 |
|||
| Part 2 8 - NATURE CONSERVATION, TREES AND WOODLAND |
|||
 |
|||
| N1a | International Nature Conservation Sites | ||
| Development which may affect a Special Protection Area or proposed Special Area of Conservation will be subject to the most rigorous examination. | |||
| Development that is not connected with or necessary to the management of the site for nature conservation, which is likely to have significant effects on the site (either individually or in combination with other plans or projects) and where it cannot be ascertained that the proposal would not adversely affect the integrity of the site, will not be permitted unless: | |||
| (a) | there is no alternative solution, and | ||
| (b) | there are imperative reasons of over-riding public interest for the development. | ||
| Where the site concerned hosts a priority natural habitat type and/or a priority species, development or land use change will not be permitted unless the authority is satisfied that it is necessary for human health or public safety or for beneficial consequences of primary importance for nature conservation. | |||
| PPG9 states that the Government's objectives for nature conservation are to contribute to the conservation of the abundance and diversity of British wildlife and its habitats, or minimise the adverse effects where conflicts of interest are unavoidable, and to meet its international responsibilities and obligations. The key to the conservation of wildlife is protection of the habitat on which it depends. This policy recognises the obligations on the Council to protect those sites designated as being of international nature conservation value from the adverse effects of development. This includes taking steps to avoid deterioration of the habitats or disturbance of the species for which the areas have been classified. The Government attaches great importance to the international obligations it has assumed under various conventions and directives and is determined to honour them. Within Tameside, Boar Flat on the eastern moorland fringe of the Borough forms part of an extensive Special Protection Area and is also part of a candidate Special Area of Conservation. The location of this area is shown on the proposals map | |||
| N1b | National Nature Conservation Sites | ||
| Development in or likely to affect a Site of Special Scientific Interest will be subject to special scrutiny. | |||
| Where such development may have an adverse effect, directly or indirectly, on the special interest of the site it will not be permitted unless the reasons for the development clearly outweigh the nature conservation value of the site itself and the national policy to safeguard such sites. | |||
| Where development is permitted the Council will consider the use of conditions or planning obligations to ensure the protection and enhancement of the site's nature conservation interest. | |||
| The Government's objectives for nature conservation (PPG9) are to contribute to the conservation of the abundance and diversity of British wildlife and its habitats, or minimise the adverse effects where conflicts of interest are unavoidable. The key to the conservation of wildlife is protection of the habitat on which it depends. This policy recognises the obligations on the Council to protect those sites designated as being of national nature conservation value from the adverse effects of development. This includes taking steps to avoid deterioration of the habitats or disturbance of the species for which the areas have been classified. Sites of Special Scientific Interest are a national designation with statutory safeguards. There are three SSSIs in Tameside, the Hollinwood Branch Canal, the Huddersfield Narrow Canal and Boar Flat (also an SPA). These are shown on the proposals map. | |||
| N2 | Locally Designated Nature Conservation Sites | ||
| The Council will not permit development adversely affecting a Site of Biological Importance, without a proper assessment being made of the nature conservation value of the site in relation to the benefits of the development. | |||
| The objective should be to retain the habitat provided by the designated site, either by exclusion from the area of the development or incorporation within the development site where practical, in either case with suitable measures taken to protect the site during construction and once the development is completed. | |||
| Where loss or damage would occur to the nature conservation value of the site, and on balance it is accepted that the need for the development outweighs the protection of the habitat in-situ, this must be compensated for by habitat re-creation or enhancement of an equivalent or greater area elsewhere within the site or the surrounding area. | |||
| Development unconnected with the management of the site will not be permitted on Local Nature Reserves which have been formally designated under the National Parks and Access to the Countryside Act 1949. | |||
| As PPG9 says, our natural wildlife heritage is not confined to the various statutorily designated sites but is found throughout the countryside and in many urban areas. Sites of Biological Importance are a local designation first introduced by the former Greater Manchester Council based on a detailed survey carried out between 1980 and 1983 in conjunction with key naturalist groups. The listings have been regularly reviewed since then by the Greater Manchester Ecology Unit on behalf of the authorities in the county area, and may be amended further during the life of the plan. In the 2001 review, notified to the Council in May 2002, there were 55 SBIs in Tameside (including 3 SSSIs), 19 of which were classified as grade A (country or regional value), 24 as grade B (district value) and 12 as grade C (more than local value). The location of the SBIs is shown on the proposals map. There are three Local Nature Reserves in Tameside at Haughton Dale in Denton and Hyde, Knott Hill in Ashton and Great Wood in Longdendale, which enjoy statutory protection and these are shown on the proposals map. There are also three other non-statutory nature reserves. The Borough also contains two geological sites which have been recognised as having county or greater significance and which merit protection comparable to Grade A SBIs. | |||
