Conservation Planner issue 28 - RSPB

Andy Hay (rspb-images.com)
CONSERVATION
PLANNER
SPRING 2008 ISSUE 28
Housing, housing everywhere
Over the last year, housing has risen almost to the top of
current political agendas across the UK.
In England alone the publication of a Housing Green Paper,
an announcement of 10 new eco-towns and proposals for
zero carbon new housing by 2016, has kept those involved
in housing policy very busy.
The RSPB broadly welcomed some of the proposals, in
particular Zero Carbon homes and the Eco-Towns concept,
believing them to be a way of demonstrating developments
with high environmental credentials that can be used as
exemplars across the UK. However, like all new housing,
Eco-towns will have to go somewhere, and their location in
respect to protected wildlife will be as important as their
other green credentials. The RSPB will continue to watch
carefully to ensure that all new housing is carefully located
and improves environmental quality in terms of water and
energy efficiency and other methods of making it more
sensitive to the environment.
In addition, we feature articles on a new biodiversity toolkit
for planners, RTPI Planning Awards, a new M4 Toll Road
and much more.
Carl Simms, Editor
carl.simms@rspb.org.uk
In this issue: Tough questions on climate change • ’Biodiversity toolkit’ • A greener Thames
Gateway • Homes for Wildlife • Sustainable planning rewarded • Failure to transpose SEA in Northern
Ireland • New M4 toll road • Controversial golf course development • Speaking up for nature

RSPB poses tough questions
and rough answers for
adaptation to climate change
The publication, in December 2007, of Planning Policy
Statement: Planning and Climate Change represented the
first real attempt to enshrine the need to contribute to the
alleviation of climate change through the planning system
in England.
The RSPB welcomes this document. It makes positive
strides towards greater awareness of the vital role the
planning system can play in reducing greenhouse gas
emissions and encouraging adaptation of the natural and
built environments to inevitable climate change.
Adaptation is something of a Cinderella in the climate
change world. The urgent need for global mitigation has
attracted massive attention – yet it is not the whole answer.
Wildlife is already responding to climate change and we
know further change cannot be avoided. We must therefore
adapt to the climate change that we cannot avoid, whatever
mitigation measures we take. The new PPS touches on
adaptation in its overarching principles.
To contribute to the debate, the RSPB has published a new
report, Climate change, wildlife and adaptation: 20 tough
questions, 20 rough answers, which outlines how nature
conservation needs to adapt to meet the impacts of
climate change.
The scale of current and projected climate change and
the speed of its development set the context for
adaptation. We need to build a framework for action,
which needs the views, experience and support of others,
to help build the best adaptation strategy possible for the
UK to secure a future for biodiversity, and the services it
provides. Planners and the planning system will have a
key role to play.
For biodiversity, our first response must be to strengthen
and secure wildlife populations today: without these, we
have no seed corn for the future. The 20 questions consider
a range of issues, with conclusions that may surprise. We
outline why we believe a focus on species conservation is
perhaps more important than ever, the importance of
protected areas, and how species movements and
re-distribution may be assisted in the wider countryside. We
look at the legal underpinning of conservation, including
how planning legislation can play its part. We consider
whether some species really are beyond help; the validity of
species targets, and the role of nature conservation
techniques such as re-wilding and translocation, and, on
broader issues, the delivery of ecological services, the
meshing of conservation with adaptation in other sectors,
and how we might address the issue of uncertainty.
The report also sets out a call to action. We need strong
leadership from Government, for adaptation as well as for
mitigation. This must start today, building resilient
populations of wildlife in healthy habitats, with a massively
increased area of land managed for environmental benefits.
In planning terms we ask for a policy requirement for those
areas of highest potential for habitat creation to be
safeguarded from development. Investment in the future
needs to include proper sustainability safeguards, mapping
and protection of areas likely to be of biodiversity
importance, and a programme of action to improve
landscape permeability, underpinned by an enhanced
commitment to agri-environment spending. There should
be biodiversity checks and safeguards on the adaptation
plans of all relevant sectors. We believe that all land should
deliver some environmental benefit, which the planning
system can help to ensure.
