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Revised Deposit Plan - Wychavon District Council

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Where development satisfies the above tests, appropriate compensatory<br />

measures will be required as part of the granting of planning permission.<br />

4.2.13. European legislation affords international protection to the most important<br />

nature conservation sites throughout Europe. Its aim is to maintain a coherent<br />

network of sites - known as Natura 2000 which are critical to the biodiversity<br />

of Europe as a whole. “Special Protection Areas” (SPAs) are those which host<br />

internationally important populations of rare breeding or migratory birds.<br />

“Ramsar Sites” are Wetlands of International Importance and “Special Areas<br />

of Conservation” (SACs) and are identified for the importance of their flora and<br />

fauna, some of which contain species identified in the legislation as having<br />

“priority” status. The sites are “designated” under the EC Birds Directive, the<br />

Ramsar Convention and the Habitats Directive, respectively.<br />

4.2.14. At present, the <strong>District</strong> contains one site of international importance - Bredon<br />

Hill, which has the status of a “candidate” SAC because of its importance for a<br />

species of beetle - the violet click beetle. It is possible that the number of<br />

internationally important sites may increase during the <strong>Plan</strong> period.<br />

4.2.15. The planning implications for the control of development affecting international<br />

sites are translated from European legislation into national legislation (The<br />

Conservation (Natural Habitats etc) Regulations, 1994) and are reaffirmed in<br />

PPG9 (Nature Conservation). These documents make it clear that, for the<br />

purposes of planning control, sites which are not fully “classified” or<br />

“designated” by the EC - such as Bredon Hill, but which have “proposed” or<br />

“candidate” status awaiting designation should be considered in the same way<br />

as if they had already been designated.<br />

4.2.16. In accordance with PPG9 and the regulations, it is considered that<br />

development (other than that which is proven to be necessary for the<br />

management of the site for nature conservation purposes) which would have<br />

an adverse effect on the integrity of a site and which could not be overcome by<br />

the use of planning conditions or a legal agreement, should only be permitted<br />

in the most exceptional circumstances of overriding national need. As the<br />

Bredon Hill candidate SAC does not host any species identified as having<br />

“priority” status under the regulations, development proposals affecting this<br />

site will be considered against this test.<br />

4.2.17. Developers will, therefore, usually be required to provide an appropriate<br />

assessment of the implications of their proposals to accompany applications<br />

and usually to a specification agreed by English Nature. (It should be noted<br />

that additionally, some specific projects may also require the preparation of an<br />

Environmental Statement under the Town and Country <strong>Plan</strong>ning<br />

(Environmental Impact Assessment) Regulations, 1999). This will assist the<br />

decision making process. Indeed, to ensure the appropriate protection of<br />

sites, the <strong>Council</strong> will not grant planning permission for development unless<br />

the full impact of the scheme can be determined, thus a precautionary<br />

approach will be used in the determination of planning applications.<br />

4.2.18. As natural habitats are often fragile and vulnerable to indirect as well as direct<br />

damage, the same consideration will be given to proposals outside a site<br />

which could result in indirect damage. Similarly, damage to the integrity of a<br />

site can occur as a result of the effects of proposals in conjunction with other<br />

development or operations. The cumulative effects on a site will be another<br />

consideration in determining proposals.<br />

<strong>Wychavon</strong> <strong>District</strong> Local <strong>Plan</strong> <strong>Revised</strong> <strong>Deposit</strong> (July 2003) Page 65

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