F I F E
C O U N C I L
Environment & Development Committee
17th November 2005
Agenda Item No.
REVIEW AND CONSULTATION ON THE ESTABLISHMENT AND MANAGEMENT OF
LOCAL NATURE CONSERVATION SITE SYSTEMS
1.0
INTRODUCTION
1.1
COSLA has circulated for comment a draft report on the Establishment and Management
of Local Nature Conservation Site Systems: Review and Consultation and has sought
comments on its content and proposals. The document has been prepared by a Working
Group comprised of COSLA, RTPI, Scottish Natural Heritage (SNH), Scottish Wildlife Trust
(SWT), British Geological Survey (BGS) and LINK.
1.2
The Working Group has identified key questions to be considered through the consultation
process and has requested that comments on these, together with any comments on other
aspects of the consultation paper, be sent to the Group through Scottish Natural Heritage.
The closing date for receipt of these responses was 30th September 2005 and a draft
response has already been submitted by the Head of Development Services on behalf of
Fife Council in order to meet this deadline, this response being subject to the views of this
committee also being forwarded. Members are therefore asked to homologate and endorse
the response, which is reproduced as Appendix A, together with the recommendations at
the end of this report.
2.0
FINANCIAL IMPLICATIONS
2.1
The recommendations contained within the draft report indicate that the designation,
review and management of Local Nature Conservation Sites (LNCS) should be overseen
by the local authority. This has potential resource implications (financial and staff) for local
authorities relative to site survey, data input, negotiations with landowners, site
management planning and site monitoring and review. Within Fife some of these costs may
be addressed through actions undertaken through the Local Biodiversity Action Plan
(LBAP) process and the Fife Environmental Recording Network (FERN). In addition most
existing LNCS (Wildlife Sites) in Fife have been reviewed recently thus reducing the cost
implications of making the local authority responsible for the designation process.
3.0
LEGAL IMPLICATIONS
3.1
LNCS, known at present within Fife as Wildlife Sites or Sites of Importance for Nature
Conservation (SINCs), are non-statutory sites of nature conservation value. However, they
are identified within Local Plans and protected by relevant policies. The Nature
Conservation (Scotland) Act 2004 places a duty on local authorities to ‘further the
conservation of biodiversity’ in exercising their functions and, in complying with that duty ‘to
have regard to any strategy designated’ under the Act, namely, the Scottish Biodiversity
Strategy (SBS). This strategy includes objectives relating to the management of wildlife
sites and identification of further sites, and their role in raising awareness about nature
conservation. The Urban Implementation Plan 2005-2007 associated with the SBS
incorporates the need for a review of such sites and production of relevant guidance in
which local authorities play a key supporting role. All of this strengthens the value attached
to LNCS within the suite of nature conservation site designations and the need for their
recognition and protection within the development planning system.
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4.0
DISCUSSION
Existing Wildlife Site system in Fife
4.1
Local Nature Conservation Sites have been long-established in Scotland as a
complementary designation to the statutory site designation process (SSSI’s, Special
Protection Areas, Special Areas of Conservation and RAMSAR sites) highlighting the value
of the biodiversity heritage at the local level. The Scottish Wildlife Trust has been the
principal body which has taken forward the designations through its Wildlife Sites system
(as documented in the Wildlife Sites Manual, 1993) although local authorities have
sometimes adopted their own systems. The Working Group has been established with the
aim of standardising the purpose for LNCS throughout Scotland, emphasising how it
complements other mechanisms for biodiversity and geodiversity conservation and
recommending a procedure to be adopted for LNCS establishment and management
throughout Scotland thus making the whole process more robust and defendable.
4.2
Fife has 82 Wildlife Sites at present all of which have been reviewed recently by the SWT
in association with FERN. Such sites seek to protect in a local context valuable areas of
semi-natural habitat which do not contain species or habitats of national or regional
importance which would warrant statutory designation of the site, or the habitat/species are
already represented in a statutory designation. Thus, they fulfil a complementary role
between the biodiversity resource of the wider countryside and the key sites identified
under the statutory process. There are close links between site selection and the LBAP
and this is likely to assist in future site designations.
