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CHAPTER 7: Nature Conservation
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7.1
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Introduction
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| 7.1.1 |
Although densely built-up, Wolverhampton contains pockets
of green space, trapped countryside and areas of open water which provide
a variety of habitats for a wide range of plant and animal species, some
of which, like the great crested-newt, are relatively rare. Buildings, gardens
and areas of "wasteland" are examples of other valuable urban wildlife habitats.
There are also a variety of natural and man-made geological features in
Wolverhampton which have value as archaeological relics and as educational
and nature conservation resources. The biological diversity or "biodiversity"
of wildlife found in Wolverhampton contributes towards the survival of species
at a regional and national level and also gives residents a valuable opportunity
to have direct daily contact with nature. |
| 7.1.2 |
As part of the creation of a green and healthy City, the
Wolverhampton Community Plan aims to: |
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- safeguard and improve natural green space, including parks and allotments;
- enhance school grounds for nature conservation and promote environmental
awareness among pupils;
- assess the potential for providing new or improving existing green
open space and wildlife habitats as part of new developments, especially
in areas which are deficient in such habitats.
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| 7.1.3 |
Policies in this Chapter and Policy D12 in Chapter 4: Design,
aim to protect and enhance biodiversity in Wolverhampton, whether this is
found on designated sites or in built-up areas, and to promote the improvement
and creation of habitats for wildlife, close to where people live and work.
This can be achieved through careful management and sensitive design of
buildings, landscaping and open spaces. The intention of the policies in
this Chapter is to ensure that there will be no overall reduction in biodiversity
due to development. |
| 7.1.4 |
Revised Planning Policy Guidance Note 9 on Nature Conservation
(1994) and the Conservation (Natural Habitats, etc.) Regulations 1994 now
provide a clearer national framework for the protection and enhancement
of regionally and locally important nature conservation sites and the wider
network of landscape features which are of value to wildlife. |
| 7.1.5 |
Regionally, there have been a number of nature conservation
initiatives in recent years. The Black Country Millennium Urban Forest has
created significant areas of new woodland in Wolverhampton. The Black Country
Nature Conservation Strategy was adopted in 1994 and a Birmingham and Black
Country Biodiversity Action Plan (BAP) was published in 2000, listing actions
that need to be taken to safeguard important local species and habitats.
Policies in this Chapter and associated Supplementary Planning Guidance
on Nature Conservation seek to address those actions which relate directly
to land use planning in Wolverhampton. |
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7.2
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Promotion of Nature Conservation
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| Policy N1: Promotion Of Nature
Conservation (Part I) |
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| The Council, in partnership with
a range of organisations and adjoining local authorities, and
developers (1) will
seek to secure the appropriate study, protection, management,
enhancement and expansion of Wolverhampton's existing nature
conservation resource, including the creation of new habitats
and features of value for nature conservation. The value of
Local Nature Reserves and Sites of Importance for Nature Conservation
will be strongly protected. |
| In particular, the Council
will seek to: |
- Carry out regular survey work, sufficient to effectively
monitor, protect and enhance Wolverhampton's nature conservation
resource, and make site designation criteria and survey
results publicly accessible, where appropriate;
- Prepare supplementary planning guidance on nature conservation
in relation to development control and land management;
- Develop the nature conservation value of open space within
its ownership by implementing sympathetic
management practices, subject to resources (2)
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- Enter into agreements to improve the use, treatment and
management of land of nature conservation value;
- Acquire land of high existing or potential nature conservation
value, subject to resources;
- Enhance public appreciation of wildlife in Wolverhampton
through, for example, improving access and signage, use
of promotional materials and work with schools;
- Ensure that there is no overall reduction in biodiversity
due to development. ;
and
- Wherever possible, ensure an enhancement
in biodiversity through new development (3).
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| 7.2.1 |
Nature conservation resources are constantly changing in
response to a variety of factors, including natural evolution and management
practices. The use of land for recreation or the encroachment of new built
development can damage or destroy vulnerable habitats, especially where
sites are small or isolated. In an urban area such as Wolverhampton, where
nature conservation resources are limited, it is extremely important to
protect and manage these resources appropriately and to take opportunities
to create new resources on existing open space and via new development.
