INDIVIDUAL EXECUTIVE DECISION SITES OF NATURE CONSERVATION IMPORTANCE EXECUTIVE MEMBER FOR ENVIRONMENT – BOB KERR EXECUTIVE MEMBER FOR ECONOMIC REGENERATION AND CULTURE – DAVID BUDD DIRECTOR OF ENVIRONMENT – IAN PARKER EXECUTIVE DIRECTOR OF REGENERATION – TIM WHITE 6 NOVEMBER 2006 PURPOSE OF THE REPORT 1. To approve 17 identified Sites of Nature Conservation Importance (SNCI) for consultation with the Tees Valley Biodiversity Action Plan Partnership (TVBAPP). BACKGROUND AND EXTERNAL CONSULTATION Sites of Nature Conservation Importance 2. SNCIs are non-statutory designations for sites that are of value in the local area in terms of habitat types, floral and faunal variety. This value is established from surveys. SNCIs are also referred to as Local Sites. 3. A Local Sites Review Group was set up by the Department of the Environment, Transport and the Regions (April 2000) and defined the overall objective of an SNCI system as follows: “The series of non-statutory local sites seek to ensure in the public interest the conservation, maintenance and enhancement of species, habitats, geological and 1 geomorphological features of substantive nature conservation value. Local site systems should select all areas of substantive value including both the most important and the most distinctive species, habitats, geological and geomorphological features within a national, regional and local context. Sites within the series may also have an important role in contributing to the public enjoyment of nature conservation.” 4. The importance of SNCIs is recognised in national planning guidance. Planning Policy Statement 9: Biodiversity and Geological Conservation (PPS 9), advises that SNCIs have a fundamental role to play in helping meet overall national biodiversity targets, contributing to the quality of life and well being and in supporting research and education. It advises that Local Development Frameworks (LDFs) should identify local nature conservation areas on the proposals map. 5. Planning Policy Guidance 17: Planning for Open Space, Sport and Recreation (PPG17) requires that audits of open space are carried out to ensure that high quality open space of particular value to the community is identified and protected. The PPG recognises that areas of high quality open space may include areas that benefit wildlife and biodiversity. In Middlesbrough audits were carried out in 2004/2005 and have informed the development of the consultation draft Green Spaces Strategy. 6. In 2004 the TVBAPP identified a series of targets and actions for the maintenance and enhancement of 12 locally important species and 23 locally important habitat types across the Tees Valley. For Middlesbrough this has been distilled down into an Action Plan for Habitats and Species that identifies four locally important species and 14 locally important habitat types. The Action Plan was approved by the Local Strategic Partnership Environment Theme Group on the 1 November 2005. The designation of SNCIs through the LDF is an important component of achieving the actions and targets set out in the Action Plan. Current Situation 7. Within Middlesbrough there are currently three types of nature conservation designation, as follows: i. ii. iii. 22 SNCIs; 10 Local Nature Spaces; and 3 Local Nature Reserves. 8. The SNCIs and Local Nature Spaces were designated in Spaces for Nature, A Nature Conservation Plan for Middlesbrough (1993), following botanical surveys by Cleveland Wildlife Trust. The sites are also identified in the adopted Local Plan (1999). A list of the sites is provided at Appendix A. Local Nature Spaces was a non-statutory local designation, specific to Middlesbrough for sites that had some wildlife or community interest but that did not merit SNCI designation. 9. The three Local Nature Reserves - Stainton Quarry, Linthorpe Cemetery and Berwick Hills Allotments – are statutory declarations, under the National Parks 2 and Access to the Countryside Act 1949. These sites were designated, through English Nature’s Wildspace! Grant Scheme (2001-2005) because of the opportunities they provide for environmental education and access to local wildlife for residents. 10. In order to ensure a consistent Tees Valley approach to the designation of SNCI sites, Tees Valley Wildlife Trust developed criteria for the identification of the sites, on behalf of the TVBAPP. The criteria were based on the Department for the Environment, Food and Rural Affairs (DEFRA) publication, Local Sites – Guidance on their Identification, Selection and Management. The Tees Valley criteria were approved by the TVBAPP in June 2005, and a copy is available in the Members’ Resource Library. The TVBAPP also agreed that the hierarchy of nature conservation sites should be simplified and, therefore, non-statutory sites (local nature spaces) will not be designated through the LDF. 11. In 2004, the Council commissioned the Tees Valley Wildlife Trust to carry out a comprehensive ecological survey of the 22 SNCIs, the 10 Local Nature Space sites and other potential sites of nature conservation interest. 17 of the sites met the Tees Valley criteria for designation as SNCIs. A list of the sites and plans showing their boundaries is attached at Appendices B and C respectively. A more detailed list of the habitats and species present on each site is available in the Members Resource Library. 12. In comparison to the 1993 designations there are a number of proposed changes. Five sites that did not qualify for SNCI status in 1993 now meet the criteria, being Berwick Hills and Ormesby Beck Complex, the section of Marton West Beck adjacent to the golf course, Maze Park, Middlebeck, and the Old River Tees. Twelve of the sites that qualified for SNCI status in 1992 no longer qualify, being Acklam Whin, Stainton Vale Farm Hedge, Coulby Newham Pond, seven South Middlesbrough Woodland sites, Nunthorpe Hall Grounds and Low Gill. Next Steps 13. The DEFRA guidance on SNCIs recommends a local sites partnership approach to the identification, management, monitoring and enhancement of sites. Established partnerships should be used where they exist. The list of sites and survey data will therefore be presented to the TVBAPP for its ratification. 