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Planning for Wildlife
Avon Wildlife Trust devotes considerable
resources to influencing local, regional and national
planning policy. It also monitors and responds to major
planning applications which may threaten wildlife in
our area.
Latest planning
update: Jan 2010 (PDF)
More about our planning work
The area we cover includes the Councils
of:
Bath
and North East Somerset
Bristol
North
Somerset
South
Gloucestershire
The Councils work together in the West
of England Partnership. The Avon Wildlife Trust's chief
executive represents the Avon
Biodiversity Partnership on the board.
Download
this map to see the most important sites designated
for wildlife in the area, both national statutory and
locally designated ones. Of course, wildlife is present
in all parts of the area, even heavily urbanised sites
and we work to ensure that this is protected as well.
Planning
Applications
As we are a
charity, and our resources are limited, we are restricted
in our capacity to respond to the hundreds of individual
planning applications that are processed every year.
In any case, it is for local authorities and/or Natural
England to ensure protection and enhancement of the
natural environment through the planning system. Natural
England is the national nature conservation body which
advises government and acts as a statutory consultee
where nationally important sites e.g. Sites of Special
Scientific Interest and European sites such as the Severn
Estuary are affected.
Minor Planning
Applications
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horseshoe
bat |
However our leaflet, Saving
Wildlife, shows what you can do to prevent loss of
wildlife if a small piece of land is threatened by development
near you. Large site applications will automatically require
a full ecological assessment, but unfortunately small sites
such as trees and small copses, ponds, old allotments,
“wasteland” and hedgerows are often overlooked. Under the
Town and Country Planning Regulations, all applications
must be accompanied by enough information to enable the
planning authority to make an informed decision.
Major Planning
Applications
Where we have
the capacity, we monitor closely and respond to major
planning applications which may affect wildlife. We work
with Natural England and the local authority ecologists
to monitor potential and actual planning applications.
Some major developments we have commented
on include: the proposals for the Deep Sea Container
Terminal at Avonmouth; proposals for wind turbines in
the Avonmouth area; and the redevelopment of the Tropicana
swimming pool at Weston-Super-Mare.
Permitted development for schools and hospitals
The General Permitted Development Order 1995 outlines the permitted development associated with 32 different types of building, including houses, schools, hospitals, agricultural buildings and industrial sites. Below is a brief outline of permitted development within education institutions and hospitals. This is particularly relevant considering the large developments planned at UWE and Southmead Hospital, and also may help you decide how to approach local school developments in your area.
Schools, College, University or Hospital Buildings
Development is always permitted as long as the present buildings are currently used for education if a school or university, and health services if a hospital. However, a condition of the development is that it must be in the style of the original buildings and must adhere to the following rules:
- The cumulative floor space of the buildings must not exceed 10% of the total floor space of the current buildings, and anyway the volume of development must not exceed 250 cubic metres.
- The buildings must not be within 20 metres of the boundary of the development, and must not lead to the loss of land used as a playing field.
Further information about the General Permitted Development Order 1995 can be found here
Planning
related to Conservation Areas
Local planning authorities have a duty under Section
69 of the Planning (Listed Buildings and Conservation
Areas) Act 1990 to designate as conservation areas any
“areas of special architectural or historic interest,
the character or appearance of which it is desirable
to preserve or enhance”.
Planning
controls are stricter in Conservation Areas:
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| Creating wetlands |
All trees
with a trunk diameter of 75mm measured at 1.5m above
ground level within conservation areas are protected
under Section 211 of the Town and Country Planning Act
1990. Any proposed works to them will require a written
notification to the Council six weeks prior to beginning
those works.
It
should be noted that it is a criminal offence to carry
out works to such trees within a conservation area
without giving prior notice to a Council.
In
addition, many trees in conservation areas will be
the subject of Tree Preservation Orders, in which case
a formal application would be necessary before any
works can begin. A Council would have regard to the
character of the area and the significance of the tree
in determining any such application.
There are exemptions
from the general protection given
to such trees in a conservation area, namely
- Trees that are dead, dying or have become dangerous
- Pruning of cultivated fruit trees
Where the loss of a tree is unavoidable,
replanting with species that are native or traditional
to the area would be encouraged.
Contact
your local Conservation Officer for
more advice.
What
You Can Do
If a particular application concerns you, there are several
things you can do both immediately and in the longer
term.
Immediately:
Register your objection direct with the Council concerned;
alert the Council's ecologist and
others who are able to influence the process.
Objecting to an application:
Make an official objection to the planning application
by letter to your local Council. Quote the reference
number (your Council's planning office reception will
have this), and state your case clearly, and calmly.
Point out your concerns, and why you think they need
to be considered. Remember that the Council officer who
has to deal with the application (the Case Officer) may
not know all the local details - your knowledge may be
of benefit.
Try not to use emotive language, nor
use issues that
are not considered in planning matters (e.g. house
values, likelihood of crime, new neighbours etc.).
However, you may wish to include planning issues that
are outside our remit, such as traffic levels, noise & disturbance,
incursion on Green Belt, and changes to landscape & views.
Contact your local Council's Case
Officer, who will deal
with the application by 'phone. S/he will generally
listen to your arguments and concerns. If necessary,
ask to go to the Council offices to look at the plans
in more detail - these are often available for view
at the Planning Reception.
Consider appropriate measures for
mitigation and/or compensation;
e.g. if two trees are to be felled to make a play space
available, there could be benefits in suggesting that
a larger area is planted with new trees and managed
for nature conservation.
