Chapter 11
Nature Conservation
NC1 |
Site Protection |
NC2 |
Protection of Species |
NC3 |
Habitat Protection, Creation and Management |
Objective
To protect, enhance and encourage the positive management of Sefton’s sites, habitats and species of nature conservation value.
Indicators
(Combined indicators for Nature Conservation and The Coast Chapters)
11.1/12.1 Area and condition of land designated as SSSIs.
11.2/12.2 Changes (losses and gains) in the area of designated sites of local significance as a result of development.
Key partners
Environment Agency, English Nature, Merseyside Biodiversity Group
Introduction
11.1 For a metropolitan authority Sefton is remarkably rich in natural value. The diversity of life - or ‘biodiversity’ as it is known - is a key part of sustainable development.
11.2 Major habitats include duneland, woodland, wetlands, salt marshes, intertidal foreshores, farmland and heathland. Most of the coastal zone (see Chapter 12 ‘The Coast’) is of high nature conservation value and is protected under European and national legislation.
11.3 The United Kingdom signed the Biodiversity Convention1 at the Rio Earth Summit in 1992. In response to its obligations under the Convention, the Government published ‘Biodiversity: The UK Action Plan’ in 1994. This sets out the conservation strategy for the next 10 and 20 years and has led to the production of Local Biodiversity Action Plans.
11.4 For Sefton, this is the North Merseyside Biodiversity Action Plan (NMBAP) in which the Council is a key partner. The Plan sets out objectives and targets for restoring habitats and species at the local level. Through the NMBAP the Council will endeavour to protect sites and species, improve land management, create links between wildlife habitats and promote wildlife conservation to all communities.
11.5 Nature conservation also has a major role to play in urban regeneration through providing access to wildlife in urban areas. Biodiversity can be enhanced as part of development and regeneration projects. Nature conservation sites create a local sense of pride and appreciation.
11.6 Although it can make a significant contribution, the Plan does not attempt to address the issues of nature conservation on its own. In addition to the NMBAP, other plans and strategies promote nature conservation within Sefton. These include the Alt/Crossens and Lower Mersey Local Environment Agency Plans and the Sefton Coast Management Plan.
POLICY NC1
SITE PROTECTION
-
Development will not be permitted which would harm the nature
conservation objectives or integrity of the following sites
of international, national, or local importance, as identified
on the Proposals Map:
International
-
designated and proposed Ramsar Sites;
-
designated and potential Special Protection Areas;
-
designated and candidate Special Areas of Conservation;
National
-
Sites of Special Scientific Interest;
-
National Nature Reserves;
Local
-
Local Nature Reserves;
-
Sites of Local Biological/Geological Interest.
-
In the case of international sites identified in (a) - (c),
development will only be allowed where there are no alternative
solutions and there are imperative reasons of overriding public
interest.
-
In the case of national sites identified in (d) and (e),
development will be subject to special scrutiny. Development
which may have an adverse affect, directly or indirectly,
on the special interest of the site will not be permitted
unless the reasons for the development clearly outweigh the
nature conservation value of the site itself.
-
In the case of local sites identified in (f) and (g), exceptions
will only be allowed where the reasons for development clearly
outweigh the impact on the nature conservation value of the
sites.
-
In all cases it must be shown that:
-
the development cannot reasonably be located elsewhere;
-
harm to the nature conservation value of the site will
be as small as possible by careful design and layout of
the development;
-
any harm to the nature conservation value which results
from the development is compensated within or near to the
site.
-
the development cannot reasonably be located elsewhere;
-
Where planning permission is granted, planning conditions
or a legal agreement may be used to protect, enhance and/or
compensate for any loss of the site's nature conservation
interest.

Explanation
11.7 Sefton contains significant areas of internationally and nationally important nature conservation sites. These sites are identified in figures 11.1, 11.2 and 11.3. The policy covers both designated and proposed sites as these are treated in the same way when considering development proposals.
11.8 The majority of the Sefton coast is designated for its international importance. Areas of the foreshore and dunes are designated, or are proposed for designation, under the Ramsar Convention as internationally important wetland habitats.

