5 Towards Developing Guidelines
51
5.5.3
Planning Policy Guidance and Other Legislative Instruments
It is important that the proposed barrage scheme complies with government policies,
and strategies such as the planning procedure will examine the scheme in this context.
The Government, Environment Agency, local authorities and many other organisations
are developing procedures to achieve effective coastal zone management. The Severn
Estuary Strategy is an example of a collaborative venture which will influence the land
and water environment development.
The UK Government's objectives for nature conservation, including the means by
which UK obligations under international conventions and European and national law
are to be met, are detailed in Planning Policy Guidance Note, No 9, Nature Conservation
(DoE 1994). With regard to protection of species and habitats a variety of legislative
instruments are of significance:
UK
• Schedules 5 and 8 of the UK Wildlife and Countryside Act 1981 list animal and plant
species which are strictly protected under the Act.
• Terrestrial sites of significance for nature conservation within England and Wales
are notified by English Nature and the Countryside Council for Wales as Sites of
Special Scientific Interest (SSSI) under the Wildlife and Countryside Act 1991.
• Marine sites of conservation significance within the UK are designated as Marine
Nature Reserves (MNR) under the UK Wildlife and Countryside Act 1981.
EuropeQn
• Annexes IV and V of the EC Habitats Directive list animal and plant species in the
European Union in need of protection. Part III of the Conservation (National Habitats, and Conservation) Regulations (HMSO 1994) provide for the protection of these
species occurring in the UK.
• Wetland sites of international significance such as waterfowl habitat are designated
as RAMSAR sites under the "RAMSAR" Convention on Wetlands of International
Importance.
• Additional designations apply to areas protected as European sites under EU Directives implemented through the Conservation (Natural Habitats and Conservation)
Regulations 1994.
• Special Protection Areas (SPA) are designated under the Birds Directive. Many estuaries and coastal areas come into this category.
• Special Areas of Conservation (SAC) are designated under the Habitats Directive as
are European Marine Sites.
After an assessment of a scheme's likely impact on the conservation objectives of
any of the variously designated sites listed above, development can only be permitted
where "in the absence of alternative solutions it must be carried out for imperative
reasons of overriding public interest - including those of a social and economic nature". If a development is allowed to proceed on such a basis all compensating measures must be taken to ensure that the overall coherence of the European network of
SPAs and SACs - known as "Natura 2000" - is maintained.
51
5.5.3
Planning Policy Guidance and Other Legislative Instruments
It is important that the proposed barrage scheme complies with government policies,
and strategies such as the planning procedure will examine the scheme in this context.
The Government, Environment Agency, local authorities and many other organisations
are developing procedures to achieve effective coastal zone management. The Severn
Estuary Strategy is an example of a collaborative venture which will influence the land
and water environment development.
The UK Government's objectives for nature conservation, including the means by
which UK obligations under international conventions and European and national law
are to be met, are detailed in Planning Policy Guidance Note, No 9, Nature Conservation
(DoE 1994). With regard to protection of species and habitats a variety of legislative
instruments are of significance:
UK
• Schedules 5 and 8 of the UK Wildlife and Countryside Act 1981 list animal and plant
species which are strictly protected under the Act.
• Terrestrial sites of significance for nature conservation within England and Wales
are notified by English Nature and the Countryside Council for Wales as Sites of
Special Scientific Interest (SSSI) under the Wildlife and Countryside Act 1991.
• Marine sites of conservation significance within the UK are designated as Marine
Nature Reserves (MNR) under the UK Wildlife and Countryside Act 1981.
EuropeQn
• Annexes IV and V of the EC Habitats Directive list animal and plant species in the
European Union in need of protection. Part III of the Conservation (National Habitats, and Conservation) Regulations (HMSO 1994) provide for the protection of these
species occurring in the UK.
• Wetland sites of international significance such as waterfowl habitat are designated
as RAMSAR sites under the "RAMSAR" Convention on Wetlands of International
Importance.
• Additional designations apply to areas protected as European sites under EU Directives implemented through the Conservation (Natural Habitats and Conservation)
Regulations 1994.
• Special Protection Areas (SPA) are designated under the Birds Directive. Many estuaries and coastal areas come into this category.
• Special Areas of Conservation (SAC) are designated under the Habitats Directive as
are European Marine Sites.
After an assessment of a scheme's likely impact on the conservation objectives of
any of the variously designated sites listed above, development can only be permitted
where "in the absence of alternative solutions it must be carried out for imperative
reasons of overriding public interest - including those of a social and economic nature". If a development is allowed to proceed on such a basis all compensating measures must be taken to ensure that the overall coherence of the European network of
SPAs and SACs - known as "Natura 2000" - is maintained.