and assessing future Development Plan Documentsin the Council’s Local Development Framework will be muchmore straightforward.

We also celebrated the formal withdrawal of our objection tothe dualling works planned for part of the A11 in Breckland.Two-thirds of the UK population of stone-curlews breed nearthis section of road, and these birds are highly sensitive todisturbance. The RSPB worked closely with Natural Englandand the Highways Agency to agree proposals to create a largearea of additional suitable habitat and we are confident thatproposed mitigation measures are adequate.

James Dawkins, Casework OfficerE-mail: james.dawkins@rspb.org.uk

Proposed M4 toll motorway

In April 2005, an application was made to Argyll and ButeCouncil for consent to build a 14-turbine wind farm at Stacain,near Inveraray. The application was approved by the Council,contrary to council officer advice and despite firm objectionsfrom the RSPB, Scottish Natural Heritage (SNH) and others.The application was called in by Scottish Ministers and aninquiry was held in November 2008. Our main concern wasthe potential impact on golden eagles within an area activelybeing considered as a Special Protection Area (SPA) for thisspecies under the EU Birds Directive.

The site had not been formally proposed and so there wasno explicit legal or policy requirement to apply the tests ofthe Conservation (Natural Habitats & c.) Regulations 1994 asamended (the Habitats Regulations). However, SNH arguedat the inquiry that as the area was likely to have beenformally proposed as an SPA by the time any consent couldbe implemented, the requirements of the HabitatsRegulations should be a significant material consideration.

The reporter accepted this approach, on the basis that theland was clearly under consideration as an SPA.Retrospective appropriate assessment of any consent wouldbe required under regulation 50 of the Habitats Regulations,once the SPA was classified. In addition, the reporter foundthat it would be prudent to assume an obligation to avoidadverse impacts on golden eagles within an area that“should be” an SPA1 – and that applying the tests of theHabitats Regulations would be an appropriate way to fulfilsuch an obligation.

The reporter found that the evidence presented at theinquiry did not allow an absence of adverse impact on theintegrity of the golden eagle site to be ascertained. The

A view of Stacain in the background.

Habitats ruling on proposedStacain wind farm

project would thus have failed an appropriate assessment.The reporter found that there were less damagingalternative solutions. This would also have been the case forretrospective assessment under regulation 50, followingclassification. In those circumstances, the question offinancial compensation to the developers would have arisenas the consent would have to have been revoked.

Accordingly, the reporter recommended refusal, unless bythe time of Scottish Ministers’ determination it was clearthat the SPA designation process had been abandoned. Inthat case, as the proposal would have been unlikely tochange the regional conservation status of golden eagle,consent could have been given. As the golden eagle sitewas still under active consideration in October 2009,consent was refused.

This is a very welcome decision. The site was whollyinappropriate for a wind farm, the value of which for goldeneagles is likely to soon be recognised through formalidentification as an SPA. There are far more suitable siteswithin Scotland where wind farms can be developedwithout risk of significant harm to important birdpopulations. Badly-sited proposals such as this are anexpensive and time consuming distraction from the much-needed delivery of sustainable renewable energy to helptackle the causes of climate change.

Richard Evans, Sites Policy Officer E-mail: richard.evans@rspb.org.uk

1In the sense of the European Court of Justice decision in case C-374/98

Commission v France (Basses Corbières).

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Welcoming a precautionary approach to housing numbersPlanning inspectors in the West Midlands have acceptedthe need for a robust policy to prevent damage to Europeanwildlife sites from housing growth. In doing so, they haveboth highlighted the importance of strategic land useplanning and given Inspectors at future Local DevelopmentFramework (LDF) inquiries a clear rationale for departingfrom regional housing policy where it is necessary toprotect European wildlife sites.