In many cases, management practices which favour wildlife cost little but
can create rich new habitat within a relatively short period of time. |
| 7.2.2 |
It is also important to maximise the value of wildlife for
local residents, both for recreation and education. The Council, in conjunction
with the Wildlife Trust for Birmingham and the Black Country, runs a Natural
Curriculum Project, which promotes nature conservation education to schools
and helps schools to create nature areas in their grounds. The Council also
produces promotional leaflets and runs guided walks for the public at various
nature conservation sites around Wolverhampton. |
| 7.2.3 |
In order to make effective management decisions, up-to-date
survey information and technical expertise and advice are needed. The Council
is committed to carry out regular surveys of important nature conservation
areas and developers will also be required to produce survey reports to
accompany development proposals which may affect wildlife. This information
will feed into EcoRecord, the habitat and wildlife database for Birmingham
and Black Country, managed by the Local Authorities and the Wildlife Trust.
Studies of habitat creation and management practices, a number of which
have already taken place in Wolverhampton, also help build up local information
and expertise. |
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| 7.2.4 |
The Council will seek to work in partnership with others to
promote nature conservation in Wolverhampton and consult partners, where
appropriate, throughout the planning process. Partners will include English
Nature, The Wildlife Trust for Birmingham and the Black Country, the University
of Wolverhampton, neighbouring Local Authorities, wildlife groups and local
people. |
| 7.2.5 |
A positive and pragmatic approach will be taken to the planning
and management of open space owned by the Council itself. Projects to enhance
biodiversity will be developed and prioritised, with reference to the Birmingham
and Black Country Biodiversity Action Plan and the Council's Parks and Green
Spaces Strategy, and on the basis of: |
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- Potential for the enhancement of biodiversity and linkages with other
natural green space;L
- Local access to natural green space (as defined under Policy N2);
- Results of public consultation and practical support from the local
community;
- Ability to implement and maintain the proposal; · Value for money.
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7.3
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Access to Natural Green Space
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| Policy N2: Access To Natural
Green Space |
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| The Council will seek to
ensure that all residents have access to a natural green space
within 400m of their home. In areas falling short of this requirement,
the protection and provision of publicly accessible natural
green space of value for wildlife will be a high priority. |
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| 7.3.1 |
Everyday contact with nature is important for the well-being
and quality of life of local people and as an educational resource. However,
there are many areas of Wolverhampton where residents have little access
to natural green space. Natural green space is defined as any area of open
space or water, including watercourses, (4)
which is of value for wildlife or for geological features, or is managed
to encourage colonisation by wildlife, whether in public or private ownership.
In Wolverhampton this includes a hierarchy of sites, ranging from the regionally
important Local Nature Reserves (LNRs) and Sites of Importance for Nature
Conservation (SINCs), through Sites of Local Importance for Nature Conservation
(SLINCs), to sites which are currently undesignated (due to their low quality
or lack of information) but have the potential for enhancement over time. |
| 7.3.2 |
English Nature have proposed a number of standards for provision
of accessible natural green space. At present, Wolverhampton is a long way
from meeting all of these standards. The Council has, nevertheless, adopted
a similar standard on access to natural green space. Accessibility in relation
to recreational open space is defined in Chapter 12: Open Space, Sport and
Recreation. An exercise is underway to map known areas of accessible natural
green space and identify areas which do not meet this standard. The results
will be incorporated into Supplementary Planning Guidance on Nature Conservation
and the Wolverhampton Parks and Green Spaces Strategy and used to define
further open space, sport and recreation priority areas, as detailed in
Policy R2. All recreational open space in Wolverhampton
is protected under Policy R3. (5) |
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| 7.3.3 |
In such areas, the creation, protection, enhancement and
appropriate management of natural green space will be a priority and the
Council will expect development proposals to take all possible opportunities
to preserve and create accessible natural green space. The Council will
also seek voluntary management agreements to create habitats on temporarily
vacant sites in these areas. |
| 7.3.4 |
All recreational open space in
Wolverhampton is protected under Policy R3 and a full list of current standards
for the provision of different types of recreational open space is given
in the Wolverhampton Open Space, Sport and Recreation Standards (Table 12.1).