11.9 Areas of the foreshore are also designated as a Special Protection AreaG (under the EC Birds DirectiveG) for the conservation of wild birds.
11.10 The dunes and part of the foreshore are designated as a Special Area of ConservationG (under the EC Habitats DirectiveG) for the protection of habitats and species.
11.11 Sites of Special Scientific InterestG and National Nature Reserves are nationally important nature conservation sites.
11.12 Three National Nature Reserves lie entirely or partly in Sefton. They aim both to protect areas of wildlife habitat and to ensure they are managed in an appropriate way. The Reserves also provide a resource for scientific research.
11.13 There are four Sites of Special Scientific Interest which lie entirely or partly in Sefton. These are the best examples of our natural heritage of wildlife habitats, geological features and landforms. Special Protection Areas, Special Areas of Conservation and National Nature Reserves are also designated as Sites of Special Scientific Interest.
Figure 11.3Sites of International & National Nature Conservation Importance |
|
International
|
|
Ramsar SiteG
|
Ribble & Alt Estuaries Phase 2
|
Ramsar Site
|
Mersey Narrows & North Wirral Foreshore (proposed)
|
SPA
|
Ribble & Alt Estuaries
|
SPA
|
Mersey Narrows & North Wirral Foreshore (proposed)
|
SAC
|
Sefton Coast
|
National
|
|
SSSI
|
Sefton Coast
|
SSSI
|
Hesketh Golf Links
|
SSSI
|
Mersey Estuary
|
NNR
|
Ribble Estuary (also Ribble Estuary SSSI)
|
NNR
|
Ainsdale Sand Dunes (within Sefton Coast SSSI)
|
NNR
|
Cabin Hill (within Sefton Coast SSSI)
|
|
|
Figure 11.4Local Nature Reserves & Proposed Local Nature Reserves |
Existing
|
Ainsdale and Birkdale Sandhills
|
Ravenmeols Sandhills
|
Brookvale
|
Proposed
|
Hightown Meadow
|
Marshside and Crossens Marshes
|
Freshfield and Woodvale Dune Heath
|
Fulwood Way, Rimrose Valley
|
Aintree Triangle Cutting
|
Kenilworth Road
|
Queen’s Jubilee Nature Trail
|
Extension of Ainsdale and Birkdale Sandhills
|
Extensions of Ravenmeols Sandhill
|
11.14 The international and national sites of nature conservation importance have been combined on the Proposals Map, but are shown separately in figures 11.1 and 11.2.
11.15 Local Nature Reserves, Sites of Local Biological Interest and Sites of Local Geological Interest are regionally and locally important sites.
11.16 Local Nature Reserves and proposed Local Nature Reserves are listed in figure 11.4. These help to conserve biodiversity. In addition they help people to learn more about the natural heritage and to enjoy it. Local Nature Reserves contribute to English Nature’s targets for providing areas of nature value to which the community has easy access.11.17 Sites of Local Biological Interest have been identified by the Council through surveys for their importance to nature conservation in Sefton, and these sites are listed in Appendix 4. Within the Plan period further sites may be identified.
11.18 The Sites of Local Geological Interest form an important element of the network of nature conservation designations. These sites are listed in Appendix 5.
11.19 For the sake of clarity on the Proposals Map, Sites of Local Biological Interest and Sites of Local Geological Interest are shown by the same notation.
11.20 The policy states that development will only be allowed in exceptional circumstances. Where these are proven, proposals will only be permitted if they ensure that any damage is reduced as much as possible and include compensation for the harm caused. This may involve enhancing the remaining habitat and creating new habitat.
Implementation
11.21 This policy will be implemented through the development control process.
Sustainability appraisal
No changes needed.
Policy Links
NC3 Habitat Protection, Creation and Management.
Background documents
Planning Policy Guidance Note 9 ‘Nature Conservation’, 1994.
