Environmental Legislation & Control

Question 1

What is The European Landscape Convention (ELC)?

Answer 1

• the first international treaty dedicated to the protection, management and planning of all landscapes in Europe.
• signed by the UK government on 24th February 2006 and became binding in this country on 1st March 2007
• provides a people-centred and forward-looking way to reconcile management of the environment with the social and economic challenges of the future, and aims to help people reconnect with place.
• covers land and water (inland and seas) and natural, rural, urban and peri-urban areas. It covers all landscapes, both outstanding and ordinary or degraded, that determine the quality of people’s living environment.

Question 2

What is Primary and Secondary legislation?

Answer 2

Bills and Acts are often referred to as Primary legislation. A bill is proposed law which is introduced into Parliament.
An Act may delegate power to a government minister to make orders, regulations or rules. These are known as Secondary legislation.

Question 3

How does EU law influence UK law? Where might a LA see EU law in place?

Answer 3

EU law = treaties passed on as directives, regulations and decisions that member states are required to embrace within their own legal system. Where there are conflicts between EU and domestic law, EU law takes precedence. Laws originating from EU that have an impact on LA = EIA regs, CDM regs

Question 4

What are the main sources of law that landscape architect should be aware of?

Answer 4

1. Unwritten (common law) – based on previous judgements e.g Rylands V Fletcher
2. Written legislation (enacted law) – Statutes, Acts and Edicts.
3. Legislation by Acts of Parliament takes precedent over all other sources of law.

Question 5

What are the main branches of law?

Answer 5

→ Civil – rights, duties and obligations of individual members of the community to each other. Aims to remedy not punish. Two biggest areas of civil law = contract and tort.
→ Criminal – sets a limitation on peoples behaviour. Deals with wrongful acts harmful to community & are punishable by the state. Between state &individual.

Question 6

What legislation covers the establishment of rights of way across land?

Answer 6

→ National Parks and Access to the Countryside 1949
→ Countryside Act 1968,
→ Wildlife and Countryside Act 1981,
→ Highways Act 1980,
→ Rights of Way Act 1990 and
→ Countryside and Rights of Way Act 2000.

Question 7

What is an easement?

Answer 7

Easements are rights which one landowner may acquire over the land of another. Attached to the land, not the person and tend to be considered to last in perpetuity E.g rights of way, right for utilities to pass under land.

Question 8

What is a covenant?

Answer 8

A promise to do or not do something on a piece of own land. E.g.build on land. If LA proceeds with project despite covenant both client and LA can be jointly liable for tort of conspiracy (agreeing to do an unlawful act).

Question 9

What are wayleaves?

Answer 9

Wayleaves are similar to easements, but differ in that they are temporary agreements typically used by utilities companies to allow them to install and maintain equipment on privately-owned land in return for payment to the landowner and occupier – usually a one-off payment.

Question 10

Explain what a SANG Is?

Answer 10

It is a ‘Suitable Alternative Natural Green Space’ - SANGS are used to alleviate the potential pressure of a new development which is in close proximity to a Specially Protected Area (SPA). This can be requested by the local authority through a Section 106 agreement or a Planning Condition. Odinham Road is one of my current projects that requires a SANG with Natural England playing a key role in advising the Local Authority

Question 11

What is a SPA?

Answer 11

A Specially Protected Area is a Statutory Planning Designation which derives from the Birds Directive set at a European level, subsequently informed by the BERN Convention at an international level, to protect rare and venerable birds.

Question 12

What is the role of Natural England?

Answer 12

An executive non-departmental public body, sponsored by DEFRA to advise the government on the natural environment in England. Created by Natural Environment and Rural Communities Act (2006)

Responsibilities:
→ Give advice on request to public authorities relating to Natural England’s purpose
→ Conserving & Enhancing the landscape, designated National Parks & Areas of Outstanding Natural Beauty Must manage SSSI’s, National Parks & Areas of Outstanding Natural beauty
→ Promoting Nature and conservation and protecting biodiversity
→ Promoting access to the countryside and open space and encouraging open-air recreation

1. Manage designations
2. Enforce regulations
3. Give advise - to the Secretary of State
4. Give advise - to public authorities (as a statutory consultee in planning)

Question 13

What is a SSSI?

