EXECUTIVE PROPOSAL AGENDA ITEM - Civica · 2011. 6. 16. · 9. The amended Biodiversity SPG is...

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CARDIFF COUNCIL CYNGOR CAERDYDD COUNCIL 16 JUNE 2011

EXECUTIVE PROPOSAL AGENDA ITEM:

AMENDMENT TO THE BIODIVERSITY SUPPLEMENTARY PLANNING GUIDANCE (SPG) Reason for this Report 1. To advise on the outcome of consultation on the amended Biodiversity

Supplementary Planning Guidance (SPG) and recommend its adoption, as amended, by the Council.

Background 2. The Welsh Assembly Government supports the use of SPG to set out

detailed guidance on the way in which development plan policies will be applied in particular circumstances or areas. SPG must be consistent with development plan policies and national planning policy guidance and may be taken into account as a material planning consideration in planning decisions.

3. The Biodiversity SPG relates to policies concerning biodiversity in

existing development plans for Cardiff. It applies to all categories of development for which planning permission is required and includes comprehensive guidance on matters relating to biodiversity.

4. Part 1 of the SPG outlines how the Council will implement development

plan policies relating to biodiversity, including how it will assess planning applications which could have an impact on biodiversity interests, the information applicants will need to provide to enable this, and the legislative framework within which the Council must operate.

5. Part 2 of the SPG describes the biodiversity/nature conservation

resource of Cardiff. It includes factual details of designated sites, protected species and invasive non-native species in Cardiff.

Issues 6. The SPG has been amended to include the following updates which are

necessary to ensure the guidance remains up to date, relevant and robust:

i) Update of policy and regulations following the publication of

Planning Policy Wales (2010), Technical Advice Note 5: Nature

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Conservation and Planning (2009), the Natural Environment and Rural Communities Act 2006 and the Conservation of Habitats and Species Regulations 2010;

ii) Removal of reference to the abandoned Unitary Development Plan (UDP) policies;

iii) Adoption of the Cardiff Local Biodiversity Action Plan (LBAP) in 2008;

iv) Inclusion of new designated sites in Part 2 of the SPG – additional Site of Special Scientific Interest (SSSI), Local Nature Reserve (LNR) and Sites of Importance for Nature Conservation (SINCs) have now been designated;

v) Guidance on suitable times for habitat and species surveys; and vi) Clarification of the annual SINC review process and the use of

national guidelines for designating SINCs after 2011.

7. Paragraph 1.1.3 of the amended Biodiversity SPG refers to an annual update of Part 2 of the SPG: the Cardiff Resource and the procedure for this (outlined in Appendix 1.C of Part 1 of the SPG). It is proposed that following consultation, the Corporate Director (Place) will approve the annual Cardiff Biodiversity Update Report and the update of Part 2 of the SPG. If there are any objections, these will be presented to Planning Committee for consideration.

8. The proposed amendments were subject to a 4-week public consultation

from February 21 to March 21 2011. Local Members were also consulted during this period. A list of consultees is set out in Appendix 1.I to Part 1 of the amended Biodiversity SPG. Six responses were received. Detailed consultation responses, together with how the Council has addressed these comments, are set out in Appendix 1.J to Part 1 of the amended Biodiversity SPG.

9. The amended Biodiversity SPG is attached as Appendix A to this report. Reasons for Recommendations 10. To ensure that the Biodiversity SPG is up to date with current legislation

and there is an accurate and up to date baseline of designated sites. Legal Implications 11. The adopted development plan the City of Cardiff Local Plan (adopted

January 1996) contains policies and proposals which provide the basis for deciding planning applications. The policies in the adopted development plan have special status under Section 54A of the Town and Country Planning Act 1990 (“the 1990 Act”) which means that planning decisions must be taken by the council’s planning authority in accordance with it unless material considerations indicate otherwise.

12. Whilst the development plan contains policies and proposals which

provide the basis for deciding planning applications supplementary planning guidance (“SPG”) can be used as a means of setting out more detailed guidance on the away in which those policies will be applied in

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particular circumstances or areas. An SPG may be taken into account by the LPA as a material consideration when determining a planning application.

13. In order for an SPG to be given as much weight as possible as a material

consideration it must be formulated, prepared and adopted in the proper manner. An SPG must therefore conform to the requirements mentioned in Paragraph 2 above.

Financial Implications 15. No direct financial implications are expected to arise from the

implementation of the recommendation for this report. EXECUTIVE PROPOSAL Council is recommended to (1) approve the amendments to the Biodiversity SPG (attached as Appendix

A) (2) delegate authority to the Corporate Director (Place) to approve future

annual reviews of Part 2: The Cardiff Resource, unless any objections are received to the Cardiff Biodiversity Update report in which case it will be presented to Planning Committee for the Committee to consider them as set out in Appendix 1.C of the amended Biodiversity SPG,

THE EXECUTIVE 9 June 2011 The following Appendix is attached:- Appendix A - Biodiversity SPG: Parts 1- Policy Guidance and Part 2 - The

Cardiff Resource, Draft May 2011

Supplementary Planning Guidance

Draft May 2011

BIODIVERSITYPART 1:

Policy Guidance

Appendix A

Cardiff Supplementary Planning Guidance Biodiversity (Part 1 )

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CONTENTS Page PART 1

1.1 Introduction 3 1.2 Policy Context 3 1.3 Assessing the Impact of Development Proposals 4 1.4 Designated Sites 8 1.5 Protected Species 11 1.6 Local Biodiversity Action Plans and Priorities 16

Appendices to Part 1

1.A National Legislation 181.B Development Plan Policies 191.C Process for Annual Review of Part 2: The Cardiff Resource 221.D Standard Conditions 241.E Environmental Impact Assessment (EIA) 261.F Index of Abbreviations 301.G Screening Criteria for Habitats Regulations Appraisals 311.H Guidance on Suitable Times for Habitat and Species Surveys 321.I Consultation on Draft SPG 331.J Consultation Representations and Responses 35


1.1 INTRODUCTION

1.1.1 This Supplementary Planning Guidance (SPG) relates to policies concerning biodiversity in existing development plans for Cardiff. It applies to all categories of development for which planning permission is required and includes comprehensive guidance on matters relating to biodiversity.

1.1.2 This SPG outlines: In Part 1 - how the Council will implement development plan policies

relating to biodiversity, including how it will assess planning applications which could have an impact on biodiversity interests, the information applicants will need to provide to enable this, and the legislative framework within which the Council must operate.

In Part 2 - the biodiversity/nature conservation1 resource of Cardiff, sets out factual details of designated sites and biodiversity priorities.

1.1.3 Part 2 will be updated on an annual basis, to reflect changes in international

and national nature conservation designations, regular reviews of local designations and or changes to national and local biodiversity priorities and actions. The process for this annual review is set out in Appendix 1.C.

1.1.4 The Welsh Assembly Government supports the use of SPG to set out

detailed guidance on the way in which development plan policies will be applied in particular circumstances or areas. SPG must be consistent with development plan policies and national planning policy guidance and may be taken into account as a material planning consideration in planning decisions. The policy context is given below.

1.2 POLICY CONTEXT Legislation 1.2.1 The legislative framework within which the Council undertakes its

responsibilities as Local Planning Authority in respect of biodiversity is set out in Appendix 1.A of this document.

1.2.2 The UK Government signed the International Convention on Biological

Diversity at the UN Conference on Environment and Development (The Earth Summit) in Rio de Janeiro in June 1992. Since this time there have been significant developments in legislation relating to protected sites and species.

Assembly Guidance 1.2.3 Legislation and Assembly policy and guidance in respect of biodiversity is set

out in:

Welsh Assembly Government Planning Policy Wales Edition 4 - February 2011.

1 For the purposes of this document, ‘biodiversity’ (short for biological diversity) is taken to have the same meaning and be interchangeable with ‘nature’ or ‘wildlife’.

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Technical Advice Note (TAN) 5: Nature Conservation and Planning - September 2009.

Other Relevant Guidance 1.2.4 The Royal Town Planning Institute (RTPI) has published a Good Practice

Guide entitled Planning for Biodiversity (1999). 1.2.5 The Association of Local Government Ecologists (ALGE) has published

Developing Naturally – A Handbook for Incorporating the Natural Environment into Planning and Development written by Mike Oxford.

