Havant Borough District-Wide Local Plan (HBDWLP)

NATURE CONSERVATION

~~NC1~~	~~PROTECTION OF THE NATURAL ENVIRONMENT~~
NC2	SITES OF SPECIAL SCIENTIFIC INTEREST
~~NC3~~	~~SITES OF INTERNATIONAL IMPORTANCE FOR NATURE CONSERVATION~~
NC4	SITES OF IMPORTANCE FOR NATURE CONSERVATION AND LOCAL NATURE RESERVES
NC5	OTHER FEATURES OF NATURE CONSERVATION INTEREST

82.

The policies in this chapter aim to conserve and enhance the diversity of wildlife in the Borough and to prevent development which would result in the loss of habitats and individual species. For development to be sustainable the natural environment must be maintained and losses minimised at all levels of significance from international to local. Small scale developments may be significant due to their cumulative adverse effect on sites of wildlife value. These nature conservation policies will be complemented by the management of sites to maintain and enhance their wildlife value. The management of the Chichester and Langstone Harbours (Hampshire/West Sussex) Special Protection Area (SPA) and Ramsar site and the Solent Maritime Special Area of Conservation (SAC) is especially important because of their international importance.

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NC1

PROTECTION OF THE NATURAL ENVIRONMENT

All development proposals should avoid damage to biodiversity and geological/geomorphological features and seek to achieve wildlife gain wherever possible. Development will only be permitted where any adverse effects can be reduced to an acceptable level by enhancement or provision of replacement habitat on the site or in another appropriate location.

83.

Conservation is not confined to wildlife but includes geology and the natural processes which have shaped the physical environment thereby complementing the contribution of habitats to local distinctiveness. This policy refers to natural environment throughout the Borough because it is important for as many people as possible to have direct contact with nature, especially in areas which are largely developed. The wide distribution of habitats also helps to form networks which are necessary for maintaining wildlife diversity.

84.

Biodiversity has been defined as "all species of plants and animals, their habitats, and the complex ecosystems that sustain them". It therefore includes all types of wildlife, not only rare creatures living in a few places. Proposals should avoid effects on biodiversity, for example by leaving habitats undisturbed or by safeguarding them during construction. Some developments might also achieve wildlife gain by appropriate native tree and shrub planting.

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NC2

SITES OF SPECIAL SCIENTIFIC INTEREST

Proposals for development in or likely to affect Sites of Special Scientific Interest will be subject to special scrutiny. Permission will not be granted for development which is likely to have an adverse effect on nature conservation unless the need for the development clearly outweighs the nature conservation value of the site itself and the national policy to safeguard such sites.

The Borough Council will seek, where appropriate, an obligation under Section 106 of the Town and Country Planning Act, 1990 to ensure the protection and enhancement of the site's nature conservation interest and compensation for unavoidable losses.

85.

The Harbours and coastal areas of the Borough, namely Langstone Harbour, Chichester Harbour, Warblington Meadow and Sinah Common have been designated as Sites of Special Scientific Interest (SSSI). These sites comprise fragile habitats but are affected by leisure activities, marine industries, dredging for aggregates and coastal protection works.

86.

Mitigation for development by enhancement or restoration is a requirement under the Countryside and Rights of Way Act 2000. Unavoidable losses of habitat should be compensated for by habitat creation or enhancement of alternative sites within the control of the developer.

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NC3

SITES OF INTERNATIONAL IMPORTANCE FOR NATURE CONSERVATION

The impact of proposals for development in or likely to affect sites of international importance will be subjected to the most rigorous examination. Development will not be permitted which is likely to involve the destruction or adversely affect the integrity of the sites, either individually or in combination with other proposals, unless there is no alternative solution and an imperative overriding public need for the development.

If the development site hosts a priority habitat and/or species the proposal will not be permitted unless it is necessary for human health, or public safety or it has beneficial consequences of primary importance for the environment.

When considering an application for development that adversely affects an internationally important site or species, the Borough Council will have regard to the Conservation (Natural Habitats, & C.) Regulations 1994 and will seek, where appropriate, an obligation under Section 106 of the Town and Country Planning Act, 1990 to ensure that the overall coherence of Natura 2000 is protected.

87.

Most of the Sites of Special Scientific Interest have been designated as a Ramsar Site and a Special Protection Area (SPA) because of their international importance. These designations share the same boundaries as the Langstone and Chichester Harbour SSSIs. Almost all of this area is also considered to be worthy of designation as a Special Area of Conservation (SAC).