(5) |
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7.4
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Nature Conservation Sites
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| Policy N3: Protection Of
Sites Of Importance For Nature Conservation |
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| Development likely to have
a harmful effect on the nature conservation or geological value
of all or part of a Site of Importance for Nature Conservation
(SINC) will not be permitted. |
| Where a proposed development
site adjoins a SINC, the Council will seek to secure the protection
and long term management of important habitats or features,
through the use of conditions, planning obligations or management
agreements, where appropriate. Developers may be required to
submit an ecological survey and impact assessment to accompany
any proposal or as a condition of any permission. |
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| 7.4.1 |
In Wolverhampton there are currently no nature conservation
sites considered to be of sufficient national importance to merit statutory
protection, such as Sites of Special Scientific Interest or National Nature
Reserves. However, there are currently 148 ha of regionally important sites
for wildlife or geology, called Sites of Importance for Nature Conservation
(SINCs). SINCs in Wolverhampton cover a wide range of habitats, from wildflower
meadows and ancient woodlands to pools and abandoned quarries. SINCs are
designated by English Nature, following a detailed survey and assessment
of value for wildlife, geology and the local community. The SINC system
originated in the West Midlands and has the support of the Metropolitan
Councils, the Black Country Geological Society and the Wildlife Trusts. |
| 7.4.2 |
A full survey of all existing and potential SINCs in Wolverhampton
was carried out during 2000/2001, and resulted in the designation of 44
has of new SINCs, the loss of 5 ha SINCs and the alteration of a number
of boundaries. The revised boundaries of all current SINCs are shown on
the Proposals Map and a full list is provided in Appendix 4 to this Plan.
The Council will ensure that all existing and potential SINCs are re-surveyed
at least once every 5 years during the lifetime of the UDP, in accordance
with Black Country Nature Conservation Strategy and Biodiversity Action
Plan targets. |
| 7.4.3 |
SINCs are prime nature conservation assets which it would
be almost impossible to replace if lost. 2% of Wolverhampton's total land
area is designated as SINC, a lower proportion than any other West Midlands
District. It is, therefore, of great importance that SINCs should be protected
from inappropriate development and properly managed in order to prevent
any loss of valuable wildlife, habitats or geological features. |
| 7.4.4 |
Policy N3 will apply to any further SINCs designated following
survey work during the lifetime of the plan, and also to SSSIs, should any
be designated by English Nature. |
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| Policy N4: Protection, Declaration
And Enhancement Of Local Nature Reserves |
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| Development likely to have
a harmful effect on the nature conservation value of all or
part of a Local Nature Reserve will not be permitted. The
Council will seek to enhance the nature conservation value and
the level of interpretation provision of Local Nature Reserves.