Investigate
and use in your letter, where possible, the
development plan policies that will relate to nature
conservation issues. For example, a proposal may conflict
with a Policy that states that the council is committed
to protecting its district's trees or ponds. Not all
development plans are the same; but relevant policies
will usually be found in the chapters for Environment,
Nature Conservation, Community Open Space, and/or Recreation & Leisure.
Don't forget to check the proposals (and maps), which
give clear indications of which sites are protected,
and which areas are designated for development.
Copy your letter to the Councillor(s)
for the ward in
which the site is located. Contact details for Councillors
are provided on the relevant Council's web site:
Bath
and North East Somerset
Bristol
North
Somerset
South
Gloucestershire
Parish Councils and Town
Councils do not make decisions on planning
issues though they are consulted by the planning authorities
and may make comments on planning applications affecting
their area. You may wish to copy your comments to the
relevant parish or town council for information or
get in touch with your parish or town councillor for
support. Follow the links below to find your local
councillor.
Bath
and North East Somerset
North
Somerset
South
Gloucestershire
Campaigns/Petitions
Encourage your neighbours and others to submit objections
and possibly collect names on a petition to present
to the Council. Contact the local newspaper if it is
a controversial issue- they will be keen to pick up
the story if its newsworthy.
The planning application
might go to a Development Control Committee of local
councillors for them to make the final decision. You
might want to state your case to this Committee that
will decide on planning applications to which there
have been objections. You will need to notify the relevant
Committee Clerk and their details will be available
on the Council's website or by telephone to the Case
Officer.
In the Longer Term
Become familiar with your local council's Local Plan
and its proposals, policies and maps. Following changes
to the law in 2004, all local Councils are replacing
these Plans with Local Development Frameworks (LDFs),
but the policies in Local Plans still hold until the
various Core Strategies of the Councils' LDFs are in
place. The links below will take you to the relevant
areas of the Councils' websites.
Bath
and North East Somerset
Bristol
North
Somerset
South
Gloucestershire
Planning
Enforcement
Every Council has an enforcement procedure
to deal with development where the developer has not
complied with the Council's existing policies and procedures.
The relevant enforcement
team should investigate all complaints relating
to unauthorised development and changes of uses, and
non-compliance with planning consents and conditions.
Planning
Policy
The Trust monitors
national planning and other policies and strategies and
how these are being implemented locally.
National Policy
The Royal Society of Wildlife Trusts
(an umbrella body
for WildlifeTrusts nationally) is active on national
policy campaigns such as climate change and campaigns
for wildlife-friendly legislation.
The Government
introduced the Natural Environment and Rural Communities
Act (NERC) in 2006. This legislation outlines the role
Local Authorities have in the conservation of biodiversity.
Section
40 of the act states that:
“Every public body must, in exercising its functions,
have regard, so far as is consistent with the proper
exercise of those functions, to the purpose of conserving
biodiversity”
The Wildlife Trusts have produced
a leaflet called Local
Authority Services and Biodiversity - Your Statutory
Obligations providing guidance on how to implement
these duties. It offers practical examples and outlines
how considering biodiversity can truly be a cross-cutting
issue which can contribute to the delivery of other local
authority services and targets.
Regional Policy
Policies on major strategic planning proposals for the
South West are currently in the Regional Spatial Strategy
developed by the South
West Regional Development Agency which holds policies
for this area.
Local Policies
The Trust works proactively with planning officers, planners,
developers, landowners and decision-makers to ensure
development avoids damage to wildlife, and wherever
possible builds in benefits for wildlife and the natural
environment. This can be most effectively achieved
through the policy planning process, known as Local
Development Frameworks. The Councils do a lot of consultation
on LDFs and they will publish these on their websites-
it is important for the public and community groups
to be involved with these as your views will then be
taken into account at an early stage of policy development.
The links below will take you to the relevant areas
of the Councils' websites.
Bath
and North East Somerset
Bristol
North
Somerset
South
Gloucestershire
Specially
protected species
Plant and animal species given special legal protection
by Great Britain's Wildlife & Countryside
Act 1981 and Annex II of the European Union's Habitats & Species
Directive 1992 usually have special significance
in the planning process. Protection for species under
the European Union's Directive was translated into English
law by the Conservation (Habitats &c) Regulations
1994. You should be able to find them listed
on the species section of the website of the UK's Joint
Nature Conservation Committee (JNCC). Badgers and
their setts are also protected by their own legislation
- the Protection of Badgers Act 1992.
Contact
Section
Council
websites and Planning Department Contact Details
Local
Authority Ecologists
Bath and North East Somerset 01225
477526/477620
Bristol 0117
922 3750/3403/ 0117 3525656
North Somerset 01275
888524
South Gloucestershire 01454
863467
Local
Authority Conservation Officers
Bath and North East Somerset 01225
394041
Bristol 0117
922 3097
North Somerset 01934
426250
South Gloucestershire 01454
863579
Local
Authority Planning Enforcement Officers
Bath
and North East Somerset 01225 477512
Bristol 0117
922 3097
North Somerset 01275
888811
South Gloucestershire 01454
868004
If necessary, contact the police-
it is illegal to injure/damage many protected
species and their habitats.
Avon
and Somerset Constabulary: ask to speak to the
Wildlife Liaison Officer. Contact
0845 4567000 or your local police station.
If a Planning Application Number or
address is available, the details can be checked on the
relevant local authority website. Each unitary authority
has a ‘Public Access for Planning’ portal on their website
and you can use this to see whether surveys have been
completed.
The Government also provides a link
to all local authority planning information for the public
at http://www.planningportal.gov.uk/
Contact the Planning
and Policy Officer at the Trust if you have a particular
concern about any planning issues.
Other Advice Friends
of the Earth 020
7490 1555
Planning
Aid 0870
8509807 |
