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Policy ENV9: Protection of Habitats and Designated Sites
 

1.  Proposals for new telecommunications masts and associated antennae and buildings will not be permitted unless the applicant has demonstrated that the following criteria would be satisfied:

a)  Where the proposal is for a free standing mast, the need for the development could not, for technical reasons, be met in a more environmentally acceptable manner by:

-  Sharing an existing mast or site,

-  Erecting antennae on an existing building or other structure;

b)  The development would not, by reason of its scale, siting or design, have an unacceptable impact on the character or appearance of the surrounding area, or the amenity of nearby residents.

2.  New telecommunications development will not be permitted within environmentally sensitive areas, such as Conservation Areas, residential areas or the Green Belt, unless the applicant has demonstrated that there are no other suitable alternative sites outside such areas and that appropriate steps have been taken to minimise any visual impact through careful siting, design and screening.

3.  Applications for development by telecommunications code system operators must be accompanied by:

a)  Evidence that the proposal would comply with all relevant ICNIRP 14 Standards (or future guidance which may supersede the current guidelines), taking into account any cumulative emissions from other nearby telecommunications equipment;

b)  Evidence of how the proposal fits into the wider network, regionally and nationally.

c)  Where the telecommunication development would be on or near a school or college site, evidence that the governing body of the relevant school or college has been consulted.

 

 

Explanation ENV9

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Policy ENV9 will ensure that the UDP supports the North Merseyside Biodiversity Action Plan (NMBAP) and Local Environment Agency Plans (see introduction to this chapter) by giving special protection to a range of wildlife habitats.

Nationally and Internationally Designated sites

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Under the National Parks and Access to the Countryside Act 1949 and other legislation, sites can be designated as Sites of Special Scientific Interest or as National Nature Reserves. Areas of international significance are protected under separate European law and conventions. Knowsley does not currently have sites protected either by national or international designations, but policy ENV 8 and any other criteria within Planning Policy Statement 9 "Biodiversity and Geological Conservation" will apply in the event of these designations being made during the Plan period.

Locally Designated Sites

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Knowsley has a number of sites (shown on the Proposals Map) which are locally important, either for their nature conservation or for their geological interest. Sites of Biological Interest (SBIs - see list in Appendix 8) are important for wildlife interest whilst Sites of Local Geological Interest (SLGIs) are designated because of their earth science features.

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In addition to the controls provided by policy ENV9, the Local Nature Reserve (of which there is currently only one within the Borough, at Acornfield Plantation, Kirkby) enjoys further statutory protection, being managed by the local authority under powers granted by the National Parks and Access to the Countryside Act. This statutory provision establishes nature conservation as the primary land use within this site.

Non-designated sites

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Policy ENV9 also lends protection to other sites which, although they are not formally designated on the Proposals Map, are important to wild animals and plants. This part of the policy brings the Plan into line with the 1994 Habitats Regulations, which recognise that wildlife importance can extend beyond formally designated sites.

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The local habitats in Knowsley that have been identified in the NMBAP as requiring protection include the following:

conifer woodland, lowland mixed broad-leaf woodland (including ancient woodland), lowland wood-pasture and parkland, lowland heath land, lowland raised bog, pond habitat, reed bed habitat, urban grasslands and field boundaries habitat.

Linkages between habitats

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Isolated wildlife habitats tend to be less rich in species than continuous, larger tracts. This is particularly true in urban areas, where habitats are separated from one another by development.  Linear and continuous structures, such as rivers with their banks or stepping stones (such as ponds or small woods), are essential for the migration, dispersal and genetic exchange of wild species.  Policy ENV9 therefore will provide protection to land which provides valuable links between existing habitats.

Consideration of development proposals affecting wildlife habitats

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Planning applications that are likely to affect important habitats or geological sites (whether designated or not) must be accompanied by an expert ecological survey and assessment which must:

•  Describe in full the nature conservation interest of the site and the likely impact of the development on this;

•  Identify any mitigation measures that will be included to offset any harm to nature conservation interests; and

•  Supply supporting evidence laying out the reasons why the development cannot reasonably be located elsewhere.

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Where it seems likely that a development could lead to loss or damage, the Council will seek discussions with developers (and where necessary impose conditions or enter into legal agreements with the developer) to prevent avoidable damage and also to explore possibilities for creating or enhancing habitats in line with NMBAP and Regional Biodiversity Targets. Where it is not possible to secure satisfactory mitigation of any harm caused by a proposed development, the Council will only grant permission if it is satisfied that the development would bring benefits (for example related to the urban regeneration objectives of this Plan) which would clearly outweigh any harm caused.

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