Development Plan Policies 1.2.6 Policies in existing adopted development plans for Cardiff relating to nature

conservation and biodiversity are set out in Appendix 1.B of this document. The following development plan policies are relevant:

Policy C3: Sites of Nature Conservation Value and Policy C4: Local

Sites of Nature Conservation Value of the South Glamorgan (Cardiff Area) Replacement Structure Plan (1991-2011) (adopted April 1997).

Policy 8: Sites of Nature Conservation or Geological Value of the City of Cardiff Local Plan (adopted January 1996).

Policy LC1, Policy LC5, Policy LC10 and Policy LC11(5) of the Mid Glamorgan County Structure Plan – Approved Plan Incorporating Proposals for Alteration Number 1. September 1989.

1.2.7 It should be noted that Cardiff Council placed the Cardiff Unitary Development

Plan on deposit in October 2003. However, following introduction of the European SEA (Strategic Environmental Assessment) Directive, in May 2005 the Council resolved, with the agreement of the Welsh Assembly Government, to cease preparation of the Cardiff UDP and commence preparation of a Local Development Plan (LDP). The Cardiff LDP (2006 to 2021) was placed on deposit in April 2009 but was subsequently withdrawn in April 2010. Therefore a new plan, the Cardiff LDP 2006 to 2026, is currently being prepared. Welsh Assembly Government guidance2 indicates that the deposited UDP may remain a consideration in development control decisions until such time as the LDP is adopted. Appendix 1.B indicates references in the UDP to matters which are the subject of this guidance.

1.3 ASSESSING THE IMPACT OF DEVELOPMENT

PROPOSALS 1.3.1 The important role for the planning system in conserving biodiversity has

been recognised in Planning Policy Wales 2011, where it states in paragraph 5.2.8 ‘The planning system has an important part to play in meeting biodiversity objectives by promoting approaches to development which create new opportunities to enhance biodiversity, prevent biodiversity losses, or compensate for losses where damage is unavoidable. Local Planning

2 Revisions to Draft Local Development Plans Wales (Welsh Assembly Government October 2005, paragraph 7.8)

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Authorities must address biodiversity issues, insofar as they relate to land use planning, in both development plans and development control decisions.’ Furthermore, paragraph 5.1.4 states ‘It is important that biodiversity and landscape considerations are taken into account at an early stage in both development plan preparation and development control.’ The relative weight given to biodiversity factors will depend on the particular circumstances of the site and proposal and include the following factors:

The importance of the biodiversity interests. How they may be affected by the development proposal. Whether these effects can be acceptably mitigated or

compensated for. The nature of and justification for the development proposed -

including the planning status of the site in question. The availability of suitable alternative sites. Whether there are other relevant material considerations.

1.3.2 The Royal Town Planning Institute (RTPI) has published a Good Practice

Guide Planning for Biodiversity which recommends a five point approach to planning decisions involving biodiversity issues, based on the principles of:

Information Avoidance Mitigation Compensation New benefits

Cardiff Council recommends this guide to developers and, in making planning decisions will follow the approach advised. TAN 5 chapters 4 and 5 also provide guidance on this aspect.

Information 1.3.3 Applicants may be required to submit sufficient detailed information in support

of a planning application to enable its impact on biodiversity interests to be properly assessed.

1.3.4 The level and detail of information required will depend on the nature of the

proposal and characteristics of the natural resource. Early pre-application discussions with Cardiff Council’s Environmental Advice Team are recommended to establish the information required. Information will be available on the Cardiff Council website www.cardiff.gov.uk/biodiversity. Otherwise the Council may be able to supply information about a site from its own Cardiff Biological Database, or direct enquiries to an appropriate source of data such as the South East Wales Biodiversity Records Centre (SEWBReC).

1.3.5 Where existing information is insufficient, the applicant may be required to

supply assessments in the form of new survey work. Assessments should be carried out by qualified, suitably experienced environmental consultants using recognised methodology and at an appropriate time of year (see Appendix

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http://www.cardiff.gov.uk/biodiversity


1.H.). Protected species licences may be required to carry out some assessments.

1.3.6 Where an Environmental Statement is required under the Environmental

Impact Assessment (EIA) Regulations 1999 (see Appendix 1.E) or Habitats Regulations Appraisal is required under the Conservation of Habitats and Species Regulations 2010 (see paragraphs 1.4.3 - 1.4.13), Cardiff Council may provide a scoping opinion as to the information required to determine the application. The Countryside Council for Wales (CCW) should also be consulted regarding international and national statutory protected sites and protected species.

1.3.7 Applications which do not require an Environmental Statement may still

require information on biodiversity issues. For sites which might have a significant biodiversity value this should usually include:

a) A description of the natural resource, including:

Any statutory or non-statutory nature conservation designations; Survey material showing the location and type of trees,

hedgerows water features, streams and drainage ditches; A description of habitat types including flora and fauna; A description of any other features of nature conservation value,

such as Section 42 species and Local Biodiversity Action Plan (LBAP) priority species (See Sections 1.5 and 1.6 of this document and Part 2);

The timing of any surveys required for key species.

b) An assessment of the value of the natural resource – including features of particular value.

c) A description of the proposal - together with appropriate plans.

d) A statement (with illustrative plans and sections if helpful) clearly

outlining the direct and indirect impacts of the proposed development on the natural resource, and the measures taken to avoid negative biodiversity impacts.

e) Where appropriate, a statement and plans indicating compensatory or

mitigating measures proposed - including details and timing of proposed habitat creation or habitat enhancement works.

f) Where appropriate, a statement and plans indicating details of

protection measures during site construction - including reference to British Standard Specifications for protective fencing.

g) Where appropriate, a statement outlining future management

arrangements for the natural resource - including details of ownership and proposed maintenance regime.

Avoidance of Harm

1.3.8 Schemes should be designed to avoid harm to important species and

habitats, including designated sites, protected species and biodiversity priority

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species during construction as well as operation. Wherever possible, this should include:

Maintaining existing features of interest.

Maintaining and enhancing corridors and links to

adjacent/neighbouring habitats – to prevent species becoming isolated and vulnerable.

Mitigation

1.3.9 In some cases, where planning permission is granted, it will be appropriate for

the Council to include a condition or a planning obligation to ensure that the risk of possible damage to nature conservation interests during construction and operation is minimised. Advice on the use of planning conditions and planning obligations is set out in Sections 4.6 and 4.7 of TAN 5.

1.3.10 In some cases, standard conditions can be used, which improve the

consistency of decisions and the speed with which planning applications are processed. A list of standard conditions relating to biodiversity is given in Appendix 1.D.

Compensation 1.3.11 Where mitigation is not possible and loss or damage to natural habitats or

important species is unavoidable, the Council may include a condition or planning obligation requiring compensatory measures, such as new habitat creation or habitat enhancement works. This may not be appropriate for international sites such as SACs, SPAs and Ramsar sites, and further guidance on dealing with development in relation to these sites is given in Section 1.4 below.

1.3.12 There are primarily four types of compensatory treatment:

Habitat re-creation - the re-creation of an existing habitat lost to development.

Habitat creation - the creation of a new habitat.

Habitat enhancement - the enhancement of an existing habitat.

Social/community enhancement measures - improving the

conservation value of a site through measures such as improved access, provision of interpretative facilities and encouraging wider community involvement.

1.3.13 The circumstances of each case will vary and warrant different forms or

combinations of compensatory treatment. Early discussion with the Council is recommended concerning the acceptability of possible compensatory packages.

1.3.14 The ease and cost of re-creating different habitats varies considerably.

Certain habitats are highly dependent on specific requirements and biological inter-relationships whereas others are more flexible and less complex. For

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example, ancient woodlands are of great antiquity, fragility and uniqueness, and contain a wide variety of complex biological inter-relationships. Re-creation, by matching the existing quality and overall nature conservation value, is unlikely to be achievable. Consideration may be given to refusing planning permission where habitat loss cannot be mitigated or compensated.

1.3.15 The Council will also encourage the provision of new habitats and

social/community enhancement measures on new developments which do not adversely affect nature conservation interests.

New Benefits Some development proposals also offer an opportunity to create new

benefits, which may be included in a planning condition or obligation. 1.4 STATUTORY DESIGNATED SITES

1.4.1 Sites may be designated for their international, national or local importance in

terms of nature conservation. Some designations are statutory because they are regulated by legislation. These include Special Areas of Conservation (SACs), Special Protection Areas (SPAs) Ramsar Sites, Sites of Special Scientific Interest (SSSIs) and Local Nature Reserves (LNRs). SACs and SPAs form part of a Europe-wide network of designated sites referred to as Natura 2000. Others are non-statutory because they are regulated by policy rather than legislation. These include Sites of Importance for Nature Conservation (SINCs).

