Fen Management Handbook - Scottish Natural Heritage

9.5 Restraints on fen creation
Planning permission will often be needed for a change of land use which involves
‘the carrying out of building, 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’. The planning laws and guidance vary between different UK countries, but
in England, provided the land is still to be used for grazing, this could be regarded
as legitimate agriculture as defined under section 336 of the Town and Country
Planning Act 1990. There is no guarantee that permission will be granted, even
for habitats such as fens identified as priorities within the local BAP. Proposals will
have to be consistent with within other policies and guidance that the authority is
obliged to take into consideration.
Planning, consents and licensing
Appendix V summarises legal and regulatory constraints and issues
relating to fens, including statutory planning, consents and licensing
issues.
The movement of soil, manipulation of hydrological regimes, change in
vegetation or land use, creation of bodies of open water and disruption
of potential archaeology are just a few examples of the large number of
operations that may fall under statutory provisions.
Early consultation is recommended with the relevant planning or
regulatory authority:
9.5.1 Flood risk
England county council
Wales appropriate unitary authority
Scotland development control authority – regional/island
council, district authority of national park
Northern Ireland planning service, Department of the Environment
Fen creation is unlikely to be approved if it might:
– increase risk of flooding to other properties or land;
– reduce capacity of the floodplain or flood storage areas to retain water;
– alter floodplain flow characteristics;
– result in adverse water quality, or
– have an adverse effect on other biodiversity interests.
Although fen creation will often have beneficial effects on water quality and water
holding capacity, considerable effort and partnership working in the planning stage
may be necessary to demonstrate that proposed fen creation will not have an
adverse effect on flood storage.
In England, a site specific flood risk assessment prepared by a competent
hydrologist is usually required for any wetland creation scheme to determine the
change in risk arising from the development and the residual risks. Planning Policy
Statement 25 (PPS25) provides information on what this should include.
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