Answer 13

Site of Special Scientific Interest (SSSI)

→ It is an ecological designation protected through stature.
→ The significance is to safeguard for the present and future generations
→ “special nature by reason of its flora, fauna, or geological or physiographical features”
→ Must positively manage the SSSI to obtain a ‘favourable’ condition
→ Designation runs with the land and so the land owner must inform the new owner of the designation and Natural England of the change of owner

Risk: Damaging a SSSI can result in a
£20,000 fine at Magistrates Court,
or
£Unlimited at Crown Court

Question 14

Explain a National Park.

Answer 14

→ Created by the National Parks and Access to the Countryside Act 1949.
→ Conservation of natural beauty of the countryside and promotion of its public enjoyment
→ New Forest National & ParkPeak District Nation Park
→ National Park Authorities have Local Planning Authority functions
→ Each National Park requires a Management Plan (reviewed every 5 years)
→ Each National Park has a development plan

Question 15

What is Bad Neighbourhood?

Answer 15

Land uses with significant impact on the character of an area, the nature and intensity of traffic, noise and disturbance at unsocial hours, or with risk to public safety:

Zoo,
Cemetery,
Casino,
working on minerals

Question 16

What legislation is there to protect the countryside?

Answer 16

→ Town & Country Planning Act 1947
→ National Parks & Access to the Countryside act 1949
→ Countryside Act 1968
→ Wildlife and Countryside Act 1981
→ Countryside and Rights of Way Act (CROW) 2000

Question 17

What grants are available for tree planting on private lands?

Answer 17

Would enquire with Natural England / Forestry Commission, Woodland Trust and gov.uk website. Also Community Forest organisations e.g. Red Rose.

• Countryside Stewardship Scheme - 6 different types including woodland creation / management / improvement

Question 18

When would a Landscape Architect come across the Wildlife and Countryside Acts and the Control of Pollution Act?

Answer 18

→ Wildlife and Countryside Act –
protected species e.g. Red Squirrel, controlled species e.g.
→ Also, landscape designations such as SSSIs, AONBs, Public Rights of Way etc.
→ Control of Pollution Act
When dealing with hazardous substances or pesticides

Question 19

How do A.O.N.B come about and what are they?

Answer 19

• Landscape designation, designated by Natural England
• Areas of beauty (valuable and distinctive landscapes) that are not considered large enough or wild enough to be designated as a National Park but are still considered worthy of protection
• Do not have to provide public access/amenity in the same way as a national park
• Governed by a committee

Legislation – National Parks and Access to the Countryside Act 1949 & Under the CROW ACT.

Question 20

What work can a Landscape Architect undertake under the provision of a ‘Management Agreement’?

Answer 20

→ Management Agreement = agreement between LPA / Conservancy and any person with an interest in the land to conserve/enhance the natural beauty / amenity of the land or the promotion of public enjoyment of that land.

→ MA is a deed binding both parties e.g. contract. Contains undertakings by either party =covenants.

→ Landscape Architects could be involved in MAs within National Parks, SSSIs, National Nature Reserves, Nature Conservation Orders, Natura 2000, SAC Network

Question 21

There is effluent leaking from your clients rubbish tip - what legislation is relevant to this?

Answer 21

Water Resources Act 1991, Section 85

It is an offence to cause or knowingly permit a discharge of poisonous, noxious or polluting matter or any waste matter into controlled waters such as groundwater, all coastal and inland waters including lakes, ponds, rivers, streams, canals and field ditches.

Question 22

What would a landowner do if he wanted to change a right of way across his land?

Answer 22

Apply to Local Authority for a Diversion Order.
Must prove that the alternative route is not substantially less convenient for the general public’
Local Authority will consider:

1. Effect on public enjoyment
2. Effect on other land served by the PRoW
3. Effect on the land over which the new PRoW is granted

Question 23

What would you do if your client’s proposal would destroy an area of high wildlife value?

Answer 23

Royal Charter – ‘protect, conserve and enhance the natural and built environment’
We have an ethical obligation to the environment.

Question 24

Under environmental legislation there is a presumption against development in certain areas - which areas?

Answer 24

→ Designated areas such as SSSIs, Ramsar Sites, Natura 2000 Sites etc.
→ The Article 4 direct from the TCP General Permitted Development Order allows Local Planning Authorities and the Secretary of State to remove all permitted development rights in certain areas.