1.4.2 Permitted Development Rights enable certain works such as site clearance to

be carried out under Article 3 of the Town and Country Planning (General Permitted Development) Order 1995. However these rights are revoked or modified with respect to some statutory designated sites including SACs, SPAs and SSSIs (see below). Full planning permission is required for most operations on these sites and in cases where an EIA is required.

Internationally Designated Sites in Cardiff 1.4.3 Part 2 of this guidance3 gives details of the sites in Cardiff designated for their

international importance for nature conservation. These are:-

Cardiff Beech Woods SAC Severn Estuary SAC Severn Estuary SPA Severn Estuary Ramsar Site

1.4.4 The consideration of the possible impacts of plans, projects or development

upon international sites is through a process known as a Habitats Regulations Appraisal (HRA) which must be undertaken by the Competent Authority(s) issuing the consent. In the case of planning permission, this is Cardiff Council as the Local Planning Authority. Plans or projects in Cardiff will be subject to the Screening Criteria as set out in Appendix 1.G of this document, to

3 The information in Part I of this guidance is correct at the date of its publication. More up-to-date information may be available in Part 2.

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determine whether HRA is needed. Annex 3 of TAN 5 provides further advice on development proposals likely to affect international sites.

1.4.5 Consideration of planning applications affecting any international sites, in

Cardiff or elsewhere, must be in accordance with the EU Habitats Directive. Implicit in the Habitats Directive is application of the precautionary principle; this requires that, where there is uncertainty, the conservation objectives of the Natura 2000 site should prevail.

1.4.6 HRAs will be carried out in accordance with guidance in:- Assessing Projects

under the Habitats Directive - Guidance for Competent Authorities, by David Tyldesley and Associates for the Countryside Council for Wales, September 2008.

1.4.7 If HRA is deemed to be needed, the Council must consider whether a plan or

project, either alone or in combination with other plans and projects, is likely to have a significant affect upon a European Site in Cardiff or elsewhere. If this is the case, the Council must undertake an Appropriate Assessment. This assessment must consider the impact of the proposal upon the conservation objectives for the site and conclude whether or not the proposal would adversely affect the integrity of the site. The integrity of the site is defined as the coherence of the site’s ecological structure and function, across the whole of the area, that enables it to sustain the habitat, complex of habitats and/or populations of species for which the site is or will be classified. The Council has a legal obligation to consult the Countryside Council for Wales (CCW) when undertaking an Appropriate Assessment, and to have regard to CCW’s representations.

1.4.8 In accordance with Regulation 65(2) of the Habitats Regulations, the Council

is not obliged to undertake a HRA of any plan or project which would be more appropriately assessed by another competent authority. In practice this means that where the sole effect of a plan or project upon an international site is through the medium of aerial or water-borne pollution, which itself would be appraised by the Environment Agency as part of the Environmental Permitting Regulations, then responsibility for undertaking the HRA will be ceded to the Environment Agency.

1.4.9 Except in special circumstances, the Council can only grant consent if it has

ascertained that the proposal will not adversely affect the integrity of any international site. The special circumstances are where there are no alternative solutions and the proposal must be carried out for imperative reasons of over-riding public interest. Compensatory measures will also be required. In such cases the Welsh Ministers or the Secretary of State for Wales, as appropriate, must be notified, and any other competent authorities involved must be consulted. The Council must not grant consent unless the Welsh Ministers or Secretary of State, as appropriate, notifies the Council that it may do so.

1.4.10 All the designated and proposed international sites in Cardiff are also

underpinned by national designation as Sites of Special Scientific Interest (SSSIs - see below). However, these national designations sometimes include features of national importance that are not features of the international designation.

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Nationally Designated Sites in Cardiff

1.4.11 Sites of Special Scientific Interest (SSSIs) are statutory sites which are designated and protected by the Wildlife and Countryside Act 1981 (as amended). Cardiff Council has a duty to further the conservation and enhancement of the features which provide the special interest of an SSSI. The Act requires CCW to be consulted regarding planning applications, or any works carried out or authorised by the Council, which may affect the features of interest of an SSSI.

1.4.12 There are currently 16 SSSIs in Cardiff of which 11 are designated for

biological interest, two are designated for mixed biological and geological interest and 3 for solely geological interest. These are identified in Part 2 of this guidance.

Locally Designated Sites in Cardiff 1.4.13 Local Nature Reserves (LNRs) are statutory sites declared under Section 21

of the National Parks and Access to the Countryside Act 1949, as amended by Schedule 11 of the Natural Environment and Rural Communities Act 2006. This gives Local Authorities the power to acquire, declare and manage nature reserves. This process should be undertaken in consultation with the Countryside Council for Wales (CCW). There are currently 6 LNRs in Cardiff, identified in Part 2 of this guidance.

1.4.14 Planning Policy Wales (2011) recommends the designation of non-statutory

sites of interest for nature conservation where these are soundly based on an objective scientific assessment of the value of the site and informed by community participation and reflecting community values.4 Section 5.5 of TAN 5 provides further guidance in this respect.

1.4.15 In Cardiff, these non-statutory sites are referred to as Sites of Importance

for Nature Conservation (SINCs).

1.4.16 Since 2004, designation of SINCs has been based upon the Guidelines for the Selection of Wildlife Sites in South Wales, published in August 2004 by the South Wales Wildlife Sites Partnership. These regional selection criteria have been further refined, in consultation with Cardiff Biodiversity Partnership, to reflect local priorities and features of interest. These refinements are set out in Appendix 2.B. Identification of SINC sites is achieved through the application of SINC selection criteria to a systematic assessment of Cardiff’s nature conservation resource.

1.4.17 Following completion of the current review cycle in 2011, subsequent review

cycles will be undertaken using the Guidelines for the Selection of Local Sites in Wales, published in February 2008 by the Wales Biodiversity Partnership.

1.4.18 These regional and national guidelines, together with the Cardiff

modifications, are based on an objective scientific assessment of species and habitats, using existing published lists of species which are of conservation

4 Non-statutory sites have been given various names by different local planning authorities. In common with many other authorities, Cardiff will refer to them as Sites of Importance for Nature Conservation (SINCs).

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concern and/or receive some degree of legal protection. The regional status and population trends of species have also been considered.

1.4.19 The Council reviews non-statutory sites within Cardiff, based on the national

guidelines and Cardiff modifications. Sites will be reviewed regularly to ensure that the designations remain accurate, up to date and defensible within the planning system. All sites will be reviewed at least every ten years, with at least 10% of sites reviewed each year. The annual SINC review will take place in accordance with the process for annual review of SINCs, as set out in Appendix 1.C below.

1.4.20 The first review against the South Wales regional guidelines was undertaken

in 2004, which resulted in the identification of a number of new sites and modification of the boundaries of some existing sites due to loss of habitat by various causes. Part 2 of this guidance identifies SINCs in Cardiff, following reviews between 2004 and 2010 inclusive.

1.4.21 Subsequent annual SINC reviews will be subject to delegated officer approval

by the relevant Operational Manager. The definitive SINC list and the SINC master map will be available on the website www.cardiff.gov.uk/biodiversity.

1.5 PROTECTED SPECIES

1.5.1 Planning Policy Wales (2011) states that: “The presence of a species

protected under European or UK legislation is a material consideration when a local planning authority is considering a development proposal which, if carried out, would be likely to result in disturbance or harm to the species or its habitat.” (paragraph 5.5.11). Chapter 6 and Annex 7 of TAN 5 provide further information on protected species.

1.5.2 Two sets of legislation afford legal protection to certain species of wild fauna

and flora:

The Conservation of Habitats and Species Regulations 2010 which enact the EU Habitats Directive (92/43/EC) and protect species which are often referred to as ‘European Protected Species’ (EPS).

The Wildlife and Countryside Act 1981 as amended by the

Countryside and Rights of Way (CRoW) Act 2000, which protect species referred to as ‘UK Protected Species’.

In addition there are several other acts which apply to other species such as

the Protection of Badgers Act 1992.

European Protected Species

1.5.3 Regulation 41 of the Habitats Regulations 2010 makes it an offence:

Deliberately to capture or kill a wild animal of a European Protected Species.

Deliberately to disturb any such animal. Deliberately to take or destroy the eggs of such an animal. To damage or destroy a breeding site or resting site of such an animal.