The report is available on the RSPB’s website at
www.rspb.org.uk/Images/
climatechange20questions_tcm9-170121.pdf

New online ‘Biodiversity Toolkit’
for planners
A new resource is being prepared to
provide a biodiversity planning toolkit
for planners, ecologists and
developers. The Planning Portal will
host this online. Supported by CLG,
Defra, and from the RTPI, IEEM, all the
UK statutory nature conservation
bodies and many wildlife NGOs, the
kit will host tools for both forward
planning and development control
and management. These will be
accessible through:
• a home page with contents lists,
pop up windows, dropdown fact
sheets, useful links
• four ‘explorable’ landscapes with
easy visual access to crucial
information and tools.
The tools will cover legislation, policy,
ecological surveys, validation of
applications, good practice for
ecological mitigation, compensation
and enhancement, planning
conditions and practical ways to
incorporate biodiversity into
development plans.
The toolkit is expected to be available
some time in early summer. Further
details are available from Mike Oxford,
Association of Local Government
Ecologists at
michaeloxford@btinternet.com
Rainham Marshes – flagship for a
greener Thames Gateway
David Kjaer (rspb-images.com)
The toolkit will, for example, provide
advice on taking barn owls into
consideration in new developments
The RSPB’s Rainham Marshes nature
reserve, on the former Purfleet Firing
Ranges in Thurrock, was highly
commended at the recent Royal Town
Planning Institute (RTPI) Planning
Awards in the ‘Rural Areas and
Natural Environment’ category. The
application process started over a year
ago, and included a visit by the judges
in September 2007.
The RSPB believes that Rainham, at the
heart of the Thames Gateway, is a
Visitor centre, Rainham Marshes
James Brittain
fantastic example of a ‘next generation’
urban nature reserve. The state of the
art Environment and Education Visitor
Centre, designed by van Heyningen
and Hayward Architects, has
incorporated the highest standards of
water and energy efficiency.
The reserve itself gives local
communities access to the marshes
after more than 100 years, and will be
a key part of the proposed London
Riverside Conservation Park.
Biodiversity will be enhanced and
areas of wet grassland, marsh and
open water are being maintained,
supporting birds, scarce invertebrates
and mammals such as the water vole.
Over 250 bird species have already
been recorded at Rainham.
A crucial factor in the commendation
was being able to show how the
planning system had been used to
bring the project to fruition. The RSPB
believes that Rainham is a best practice
example of how to use the planning
system to develop a significant project
and how early engagement with a local
authority can help overcome
complicated problems.
In delivering Rainham the RSPB worked
with a wide range of partners including:
Thurrock Council, London Borough of
Havering, Environment Agency, Natural
England, Port of London Authority,
Greater London Authority, London
Development Agency, East of England
Development Agency, Thames Gateway
DC and Thurrock Thames Gateway DC,
Heritage Lottery Fund, Veolia ES
Cleanaway Havering Riverside Trust,
Sustrans, Learning and Skills Councils,
local community groups, and local
strategic partnerships.
We were extremely pleased to be
commended for the award and feel it
rewards the Society for the values we
believe in – high quality, sustainable
design and a light touch on the
environment. We warmly invite people
to visit Rainham Marshes to see what
we have achieved. Details can be
found on the RSPB’s website at
www.rspb.org.uk/reserves/guide/r/
rainhammarshes/index.asp

Homes for people =
Homes for Wildlife
Last October saw the launch of
‘Homes for Wildlife’, an exciting new
RSPB project aimed at inspiring
people to take practical steps to
improve the wildlife value of their
home and garden. Homes for Wildlife
provides personalised online wildlife
advice, tailored specifically to your
home and garden – the perfect way to
manage a mini nature reserve on your
own doorstep.
Homes for Wildlife is not just about
putting up a nestbox. Instead, it
provides practical advice to manage
the whole house and garden as a
patchwork of habitats with borders
rich in a variety of flowers, trees and
shrubs, and well-managed lawns. It
also gives tips on how to create
features such as ponds and artificial
homes for wildlife.
The project has many applications
beyond the private household. New
and existing developments can
provide real opportunities to benefit
our wildlife. Many familiar and
widespread birds have suffered
serious declines in recent years. Some
species, such as the house sparrow
and starling, are associated with
human habitation, whilst the swift and
house martin depend almost entirely
on houses for nest sites.
Homes for Wildlife also raises
awareness and provides remedial
advice on other issues likely to affect
wildlife, such as replacing fascia
boards, creating hard surfaces for car
parking, and small-scale green roofs.