| This policy sets out the status and value of SBIs in the context of development proposals which may affect them. The starting point is that loss or damage to any designated site of nature conservation should be avoided wherever possible. However, the weight given to this factor in balancing a development decision should reflect both the grading of the site and the need for the proposal. The Council expects that any development proposal should take full account of nature conservation interests, preferably by incorporating the designated site into the scheme or, if this does not prove possible, making suitable compensatory habitat provision in another appropriate location. | |||
| N3 | Nature Conservation Factors | ||
| When considering development proposals which could have an impact on wildlife, plant life or geological features (whether or not these are currently designated for protection) the Council will wish to be satisfied that the potential benefits to nature conservation have been fully taken into account in the design of the scheme and arrangements for subsequent maintenance or management, including any opportunities to help create or enhance wildlife habitats and increase biodiversity in both urban and rural locations. | |||
| Nature conservation factors should be addressed in the design of new areas of tree or shrub planting and landscaping, and in schemes for environmental improvement and reclamation of derelict land, particularly in wildlife corridors and areas which are deficient in wildlife habitats. | |||
| Consideration of these factors should be informed by the Council's Nature Conservation Strategy and the evolving Greater Manchester Biodiversity Action Plan. | |||
| This policy emphasises the need for nature conservation to be considered within the broad range of proposals which come within the Council's influence, not just within designated sites. In particular, it is crucial for species protected under Section 9 of the Wildlife and Countryside Act 1981 that their habitats are safeguarded as far as possible. Nature conservation should not seen as at odds with economic development but as having potential benefits for investment by improving the environment of an area. Nature conservation should be an integral feature of design, management and control processes affecting the environment, and not something brought up on an exceptional basis. | |||
| Both public and private sector landowners and developers can introduce measures, sometimes on quite a small scale, which can create or enhance the protection of wildlife habitats. A Nature Conservation Strategy for Tameside was approved by the Council in 1996, providing the local framework for helping to sustain and create a rich and diverse natural resource in the Borough. The positive approach of this policy, rather than regarding nature conservation as a constraint, should have long term benefits for the local environment especially in parts of the Borough which see relatively little wildlife at the present time. As Part 1 of a Biodiversity Action Plan for Greater Manchester, a Biodiversity Audit was prepared in 2000, identifying species and habitats of conservation importance within this area, including Tameside. Part 2, comprising a first tranche of habitat action plans and species action plans, prepared in April 2003 to form the complete Greater Manchester Biodiversity Action Plan. It is intended that further such action plans will be added to the GMBAP over time. | |||
| N4 | Trees and Woodland | ||
| The Council will not permit the felling of protected trees and woodlands, or other trees of amenity value, unless: | |||
| a) | the removal of a tree has been considered appropriate in connection with an approved development, or | ||
| b) | good arboricultural practice requires that the tree should be felled, or | ||
| c) | the condition or safety of structures is conclusively proven to be adversely affected by the presence or growth of a tree, or | ||
| d) | a serious risk to public safety is presented by the tree. | ||
| Where a tree is removed the Council will require appropriate replacement planting. | |||
| The Council will undertake new planting of trees and woodland, including the establishment of community woodlands, and will encourage new woodland planting by others, in areas of the Borough identified as suitable in the Council's adopted Woodland Framework Plan but excepting sites of significant ecological value. | |||
| Tree and woodland planting should make use of locally native species wherever appropriate and the implications for nature conservation should always be taken into account. | |||
| Trees and woodland are vital in maintaining and improving the quality of life. They enhance urban amenity by providing a pleasant natural contrast to the built environment, and can help to screen unsightly structures and activities. Trees and hedgerows make an obvious contribution to the landscape and provide rich habitats for flora and fauna, and also areas for recreational and educational pursuits. Trees play an important role in maintaining the supply of oxygen in the atmosphere and reducing carbon dioxide, thereby helping to offset the greenhouse effect. Woodlands can have economic benefit if suitably managed. | |||
| Woodland cover in Tameside is less than half the national average, there is a lack of variety and much woodland is of poor quality and in need of management. Development pressures have led to small scale losses but overall there is a picture of modest improvement, with particular achievements in the river valleys. There is still need for major planting and replanting, particularly of native woodland species, to an agreed strategy. In 1992 the Council adopted a Trees and Woodlands Strategy, followed in 1997 by a Woodland Framework Plan which shows those areas where new planting is supported or actively encouraged. Other interested parties, particularly major landowners, have an essential role in implementing the strategy and framework in co-operation with the Council. It should also be assisted significantly by the Pennine Edge Forest project, which was under development in 2003. PEF is a new strategic initiative for community forestry in the districts of Rochdale, Oldham, Tameside and Stockport, working alongside other green regeneration initiatives such as Newlands and New Leaf. It is anticipated that funding support for PEF will be provided by NWDA and possibly other bodies, with an initial programme running for 3 years. | |||