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The offence of deliberately disturbing an EPS has been amended so that activities that cause low level deliberate disturbance that may be considered unlikely to have the effects covered by the Directive can continue within the law. It is now an offence to:- Deliberately disturb animals of an EPS in such a way as to be likely significantly to affect :-

i) the ability of any significant group of animals of that species to survive, breed or rear or nurture their young, or

ii) the local distribution or abundance of the species.

1.5.4 In accordance with section 9(5) of the Habitats Regulations 2010, a Competent Authority such as Cardiff Council, in exercising any of their functions, must have regard to the requirements of the Habitats Directive so far as they may be affected by the exercise of those functions. In respect of protected species, this means that responsibilities such as determining planning applications will have to ensure that an offence does not occur under the above legislation.

1.5.5 Under certain circumstances it is possible to obtain a derogation from the

provisions of the Regulations. The derogation takes the form of a licence, issued by the Welsh Assembly Government. The circumstances of the derogation are set out in Regulations 53(2)(e) and 53(9)(a) and (b). These are known as the three tests. A derogation can only be authorised if:

There is no satisfactory alternative. The action will not be detrimental to the maintenance of the population

of the species concerned at a favourable conservation status in its natural range.

The development is for the purpose of preserving public health or safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment.

1.5.6 Paragraph 5.5.12 of Planning Policy Wales (2011) states that: ‘Local planning authorities are under a duty to have regard to the requirements of the Habitats Directive in exercising their functions. To avoid developments with planning permission subsequently not being granted a derogation in relation to European Protected Species, planning authorities should take the three requirements for a derogation into account when considering development proposals where a European Protected Species is present.’ Annex 7 of TAN 5 sets out the key legislative provisions for the protection of species.

1.5.7 This means that prior to determining a planning application where European

Protected Species are involved, the LPA will have to demonstrate that it has considered how the three tests above might be met. The test of favourable conservation status will require advice from CCW, both for determination of the WAG licence and for the LPA consideration of the three tests. Therefore advice from CCW should be sought as early in the process as possible in order to avoid unnecessary delays.

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1.5.8 Where mitigation or compensation measures are required in order to avoid detriment to Favourable Conservation Status of a species, then these measures must be set out in a method statement. Generally, this method statement should be agreed prior to the determination of the planning application as it will be crucial to consideration of the Favourable Conservation Status test. However where impacts upon European Protected Species are minor, the production and implementation of a method statement may be the subject of planning condition.

1.5.9 On sites where a European Protected Species is affected, the Welsh

Assembly Government recommends (in Circular SI 1994/2716, dated 13th July 2004) a standard condition for planning permissions requiring no works to begin until the derogation has been considered:-

Where any species listed under Schedules 2 or 4 of The Conservation (Natural Habitats, etc) Regulations 1994 is present on the site [or other identified part] in respect of which this permission is granted, no works of site clearance, demolition or construction should take place in pursuance of this permission unless a licence to disturb any such species has been granted in accordance with the aforementioned Regulations.

1.5.10 The granting of planning permission either as a result of formal planning

application or through permitted development rights does not negate the fact that the relevant licences need to be obtained by the developer before implementing the planning permission. Failure to do so could lead to a wildlife crime being committed and possible prosecution.

1.5.11 European Protected Species which occur in Cardiff are:

Great Crested Newt Otter Dormouse Several species of bats

The ecology and distribution of these species in Cardiff are briefly summarised in Part 2 of this guidance.

UK Protected Species

1.5.12 The Wildlife and Countryside Act 1981 (as amended) contains several

schedules which give varying levels of protection to certain species of plants and animals:

Schedule 1 lists certain species of birds which it is an offence to

disturb at or near the nest or with dependant young. Schedule 5 affords differing degrees of protection to other animals. Schedule 8 affords protection to certain species of plants.

1.5.13 Offences range from the sale of certain animals and plants to intentionally

killing or injuring some species.

1.5.14 UK protected species known to occur in Cardiff are listed in Part 2 of this guidance.

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Surveys for Protected Species

1.5.15 Data on the distribution of protected species in Cardiff is incomplete. This is because many species are nocturnal and/or secretive. Sometimes, as with otters and bats, their general presence in an area may be known but not the location of their breeding or resting places, which are protected. There is often little or no knowledge of the size of populations, whether they are increasing or decreasing and their interaction with neighbouring populations. Surveys should therefore aim to provide as much information as possible and identify any constraints on the work undertaken e.g. timing, weather conditions.

1.5.16 It is therefore recommended that, where appropriate, surveys for certain

protected species should form part of planning applications. In order to consider the ‘three tests’ for European Protected Species the survey data will need to be considered during the determination of the application. In cases were an Environmental Statement is required under the Environmental Impact Assessment Regulations, all the relevant survey data must be included in the Environmental Statement. In other cases, surveys may be required in order for the application to be determined. In determining the requirement for survey information, the Council will consider the known distribution of a species in Cardiff and the suitability of the habitat for that particular species. The requirement for survey data for a species will be based on taking these two factors together to decide if there is a reasonable likelihood that the species is present on a site and what use it may make of a site. In determining the likelihood of bats being present and of a survey being required, examples of national good practice and guidance will be followed.

1.5.17 A bat survey should be undertaken only if features likely to support bats may

be impacted upon by the proposed works. The following criteria, which have been produced by the Association of Local Government Ecologists (ALGE), will be used to screen those applications for which bat surveys should be undertaken. (1) Conversion, modification, demolition or removal of buildings – if they are: • agricultural buildings (e.g. farmhouses, barns and outbuildings) of traditional brick or stone construction and/or with exposed wooden beams; • buildings with weather boarding and/or hanging tiles that are within 200m of woodland and/or water; • pre-1960 detached buildings and structures within 200m of woodland and/or water; • pre-1914 buildings within 400m of woodland and/or water; • pre-1914 buildings with gable ends or slate roofs, regardless of location; • any building located within, or immediately adjacent to woodland and/or immediately adjacent to water Note: The above criteria also apply to hotels, schools, hospitals, churches, commercial premises and derelict buildings. Surveys are not required for Dutch barns, or livestock buildings with a single skin roof and board and- gap or Yorkshire boarding. (Preliminary assessment may be required depending on location)

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(2) Development affecting built structures: • tunnels, mines, kilns, ice-houses, adits, military fortifications, air raid shelters, cellars and similar underground ducts and structures; unused industrial chimneys that are unlined and brick/stone construction • bridge structures, aqueducts and viaducts (especially over water and wet ground). (3) Floodlighting of: • churches and listed buildings, green space (e.g. sports pitches) within 50m of woodland, water, field hedgerows or lines of trees with connectivity to woodland or water • any building meeting the criteria listed in (1) above (4) Felling, removal or lopping of: • woodland • field hedgerows and/or lines of trees with connectivity to woodland or water bodies • old and veteran trees that are older than 100 years; • mature trees with obvious holes, cracks or cavities or ivy covered (and also large dead trees). (5) Proposals affecting water bodies: • In or within 200m of rivers, streams, canals, lakes, reedbeds or other aquatic habitats (6) Proposals located in or immediately adjacent to: • quarries or gravel pits • natural cliff faces and rock outcrops with crevices or caves and swallets. (7) Proposals involving the development of wind turbines where these turbines are in proximity to suitable habitat. (8) All proposals where bats are known to be present This may include proposed development affecting any type of buildings, structures, feature or location.

1.5.18 Most protected species can only be surveyed at certain times of year, and

developers should take this into account when preparing a schedule for submitting a planning application. Generally spring and summer are appropriate times for most species. Surveys carried out at the wrong time of year may not be acceptable in determining some planning applications. A table setting out appropriate survey periods for protected species (and habitats) is given in Appendix 1.H.

1.5.19 For advice on the potential survey requirements for protected species, please

contact the Cardiff Council Environmental Advice Team. Translocation

1.5.20 There are a few occasions when the translocation of certain protected species may be suggested or required as a mitigation measure. This requires careful consideration. It is important that the timing and method of capture at the donor site is effective. Translocation of most species can only be undertaken at certain times of year. The suitability of the receptor site is another important factor. It must be able to support the translocated

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population in the long term. This will require suitable habitat and favourable management practices. Knowledge of any existing populations of the species on the site and their relationship to neighbouring populations is likely to be required. Wherever possible, receptor sites should be linked by appropriate corridors of semi-natural habitat to other suitable habitats. This will aid the dispersal and genetic interchange of populations, thus increasing their chances of survival.