When designing and building new
developments, taking into
consideration the needs of nesting
birds can make an important
contribution. Nestboxes are frequently
erected or donated as part of a new
home package, but often little thought
is given to the birds they are targeting
or the locations used. Schemes should
be aimed at species in most need. For
example, internal nestboxes can
provide a solution for some, as work
carried out by Action for Swifts
(www.actionforswifts.com) has
shown. Internal nestboxes have been
incorporated into existing buildings
and renovations, as well as into new
Homes for Wildlife offers practical
advice on improving the wildlife
value of your home and garden
Steve Berry
Find out how you can help house sparrows
buildings. The concept is easily
transferable to other species, such as
the house sparrow and starling, that
nest inside the roof space of houses.
Increased use of hard surfaces for
parking on front gardens has been
identified as a significant contributor to
flash flooding in towns and cities.
Careful use of the space and materials
can help to reduce the risks. Retaining
soft landscape features in the space not
required for parking and use of porous
or hard standing material through
which vegetation can grow provides
vital wildlife habitat.
Green roofs help reduce rainfall
run-off and provide building
insulation. While in no way a
substitute for the protection and
appropriate management of natural
wildlife habitats, green roofs have the
potential to provide niches for some
specialised wildlife. Certain plants and
insects thrive in the low-nutrient
habitats while birds such as black
redstarts have been provided for
through specific design features.
By adopting responsible practices that
are sustainable and less intensive,
developers can help boost the
population of birds and other wildlife
in new housing developments. We
encourage them to take part in
Homes for Wildlife and help to reverse
the declines.
John Day
To find out more and sign up, please
visit: www.rspb.org.uk/hfw

Sustainable planning rewarded
in Northern Ireland
The Orchard Building at Stranmillis University College in
Belfast has become the first winner of a Sustainable
Planning award by the RTPI NI Branch and the RSPB.
Submitted by Scott Wilson and Knox & Clayton Architects,
the design uses natural lighting, a biomass boiler and
sustainable urban drainage to reduce water use and
pollution. The judges were particularly impressed by the
intention of Stranmillis College and the Department of
Education to use the building as a flagship project and
educational tool for local schools.
Orchard Building, Stranmillis
University College
The other finalists were Hill House, a private dwelling in Co
Down that incorporates renewable energy and natural
waste treatment, and the HLF-supported Connswater
Greenway project to develop a green corridor along three
rivers in East Belfast to encourage cycling and walking and
connect communities in the area.
For further information, please contact Claire Ferry,
Conservation Officer, Northern Ireland at
claire.ferry@rspb.org.uk
Courtesy of Scott Wilson
Failure to transpose SEA in
Northern Ireland
In September 2007, Justice Weatherup decided on a judicial
review of the Strategic Environmental Assessments (SEAs)
for the draft Northern Area Plan 2016 and draft Magherafelt
Area Plan 2015. SEAs for Area Plans are required by the
Environmental Assessment of Plans and Programmes
Regulations (NI) 2004, which transposes Directive 85/337/EC.
Carlingford Lough Special Protection Area
– the draft Newry and Mourne Area Plan
housing proposals pose a potential
sewage pollution threat
David Kjaer (rspb-images.com)
The Judge found two instances of non-transposition of
the Directive:
(i) the absence of a consultation body when the
Department of the Environment (DOE) is also the
responsible body for the development plan or
programme, and
(ii) the absence of appropriate timeframes for the referral to
consultation and for receipt of responses.
In addition, there were two instances of non-compliance
with the Regulations and Directive, namely that:
(i) information in the environmental reports was not in
accordance with the requirements of Schedule 2 of the
2004 Regulations, and
(ii) the environmental reports did not emerge at
appropriate times in order to influence the development
plans in an appropriate manner.
There are serious implications for environmental
governance and the planning system in Northern Ireland.
That the Environment and Heritage Service (EHS) cannot be
considered separate from Planning Service (both within
DOE) adds fuel to the current lobby to achieve an
independent environmental protection agency.