4.3
Under the present system in Fife, sites are designated through the gathering of survey
information, all other available information is brought together and the site is then assessed
by local experts and FERN using the SWT Site Manual criteria to determine if it meets
Wildlife Site status. The owner is notified, and hopefully agrees to the designation, and in
the recent site review in Fife, if requested, owners were given management advice by the
SWT. Once agreed the sites are included in local plans and afforded policy protection. In
addition to the biological sites there is also a system in place for designating RIGS sites
(Regionally Important Geological and Geomorphological Sites); this is done through the
Fife RIGS Group of local geological experts again using agreed criteria to assess sites
which are then notified to the Council for inclusion in Local Plans.
Working Group proposals for LNCS
4.4
The purpose of the draft guidance is to ‘introduce a single purpose for LNCS systems and
will show how LNCS complement and support other mechanisms for biodiversity and
geodiversity conservation’. It recommends a framework for the operating of a LNCS system
to enable it to be established and maintained to a national standard. This in turn will enable
local authorities ‘to identify and prioritise action to fulfil the duty’ to further the conservation
of biodiversity (as far as is consistent with their functions) under the Nature Conservation
(Scotland) Act 2004.
4.5
The review identifies that the purpose of LNCS must add value to existing mechanisms
such as statutory designations and greenspace projects in support of the policy context for
biodiversity in terms of conservation and enhancement, contribute to environmental quality
and provide opportunities for education and involvement. This approach very much
supports the principles being followed in the Fife Community Plan, Fife Environmental
Strategy and the implementation of the Fife LBAP.
4.6
On this basis the review suggests two categories of LNCS: Local Biodiversity Sites (LBS)
and Local Geodiversity Sites (LGS), with the aim of recognising the local importance of
natural features. To a great extent this mirrors the present Wildlife Sites and RIGS sites
designations in Fife. The review ‘has concluded that the specific contribution of local
biodiversity sites is to recognise places of substantive local importance for biodiversity,
where conservation and enhancement of the biodiversity resource can make a significant
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contribution to the 2010 target of the Scottish Biodiversity Strategy’ which aims to halt the
loss of biodiversity and continue to reverse previous losses through action for species and
habitats. In addition local geodiversity sites recognises geodiversity of substantive local
importance the protection and enhancement of which ‘can contribute to the quality of local
environments and offers opportunities for the enjoyment and understanding of local
people’. Such sites could even be identified through the preparation of a Local Geodiversity
Action Plan (LGAP) to complement the LBAP. This proposal is considered acceptable to
the development of a standard approach to LNCS.
4.7
Perhaps the key recommendation in the draft guidance is that the ‘review and management
of LBS and LGS systems should be overseen by the local authority, with the input of a
panel of advisors comprising relevant interests and expertise’. This takes the designation
process away from the SWT and gives it a more formal standing in keeping with its status
within the Scottish Biodiversity Strategy. The LBAP Partnership is seen as an appropriate
group to take this forward through a sub-group. The site assessment will be based on
locally set criteria (but following a basic format which is standardised throughout Scotland)
which can be justified should a site be threatened by development proposals. Further
clarification will be needed in the guidance on the content of these criteria.
4.8
However, the change in responsibility for site designation does have potential resource
implications for local authorities in terms of the costs of site survey and review, negotiating
with landowners and formal site designation. There is little doubt that this will be a
considerable burden for some local authorities and some financial support may be required
to assist the process. Fortunately, given that Fife has already reviewed most of its existing
Wildlife Sites then this should not prove too onerous a task in terms of survey and
assessment of new sites. It is estimated that the cost of taking a site to the designation
stage is approximately £1000.00. If resources are not available then there is the danger
that sites will not be designated putting the protection and enhancement of the biodiversity
resource under threat and thus conflicting with the aims of the Scottish Biodiversity
Strategy and the nature conservation duty.
