82. The policies in this chapter aim to conserve and enhance
the diversity of wildlife in the Borough and to prevent development
which would result in the loss of habitats and individual species.
For development to be sustainable the natural environment must be
maintained and losses minimised at all levels of significance from
international to local. Small scale developments may be significant
due to their cumulative adverse effect on sites of wildlife value.
These nature conservation policies will be complemented by the
management of sites to maintain and enhance their wildlife value.
The management of the Chichester and Langstone Harbours
(Hampshire/West Sussex) Special Protection Area (
SPA
) and Ramsar site and
the Solent Maritime Special Area of Conservation (
SAC) is especially
important because of their international importance.
NC1 PROTECTION OF THE NATURAL
ENVIRONMENT
All development proposals should
avoid damage to biodiversity and geological/geomorphological
features and seek to achieve wildlife gain wherever possible.
Development will only be permitted where any adverse effects can be
reduced to an acceptable level by enhancement or provision of
replacement habitat on the site or in another appropriate
location.
83. Conservation is not confined to
wildlife but includes geology and the natural processes which have
shaped the physical environment thereby complementing the
contribution of habitats to local distinctiveness. This policy
refers to natural environment throughout the Borough because it is
important for as many people as possible to have direct contact
with nature, especially in areas which are largely developed. The
wide distribution of habitats also helps to form networks which are
necessary for maintaining wildlife diversity.
84. Biodiversity has been defined as
"all species of plants and animals, their habitats, and the complex
ecosystems that sustain them". It therefore includes all types of
wildlife, not only rare creatures living in a few places. Proposals
should avoid effects on biodiversity, for example by leaving
habitats undisturbed or by safeguarding them during construction.
Some developments might also achieve wildlife gain by appropriate
native tree and shrub planting.
NC2 SITES OF SPECIAL SCIENTIFIC
INTEREST
Proposals for development in or
likely to affect Sites of Special Scientific Interest will be
subject to special scrutiny. Permission will not be granted for
development which is likely to have an adverse effect on nature
conservation unless the need for the development clearly outweighs
the nature conservation value of the site itself and the national
policy to safeguard such sites.
The Borough Council will seek,
where appropriate, an obligation under Section 106 of the Town and
Country Planning Act, 1990 to ensure the protection and enhancement
of the site's nature conservation interest and compensation for
unavoidable losses.
85. The Harbours and coastal areas of
the Borough, namely Langstone Harbour, Chichester Harbour,
Warblington Meadow and Sinah Common have been designated as Sites
of Special Scientific Interest (
SSSI
).
These sites comprise fragile habitats but are affected by leisure
activities, marine industries, dredging for aggregates and coastal
protection works.
86. Mitigation for development by
enhancement or restoration is a requirement under the Countryside
and Rights of Way Act 2000. Unavoidable losses of habitat should be
compensated for by habitat creation or enhancement of alternative
sites within the control of the developer.
NC3 SITES OF INTERNATIONAL
IMPORTANCE FOR NATURE CONSERVATION
The impact of proposals for
development in or likely to affect sites of international
importance will be subjected to the most rigorous examination.
Development will not be permitted which is likely to involve the
destruction or adversely affect the integrity of the sites, either
individually or in combination with other proposals, unless there
is no alternative solution and an imperative overriding public need
for the development.
If the development site hosts a
priority habitat and/or species the proposal will not be permitted
unless it is necessary for human health, or public safety or it has
beneficial consequences of primary importance for the
environment.
When considering an application
for development that adversely affects an internationally important
site or species, the Borough Council will have regard to the
Conservation (Natural Habitats, & C.) Regulations 1994 and will
seek, where appropriate, an obligation under Section 106 of the
Town and Country Planning Act, 1990 to ensure that the overall
coherence of Natura 2000 is protected.
87. Most of the Sites of Special
Scientific Interest have been designated as a Ramsar Site and a
Special Protection Area (
SPA) because of their
international importance. These designations share the same
boundaries as the Langstone and Chichester Harbour SSSIs. Almost
all of this area is also considered to be worthy of designation as
a Special Area of Conservation (
SAC
).
The Ramsar site,
SPA and
SAC are designated under
different legislation. Each designation recognises the
international importance of different habitats and species. The
Borough Council will consult with English Nature and other relevant
authorities when considering an application which affects a site of
international importance.