Lauri McLean/Gwent Wildlife Trust
Reen habitat, Magor Marsh
Planning issues in Wales
M4 Relief Road
Later this year the Welsh Assembly Government (WAG) will
be submitting an application to construct a 14 km relief
road of the M4, to the south of the city of Newport, to ease
congestion. This new section of M4 would span the River
Usk SAC, and cross the Gwent Levels. The Gwent Levels,
known as the green lungs of Newport, are a series of six
SSSIs primarily designated due to their botanical and
invertebrate interest, but which are also home to otters,
water voles and breeding waders such as lapwings and
curlews. The Levels are one of the largest surviving areas
of ancient grazing marshes and reen (drainage ditch)
systems in the UK and the largest of its kind in Wales.
RSPB Cymru is concerned that if the application were
successful, a nationally important area for wildlife would be
adversely affected. We are of the view that the application
should also be viewed in the light of the statutory duty on
the part of the Welsh Assembly Government to promote
Sustainable Development.
Further information is available at www.savethelevels.org.uk
Port of Mostyn
The Port of Mostyn submitted an application for a 2 m and
4 m dredge in the Dee Estuary SAC, SPA Ramsar site prior
to Christmas 2007.
RSPB Cymru objected to the application for a 4 m dredge
and raised concerns about the 2 m dredge, due to the
potential effects on the qualifying features of the Dee
Estuary SPA and SAC. The application is now with the
Regulators, which include the Welsh Assembly
Government and Environment Agency Wales.
For further information on either of these cases, please
contact Mike Webb, Conservation Officer, Wales at
mike.webb@rspb.org.uk
Dee Estuary
David Wootton (rspb-images.com)0

Golf course development not
a ‘top Trump’
Major development proposals near Aberdeen have sparked
controversy, not just over the merits and demerits of the
case but also because of the planning issues involved and
the actions of Councils and the Scottish Government.
An application by the American millionaire, Donald Trump,
was made to Aberdeenshire Council for outline consent for
a golfing resort development with 1000 holiday homes and
500 additional houses by the coast at Menie Estate. The
developer’s Environmental Statement conceded that part of
one golf course, sited on the Foveran Links Site of Special
Scientific Interest (SSSI), would destroy important dune
habitats whose ‘near-eradication represents a very severe
impact within the SSSI’. The RSPB, along with many other
organisations and individuals including Scottish Natural
Heritage (SNH), objected on the basis that this destruction
was unacceptable. The developer rejected advice from both
SNH and the RSPB to amend plans to avoid the SSSI. As
well as conflicting with development plan policies on
biodiversity and nature conservation, the proposals
contravened policies on house building in the countryside,
landscape, coastal development, sustainability principles
and others. However, in recommending consent, the
Director of Planning considered that the social and
economic benefits were of national importance and
overrode the adverse environmental impacts.
The Formartine Area Committee followed this
recommendation but the Infrastructure Services Committee
voted for refusal, rejecting an amendment to defer making
a decision to allow time to seek a compromise that might
allow the development to go ahead yet safeguard the SSSI.
Aberdeenshire Council then found that it had no power to
reconsider the decision and, as the developer had
previously ruled out an appeal, it looked as though the
matter was closed. Before a decision notice had been
issued, however, Ministers used their powers under Section
46 of the Town and Country Planning (Scotland) Act 1997 to
call-in the application for their own determination. This is
believed to be the first time that ‘call-in’ powers have been
exercised at such a late stage and following a planning
authority’s passing of a resolution. At the time of writing,
no announcement has been made on whether the
Government will use a public inquiry or another process to
help it decide this case.
Aberdeenshire Council, no longer the planning authority,
then resolved that taking into account all its objectives and
not just those in the Development Plan, it would
recommend to Ministers that they should give consent to
the application. It also revised its scheme of delegation to
ensure that, in future, major planning applications would
be referred to the full Council for final consideration.
Media attention on this case not only centred on the
polarisation between perceived pro- and anti-development
camps but also on the roles of Councillors, Members of the
Scottish Parliament, including the First Minister (who is
also the constituency Member) and the Government’s Chief
Planner. The Chair of the Infrastructure Services Committee
lost his position as a direct result of the case and the
Scottish Parliament’s Local Government & Communities
Committee has taken evidence from these individuals as
part of an inquiry into the matter. It has prompted a huge
number of parliamentary questions about the planning
system and seems set to continue to do so.
For further information go to our website at
www.rspb.org.uk/ourwork/conservation/sites/scotland/
menie.asp
Golf course development would destroy important dune habitats
Ian Francis

Planning –
speaking up
for nature
The RSPB has recently published a new leaflet entitled
Planning – speaking up for nature.