14. The sites will then be taken forward for wider consultation through the LDF process in the Environment Development Plan Document (DPD). The first stage will be their inclusion in the Issues and Options report in September 2007. The site boundaries will be identified in the submission draft Environment DPD and accompanied by an appropriate planning policy. It is envisaged that this would be similar to existing Local Plan policy E16, which seeks to protect SNCIs for their nature conservation value unless the development is of overriding national, regional or local importance and no alternative site is available. In such circumstances mitigation or replacement habitat would be required. As with all LDF policies and designations, they will be subject to independent examination prior to adoption. The ratification of the sites by the TVBAPP will increase the robustness of the evidence when it is considered at the examination. 3 15. Two of the proposed SNCIs are in locations that may be subject to future development during the lifetime of the LDF, which covers the period to 2021. The Berwick Hills/Ormesby Beck site lies within the Middlesbrough Local Plan’s protected route for the East Middlesbrough Transport Corridor. The Maze Park site is within the South Riverside Zone of the Stockton Middlesbrough Initiative, which includes the proposals for the Green Blue Heart. 16. Both sites are subject to a number of constraints on any future development. The Berwick Hills/Ormesby Beck site is identified as a proposed SNCI due to the presence of water vole and reed bed. Water voles are included on DEFRA’s list of species of principal importance for the conservation of biological diversity. PPS9 advises that development that would harm the species or their habitat should only be granted where the benefits of the development clearly outweigh the harm. Reedbeds are a priority habitat under the UK Biodiversity Action Plan and are a nationally and regionally scarce resource. The site was also designated as a Local Nature Reserve by the Council in 2003. The Maze Park site is owned by the Wildlife Trust and subject to a restrictive covenant. 17. At this stage the proposals for the Green Blue Heart and the East Middlesbrough Transport Corridor are not sufficiently detailed to identify precise land requirements and to assess the impact on the proposed SNCIs. It may, therefore, be appropriate to have a dual designation on these two sites covering the proposed future use and the SNCI. This would ensure that the wildlife and habitat interest is fully considered and mitigation measures or compensatory provision of habitat created if development were to proceed. This dual designation approach has been adopted in the Local Plan for the Berwick Hills/Ormesby Beck site, where the land is designated as green wedge, primary open space and Tees Forest and for future development (proposed transport corridor). All LDF land use and conservation designations will be the subject of future Executive reports at appropriate stages during the document’s preparation. OPTION APPRAISAL/RISK ASSESSMENT 18. The main option relates to the number of sites proposed for SNCI designation through the LDF. The 17 identified sites comply with the approved TVBAPP criteria for identification of SNCIs. If other sites were included, or sites excluded, the designation process would not be consistent with the established criteria. As such, there are no other viable options. FINANCIAL, LEGAL AND WARD IMPLICATIONS 19. Financial – The proposed consultation with TVBAPP does not have any financial implications. However, an amphibian survey is required for two sites to assess the population size (see Appendix B). It is estimated that this will cost approximately £2,000 and will be funded through the Countryside, Parks and Open Spaces budget. The proposed SNCIs will be taken forward through the LDF process. The costs of producing the LDF are being reviewed to reflect changes in costs and profiling of expenditure over the years and it is expected that costs can be contained in the Local Plans budget from 2007/8 onwards. 4 20. Legal Implications – Some of the species and their habitats identified in the Action Plan are protected by law. 21. Ward Implications - The proposed SNCIs are located in the wards of Acklam, Ayresome, Beckfields, Beechwood, Brookfield, Coulby Newham, Kader, Ladgate, Marton West, Middlehaven, Nunthorpe, Pallister, Stainton and Thornton, and Thorntree. The enhancement of the natural environment will make Middlesbrough a more desirable place for people to live and visit and for future generations’ enjoyment. RECOMMENDATIONS 22. It is recommended that the Executive Members approve the list of 17 SNCIs for consultation with TVBAPP. The designations will then subsequently be taken forward for consideration through the LDF process. REASONS 23. The recommendation is supported by the following reasons: i. to maintain and enhance priority habitats and locally important species; and, ii. to implement the Action Plan for Habitats and Species in Middlesbrough. BACKGROUND PAPERS 24. The following background papers were used in the preparation of this report: i. guidelines for the selection of Sites of Nature Conservation Importance in the Tees Valley; ii. list and location of Sites of Nature Conservation Importance in Middlesbrough; and, iii. Local Sites: Guidance Management (Defra). on their Identification, Selection and AUTHORS: Sue Antrobus/Martin Coleclough TEL NO: 01642 515610 / 728069 ______________________________________________________ Website: http://www.middlesbrough.gov.uk 5