(6) |
| The Council will seek to
declare the following sites as Local Nature Reserves over the
lifetime of the UDP: |
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1. Northycote Farm, Bushbury (See Policy
G7) (7)
2. Extensions to existing Smestow Valley Local Nature Reserve
3. Parts of Goldthorn Wedge, including Ashen and Park Coppices
(private)
4. Brook Point Pool (private)
5. Monmore Green disused railway
6. Ladymoor Pool
7. Peascroft Wood
8. Springvale Park
9. The Gorge, Cinder Hill
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| The Council will, where
possible, seek to enhance and increase access to and
links between (8) Local
Nature Reserves, where this will not harm their nature conservation
value. |
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| 7.4.5 |
Sites which are of regional importance for wildlife and are
also of educational and recreational value to the local community can be
designated as Local Nature Reserves (LNRs) by the Local Authority. In such
cases, the Council makes a commitment to manage the site for the benefit
of the local community and can pass byelaws protecting the site and apply
for grant aid to carry out improvements. In 1998, Smestow Valley was designated
Wolverhampton's first Local Nature Reserve. The 48 ha site supports a wide
variety of woodland, grassland and wetland habitats and is an important
wildlife corridor, running alongside the Valley Park pathway (a disused
railway) and the Staffordshire and Worcestershire Canal. |
| 7.4.6 |
English Nature recommend that 1ha of Local Nature Reserve
should be provided for every 1,000 residents. Wolverhampton falls below
this standard by 194 ha. The Council has identified a number of sites which
it will seek to declare as LNRs during the lifetime of the UDP, to increase
present provision to 0.5 ha per 1,000 residents. These sites, shown on the
proposals map and listed in Policy N4, have been prioritised in accordance
with Policies N1 and N2. As Council resources are limited and not all sites
are owned by the Council, management options, such as partnership arrangements
and the use of trusts will be explored, where appropriate. The Council will
also encourage South Staffordshire District Council to declare Pendeford
Mill a LNR. Any LNR declared during the lifetime of the UDP will be subject
to Policy N4. |
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| Policy N5: Protection Of
Sites Of Local Importance For Nature Conservation And Landscape
Features Of Value For Wildlife Or Geology |
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| Where a proposed development
site includes or adjoins: |
- A Site of Local Importance for Nature Conservation; or
- Any landscape feature of value for wildlife, as specified
in the Conservation (Natural Habitats, etc.) Regulations
1994,
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| the protection and long
term management of important features will be sought through
the use of conditions, planning obligations or management agreements,
where appropriate. Developers will usually be required to submit
an ecological / geological survey and impact assessment to accompany
any proposal. |
| Development which may have
a harmful effect on the nature conservation value, geological
value or integrity as a wildlife corridor, of such sites or
features will only be permitted in exceptional circumstances,
where the benefits generated by the development would clearly
outweigh nature conservation considerations. |
| In such cases, developers
will be required, through the use of conditions, planning obligations
or management agreements where appropriate, to minimise any
harm caused and to carry out sufficient measures to compensate
for any harmful effects, as defined in Supplementary Planning
Guidance on Nature Conservation. |
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| 7.4.7 |
In addition to SINCs and LNRs, Wolverhampton currently contains
136 ha of sites of local importance for wildlife and geology. These sites
were originally identified by the Wildlife Trust for Birmingham and the
Black Country and The Black Country Geological Society as Sites of Local
Importance for Nature Conservation (SLINCs), following a Habitat Survey
in the late 1980s. It is particularly important to protect and properly
manage SLINCs in Wolverhampton, as there are few SINC sites and no nationally
important sites. Also, it has been demonstrated that habitat creation and
appropriate management over a number of years can result in the enhancement
of SLINC sites to SINC status. |
| 7.4.8 |
All current SLINCs are listed in Appendix 4 to this Plan
and the boundaries of these sites are shown on the proposals map. Two thirds
of the original total SLINC site area was surveyed in 2000/2001 and 43 ha
was found to have increased to SINC value. A further 22 ha of natural green
space was surveyed and found to be of SLINC value. There are further natural
green spaces in Wolverhampton which need to be surveyed to discover if they
are of SLINC value. The Council will carry out a rolling re-survey programme
for remaining SLINCs and other sites over the lifetime of the Plan. Any
new SLINCs identified as a result of this survey work will be subject to
Policy N5. |
| 7.4.9 |
Although some sites are of particular value for nature conservation,
their value is greatly enhanced by the presence of wider networks of natural
green space which act as important wildlife corridors and reservoirs for
biodiversity, as well as giving local communities access to wildlife on
their doorstep. Section 37 of the Conservation (Natural Habitats, etc.)