Following an “appropriate assessment” under the HabitatsRegulations of proposed housing numbers in the RegionalSpatial Strategy (RSS), it proved impossible to conclude thatthere would be no significant effect on European sites in the

Wye Valley, SevernEstuary and CannockChase. In response, thePanel endorsedproposals for a new,precautionary policy.

The heart of the newpolicy (SR4) is aclause that allowsfuture inspectors torecommend lowerhousing allocations in

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Sharrow primary school, Sheffield.

LDFs than provided for in the RSS, if this is the only way ofavoiding an adverse effect on a European site. Thisapparently simple, sensible precaution shows how theburden of considering alternatives to damagingdevelopments is often best borne at the strategic level, notthe local one. In England, only the South East RSS hasadopted a similar approach.

Whoever wins, the strategic planning landscape will lookvery different after the next general election. Responsibilitywill either rest with the regional development agencies andLeaders’ Boards, and be wrapped up in the new regionalstrategies as proposed by the current Government, or(based on the Shadow Secretary of State’s promise to localauthorities of August 2009) will be abolished altogether. TheRSPB has been a strong supporter of the strategic planningframework for many years and we call on all politicalparties to recognise the important and valuable role ofstrategic decision making.

The West Midlands RSS Panel Report (Phase 2) is availableto view at the Regional Assembly website,www.wmra.gov.uk

Colin Wilkinson, Planning and Local Government OfficerE-mail: colin.wilkinson@rspb.org.uk

Back to schoolLast year, the Government published guidance outlining thelinks and opportunities between sustainable schools andcommunities. It wants every school to be a sustainableschool by 2020. A budget of over £9 billion for 2008–11 hasbeen set aside as part of an ongoing programme to provide21st century facilities in secondary schools across England– including new buildings.

This money should ensure that schools meet theGovernment’s own sustainability targets for all new schoolbuildings to be zero carbon after 2016 and reach theBREEAM excellent standard. Water saving and recyclingdevices, energy-saving measures and renewable energytechnology should feature in all new-builds.

We are also encouraging planners to promote new schoolbuildings that directly benefit biodiversity too. A greatexample of this is Sharrow school’s award-winning greenroof (pictured) in Sheffield. The 2,000 square metres ofgreen roof are such an important city-centre wildlife havenand educational resource that it is the country’s first to bedesignated a Local Nature Reserve.

Outside the school gates, by integrating traffic calming,cycle routes and green corridors in the wider community,planners can also support School Transport Plans. This helps

to reduce carbon emissions and promotes healthy lifestylesamongst pupils and staff.

For more information on BREEAM, visitwww.breeam.org/schools.html and for case studies ofdesigns of sustainable schools visit Schools for the Futureat www.teachernet.gov.uk/_doc/10675/SustainCS.pdf.To findout more about Sharrow primary school, visitwww.thegreenroofcentre.co.uk.

Phil Burfield, Education Policy OfficerE-mail: phil.burfield@rspb.org.uk

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The Planning Act 2008 created a new planning system for majorinfrastructure in England and Wales.Last October saw the launch of theInfrastructure Planning Commission(IPC), which will deal with allproposals for “nationally significant”infrastructure. Headed up by SirMichael Pitt, it brings together a groupof expert commissioners to makedecisions on everything from newcoal-fired power stations to anotherHeathrow runway.

The RSPB spent the best part of twoyears campaigning against theCommission, but not because we don’tlike the idea of input from experts, or asingle planning system for majorinfrastructure. It was because webelieve planning decisions of thisimportance need to be taken byministers who are ultimatelyaccountable to us, the electorate. Wealso didn’t like (and still don’t like) thelack of opportunities for objectors totest the evidence at the Commission’sexamination of proposals.

A new era for majorinfrastructure

Conservation is desirable, necessary, but all too often thequestion is ‘who’s going to pay for it?’