Question 25

When would you deal with SNH or Natural England?

Answer 25

→ As a statutory consultee for a planning application
→ When dealing with landscape / ecology designations such as SSSIs, National Parks etc.
→ Trafford Waters - Conservation Area & Listed Building

Question 26

What environmental designations should a client be made aware of?

Answer 26

SSSIs, Ramsar Sites, SACs,SPAs, NNRs, LNRs

Any!

Question 27

What do you know about Ancient Woodlands?

Answer 27

→ Must be proven to have been in constant existence since 1600 (historical mapping data)
→ No statutory protection but is offered some secondary protection through TPOs and Felling Licenses or environmental designations such as SSSIs.
→ material consideration in planning application

Question 28

What legislative protection underlies RAMSAR sites?

Answer 28

EU – Berne Agreement
UK – Countryside and Rights of Way Act 2000 (CROW)
= an international environmental designation
= wetland sites designated of international importance under the RAMSAR CONVENTION = Convention on Wetlands = Intergovernmental treaty established in 1971 by Unesco - UK 1975 TODAY 170 sites

Question 29

In planning law, there is a presumption against development in certain areas of the countryside – which areas?

Answer 29

→ Designated areas such as National Parks, AONBs, Conservation Areas, Green Belts
→ The Article 4 direct from the TCP General Permitted Development Order allows Local Planning Authorities and the Secretary of State to remove all permitted development rights in certain areas.

Question 30

What planning issues need to be considered when preparing a landscape scheme for the edge of a farm?

Answer 30

→ Location - likely to be rural, possibly in the green belt. Therefore green belt development rules will apply.
→ Could be affected by EU farm / ecology ‘set aside’ rules?

Question 31

What would you do if a public footpath crossed the site?

Answer 31

Consult with the Local Planning Authority for details of any wayleaves / covenants associated with the Public Right of Way.

Question 32

How would you decide if your project was in an environmentally sensitive area or other similar designation?

Answer 32

→ Use DEFRA’s MagicMap – an interactive mapping tool that shows the extent of ecological and landscape designations
→ Check on the Natural England website
→ Check the Local Planning Authority’s Local Plan

Question 33

Mining - requirements for planning

Answer 33

→ Gold, silver, petroleum and natural gas are all Crown property. They may be abstracted under licence
→ Ownership of most UK coal is with the Coal Authority on behalf of the state
→ Other minerals run with land ownership rights and may be extracted with Planning Permission
→ Town and Country Planning (Minerals) Act 1981

Question 34

Mining - requirements for restoration and aftercare provisions for mineral sites

Answer 34

→ responsibility for the restoration and aftercare, including financial responsibility, lies with the minerals operator and in the case of default with the landowner
→ landscape strategy

Question 35

Define contaminated land

Answer 35

as land where substances could cause

• significant harm to people or protected species
• significant pollution of surface water or groundwater

Question 36

What is an appropriate person

Answer 36

→ Class A: those who caused or knowingly permitted the polluting substances to be in, on or under land
→ Class B Owners and occupiers, if no Class A person can be found

Question 37

What acts governs pollution control

Answer 37

→ Environmental Protection Act 1990, Part 2A
→ Control of Pollution Act 1974 (COPA)
→ Responsibilty of the Operator to check if activities need a permit or exemption to operate legally - Not the Regulator
→ To cause or allow pollution is against the law

Question 38

Which areas have restricted fertiliser usage

Answer 38

→ Nitrate Vulnerable Zones

→ Nitrate Sensitive Areas

Question 39

How are pesticides controlled?

Answer 39

→ Control of Pollution Act 1974: Rules about handling, storing, selling, supplying pesticides; Certification of operatives
→ Control of Substances Hazardous to Health Regulations 1988 (COSHH)

Question 40

What taxes exist against waste?

Answer 40

→ Landfill tax

• introduced by the Finance Act 1996: a tax levied on waste deposited in landfill
• tax is intended to reflect the environmental impact of landfill; reduce waste to landfill; promote more environmentally sustainable methods of waste management
• paid by the landfill site operator
• credits available for recycling

Question 41

What is the Waste hierachy?

