Designation and countryside protection

Question 1

Why and how are trees protected?

Answer 1

WHY -
- ecological, environmental and amenity value.

STATUTORY & PLANNING PROTECTION:

1. The Planning Trees Regs 2015
   - provision for TPO’s
2. Planning Conservation Area Regs 2015
   - permission required for works
3. Material consideration in planning applications
   - Planning Policy Statement 2 - Natural Heritage
4. BS5837 = Trees in relation to design, demolition and construction
5. Felling licenses required to fell trees in a private woodland - Forest Service

6, NPPF - gives protection to: Ancient and Veteran Trees
NI Forest service has not yet released the data on anchient woodland that has been collected by the Woodland Trust - not yet protected in their own right.

Question 2

Access / Rights of way - why do we have them and how are they protected?

Answer 2

Allow the public to enjoy the countryside, access to open air.

• footpath / bridleway / carriageway

Local Council responsible for

• maintenance
• signposting
• keeping a right of way clear.
• mapping

NI Legislation:
CROW Act (UK)
Access to the countryside Order

CHANGES:
Public has a right to be aware of proposed permanent changes to a ROW and to object.
‘Application for Diversion Order’ to Local Authority
Possible cost associated = advertising + compensation

Question 3

What is an ASSI and what effect might this have on a planning application?

Answer 3

National Designation - Environment Order

Unique: flora, fauna, geological and physiographical.

Management plans - agreement NIEA + landowner.

PDO - only permitted with a license from NIEA.

Aim - improve the condition of the site to ‘favourable’

If proposals are likely to have an adverse effect on the ASSI - planning application will likely require an EIA
- time and cost implications

Question 4

Talk about a Landscape Designation

Answer 4

AONB
Sperrin Mountains - A6 Dualling project
Nat C and Amenity Lands Order

Question 5

International Habitat / species protections

Answer 5

NI Legislation:
Wildlife order
WANE Act
Conservation of Natural Habitat Regulations

Badgers - Wildlife order - 25m zone + NIEA license
Bats & Otters - Conservation of Nat Habitat Regs

Question 6

Invasive Species

Answer 6

Wildlife Order ammended by 
.....The Invasive Alien Species Order NI 2019
- list of 'species of concern'
= penalties for introduction + spreading
- management requirements

Wildlife Order - Jap knot week 7m
Controlled Waste Regulations

Strict liability also applies: accumulation+escape+danger

Question 7

How is the countryside protected?

Answer 7

International Directives and Conventions
- Bern, Bonn, Ramsar, ELC, Birds, Habitats
Stat Protection: National Legislation
Planning Policy - RDS/SPPS/LDPs
Consideration in Planning Applications
Gov Depts - DAERA
responsible Stat Authorities - NIEA
Restrictive operations, enforcement powers and licensing

• Trees
• Landscape
• Habitats
• Protected species and their habitats
• Planning
• Policy
• Management
• Enforcement

Question 8

How is UK environmental law informed by International protection?

Answer 8

RAMSAR (Birds and wetland habitats)
UK: Wildlife and Countryside Act 1981

BERN (Wildlife & Habitats)
UK: Wildlife and Countryside Act 1981

HABITATS D (Habitats of listed species - SAC's)
UK: Wildlife and Countryside Act 1981
\+ Conservation Habitats and Species Regs 2017

BIRDS D (Habitats/nests of listed birds - SPA's)
UK = Wildlife and Countryside Act

BONN (Migratory birds/bats/sharks)
UK: International conservation/management agreements for each species

Wildlife and Countryside Act 1981

• protected spieces flora and fauna
• SPA, SSSI, National Parks, Ramsar
• Rights of way

CROW Act 2000

• Rights of access / public ROW
• Nature Conservation - biodiverity + Ramsar
• AONB, SSSI

Conservation Hab and Species Regs 2017
- SAC

Question 9

Legislation for countryside protection?

SPA’s / invasive species / protected species

Answer 9

1. International:
   - BERN + Hab D + Birds D
2. UK
   Wildlife and Countryside Act 1981

3. NI:
WILDLIFE ORDER 1985
- schedules of protected birds & animals
- SPA's
- Invasive Species

+ WANE Act 2011

• biodiversity
• ammended species lists

Question 10

Legislation for….

Countryside Access/ AONB’s / National Parks / Nature Reserves?

Answer 10

UK = CROW Act

NI = Nature Conservation and Amenity Lands Order

• Access
• National Parks,
• Nature Reserved
• AONB’s
• Management Agreements

Question 11

Legislation for SAC’s?

Answer 11

UK: Conservation Habitats and Species Regs 2017
+ Wildlife and Countryside Act 1981

NI = Conservation Natural Habitats Regs 1995

SAC’s

• management plans
• PDO’s
• compensation
• planning implications

Question 12

Legislation for ASSI / Pollution prevention?

Answer 12

Environment (NI) Order 2002
ASSI
- duty of land owner
- management agreements
- application for works
- enforcement

Pollution prevention & control

• polluting activities
• waste management
• licensing

Question 13

How has Brexit affected environmental protection?

Answer 13

New Environment Bill
- 25 year plan for the environment

New Office for Environmental Control (OEP)
- independent body
- environ oversight - replacing European Commission
Powers:
- Monitor Legislation implementation
- Guide DAERA & NIEA on new laws
- Enforce the environ laws