1.5.21 A detailed method statement will be required by the applicant to describe

how such work will be undertaken. A management plan should be written to state how the species will be conserved in the receptor site and describe any management requirements. This should be controlled by the use of a planning obligation (for example the use of a Section 106 agreement).

1.6 LOCAL BIODIVERSITY ACTION PLANS AND PRIORITIES

1.6.1 In pursuance of its duty under the Natural Environment & Rural Communities

Act 2006 (NERC) to further the conservation of biodiversity, the Welsh Assembly Government is committed to promoting Habitat and Species Plans relevant to Wales prepared under the UK Biodiversity Action Plan (UKBAP). It also supports the preparation of Local Biodiversity Action Plans (LBAPs) as a means of engaging communities and private sector organisations in the conservation and enhancement of biodiversity at the local level.

1.6.2 The UKBAP includes hundreds of Species Action Plans (SAPs) and Habitat

Action Plans (HAPs). As well as the priority habitats there are statements for broad habitat classifications. The lists of priority species and habitats and the selection criteria are currently under review. Details of the UK Biodiversity Action Plan including SAPs and HAPs can be viewed on the website www.UKBAP.org.uk

1.6.3 Furthermore, in accordance with Section 42 of the NERC Act 2006, the Welsh

Assembly Government has produced a List of Species of Principal Importance for Conservation of Biological Diversity In Wales.

1.6.4 In January 2003 the Assembly Government’s Environment, Planning and

Transport Committee published a review of Local Biodiversity Action which recommended that local planning authorities should adopt Local Biodiversity Action Plans as Supplementary Planning Guidance (SPG).

1.6.5 The importance of ‘wildlife corridors’ of suitable inter-connected semi-natural habitats is recognised in Regulation 39 of the Conservation of Habitats and Species Regulations 2010. This requires that policies relating to the development and use of land and to the conservation of the natural beauty and amenity of the land are to be taken to include policies encouraging the management of features of the landscape which are of major importance for wild fauna and flora. “Such features are those which, by virtue of their linear and continuous structure (such as rivers with their banks or the traditional system of markings field boundaries) or their function as stepping stones (such as ponds or small woods), are essential for the migration, dispersal and genetic exchange of wild species.”

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http://www.ukbap.org.uk/


The Cardiff Local Biodiversity Action Plan (LBAP)

1.6.6 The Cardiff LBAP was adopted by Cardiff Council in December 2008. The Cardiff LBAP identifies priority species and habitats within Cardiff - for which Species Action Plans (SAPs), Species Statements and Habitat Action Plans (HAPs) may be prepared. The priority species and habitats were selected in consultation with Cardiff Biodiversity Action Partnership and were either cited on the Section 42 list or of conservation concern in Cardiff.

Habitat and Species Action Plans

1.6.7 Up to December 2010, 21 Habitat Action Plans (HAPs) and Species Action Plans (SAPs) for Cardiff have been prepared and more will be prepared in the future. These action plans form part of the Cardiff LBAP and have been prepared with consultation through Cardiff Biodiversity Partnership. They are identified in Appendix 2.A of this guidance. The selection of species and habitats for these lists is based upon UK Biodiversity Action Plan priorities, Section 42 species and habitats in Wales, species protected under the Wildlife and Countryside Act 1981 (as amended) and local priorities. All of these are subject to periodic review and therefore the list of priority species and habitats in the LBAP will be subject to periodic review.

1.6.8 The HAPs and SAPs include measures needed to achieve the aims and

objectives for the plan. This may relate to planning issues, such as SINC designation of important sites.

1.6.9 In considering the impact of development proposals upon biodiversity, Cardiff

Council will have regard to the list of priority species and habitats and any relevant national or local Species and Habitat Action Plans. Wherever possible, development proposals should avoid adverse affects upon biodiversity, especially those species and habitats which are priorities in the UK Biodiversity Action Plan or are listed on the Section 42 list. Where it is not possible to avoid adverse impacts, appropriate mitigation and/or compensation measures should be considered.

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APPENDIX 1.A: NATIONAL LEGISLATION

The principal legislation within which the Council undertakes its responsibilities as a Local Planning Authority in respect of biodiversity issues is as follows:

National Parks and Access to the Countryside Act 1949 under which Local Nature Reserves are declared. Wildlife and Countryside Act 1981 (as amended) the cornerstone of wildlife protection legislation. Town and Country Planning Act 1990 (as amended) the key legislation governing the development control process. Protection of Badgers Act 1992 which protects badgers and their setts. Environment Act 1995

Provides for the establishment of the Environment Agency.

The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 Environmental Statements must be provided for certain developments.

The Conservation of Habitats and Species Regulations 2010 which enacts the EU directive on the Conservation of Wild Fauna and Flora (92/43/EEC). It modifies the planning system with regard to the consideration of European sites (SACs & SPAs) and also protects certain wild plants and animals (European Protected Species).

The Hedgerow Regulation 1997 which defines and protects ‘important’ hedgerows. The Countryside and Rights of Way Act 2000

which strengthens the protection of Sites of Special Scientific Interest (SSSIs) and amends the Wildlife and Countryside Act with regard to certain protected species.

The Natural Environment and Rural Communities Act 2006

Which places a duty upon every public authority to have regard to the purpose of conserving biodiversity, and also amends the National Parks and Access to the Countryside Act 1949 with respect to LNRs.


APPENDIX 1.B: DEVELOPMENT PLAN POLICIES SOUTH GLAMORGAN (CARDIFF AREA) REPLACEMENT STRUCTURE PLAN (1991-2011) (adopted April 1997) Policy C3: Sites of Nature Conservation Value Development proposals will not be granted planning permission if they are likely to cause unacceptable harm to the nature conservation value of: i) an existing or candidate Special Area of Conservation or an existing or potential Special Protection Area. ii) a National or Marine Nature Reserve. iii) a Site of Special Scientific Interest. Policy C4: Local Sites of Nature Conservation Value The identification, conservation and enhancement of Local Nature Reserves and Sites of Nature Conservation Value will be favoured subject to conformity with other development plan policies. CITY OF CARDIFF LOCAL PLAN (adopted January 1996) Policy 8: Sites of Nature Conservation or Geological Value Planning Permission will not be granted for development which would cause unacceptable harm to the nature conservation or geological value of: i) a Special Area of Conservation or a Special Protection Area. ii) a National or Marine Nature Reserve. iii) a Site of Special Scientific Interest. iv) a Local Nature Reserve. MID GLAMORGAN COUNTY STRUCTURE PLAN – Approved Plan Incorporating Proposals for Alteration Number 1. September 1989. Policy LC1 There will be a presumption against development which would adversely affect the areas defined as…Caerphilly Mountain Project area. It is the policy of the County Council to enhance these areas in the interest of the landscape and nature conservation for public enjoyment.

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Policy LC5 There will be a presumption against development which would adversely affect sites recognised by the County Council and the Nature Conservancy Council as having nature conservation importance. Policy LC10 The County Council proposes that existing natural woodlands should be protected and effectively maintained and that the current stock of hardwood trees in the county should be increased. Policy LC11 (5) It is the policy of the County Council that there will be a presumption in favour of afforestation proposals unless such proposals would adversely affect nature conservation interests CARDIFF UNITARY DEVELOPMENT PLAN The Cardiff Unitary Development Plan was placed on deposit in October 2003. Following introduction of the European SEA (Strategic Environmental Assessment) Directive in 2004 and subsequent up-dated guidance from the Welsh Assembly Government on development planning, the Council obtained the agreement of the Assembly to cease preparation of the Cardiff UDP and commence preparation of a Local Development Plan (LDP). Guidance issued by the Welsh Assembly Government in respect of LDPs indicates that where a UDP has been put on deposit it may remain a consideration in development control decisions until such time as an LDP has been placed on deposit. Generally, the weight to be attached to policies in emerging UDPs depends on the stage of plan preparation, the degree of any conflict with adopted plans, and the number and nature of any objections and/or representations in support of the policy. The following policies of the deposited Cardiff UDP have some relevance to this SPG: Policy 1.H: Sites of International or National Importance for Nature Conservation The nature conservation resource of Cardiff will be protected and, where appropriate, enhanced including sites designated, or proposed for designation, for their international or national importance.

Policy 2.46: Sites of International or National Importance for Nature Conservation Development will not be permitted that would cause unacceptable harm to sites of international or national importance for nature conservation

Policy 2.47: Sites of Local Importance for Nature Conservation

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Development will not be permitted that would cause unacceptable harm to sites of local importance for nature conservation.