The leaflet highlights what many stakeholders do not
realise – that the RSPB is a significant player on many
planning-related issues. It explains the RSPB’s involvement
across three main areas: planning policy, responding to
planning proposals and making applications on our own
reserves. We believe that sustainability should be at the
heart of decision-making, so we campaign to improve
planning systems and policy across the UK in order to
protect and enhance biodiversity.
The RSPB engages with all four planning systems in the
UK: England, Northern Ireland, Scotland and Wales. We
work on national planning policies on a wide range of
issues including renewable energy, housing, flood risk,
climate change, minerals and natural greenspace to name
but a few.
We work on over 1000 planning cases a year across the UK
with staff in our country and regional offices leading with
support from our UK headquarters. We comment, make
submissions on specific applications, and engage with
development plans and other spatial planning documents.
We are a significant user of the planning system and submit
over 100 planning applications a year on our own reserves
and estate for various things such as engineering works,
roads, bridges, and other visitor-related infrastructure.
The leaflet is intended to be an information source for
planners and related professions to explain how you can
work with us to make the best use of the RSPB’s expertise
to help provide sustainable development through planning.
You should have received a copy with this magazine.
However, if this is not your copy of Conservation Planner
or you have received it from elsewhere, please contact
carl.simms@rspb.org.uk to obtain a free copy of the
new leaflet.
As a charity, the RSPB depends on the goodwill and financial support of its members and people like you.
Please visit www.rspb.org.uk/supporting or call 01767 680551 to find out how to join.
UK Headquarters
The Lodge, Sandy, Bedfordshire
SG19 2DL
Tel: 01767 680551 Fax: 01767 692365
Northern Ireland Headquarters
Belvoir Park Forest, Belfast BT8 7QT
Tel: 028 9049 1547 Fax: 028 9049 1547
Scotland Headquarters
Dunedin House, 25 Ravelston Terrace,
Edinburgh EH4 3TP
Tel: 0131 311 6500 Fax: 0131 311 6569
Wales Headquarters
Sutherland House, Castlebridge,
Cowbridge Road East, Cardiff CF11 9AB
Tel: 029 2035 3000 Fax: 029 2035 3017
North Wales Office
Maes y Ffynnon, Penrhosgarnedd,
Bangor, Gwynedd LL57 2DW
Tel: 01248 363800 Fax: 01248 363809
Midlands Regional Office
46 The Green, South Bar, Banbury,
Oxfordshire OX16 9AB
Tel: 01295 253330 Fax: 01295 265734
East England Regional Office
Stalham House, 65 Thorpe Road,
Norwich NR1 1UD
Tel: 01603 661662 Fax: 01603 660088
Northern England Regional Offices
1 Sirius House, Amethyst Road,
Newcastle Business Park, Newcastle
upon Tyne NE4 7YL
Tel: 0191 256 8200 Fax: 0191 233 4322
Westleigh Mews, Wakefield Road,
Denby Dale, Huddersfield HD8 8QD
Tel: 01484 861148 Fax: 01484 862018
South East England Regional Office
2nd Floor, Frederick House,
42 Frederick Place, Brighton BN1 4EA
Tel: 01273 775333 Fax: 01273 220236
South West England Regional Office
1st Floor, Keble House, Southernhay
Gardens, Exeter, Devon EX1 1NT
Tel: 01392 432691 Fax: 01392 453750
East Scotland Regional Office
10 Albyn Terrace, Aberdeen AB10 1YP
Tel: 01224 624824 Fax: 01224 626234
North Scotland Regional Office
Etive House, Beechwood Park,
Inverness IV2 3BW
Tel: 01463 715000 Fax: 01463 715315
South and West Scotland Regional
Office
10 Park Quadrant, Glasgow G3 6BS
Tel: 0141 3310993
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The RSPB speaks out for birds
and wildlife, tackling the
problems that threaten our
environment. Nature is amazing
– help us keep it that way.
The RSPB is part of BirdLife
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organisations.
Cover: Andy Hay (rspb-images.com)
The Royal Society for the Protection of Birds
(RSPB) is a registered charity: England and Wales
no. 207076, Scotland no. SC037654
270-0669-07-08