4.9
The Guidance also suggests that a site statement is prepared for each site, this to
incorporate management proposals. It is considered that the latter would be far too
onerous, and potentially costly, and may not gain the support of landowners without
considerable financial incentives; site management needs to be considered separately
from the designation process and indeed site management issues for habitats and species
will need to be targeted primarily to priorities and actions within the LBAP.
4.10
The Guidance also suggests that an explanation of the purpose of LNCS should be
included in local development plans, that such sites need to be taken into account early in
development proposals, that there should be a distinct planning policy relating to such sites
and that they should be clearly identified on development plan proposals maps (preferably
with a boundary shown) or in appropriate supplementary material. These factors are
already taken into consideration in Fife but the duty imposed by the Nature Conservation
(Scotland) Act reinforces the value attached to any designation (statutory or otherwise) in
the protection and furtherance of biodiversity. The designation of LNCS by local authorities
as proposed will give further weight to the role of such sites within the planning and land
use/land management system as a whole.
5.0
CONCLUSIONS
5.1
LNCS are an important component of the suite of nature conservation site designations
which are aimed at protecting a diverse range of habitats and species representative of the
biodiversity and geodiversity heritage of Britain. They are integral to the site protection
process, not just a further constraint to development, and are especially valuable in
providing recognition of habitats and species of significance at the local level; thus they can
play a valuable role in enabling access to wildlife for many people at sites near to where
they live, are of importance in raising awareness of biodiversity/geodiversity and have a
key role in associated environmental education. This is very supportive of the objective
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within the Fife Community Plan for Safeguarding and Improving our Environment, the
actions detailed for the Natural Heritage in the Environmental Strategy for Fife and the
Implementation of the Fife LBAP.
5.1
Given the duty imposed by the Nature Conservation (Scotland) Act for local authorities to
further the conservation of biodiversity then it makes sense for local authorities to have a
key role in co-ordinating the designation of nature conservation sites of local importance.
The principal drawback to this may be the resource implications (both financial and staff) to
undertake the review and formal designation of sites and the additional resources that may
be needed to provide appropriate management advice to landowners. These issues have
not been properly addressed in the draft guidance and are an area of concern even
although Fife has completed its review of LNCS and can hopefully address the site
management issue through the LBAP process. These concerns are identified in the
response in Appendix 1.
6.0
RECOMMENDATIONS
6.1
Members are recommended to:
homologate and endorse the submission by the Head of Development Services,
reproduced in Appendix 1, in response to the consultation draft Establishment and
Management of Local Nature Conservation Site Systems: Review and Consultation;

express concern at the potential financial implications of the proposals and the
need for additional financial support if the proposed system is to be effective;

request that the designation process be separated out from the management
process which can be addressed through the implementation of the LBAP.
Keith Winter
Head of Development Services
Fife House
North Street
Glenrothes
Author: Allan W. Brown, Planner – Natural Heritage
(Physical Regeneration, Environment & Projects, 711 2796)
Date:
November 2005
Ref:
DSCR05.64
BACKGROUND PAPERS
Under Section 50(d) of the Local Government (Scotland) Act 1973 the following background
papers were relied upon in the preparation of this report:
1.
2.
3.
4.
5.
Establishment and Management of Local Nature Conservation Site Systems: Review and
Consultation. Working Group (COSLA). July 2005.
Wildlife Sites Manual. Scottish Wildlife Trust. January 1993.
Nature Conservation (Scotland) Act 2004. Sections 1 and 2.
Scotland’s Biodiversity :It’s in your Hands. (The Scottish Biodiversity Strategy), Scottish
Executive. 2004
Scotland’s Biodiversity: Strategy Implementation Plans 2005-2007. Scottish Executive. March
2005.
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6.
7.
8.
A Stronger Community for Fife: Fife’s Community Plan. The Fife Partnership. Revised Edition
2004.
Take a Pride in Fife: Environmental Strategy for Fife, 2003-2006. Fife Environmental Network.
Action for Biodiversity: The Fife Local Biodiversity Action Plan, 2 nd Edition, 2003-2006. The
Fife Biodiversity Partnership.
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