Regulations 1994 recognises the importance of linear and "stepping stone"
landscape features for the migration, dispersal and genetic exchange of
wild flora and fauna and requires Councils to maintain and enhance such
features and their integrity as wildlife corridors. |
| 7.4.10 |
The following landscape features are considered of importance
for wildlife in Wolverhampton: |
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- Hedgerows
- Old walls, including slag walls
- Linear tree belts and individual trees of special interest
- Plantations and semi-natural or ancient woodlands
- River / stream corridors
- Canals
- Ponds, lakes and reservoirs
- Natural green spaces
- Wild roadside verges
- Active rail transport corridors
- Redundant railway corridors
- Urban "wasteland" sites characterised by limiting environmental conditions
(especially at early stages of succession)
- Gardens and Allotments
- The Built Environment (9)
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| 7.4.11 |
A number of these landscape features form part of the Wolverhampton
Greenway Network and are protected under Policy R6. Urban forestry and canals
are also protected under Policies N7 and HE22 respectively. The Black Country
Nature Conservation Strategy, adopted in 1994, identifies a network of important
wildlife corridors in the Black Country. Policy N5 also applies a number
of sites identified in the 2000/2001 SINC survey report as having potential
nature conservation value, although they currently have no SINC / SLINC
designation. |
| 7.4.12 |
Policy N5, which should be read alongside Policy D12, strongly
controls any development which may harm the nature conservation value of
a SLINC, or any of the landscape features listed above. Depending on the
nature of the site and the development proposed, an ecological / geological
survey and impact assessment will usually be required, which should: |
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- identify the current nature conservation / geological value of the
site;
- identify the potential effects of the proposed development on the
nature conservation / geological value of the site;
- predict and evaluate the significance of these effects;
- identify any compensatory measures which could be put in place to
mitigate for these effects.
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| 7.4.13 |
Supplementary Planning Guidance on Nature Conservation will
be prepared which will detail the requirements of an ecological / geological
survey and impact assessment and suggests appropriate measures to avoid
or compensate for any harmful effects. In most cases, development can be
designed or controlled so as to preserve and protect natural features, for
example, by fencing or bunding off areas or restricting harmful operations
or uses to specific times of year. |
| 7.4.14 |
In the few cases where loss of a landscape / geological feature
is unavoidable, compensation will usually involve the creation and long
term management of one site, of more than equivalent size and similar quality
and habitat type to that lost, located on nearby open space. It is necessary
to provide a larger area than that lost in order to compensate for the disturbance
caused to local ecosystems during the many years it takes for new habitats
to become established. Improvements to the quality or accessibility of remaining
landscape / geological sites or features may also be acceptable compensation
in areas where there is a large amount of accessible natural green space,
as identified in the Wolverhampton Parks and Green Spaces Strategy. The
relative ease or difficulty of creating different habitat types / geological
exposures will be taken into account when deciding the acceptability of
compensatory measures. In all cases, detailed landscape plans must be submitted
and agreed before planning permission will be granted. |
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7.5
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Hedgerows and Woodland
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| Policy N6: Protection of
Important Hedgerows |
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| Council approval must be
sought for any works involving damage to or removal of a hedgerow
of potential importance, as defined by the Hedgerows Regulations
(1997). |
| The Council will seek to
protect important hedgerows, as defined by the Hedgerows Regulations
(1997), through refusal to grant consent for such works or through
the use of conditions, planning obligations or management agreements
to secure long term management, where appropriate. |
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| 7.4.15 |
Certain important hedgerows are given protection by the Hedgerows
Regulations 1997. Under these regulations, the Council must give approval
for any plans to remove a hedgerow which is over 20m long (or meets at each
end with other hedgerows), and adjoins agricultural or forestry land, a
Local Nature Reserve or land used for keeping or breeding of horses, ponies
or donkeys. The regulations do not apply to hedgerows bounding domestic
properties. If the hedgerow is considered important, against a list of criteria
(available on request), the Council can refuse consent to remove it or impose
conditions on the consent to ensure long term management of any remaining
hedgerow. Any breach of the regulations is a criminal offence. |
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| Policy N7: The Urban Forest |
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| The Council will, in partnership
with others, seek to preserve, enhance and extend the urban
forest within Wolverhampton, by: |
- Ensuring trees and areas of woodland
(10) are properly managed
and maintained and taking opportunities to plant new trees
and (10) areas of
woodland on land in council and private ownership, where
appropriate;
- Encouraging short term forestry techniques on temporarily
vacant sites;
- Discouraging the removal of mature, healthy trees, including
the placing of tree preservation orders on trees worthy
of and in need of protection;
- Requiring, where appropriate, the replacement of trees
removed with council consent, with trees of a size and species
specified by the council;
- Maintaining and re-establishing trees within the street
scene;
- Protecting and enhancing existing hedgerows and ancient
and semi-natural woodlands.
