CARACTERÍSTICAS DEL LÍDER

3.3.1 The Development Control Process

Since the TCPA 1947 Act development proposals are permitted through a case-by-case review system in Britain (Cullingworth and Nadin, 2002), with most developments requiring planning permission from the local planning authority before they can proceed. This is known as the development control process, and specialist environmental regulatory agencies are normally involved.

The definition of development is found in TCPA 1990, s.55(1) –

‘Development...means the carrying out of buildings, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land’

(England and Wales Town and Country Planning Act, 1990).

Development plans are non-binding documents produced by Local Planning Authorities (LPAs) for their respective areas and influence development in the area (Cullingworth and Nadin, 2002). The 1947 Act defined a development plan as ‘a plan indicating the manner in which a local planning authority propose that land in their area should be used’. Environmental protection is considered in these plans in line with central government policy guidance, i.e. which is currently enforced through the National Planning Policy Framework (NPPF) (DCLG, 2012). The development plan, the wider government policies and any other material considerations are taken into account when making a

66

decision on planning applications. Even when planning permission is granted, the local planning authorities can still impose some form of control over the development activities through setting conditions and entering into agreements (Cullingworth and Nadin, 2002). Planning policy in relation to biodiversity is discussed in section 3.9.

The recognition of the need to conserve nature in the planning system has improved over the last few decades, but the clash between economic development and protecting our green areas has caused much controversy of late, and a suitable compromise is always being sought. Monetary values are now being placed on the environment as a way of making people realise its value through the services it provides, see for example TEEB (2012), but this can only follow after a full investigation of potential planting regimes.

3.3.2 The Conservation of Nature in the Planning system.

3.3.2.1 Impact of EU on UK Planning for the Environment

Protection of the environment at the UK level has been largely influenced by the fundamental environmental policy and legislation developed at the EU level. Approximately 80% of all UK environmental legislation is derived from EU law, with excess of over 200 legal acts in force pertaining to a range of environmental factors (JNCC, 2011). The EU is a major source of environmental law, and threatened habitats and species are a key consideration for biodiversity conservation. Targets for their protection are in theory to be attained through the legislative protection they receive, with the EU and member states having joint legal capability and accountability in creating and actioning environmental legislation.

3.3.2.2 Protection of Species

An understanding of the protection awarded to species and habitats is needed for this research, as identifying species for habitat creation can be limited by certain legislation.

There are two EC Directives influential on UK conservation law, and which will continue to be so;

 Directive 79/409/EC on the Conservation of Wild Birds (the 1979 Wild Birds Directive), and

 Directive 92/43/EC on the conservation of Natural Habitats and of Wild Fauna and Flora (the 1992 Habitats Directive).

The Wildlife and Countryside Act (WCA) 1981 implements these EU Directives, protecting the Special Areas of Conservation (SACs) and Special Protection Areas (SPAs) in the UK which contribute to the EU Natura 2000 network (JNCC, 2010).

67

Certain species are awarded individual protection through the WCA 1981, and laws dealing with relevant EC directives. This is normally due to their vulnerable conservation status; a species may be endangered or suffering decline in population size or range, either within the UK or the European Union. Part 1 of the WCA 1981 (sch 5 and 8) and the Habitats Regulations are the two main parts of legislation protecting wild species of flora and fauna (ODPM, 2005a).

3.3.2.3 Protection against Invasive Species

Given that climate change may result in the recommendation for non-native species, legalities around non-natives may be very significant. Invasion by non-native species is a global issue and one of the major threats to biodiversity (Sala et al., 2000). The protection of communities against invasive non-native species, deliberately introduced, is administered through legal measures dealt within Section 14 and Schedule 9 of the WCA 1981. Section 14(2) of the Act prohibits the planting or spreading of certain invasive non-native plants into the wild in Great Britain; it is an offence under section 14(2) to “plant or otherwise cause to grow in the wild” any plants listed in Part II of Schedule 9 to the Act (which includes some established invasive non-native plants). Some, however, argue that the list is only limited to a few high risk species (Dehnen-Schmutz, 2011).

Although WCA 1981 is the principal legislation which regulates the release of non-native species, there are also international obligations to address problems posed by non-natives. The main international conservation agreement is the Convention on Biological Diversity (CBD), with 184 contracting parties (its role is discussed later in section 3.4.2). Under Article 8h, each contracting party is under obligation to

“as far as possible and as appropriate prevent the introduction of, control or eradicate those alien species which threaten ecosystems, habitats or species.” (UN, 1992a)

In relation to plants, the UK Government is also obliged under article 22 of the Habitats Directive to regulate the introduction of non-native species so as not to prejudice natural habitats or wild fauna and flora, with prohibition of introductions where deemed necessary. This is actioned through section 14 of the WCA 1981 in GB.

The EC Wildlife Trade Regulations regulate the import and sale of species which pose an ecological threat to native species, and the EC Plant Health Directive aims to safeguard native species from imported organisms, such as pests, parasites and diseases (Defra, 2003). There are also restrictions on the use of specific imported provenances of regulated tree species, as enforced by the EC Forest Reproductive Material Directive, to avoid the risk posed by non-native genotypes.

68 3.3.2.4 Environmental Assessment

There is an anticipatory element in the planning system, whereby a planning decision on certain projects cannot be made unless an environmental impact assessment (EIA) has been carried out under Environmental Assessment regulations. These identify any potential harmful environmental impacts that may arise as result of the development, including those to the ecology of the site or the surrounding landscape. Environmental effects are typically a material consideration of the planning process before permission is granted or refused (Bell and McGillivray, 2008), but there are certain developments which require a more rigorous assessment before construction commences, e.g.

power stations. The underlying philosophy is that prevention is better than cure, with any environmental effects being taken into account as early as possible when projects are being planned.