Policy 2.48: Biodiversity Development will not be permitted that would cause unacceptable harm to habitats or other features of the landscape identified as priorities in the UK or Local Biodiversity Action Plan, or otherwise of major importance for wildlife. Where development is permitted, the management and enhancement of such habitats and features will be encouraged.

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APPENDIX 1.C: PROCESS FOR ANNUAL REVIEW OF PART 2: THE CARDIFF RESOURCE 1. Background The Biodiversity SPG Part 2: The Cardiff Resource, provides lists of designated sites for nature conservation, of protected and priority species and of invasive non-native species. The contents of these lists are liable to change at any time, and Part 2 of the SPG needs to be updated on an annual basis in order to reflect these changes. Therefore, any changes will be included in an annual Cardiff Biodiversity Update report, which will then inform amendments to he Biodiversity SPG Part 2: The Cardiff Resource. SINC sites are reviewed regularly to ensure that the designations remain accurate, up to date and defensible within the planning system. All sites are reviewed at least every ten years, with at least 10% of sites reviewed each year. In addition to reviews of existing SINCs, candidate or proposed SINCs are also surveyed to determine whether they qualify under the SINC Selection Criteria. SINCs are assessed against criteria in the Guidelines for the Selection of Wildlife Sites in South Wales (the ‘SINC Selection Criteria’), produced by the South Wales Wildlife Sites Partnership in 2004. Following completion of the current review cycle in 2011, subsequent review cycles will be undertaken using the Guidelines for the Selection of Local Sites in Wales, published in February 2008 by the Wales Biodiversity Partnership. 2. Annual Review Process January A list of SINCs proposed for annual review is prepared by Ecologists in the Environmental Advice Team. February The list of SINCs proposed for review will be discussed at the February Cardiff Biodiversity Partnership (CBP) meeting. Normally, about 10% of SINCs are prioritised for survey, but this may vary. March/April Depending upon weather conditions, surveys begin on SINCs which feature reptiles or amphibians, especially Great Crested Newts (GCN). April/May/June Woodland SINC surveys are undertaken, focusing upon ground flora indicative of ancient semi-natural woodlands. May/June/July/August Grassland SINC surveys are undertaken, focusing upon flora indicative of unimproved and semi-improved calcareous, neutral and marshy grassland. September/October Any remaining surveys on SINCs which feature reptiles are undertaken. October/November

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Depending upon weather conditions, surveys of SINCs which feature waxcap fungi are undertaken. December All survey work is complete and any amendments to SINCs are included in a Cardiff Biodiversity Update report, which also lists any changes to the Cardiff resource as set out in Part 2 of the SPG. February +1 The Cardiff Biodiversity Update report is discussed at the CBP. The Cardiff Biodiversity Update report is distributed to all consultees and to Local Members for consultation. Following consultation, the Corporate Director (Place) as delegated officer will approve the Cardiff Biodiversity Update report. However, if any objections are received to the Cardiff Biodiversity Update report then it will be presented to Planning Committee in order to consider these objections. Part 2 of the SPG will then be amended in accordance with the Cardiff Biodiversity Update report and put on the website www.cardiff.gov.uk/biodiversity.

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APPENDIX 1.D: STANDARD PLANNING CONDITIONS FOR BIODIVERSITY Treatment of Japanese Knotweed. Prior to the commencement of development, a detailed scheme for the treatment and disposal of soils affected by Japanese Knotweed shall be submitted to and approved in writing by the Local Planning Authority. Such a scheme shall accord with the advice in the publication The Eradication of Japanese Knotweed (WDA: Cardiff 1998) and Guidance for the Control of Invasive Plants Near Watercourses (Environment Agency 2001). Thereafter the development shall be carried out in accordance with the approved scheme. Reason: To ensure the safe destruction and prevention of spread of Japanese Knotweed. Nesting Birds Condition: No removal of trees, shrubs, bushes or hedgerows shall take place

eht morf lavorppa nettirw roirp tuohtiw tsuguA ht51 dna yraurbeFst1neewteb Local Planning Authority.

Reason: To avoid disturbance to nesting birds which are protected under the Wildlife and Countryside Act 1981: Part 1, 1(1)(b). It is an offence to intentionally take, damage or destroy the nest of any wild bird while that nest is in use or being built.

European Protected Species Where any species listed under Schedules 2 or 4 of The Conservation of Habitats and Species Regulations 2010 is present on the site [or other identified part] in respect of which this permission is hereby granted, no works of site clearance, demolition or construction shall take place in pursuance of this permission unless a licence to disturb any such species has been granted in accordance with the aforementioned Regulations and a copy thereof has been produced to the local planning authority. Works next to SINCs Condition: No materials, waste, arisings or plant shall be stored or operated within (a SINC), or allowed to fall, be washed or blown into it. Reason: To protect the features of interest for nature conservation for which the SINC has been designated.

Advisory note in relation to bats Bats often roost in houses and other buildings, and work on these buildings may disturb a bat roost. All bats and their roosts are protected against disturbance under UK and European legislation. If works are planned on a building in which bats are roosting, the Countryside Council for Wales (CCW) must be contacted.

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If work has already commenced and bats are found, or if any evidence that bats are using the site as a roost is found, work should cease and CCW should be contacted immediately. Where bats or their roosts are present, no works of site clearance, demolition or construction should take place unless a licence to disturb these species and/or their roosts has been granted in accordance with the relevant legislation. The Cardiff office of CCW can be contacted at:- Unit 7, Castelton Court, Fortran Road, St Mellon's, Cardiff CF3 0LT. Tel: 02920 772400 Fax: 02920 772412

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Cardiff Supplementary Planning Guidance Biodiversity (Part 1)

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APPENDIX 1.E: ENVIRONMENTAL IMPACT ASSESSMENT (EIA)

The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999. 1.E.1 An Environmental Impact Assessment (EIA) will be required for

developments which can be defined as EIA Developments under the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (‘The EIA Regulations’).

1.E.2 According to these Regulations, an "EIA development" means

development which is either –

Schedule 1 development; or Schedule 2 development likely to have significant effects on the

environment by virtue of factors such as its nature, size or location 1.E.3 A Schedule 2 development which means development listed in Column 1

of the table in Schedule 2 where –

any part of that development is to be carried out in a sensitive area; or any applicable threshold or criterion in the corresponding part of

Column 2 of that table is respectively exceeded or met in relation to that development

1.E.4 "Sensitive area" means any of the following –

SSSIs Land to which a nature conservation order applies A National Park The Broads UNESCO world heritage site Scheduled ancient monuments An Area of Outstanding Natural Beauty A European site (SAC, SPA)

1.E.5 Guidance as to whether a Schedule 2 development would be likely to

have significant effects on the environment by virtue of factors such as its nature, size or location, are provided in Schedule 3 to the 1999 EIA Regulations entitled ‘Selection Criteria For Screening Schedule 2 Development’ and also in Annex A of Welsh Office Circular 11/99: Environmental Impact Assessment (‘WOC 11/99’), entitled ‘Indicative Thresholds and Criteria for Identification of Schedule 2 Development Requiring EIA’.

1.E.6 Secretary of State's view is that, in general, EIA will be needed for

Schedule 2 developments in three main types of case:

a. for major developments which are of more than local importance


b. for developments which are proposed for particularly environmentally sensitive or vulnerable locations; and

c. for developments with unusually complex and potentially hazardous environmental effects

1.E.7 Although housing developments are not mentioned as a specific project

category in either Schedule 1 or 2, in a letter dated 16th July 2001 The National Assembly for Wales has advised that housing development falls within the description of the project category “Urban development projects”, at paragraph 10 (b) of Schedule 2. This advice is based on reference to “dwellings” in section A.19 of Annex A to Welsh Office Circular 11/99.

1.E.8 In accordance with Regulation 5 of the EIA Regulations, Cardiff Council

must adopt a “screening opinion” as to whether the development would be likely to have significant effects on the environment by virtue of factors such as its nature, size or location, and therefore whether an EIA would be required. Subsequently, Cardiff Council will provide a “Scoping Opinion” as to the range and type of information to be provided in the Environmental Statement, if requested to do so by the applicant.