The Ramsar site, SPA and SAC are designated under different legislation. Each designation recognises the international importance of different habitats and species. The Borough Council will consult with English Nature and other relevant authorities when considering an application which affects a site of international importance.

88.

'Integrity of a site' is defined as 'the coherence of its ecological structure and function, across its whole area, that enables it to sustain the habitat, complex of habitats and/or the levels of populations of the species for which it was classified.'

89.

'Overriding public need' is expected to be a rare justification for allowing development which would have an impact on the integrity of the Ramsar, SPA and SAC sites. Compensatory habitat provision outside the site but within the control of the developer is required if the importance of the development is judged to outweigh the nature conservation importance of the site and there are no other alternatives. The continuing presence and support for internationally important wildlife features will be a requirement for projects involving habitat loss and compensation.

90.

'Natura 2000' refers to the network of areas designated to conserve natural habitats and species which are rare, endangered or vulnerable in the European Community. The Natura 2000 term comes from the 1992 E.C. Habitats Directive.

91.

Brent geese are a species of international importance. The Hampshire Wildlife Trust has produced a Brent Goose Strategy in collaboration with local authorities and other organisations. This sets out a range of conservation policies and proposals and draws attention to the need for mitigating action where conflicts arise between the interests of the geese and pressures for development. Havant Borough Council will use the Brent Goose Strategy as a material consideration in the determination of planning applications. There are many Brent Goose feeding sites around the Harbours which are not protected by nature conservation designations because they are agricultural, amenity or recreation grasslands. Planning permission will only be granted for development of such sites where conditions or legal obligations can be attached to ensure compensation either by provision of alternative feeding sites or by enhancement of an existing habitat within the control of the developer.

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NC4

SITES OF IMPORTANCE FOR NATURE CONSERVATION AND LOCAL NATURE RESERVES

Development will not be permitted which is likely to harm a Site of Importance for Nature Conservation or a Local Nature Reserve unless there are reasons for the proposal which outweigh the need to safeguard the nature conservation value of the site.

The Borough Council will seek, where appropriate, an obligation under Section 106 of the Town and Country Planning Act, 1990 to ensure that developments are achieved satisfactorily and to provide compensatory measures to offset the loss of nature conservation features.

92.

Sites of Importance for Nature Conservation (SINCs) comprise habitats which are significant at a Hampshire, Borough and local level. They include a variety of habitat types such as ancient woodland, unimproved grassland, ponds and streams. SINCs are sites of critical importance for nature conservation - they are considered to form an irreplaceable resource which should be protected from the adverse effects of development. The criteria for identification of SINCs jointly adopted by Hampshire County Council, English Nature and Hampshire Wildlife Trust, and endorsed by Havant Borough Council, are included in Hampshire County Council's document Sites of Importance for Nature Conservation (SINCs) for Havant Borough. SINCS designated before July 2005 are shown on the Proposals Map but continual assessment of SINCs may result in alterations in the future to the number and extent of SINCs in the Borough.

93.

There are four Local Nature Reserves (LNR) at Gutner Point, The Kench, Sandy Point and West Hayling. Local Nature Reserves provide opportunities for seeing, learning about and enjoying wildlife and complement SINCs which are often privately-owned and thus not accessible to the public.

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NC5

OTHER FEATURES OF NATURE CONSERVATION INTEREST

Where possible nature conservation interests will be safeguarded outside the statutorily protected sites and Sites of Importance for Nature Conservation. Development will not be permitted unless at least one of the following apply:

(i)

The proposal contributes to, or does not unacceptably affect nature conservation.

(ii)

The features of interest can be protected from unacceptable harm.

(iii)

It is possible to compensate for their loss.

(iv)

Nature conservation is outweighed by the justifications for the proposal.

94.

There are many features of conservation value which are not included in designated sites and only require protection when threatened by development proposals. These features include important trees, hedges, small woodlands, semi-natural grassland, heathland, ponds and minor watercourses. Besides their nature conservation value such features add to local distinctiveness and are part of the Borough's history. To be effective, protection means defining spaces around the features to be safeguarded to prevent harm during construction work and to leave them free of development. There may be opportunities for including features in the open spaces within the development. Compensation for loss could be achieved by planting suitable species which provide habitats for wildlife.

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