As pressures on our natural resources continue to escalate,the concept of ecosystem services has brought a newdimension to sustainable development thinking. This isbecause it encourages us to think, in a systematic way,about how we value the benefits that nature andbiodiversity provide. The Millennium EcosystemAssessment classification of ecosystem services suggestthat these range from:

• provisioning services – products obtained from ecosystemservices, eg food, fibre, bio-chemicals

• regulating services – benefits from the regulation ofecosystem process, eg water purification, pollination,climate regulation

• cultural services – non-material benefits from theecosystem, eg recreation, education, inspiration

• supporting services – necessary for the functioning of allother services, eg soil formation and nutrient cycling.

Naturally. At your service

The missing piece of the jigsaw is thedesignation of the national policystatements by the Secretary of State.Welcomed in principle by all parties,these statements will be crucial whenthe IPC makes decisions on proposals. Aseries of draft national policy statementson energy infrastructure and ports werepublished last November. Publicconsultation has now finished and weare waiting for these to be signed-off.Given the pending general electionthere could be some delay, whateverthe colour of the new administration. Ifa Conservative Government gainspower, it’s almost certain that there willbe further change, as they havepromised to abolish the IPC.

We support good strategic planning, butwe have serious concerns about theway that national policy statementshave been prepared, especially thenarrow focus of the so-called“appraisals of sustainability”. A reportwe commissioned from CollingwoodEnvironmental Planning identified anumber of shortcomings, and in some

cases critical failures, in the appraisals.Also, the IPC may not be able toproperly consider alternative solutionsunder the terms of the HabitatsRegulations, where Natura 2000 sitesare affected.

We’ll be continuing to look carefully atthe implications for special places forwildlife, whether the proposal is forports, offshore wind farms, nuclearpower stations or other infrastructure.We don’t think nuclear power isnecessary, but many of these sites areright next to internationally-designatedwildlife sites, and some, like Sizewell,are right next to an RSPB reserve aswell. The good news for wildlife is thatDungeness was dropped from the list.

Simon MarshHead of Planning and Regional PolicyE-mail: simon.marsh@rspb.org.uk

The RSPB has recently releaseda new publication Naturally, atyour service outlining how wethink the concept of ecosystemservices can be madeoperational. It’s still early days,but we believe that integratingan ecosystems approachwithin spatial planning isessential. We need to shapeplaces where developmentand sustainable managementof land and marine resourcesgo hand-in-hand.

For more information and to download copies of the report,please go to www.rspb.org.uk/ecosystemservices

Paul Morling, Senior EconomistE-mail: paul.morling@rspb.org.uk

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How can Mineral DevelopmentFrameworks deliver for wildlife?

Gravel workings restored to wetland near Lydd, Kent.

Mineral Development Frameworks (MDFs) are emerging at avariety of rates across the country and will influence thespatial planning of the minerals industry for many years tocome. The key question is how can these importantdocuments maximise opportunities for biodiversity throughrestoration both now and into the future? Our new PlanningAdviser for Nature After Minerals is taking on the challenge.

Through the Nature After Minerals Programme, the RSPBand Natural England aim to assist planners and mineralsoperators to make informed decisions about strategichabitat restoration to maximise the benefits for both wildlifeand local communities. This new phase of work is madepossible by Natural England through Defra’s AggregatesLevy Sustainability Fund.

The grant will run to the end of March 2011 and during thattime our Planning Adviser will be conducting a nationalassessment of emerging MDFs to review their status,regional apportionment and potential for biodiversitydelivery. The results will showcase how best to bringbiodiversity fully into the equation and help target delivery atthe local level. A series of seminars and workshops tailoredfor planners and elected members will be available for thoseMineral Planning Authorities (MPAs) identified as having thegreatest potential to contribute to the Government targets forhabitat creation through the Biodiversity Action Plan (BAP).The project aims to share best practice and lessons learned,and builds on the programme of past regional workshops,which many readers attended.

