Conservation Planner issue 28 - RSPB

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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
Page 1 and 2: Andy Hay (rspb-images.com) CONSERVA
Page 3 and 4: New online ‘Biodiversity Toolkit
Page 5: Sustainable planning rewarded in No

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