52
T.N. Burt . I.e. Cruickshank· M.A. Littlewood
5.5.4
The Habitats Directive
The Habitats Directive has significant implications for future barrage schemes and it is
therefore appropriate to discuss this particular directive in more detail. These implications were examined by Huggett (1996). The key element of this Directive, in the context of barrage construction, is that pertaining to the habitat protection requirements
and in particular that of "favourable conservation status". This is being achieved with
the creation of the European-wide network of designated areas, called the Natura 2000 Network, which comprises Special Protection Areas (SPA) and the Special Areas of Conservation (SAC). Fundamental to barrage development is the requirement for member
states to ensure that the habitats within the SACs do not deteriorate and that species are
not exposed to significant disturbance.
This Directive sets the agenda for the decision makers. The procedure includes undertaking an assessment of whether there will be "adverse effects on the integrity of the site"
due to the (barrage) construction. If there will be, then consent must be refused unless
alternative less damaging solutions can be found or there is imperative overriding public
interest for giving consent. In this case compensatory measures should be undertaken.
The integrity of the site is defined in the UK Planning Policy Guidance Note, NO.9,
Nature Conservation, as the coherence of its ecological structure and function, across
the whole area, that enables it to sustain the habitat, complex of habitats and/or levels
of populations for which it was classified. It is not possible in this chapter to examine
the full implications of this Directive. At first glance the Directive precludes changed
environments which would be generated by many barrages. However, many of the implications are still to be tried and tested. Huggett concluded:
"Implementation of the Habitats Directive, along with the Birds Directive, is complex. Both raise a
number of questions to which there are currently no definitive answers. Indeed, with respect to
some questions it is likely that agreement on the answers and correct interpretation of the law will
not be immediately possible. In such cases, it may be necessary to seek clarification from the European Commission through the European Court. Similarly, the implications of a barrage development are not necessarily certain or clear cut. Reducing uncertainty and the degree to which the
precautionary principle must be advocated will be needed before some tests of the Directive can be
adequately passed.
However, whilst these problems are significant, they should not be insurmountable. The Habitats
Directive should not be seen as a barrier to barrages. Indeed, it may be that some barriers may be
needed in the future to actually protect the nature conservation interests of the SPAs and SACs.
What the Habitats Directive does provide is a framework within which to balance the economic and
social needs of a Member State with the European importance of the site and the Natura 2000 Network as a whole:'
5.5.5
Recreation and the Amenity Plan
Environmental policy must also take account of recreational needs as well as the ecological needs. Provision for recreation facilities is usually one of the main criteria in the
planning of an amenity barrage scheme. Facilities may be provided for the following
recreation types:
• Sailing
• Windsurfing
T.N. Burt . I.e. Cruickshank· M.A. Littlewood
5.5.4
The Habitats Directive
The Habitats Directive has significant implications for future barrage schemes and it is
therefore appropriate to discuss this particular directive in more detail. These implications were examined by Huggett (1996). The key element of this Directive, in the context of barrage construction, is that pertaining to the habitat protection requirements
and in particular that of "favourable conservation status". This is being achieved with
the creation of the European-wide network of designated areas, called the Natura 2000 Network, which comprises Special Protection Areas (SPA) and the Special Areas of Conservation (SAC). Fundamental to barrage development is the requirement for member
states to ensure that the habitats within the SACs do not deteriorate and that species are
not exposed to significant disturbance.
This Directive sets the agenda for the decision makers. The procedure includes undertaking an assessment of whether there will be "adverse effects on the integrity of the site"
due to the (barrage) construction. If there will be, then consent must be refused unless
alternative less damaging solutions can be found or there is imperative overriding public
interest for giving consent. In this case compensatory measures should be undertaken.
The integrity of the site is defined in the UK Planning Policy Guidance Note, NO.9,
Nature Conservation, as the coherence of its ecological structure and function, across
the whole area, that enables it to sustain the habitat, complex of habitats and/or levels
of populations for which it was classified. It is not possible in this chapter to examine
the full implications of this Directive. At first glance the Directive precludes changed
environments which would be generated by many barrages. However, many of the implications are still to be tried and tested. Huggett concluded:
"Implementation of the Habitats Directive, along with the Birds Directive, is complex. Both raise a
number of questions to which there are currently no definitive answers. Indeed, with respect to
some questions it is likely that agreement on the answers and correct interpretation of the law will
not be immediately possible. In such cases, it may be necessary to seek clarification from the European Commission through the European Court. Similarly, the implications of a barrage development are not necessarily certain or clear cut. Reducing uncertainty and the degree to which the
precautionary principle must be advocated will be needed before some tests of the Directive can be
adequately passed.
However, whilst these problems are significant, they should not be insurmountable. The Habitats
Directive should not be seen as a barrier to barrages. Indeed, it may be that some barriers may be
needed in the future to actually protect the nature conservation interests of the SPAs and SACs.
What the Habitats Directive does provide is a framework within which to balance the economic and
social needs of a Member State with the European importance of the site and the Natura 2000 Network as a whole:'
5.5.5
Recreation and the Amenity Plan
Environmental policy must also take account of recreational needs as well as the ecological needs. Provision for recreation facilities is usually one of the main criteria in the
planning of an amenity barrage scheme. Facilities may be provided for the following
recreation types:
• Sailing
• Windsurfing