The Council will require that native
species of local provenance are used in planting and landscaping,
where possible. (10)
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| 7.5.1 |
Tree and woodland cover has a major role to play in improving
the quality of urban life and helping to secure regeneration and economic
revitalisation. Trees help to reduce the effects of pollution, generate
health benefits, provide wildlife habitats, and are also a renewable source
of energy and wood products. Woodland can also contribute to local character
and distinctiveness and the overall appearance of the landscape, and also
improve surroundings for leisure and recreation. |
| 7.5.2 |
The term "urban forest" describes all the trees, woodland
and associated green space in an urban area, including street and garden
trees, hedgerows, trees in open spaces, newly planted woodland and woodland
which has colonised derelict land. Wolverhampton contains approximately
450 ha of woodland and over 13,000 street trees. |
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| Policy N8: Tettenhall Ridge
Ancient Woodland |
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| The Council will seek to
ensure that any woodland or trees of value within the Tettenhall
Ridge Ancient Woodland area are protected and managed appropriately,
to prolong their life, through the use of planning conditions
or planning obligations, as appropriate. (11) |
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| 7.5.3 |
There are two known ancient semi-natural woodlands in Wolverhampton
(Park Coppice and Ashen Coppice SINCs) and two known areas of plantation
on ancient sites (Mount Hotel Woodland SINC and Tettenhall Ridge). Ancient
woodland formerly dominated the Tettenhall Ridge area, the approximate boundary
of which is shown on the Proposals Map. The 2000/2001 nature conservation
survey revealed that along the Ridge there are many small patches of ancient
woodland and groups and individual veteran trees surviving, in public and
private ownership, some of which are not protected under other designations.
Policy N8 aims to protect as much of the remaining woodland and tree resource
as possible. |
| 7.5.4 |
There is a history of urban forestry planting in Wolverhampton
which stretches back 20 years. The most recent initiative is the Black Country
Millennium Urban Forest, a project funded with Lottery and Forestry Commission
money, which has planted 61 ha of new woodland in Wolverhampton to date.
Urban forestry planting has contributed greatly towards the enhancement
of derelict and vacant land, run-down urban green space and, through management
grants, neglected parks and woodlands. |
| 7.5.5 |
The Black Country Urban Forest Strategy (1995) stresses the
need to protect and properly manage both mature and new woodland and trees
in the urban environment. The Council, as a partner in the Black Country
Urban Forest, is committed to maintaining woodland cover at least 7.5% of
the City's land area, following completion of the current planting programme,
and will continue to take opportunities to improve management of and extend
this cover. The boundaries of sites currently managed as Black Country Urban
Forest are held by the Council and are available on request. Policy D8 will
ensure that opportunities are taken to introduce new native trees and woodland
as part of the development process and that any unavoidable loss of trees
is compensated for. Woodland habitats are also protected under Policies
N3, N4 and N5. |
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7.6
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Wildlife Species
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| Policy N9: Protection Of
Wildlife Species |
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| Where there is a strong
indication that a proposed development site is made use of by: |
- Badgers;
- Species listed in schedules 1, 5 or 8 of the Wildlife
and Countryside Act 1981, as amended;
- Species listed in schedules 2, 3 or 4 of the Conservation
(Natural Habitats, etc.) Regulations 1994; or
- Any other species listed in current Supplementary Planning
Guidance on Nature Conservation,
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| the Council will seek to
secure the long term protection and management of breeding,
resting or feeding habitats, sufficient to safeguard current
populations of such species, through the use of conditions,
planning obligations or management agreements, where appropriate.