1.E.9 The results of an EIA will be provided in the form of an Environmental

Statement, and Schedule 4 of the EIA Regulations sets out the information to be provided in an Environmental Statement. In accordance with Regulation 3(2) of the EIA Regulations, Cardiff Council must not grant planning permission pursuant to an application to which the EIA Regulations apply unless they have first taken the environmental information into consideration, and must state in their decision that they have done so.

Methodology for Plans

1.E.10 The methodology for appraising the impact of plans on biodiversity and earth heritage during the EIA process broadly follows the four stage general approach to appraising 'environmental capital' set out in Transport Analysis Guidance (TAG). This methodology relates solely to the EIA process, and separate assessments may be required under the Conservation of Habitats and Species Regulations 2010, or other legislation. Applied to biodiversity and earth heritage, the approach is to:

Describe sequentially the characteristic biodiversity and earth

heritage features. Appraise environmental capital - using a set of indicators, this is

done by assessing: the importance of these characteristic features, why they are important, and their inter-relationships;

Describe how proposals impact on biodiversity and earth heritage features, including effects on its distinctive quality and substantial local diversity.

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Produce an overall assessment score on an eight point scale:- very large adverse, large adverse, moderate adverse, slight adverse, neutral, slight beneficial, moderate beneficial and large beneficial.

Guidance on Describing Nature Conservation Value of Features Value Criteria Examples Very high High importance and

rarity, international scale and limited potential for substitution

Internationally designated sites

High High importance and rarity, national scale, or regional scale with limited potential for substitution

Nationally designated sites. Regionally important sites with limited potential for substitution

Medium High or medium importance and rarity, local or regional scale, and limited potential for substitution

Regionally important sites with potential for substitution. Locally designated sites

Lower Low or medium importance and rarity, local scale

Undesignated sites of some local biodiversity and earth heritage interest

Negligible Very low importance and rarity, Local scale

Other sites with little or no local biodiversity and earth heritage interest

Criteria for Determining the Magnitude of the Impact Magnitude Criteria Major negative The proposal (either on its own or with other proposals)

may adversely affect the integrity of the site, in terms of the coherence of its ecological structure and function, across its whole area, that enables it to sustain the habitat, complex of habitats and / or the population levels of species of interest.

Intermediate negative

The sites integrity will not be adversely affected, but the effect on the site is likely to be significant in terms of its ecological objectives. If, in the light of full information, it cannot be clearly demonstrated that the proposal will not have an adverse effect on integrity, then the impact should be assessed as major negative.

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Minor negative Neither of the above applies, but some minor negative

impact is evident. (In the case of Natura 2000 sites a further appropriate assessment may be necessary if detailed plans are not yet available).

Neutral No observable impact in either direction.

Positive Impacts which provide a net gain for wildlife overall.

Estimating the Overall Appraisal Category

Nature conservation value of sites damaged or improved

Magnitude of potential impact

Very high High Medium Lower Negligible

Major negative

Very large adverse

Very large adverse

Moderate adverse

Slight adverse

Neutral

Intermediate negative

Large adverse

Large adverse

Moderate adverse

Slight adverse

Neutral

Minor negative

Slight adverse

Slight adverse

Slight adverse

Slight adverse

Neutral

Neutral Neutral Neutral Neutral Neutral Neutral

Positive Large beneficial

Large beneficial

Moderate beneficial

Slight beneficial

Neutral

Notes: (A) Options in the 'very large adverse category' are likely to be unacceptable on nature conservation grounds alone (even with compensation proposals) (B) There should be a strong presumption against options in the 'large adverse' category, with more than 1:1 compensation (net gain within the Natural Area) for the very occasional cases where development is allowed as a last resort. (C) Options in the 'moderate adverse' category should include at least 1:1 compensation (no net loss within the Natural Area) if the development is allowed. (D) See Tables 1, 5 and note (F) below for the definition of nature conservation value. (E) See the main text for the definition of impact. (F) Positive impacts should be considered to be of lower value if the gains are clearly evident but not significant in terms of the conservation objectives of the Natural Area. Positive impacts should be classed as moderate value if they deliver significant gains to the Biodiversity Action Plan objectives in the Natural Area, and as large value if they deliver positive gains of national or international importance.

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APPENDIX 1.F: INDEX OF ABBREVIATIONS Abbreviation Title ALGE Association of Local Government Ecologists CCW Countryside Council for Wales CRoW Countryside and Rights of Way Act 2000 EIA Environmental Impact Assessment EPS European Protected Species GGBAG Greater Gwent Biodiversity Action Group GlamBAG Glamorgan Biodiversity Advisory Group HAP Habitat Action Plan LBAP Local Biodiversity Action Plan LNR Local Nature Reserve LPA Local Planning Authority NEF Natural Environment Framework NER Networked Environmental Region NERC Natural Environment and Rural Communities Act 2006 NNR National Nature Reserve PPW Planning Policy Wales RDB Red Data Book SAC Special Area of Conservation SAP Species Action Plan SINC Site of Importance for Nature Conservation SPA Special Protection Area SPG Supplementary Planning Guidance SSSI Site of Special Scientific Interest TAN Technical Advice Note UDP Unitary Development Plan UKBAP United Kingdom Biodiversity Action Plan WAG Welsh Assembly Government WCA Wildlife and Countryside Act 1981 (as amended)

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APPENDIX 1.G: SCREENING CRITERIA FOR HABITATS REGULATIONS APPRAISALS (HRA) The following criteria will be used to screen plans, projects or programmes for relevance to the HRA process:-

1. A HRA will be required for any plan, project or programme which results in an activity which is known to affect a European site.

2. A HRA will be required for a plan, project or programme which:-

Steers a quantum or type of development towards or encourages development in, an area that includes a European site or an area where development may indirectly affect a European site.

The ‘area’ referred to above will include:-

Any area within the boundary of the European site

All land within 1000m of the boundary of the European site

All land or any area of watercourse in hydrological connectivity (tributaries, ground water etc.) with a European site to include those within 1000m (provisional) of the boundary of watercourses up stream and down stream of the European site

All land within 3km of a European site for industrial developments, larger housing developments and minerals consents including those requiring an EIA

All land within distance criteria set out in paragraphs 2 and 3 of Appendix 2 to Annex XVII of Part B of the General Guidance Manual on Policy and Procedures for A2 and B Installations.

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APPENDIX 1.H: GUIDANCE ON SUITABLE TIMES FOR HABITAT AND SPECIES SURVEYS Survey \ Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

Vegetation / habitat Sub-optimal survey period Optimal survey period Sub-optimal survey period

Otter Surveys possible Surveys may be limited by vegetation cover Surveys possible

Dormouse Gnawed hazelnut search Nest tube / box survey Gnawed hazelnut search Bats (Activity / Summer Roost) Surveys not possible

Sub-optimal Optimal survey period

Sub-optimal Surveys not possible

Bats (Hibernation roosts)

Optimal survey period

Sub-optimal Surveys not possible

Sub-optimal Optimal

Bats (Building inspection for signs)

Surveys possible year-round

Water Vole Surveys possible Surveys may be limited by vegetation cover Surveys possible

Badger Surveys for badger signs possible year-round

Great Crested Newt Surveys not possible Optimal survey period

(Breeding adults) Sub-optimal survey period

(adults and larvae) Surveys not possible

Reptiles Surveys not possible Optimal survey period Sub-optimal survey period Optimal Sub-

optimal Surveys not

possible

Breeding birds Surveys not possible Main breeding bird period Surveys not possible

Invertebrates Surveys not possible Optimal survey period Surveys not possible

Fungi Optimal survey period

Freshwater Crayfish Surveys not possible Sub-optimal Optimal survey period Surveys not possible