88. 'Integrity of a site' is defined as
'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 levels of populations of the species for which
it was classified.'
89. 'Overriding public need' is expected
to be a rare justification for allowing development which would
have an impact on the integrity of the Ramsar,
SPA and
SAC sites. Compensatory
habitat provision outside the site but within the control of the
developer is required if the importance of the development is
judged to outweigh the nature conservation importance of the site
and there are no other alternatives. The continuing presence and
support for internationally important wildlife features will be a
requirement for projects involving habitat loss and
compensation.
90. 'Natura 2000' refers to the network
of areas designated to conserve natural habitats and species which
are rare, endangered or vulnerable in the European Community. The
Natura 2000 term comes from the 1992
E.C. Habitats Directive.
91. Brent geese are a species of
international importance. The Hampshire Wildlife Trust has produced
a Brent Goose Strategy in collaboration with local authorities and
other organisations. This sets out a range of conservation policies
and proposals and draws attention to the need for mitigating action
where conflicts arise between the interests of the geese and
pressures for development. Havant Borough Council will use the
Brent Goose Strategy as a material consideration in the
determination of planning applications. There are many Brent Goose
feeding sites around the Harbours which are not protected by nature
conservation designations because they are agricultural, amenity or
recreation grasslands. Planning permission will only be granted for
development of such sites where conditions or legal obligations can
be attached to ensure compensation either by provision of
alternative feeding sites or by enhancement of an existing habitat
within the control of the developer.
NC4 SITES OF IMPORTANCE FOR NATURE
CONSERVATION AND LOCAL NATURE RESERVES
Development will not be
permitted which is likely to harm a Site of Importance for Nature
Conservation or a Local Nature Reserve unless there are reasons for
the proposal which outweigh the need to safeguard the nature
conservation value of the site.
The Borough Council will seek,
where appropriate, an obligation under Section 106 of the Town and
Country Planning Act, 1990 to ensure that developments are achieved
satisfactorily and to provide compensatory measures to offset the
loss of nature conservation features.
92. Sites of Importance for Nature
Conservation (
SINCs)
comprise habitats which are significant at a Hampshire, Borough and
local level. They include a variety of habitat types such as
ancient woodland, unimproved grassland, ponds and streams.
SINCs are
sites of critical importance for nature conservation - they are
considered to form an irreplaceable resource which should be
protected from the adverse effects of development. The criteria for
identification of SINCs jointly adopted by Hampshire County
Council, English Nature and Hampshire Wildlife Trust, and endorsed
by Havant Borough Council, are included in Hampshire County
Council's document Sites of Importance for Nature Conservation
(
SINCs) for
Havant Borough. SINCS designated before July 2005 are shown on the
Proposals Map but continual assessment of SINCs may result in
alterations in the future to the number and extent of SINCs in the
Borough.
93. There are four Local Nature Reserves
(
LNR) at Gutner
Point, The Kench, Sandy Point and West Hayling. Local Nature
Reserves provide opportunities for seeing, learning about and
enjoying wildlife and complement SINCs which are often
privately-owned and thus not accessible to the public.
NC5 OTHER FEATURES OF NATURE CONSERVATION
INTEREST
Where possible nature
conservation interests will be safeguarded outside the statutorily
protected sites and Sites of Importance for Nature Conservation.
Development will not be permitted unless at least one of the
following apply:
(i) The proposal contributes to,
or does not unacceptably affect nature conservation.
(ii) The features of interest
can be protected from unacceptable harm.
(iii) It is possible to
compensate for their loss.
(iv) Nature conservation is
outweighed by the justifications for the proposal.
The Borough Council will seek,
where appropriate, an obligation under Section 106 of the Town and
Country Planning Act, 1990 to ensure that developments are achieved
satisfactorily and to provide compensatory measures to offset the
loss of nature conservation features.
94. There are many features of
conservation value which are not included in designated sites and
only require protection when threatened by development proposals.
These features include important trees, hedges, small woodlands,
semi-natural grassland, heathland, ponds and minor watercourses.
Besides their nature conservation value such features add to local
distinctiveness and are part of the Borough's history. To be
effective, protection means defining spaces around the features to
be safeguarded to prevent harm during construction work and to
leave them free of development. There may be opportunities for
including features in the open spaces within the development.
Compensation for loss could be achieved by planting suitable
species which provide habitats for wildlife.