A nationwide trawl for electronic data describing futureallocations or preferred areas of extraction is underway.This will be used to update the award-winning predictiveweb tool, which provides recommendations on the potentialfor mineral sites for biodiversity delivery:www.afterminerals.comThe RTPI Planning Award 2008recognised the usefulness of the tool, which uses simpleenvironmental and physical criteria such as soil type,geology and proximity to existing BAP habitats to informstrategic spatial planning.

The case studies, seminars and web tool are resourcesoffered to mineral planning authorities, landowners andlocal communities, conservation bodies and operators alike.To date, we have gathered many examples of MineralPlanning Authorities and operators working together todevelop restoration schemes that have multiple, sustainablelong-term benefits. We hope they inspire you to grab theopportunity to take a bold and visionary approach to siterestoration that will benefit people and wildlife. If you haveexamples of your own, we would like to hear from you.

To share your best practice in planning for biodiversity, toprovide MPA data on preferred areas or allocations, or toput forward a biodiversity related issue to resolve, pleasecontact us.

Kareen Holliday, Nature After Minerals ProgrammeManagerE-mail: kareen.holliday@rspb.org.uk

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UK HeadquartersThe Lodge, Sandy, Bedfordshire SG19 2DL Tel: 01767 680551 Fax: 01767 692365

Northern Ireland HeadquartersBelvoir Park Forest, Belfast BT8 7QT Tel: 028 9049 1547 Fax: 028 9049 1547

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I N T E R N A T I O N A LBirdLife

The RSPB speaks out for birds andwildlife, tackling the problems thatthreaten our environment. Nature is amazing – help us keep it that way.

We belong to BirdLife International,the global partnership of birdconservation organisations.

The Royal Society for the Protection of Birds(RSPB) is a registered charity: England andWales no. 207076, Scotland no. SC037654.

Cover photo: stone-curlew by Andy Hay(rspb-images.com) 270-0255-09-10

As a charity, the RSPB depends on the goodwill and financial support of its members and people like you.Please visit www.rspb.org.uk/supporting or call 01767 680551 to find out how to join.

Landmark decision reprievesPoland’s threatened wildlifeIn October 2009, the Polishgovernment decided to proceed withan alternative route for the Via Balticaexpressway – an international roadcorridor in north-east Poland – giving areprieve to some of Europe’s bestwildlife sites. The road is part of theEU’s Trans-European Transport Network(TEN-T), linking Helsinki to Warsaw.

This decision is a major victory thatrepresents a significant step towardsthe proper implementation of Polishand European environmental laws. Thesites spared include locations that are

Aerial view of the Rospuda Valley.

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important for a range of threatenedspecies, including the lynx, wolf,beaver and birds such as the aquaticwarbler and greater spotted eagle.

The environmentally-sound routing ofthe road via Lomza, approved by thegovernment, makes sense oneconomic, traffic and social grounds.It is also in line with therecommendations of experts and thefindings of a Strategic EnvironmentalAssessment, demanded by theEuropean Parliament, the BernConvention and environmental

groups including the RSPB’s partnerin Poland (OTOP/BirdLife Poland).

The decision means that the expectedstream of intra-Continental lorries willgo via Lomza, thus avoiding negativeimpacts on three Natura 2000 sites:Biebrza Marshes, and the Knyszyn andAugustow Primeval Forests. However, itdoes not bring an automatic halt tocurrent road construction work insidethe Knyszyn Forest or otherenvironmentally harmful road-development plans in north-east Poland.

It’s great news after seven years ofcampaigning, but our work isn’t overyet. We still need to protect sites alongthe “old” Via Baltica route and ensurethat construction on the new route goesahead so that this isn’t just a papervictory. But, this is an absolutelyfantastic step forward ensuring abrighter future for the wildlife of thisnaturally diverse region.

For more information, seewww.rspb.org.uk/ourwork/casework/details.asp?id=tcm:9-228488

Dr Helen Byron, Senior InternationalSite Casework Officer E-mail: helen.byron@rspb.org.uk