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APPENDIX 1.I: CONSULTATION ON THE DRAFT SPG Consultation on this guidance was undertaken between 21 February and 21 March2011. A Press Notice was placed in the Western Mail on Monday 21 February 2011and notices and copies of the draft guidance were placed in all Cardiff Libraries. Thedraft guidance was also published on the Council's website. Letters notifying that consultation was being undertaken on the draft guidance weresent to Cardiff Councillors, the Welsh Assembly Government, Environment Agency,Countryside Council for Wales, Community Councils in Cardiff and the following who are known to have a general interest in planning in Cardiff, or a potential interest inthis guidance:- Absolute Adventure (HCE) Arup Baker Associates Barton Willmore Planning Associates Black Environment Network Boyer Planning British Trust for Conservation Volunteers Butetown/Grangetown Health Living Programme Butterfly Conservation (South Wales) Caerphilly CBC Cardiff Access Group - Grwp Mynediad Caerdydd Cardiff Allotment Holders Association (Chairman Mrs Dawn Gibbens) Cardiff Community Safety Partnership Cardiff HDRA Organic Gardeners Cardiff Naturalists' Society Cardiff University People & Planet Cath Cobb Community Woodland Group (Jane Baker) Cath Cobb Environment Group CCC Flat Holm Project CDN Planning City and County of Swansea Coed Cymru David Clements Ecology Ltd DLP Planning Ltd DPP DTZ Pieda Consulting Environment Wales Farming & Wildlife Cymru (Dr Glenda Thomas Forest Education Initiative Forest Enterprise Institute Forestry Commission in Wales Friends of Cathays Cemetery Friends of Clare Gardens Garden Project Friends of Coed Y Felin Friends of the Dell Fairwater Friends of Forest Farm Nature Reserve/Country Park Friends of Forest Farm Friends of Hailey Park Friends of Heath Park Woodland Friends of Heath Park Friends of Howardian


Friends of Insole Court Friends of Llanishen Fach Open Space Friends of Melingriffith Water Wheel Friends of Moorland Park Friends of Nant Fawr Community Woodland - Projects Friends of Plasturton Gardens Friends of Plymouth Great Wood, Ely Friends of the Earth GL Hearn Planning Glamorgan Bird Club Glamorgan Moth Recording Group Groundwork Caerphilly GVA Grimley Gwent Wildlife Trust Halcrow Harmers Ltd Home Builders Federation Inroads John Robinson Planning and Design Keep Wales Tidy Campaign Lions Club of Cardiff Lovell Partnerships Limited Merthyr Tydfil CBC Nathaniel Lichfield and Partners National Federation of Women's Institutes National Museum of Wales National Trust in Wales Newport City Council NFU Cymru Permaculture Association Radyr Woods Wardens Reservoirs Action Group Rhondda Cynon Taff CBC - Planning Dept Riverside Community Garden (Allotments) Project Riverside Community Market Association Robert Turley Associates RPS Group Plc RSPB Cardiff RSPB Cymru Savills Hepher Dixon School of Biological Sciences SKM Enviros South East Wales Biodiversity Records Centre St. Mellons Environment Action Group Stride Treglown Davies TRAG /Camaes Crescent Association UPM Tilhill Economic Forestry Wales Biodiversity Partnership Welsh Local Government Association Western Power Distribution White Young Green Planning Wildlife Trust of South & West Wales Wildlife Trust of South & West Wales (Cardiff Group) WS Atkins

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APPENDIX 1.J: CONSULTATION REPRESENTATIONS AND RESPONSES Response Number

Reference Representation Council Response Changes to SPG

1 General Are you aware of any significant differences from the SPG issued by other authorities in Wales

There is no ‘template’ for SPGs and each authority approaches them differently. The current amendment is based upon the 2006 version, with updates for changes in legislation and amended sites. For the 2006 version, we looked at SPGs from other South Wales authorities and tried to incorporate best practice.

No change

2 1.1.1 In 1.1. it states it "relates to...existing development plans"; why doesn't it apply to future development plans?

Future land-use plans such as the forthcoming LDP will need to have a new SPG which relates specifically to the new policies therein.

No change

3 1.3 I find it hard to understand from 1.3 exactly what planning applications will be required to submit which environmental information initially.

Paragraph 1.3.4 states ‘Early pre-application discussions with Cardiff Council’s Environmental Advice Team are recommended to establish the information required.’ This applies equally to bulk developers as to householders. The information to be supplied with an application is determined on a case-by –case basis. Applications are accompanied by environmental information increasingly regularly, but where this information is insufficient (or non-existent) then the ecologist dealing with the case will stipulate additional information required as in paragraphs 1.3.3 to 1.3.5.

Change paragraph 1.3.3 to:- ‘Applicants may be required to submit sufficient detailed information in support of a planning application to enable its impact on biodiversity interests to be properly assessed.’

4 General If I were designing a planning process, I would have a standard, simple, environmental 'check-list' form as part of all applications which specifically asks, in relation to the proposed site

The environmental checklist proposed would be similar to the draft Validation Checklist procedure, proposed by the Association of Local Government Ecologists (ALGE), in

No change


and a defined surrounding area, about protected species in general, and bats, badgers and various others in particular. Also about features such as ponds, hedges, trees that may be affected in any way by the proposed development. The effort to complete it would be proportional to the development. For example, if a householder wished to build a modest home extension, he/she could answer such questions in a minute. A developer proposing to transform an area of countryside would need to do some preliminary work.

collaboration with Defra and Natural England. If we decide to employ this procedure, it will for part of a subsequent Biodiversity SPG following adoption of the forthcoming LDP.

5 General The place name St Fagans has no apostrophe and should not appear anywhere as St Fagan's.

Agreed Replace where appropriate

6 2.3 There should not be a space after ST in Ty Du Moor ST 107792

Agreed Remove space

7 Part 2 It would be helpful if all the site names and OS references were clickable links to a map so one could see where they are, rather than needing to look up a map separately when reading on-line. At least do this for ss 2.3 and 2.4, it's really not difficult and these days is a normal and common facility to provide.

Clickable links will be provided to the CCW website holding LNR, SSSI and international site data and maps. Maps of Cardiff’s SINC sites are available on our online mapping portal, and SINC designation sheets will also be available.

Links will be incorporated into text of online SPG. For SINCs, a link will be given for a web page containing all of the SINC designation sheets, but not directly to individual designation sheets.

8 1.3 From the wording I would assume that every project submitted for Planning Approval will now require a Biodiversity Statement of sorts?

In principle, biodiversity should be a consideration for every application, but clearly for most applications the conclusion would be that there would be no impact upon biodiversity. As set out in paragraph 1.3.4, we advise pre-application discussion with the Environmental Advice Team, and also reference to the Biodiversity webpage and parts of the Biodiversity SPG such as 1.3.7, 1.5.15, Appendix 1.H and all of Part 2.

Change paragraph 1.3.3 to:- ‘Applicants may be required to submit sufficient detailed information in support of a planning application to enable its impact on biodiversity interests to be properly assessed.’

- 36 - Draft


9 1.3 From my understanding only projects which have

an ‘effect on biodiversity’ would constitute requiring a Biodiversity Statement. But what constitutes ‘effects on biodiversity’? For example in a number of projects we may be using existing planted areas/grassed areas for extensions – would this be classed as an ‘effect on biodiversity’ or only if it were to affect particular types of habitat/species?

Projects including habitat management should give consideration to the effects upon habitats and species. We recommend reference to the Cardiff Biodiversity Action Plan, and early consultation with the Environmental Advice Team

None

10 Appendix 1.D Standard Condition relating to Japanese Knotweed should be amended to allow it to remain where it poses no threat to the ecosystem as it provides a source of food for bees

This condition will only be used where a development site contains Japanese Knotweed, in which case it is likely to need to be treated in compliance with the Wildlife and Countryside Act. Outside of development situations, our Parks department have a programme of spraying with herbicide to prevent the spread of this weed, but there will be populations, especially in rural areas, which are not treated.

None

11 Appendix 1.D Standard Condition relating to breeding birds should be amended to take account changing nesting season caused by climate change.

Any changes in breeding periods caused by global warming are likely to take place over a long period of time, and subsequent SPG amendments will take account of this.

None

12 General Technical Advice Note (TAN) 5: We welcome references to Planning Policy Wales (PPW). We are concerned that there is no reference to TAN 5 (September 2010) which contains detailed advice relevant to this SPG.

Insert references to TAN5 where this can provide useful additional information or interpretation.

Further references to TAN 5 included in text.

13 General Planning portal and the 1 App process: We recommend that the SPG clarifies how it fits with the suite of advice to applicants when submitting electronic (or other) applications.

Links to the Biodiversity SPG and other SPGs are available on the Council’s web page under Planning Policy.

No change

14 1.1.1 Local Development Plan (LDP): We recommend that the SPG clarifies how it informs the LDP.

The current SPG relates to extant land-use plans, and not to the forthcoming LDP. This is

None

- 37 - Draft


set out in paragraphs 1.2.6 and 1.2.7. 15 1.2.3 For improved clarity, CCW suggests that the first

sentence of this paragraph is amended to: ‘Legislation protecting certain species and habitats, and wider Assembly Government policy in relation to biodiversity are translated into national planning policy in:’.

Technically the new sentence proposed may be more precise, but the current text is readily understandable.

No change

16 1.3.2 As

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