Developers will usually be required to submit an ecological
survey and impact assessment to accompany any proposal. |
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| Policy N9: Protection Of
Wildlife Species |
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| Development proposals that would
harm wildlife species protected by law, species identified in
the UK or Birmingham and Black Country Biodiversity Action Plan,
and species that are rare and vulnerable in the Black Country,
and their habitat requirements, will only be permitted where
it can be demonstrated clearly that measures to protect the
species have been proposed. |
| In addition, where a development
is used by species protected under Schedule 2 of the Habitats
Regulations, planning permission will not be granted unless
all the requirements of Article 16 of the Habitats Directive
have been met, that is: |
- The development is for reasons of public health and safety
or overriding public interest;
- There is no satisfactory alternative to the development
proposal; and
- The development would not be detrimental to the maintenance
of the population of the species in its natural range.
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| Where there is a strong indication
that a proposed development site is made use of by wildlife
species protected by law, species identified in the UK or Birmingham
and Black Country Biodiversity Action Plan, and species that
are rare and vulnerable in the Black Country, proposals will
be required to: |
- Provide an ecological survey and impact assessment;
- Accommodate the long-term needs of these species in the
design and layout of the proposal;
- Adequately mitigate any effects on the active breeding,
resting, or feeding habitat requirements of these species
in order to minimise any adverse harm caused so that population
levels are sustained.
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| Through the use of conditions,
planning obligations and management agreements, the Council
will seek to secure: |
- The implementation of sufficient mitigation measures
to compensate for any adverse effects and to minimise any
harm caused to such species;
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long-term protection and management of breeding, resting and
feeding habitats sufficient to safeguard current populations
of such species. (12) |
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| 7.6.1 |
The Wildlife and Countryside Act 1981 (as amended), The Conservation
(Natural Habitats, etc.) Regulations 1994 and the Badgers Act 1992 give
varying degrees of legal protection to a number of threatened wildlife species.
Species known to occur in Wolverhampton include great-crested newts, badgers,
bats, water voles and floating water plantain. Legislation usually protects
the animals or plants themselves and breeding or resting sites. However,
feeding areas and habitats occupied for only part of the year, but which
are essential to the survival of the species, are not legally protected.
The Birmingham and Black Country Biodiversity Action Plan (BAP) makes reference
to legally protected species, but also to species of national importance
for biodiversity and species characteristic of the Birmingham and Black
Country area which are believed to be declining or under threat. |
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| 7.6.2 |
The revised PPG9 on Nature Conservation (1994) considers the
presence of protected species to be a material planning consideration. Protected
species and BAP species often occur outside designated wildlife sites and
some, like bats, are often dependent on the built environment itself as
a habitat. In order to protect these species, it is important that new development
takes their presence into account and mitigates for any unavoidable harmful
effects. |
| 7.6.3 |
Supplementary Planning Guidance (SPG) on Nature Conservation
will list all species known to be found in Wolverhampton which are either
legally protected species, species of national importance for biodiversity
or species characteristic of the Birmingham and Black Country area which
are believed to be declining or under threat. This list of species may be
amended during the life of the plan in response to reviews of relevant legislation
or survey work revealing the existence of new species or the vulnerability
of existing species in the Wolverhampton area. |
| 7.6.4 |
Policy N9 sets out how the Council will seek to protect the
habitats used by these species from inappropriate development and should
be read alongside Policy D12. SPG on Nature Conservation will, for each
species provide details of any legal protection, ecological survey and impact
assessment procedures and measures that should be taken to accommodate habitat
requirements in site design and layout. In all cases, detailed landscape
plans must be submitted and agreed before planning permission will be granted. |
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| REASONS FOR PROPOSED CHANGES |
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1.
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In response to objection 136/523 |
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2.
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In response to objection 115/385 |
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3.
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In response to objection 135/504 |
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4.
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In response to objection 135/505 |
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5.
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For clarification in line with amendments
made to supporting text in Chapter 12 (removal of table 12.2). |
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6.
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In response to objection 115/461 |
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7.
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In response to objection 171/761 |
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8.
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In response to objection 27/68 |
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9.
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In response to objection 135/517 |
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10.
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In response to objection 115/390 |
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11.
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In response to objection 144/636 |
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12.
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In response to objection 115/391 and 99/312
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