POLICY NC2
PROTECTION OF SPECIES
-
Development will not be permitted which may cause harm to
protected or other rare or vulnerable species of animal or
plant, or its habitat, unless it can be demonstrated that
the impact can be successfully mitigated.
-
Planning applications likely to affect protected, rare or
vulnerable species should be supported by an expert survey
and specialist advice.
-
Where permission is granted, a planning condition or legal
agreement may be used to secure the continued protection of
a species and the enhancement of their habitat.
Explanation
11.22 Certain plants and animals are protected by law. The presence of a protected species is a material considerationG in planning decisions. Species subject to special protection in Sefton include all wild birds, all bat species, badgers, red squirrels, water voles, great crested newts, natterjack toads, sand lizards and petalwort.
11.23 Internationally and nationally rare and vulnerable species are identified in Red Data Books, as defined by the International Union of the Conservation of Nature. Local Red Data Books identify locally rare and vulnerable species, many of which are not protected by law. The Local Red Data Books for Merseyside are held by the Merseyside Environmental Advisory Service.
11.24 Where proposals may involve protected, rare or vulnerable species, an expert survey should be undertaken and specialist advice obtained. This should be submitted with the planning application.
11.25 The impact may be able to be offset by measures to ensure that the species survive. This may include the provision of enhanced or alternative habitat.
11.26 Further information and guidance on rare and vulnerable species and on carrying out surveys can be obtained from the Merseyside Environmental Advisory Service.
Implementation
11.27 This policy will be implemented through the development control process.
Sustainability appraisal
Policy changed to refer to need for habitat enhancement.
Policy Links
None
Background documents
Planning Policy Guidance Note 9 ‘Nature Conservation’, 1994; North Merseyside Biodiversity Action Plan, Merseyside Biodiversity Group, 2001; Wildlife and Countryside Act 1981 (as amended); The Conservation (Natural Habitats, & c.) Regulations 1994; ‘Developing Naturally’, Association of Local Government Ecologists, 2000.
POLICY NC3
HABITAT PROTECTION, CREATION AND MANAGEMENT
-
Development will not be permitted which would harm the management
or protection of the following:
-
habitats or other features of the landscape identified
as priorities nationally or in the North Merseyside Biodiversity
Action Plan;
-
other habitats or features of major importance for wildlife.
-
habitats or other features of the landscape identified
as priorities nationally or in the North Merseyside Biodiversity
Action Plan;
-
Where development is permitted, a planning condition or
legal agreement may be used to secure the management and/or
protection of habitats and features.
-
Opportunities will be taken through the development process
to encourage the enhancement, management and creation of wildlife
habitat.
Explanation
11.28 The 1994 Habitats Regulations require the Plan to include policies encouraging the management of habitats and features of the landscape which are of major importance for wild plants and animals. The relevant features in Sefton include the dune edge, the Leeds and Liverpool Canal, railway lines, river corridors, wetlands, ponds and ditches. Protected species in Sefton all require habitat links.
11.29 The restoration and enhancement of habitat is a fundamental part of conserving biodiversity. It is necessary to rebuild what has been lost as well as maintaining what we have at present. The development process offers opportunities to enhance, manage or create wildlife habitats. These include proposals for major development, mineral and waste restoration schemes, and the use of planning briefs.
11.30 The Supplementary Planning Guidance (SPG) Notes ‘Public Greenspace and Development’ and ‘Design’ set out in more detail how development can contribute to this both physically and financially, and thereby help meet the targets of the North Merseyside Biodiversity Action Plan. Management agreements will be used where appropriate.
Implementation
11.31 This policy will be implemented through the development control process taking account of the SPGs referred to above.
Sustainability appraisal
Policy changed to strengthen approach to management and enhancement.
Policy Links
None
Background documents
Planning Policy Guidance Note 9 ‘Nature Conservation’, 1994; ‘North Merseyside Biodiversity Action Plan’, Merseyside Biodiversity Group, 2001; The Conservation (Natural Habitats, & c.) Regulations 1994; Wildlife and Countryside Act 1981 (as amended).
1 A global agreement on the conservation and sustainable use of biological diversity
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