| Tree Preservation Orders will continue to be made where needed to safeguard important trees which contribute to the quality of the local environment. They may be required as woodland matures, as further survey work and evaluation is completed, or in response to new pressures for development. The condition and surroundings of trees can change over time and existing Orders may need to be reviewed. Woodland management necessarily involves the felling of trees at certain stages, and the close proximity of trees to buildings or other infrastructure can sometimes produce problems. TPO designation does not preclude appropriate works to trees but should help to avoid needless damage and ensure work is carried out in a suitable manner. | |||
| N5 | Trees Within Development Sites | ||
| Where the quality and location of existing trees, whether individually, in groups or in woodlands, are of significant value to the appearance and amenity of a site, the Council will not permit development proposals which would: | |||
| (a) | result in unnecessary loss of, or damage to, such existing trees, or | ||
| (b) | not allow for successful retention of such existing trees, or | ||
| (c) | not make adequate provision for replacement planting. | ||
| Where a development proposal affects a site containing trees or woodlands, the Council will require a full arboricultural impact assessment, survey and method statement to be undertaken and submitted with the planning application, to enable the value of the trees and the effect of the proposal on the trees to be properly assessed and proposals made for the best of the trees to be accommodated within the scheme. | |||
| This policy confirms the Council view that where development sites contain existing trees, these should be retained to the extent that they can survive in a sound condition and that those which have to be removed to allow the development to take place should be replaced. Conditions of planning approval and where necessary new Tree Preservation Orders will operate in support of the policy. Developers must consider the trees on the site as part of the design process and incorporate proposals for these and for new planting in the schemes which are submitted for planning approval. Although some removal will be necessary on certain sites, careful design can minimise the loss and the presence of trees can often be used positively to increase the attractiveness of the development. More detailed criteria and guidelines for the retention and protection of trees within development sites will be set out in supplementary planning guidance. | |||
| N6 | Protection and Enhancement of Waterside Areas | ||
| The Council will permit developments alongside watercourse so long as they: | |||
| (a) | allow for the retention or creation of a "green" corridor following the watercourse, wherever possible and at least along one side, and | ||
| (b) | include improvements where appropriate to existing waterside features, and | ||
| (c) | enable the waterside environment and its ecology to be enhanced generally, avoiding the creation of a backyard character, and | ||
| (d) | do not involve watercourses being culverted and, where appropriate and in accordance with Environment Agency policy, include the removal of existing culverts, and. | ||
| (e) | avoid erosion or destruction of established habitats and associate species, and. | ||
| (f) | encourage the provision of new habitats in appropriate locations, and. | ||
| (g) | protect valuable floodplain habitats from development, and. | ||
| (h) | open up waterside land and frontages to public access where appropriate. | ||
| Rivers, brooks and canals are a prominent feature of the Borough, providing a major amenity for residents and visitors alike. Apart from their landscape qualities and value for informal recreation, they can function as important wildlife corridors. However, development has traditionally turned its back on these watercourses, with the result that unattractive and inaccessible sections of waterside have been created. Whilst considerable achievements have been made in recent years, through the river valley improvement projects and other measures, much remains to be done especially in the more heavily built up areas. | |||
| The purpose of this policy is to create a more attractive waterside environment, and one which will be more conducive to wildlife and recreation, taking advantage of opportunities which may arise through redevelopment or other proposals affecting adjacent sites. The policy confirms the need, in particular, for the protection and extension of green corridors along watercourses and continues the theme of the policies first established in the river valley local plans. The Council recognises that in its efforts to regenerate the Borough, good quality design and enhancement within all development projects is necessary to create an attractive and accessible waterside and maximise the value and use of an important asset. | |||
| N7 | Protected Species | ||
| The Council will not permit development which would have an adverse impact on badgers or species protected by Schedules 1, 5 and 8 of the Wildlife and Countryside Act as amended, unless it can be demonstrated by the applicant that any such impact can be successfully mitigated and the population status of the species be maintained at current levels. | |||
| PPG9 makes it clear that the presence of a protected species is a material planning consideration if the development proposal would be likely to result in harm to the species or its habitat. Local authorities are required to consult English Nature before granting planning permission in such circumstances and should consider attaching appropriate conditions or entering into planning obligations to secure protection. Part 1 of the Wildlife and Countryside Act 1981 and its schedules (which are reviewed every five years) afford protection to certain plants and animals, including all wild birds. Some animals including badgers are protected under other legislation. If certain tests are not met on a site supporting one or more of the species protected under the EU Habitats Directive (currently in Greater Manchester great crested newts, all bats, and floating water plantain) then the Government will not issue a licence and planning permission cannot legally be implemented. Where the presence of a protected species may be considered likely, the Council may request surveys prior to the determination of an application. | |||
 |
|||
 |
|
|
|
| Top
Go
to Map |
|||