Answer 41

EU Waste Framework provides legislative framework for the collection, transport, recovery and disposal of waste

1. Reduce
2. Reuse
3. Recycle
4. Recovery
5. Disposal

Question 42

What are the LIs recommendations on flood management?

Answer 42

→ Full implementation of the Flood and Water Management Act, which would ensure the use of SUDS on all new developmetns in the UK
→ Removal of the ‘un-economic cost’ get-out in the DRaft National Standards unless exceptional circumstances exist
→ Removal of the automatic right to connect surface water to sewer, as proposed in the Pitt Review
→ Consider soft options first, to obtain the multi-functional benefits of green infrastructure
→ Adoption of WSUD and SuDS policies in every Local Plan
→ Embark on a comprehensive programme of retro-fitting SuDS alongside larger water catchment management programmes and flood defence programmes

Question 43

List the sustainability rating schemes available?

Answer 43

→ Building Research Establishment

BREEAM- new construction, operation, refurbishment and fit-out
CEEQUAL -infrastructure
BREEAM communities - masterpaln and regeneration projects

→ Leadership in Energy and Environmental Design (LEED) - US
→ Green STar - Australia
→ Waste REsource Action Program (WRAP) -guidance to support landscape and regeneration projects
→ Building regulations -bronze, silver gold
→ British Standards and LA planning requirements

Question 44

Why is the Control of Pollution Act relevant to LA?

Answer 44

→ The Water Environment Regulations 2011
Relevance to LA
- earth-moving (e.g. the risk of silt entering water courses)
- discharge of surface water run-off
- construction and maintenance of water bound roads/tracks
- storage & application of pesticides

all of above classified as diffuse pollution
- rural: land-use activities e.g. livestock grazing
- urban: e.g oil
Authorisation of use of pesticides regulated by the Polution Prevention and Control Regulations 2000 (COPR)

Question 45

What legislation covers the reclamation of land after mining?

Answer 45

Environment Act 1995: operators of dormant sites must obtain approval for their proposed scheme of operating and restoration before work may resume

Question 46

What is the difference between contamination and waste?

Answer 46

both: Environmental Protection Act

→ Contaminated land: any land which appears to the local authority in whose area it is situated to be in such a condition by reason of substance in or under the land that
- significant harm is being caused or a significant possibility of such harm being caused
- pollution of controlled waters being or is likely to be caused
→ WASTE
- A material is considered to be waste when the producer or holder discards it, intends to discard it, or is required to discard it.

Question 47

Who are flood risk management authorities?

Answer 47

→ DEFRA
→ Environment Agency
→ Lead local flood authorities (councils and unitary authorities)
→ District councils
→ Internal drainage boards
→ Highway authorities
→ Water and sewerage companies
Under the the Flood and Water Management Act 2011 above have duty to cooperate and share data in order to manage flood risk for communities

Question 48

What statutory guidance is there about the application of fertilisers near surface water, hedges, field margins or protected sites such as SSSIs?

Answer 48

→ Water Resource Act 1991
→ Code of Good Agricultural Practice - EA refers to this code
→ particular care in Nitrate Vulnerable Zones (NVZ): Nitrate Pollution Prevention Regulations
→ no fertiliser near areas to prevent water pollution and retain biodiversity

Question 49

What legislation governs green belts?

Answer 49

→ Green Belt (London and Homes Counties) Act 1938
→ Town and Country Planning Acts
→ NPPF cl.79

Question 50

World Heritage Sites

Answer 50

= International environmental and Conservation designations

→ World Heritage Convention 1972
→ aim: to provide recognition and assistance for the protection of monuments, buildings and sites that are the natural and man-made treasures of the world
→ Sites have outstanding universal value for science, aesthetics or nature conservation
→ The World Heritage Committee of UNESCO identifies sites
→ designated heritage asset under NPPF & advises that development should sustain and enhance the sites, contribute to sustainable communities and their economy 7 contribute to the local character and distinctiveness
→ Planning requirements: larger EIA, D&A, scheduled monument consent application or listed building consent application

Question 51

European Environmental and Conservation Designations?

Answer 51

→ ELC
→ Natura 2000: SACs (Special Areas of Conservation), SPAs (Special Protection Areas for Birds)
→ Biosphere Reserves

Question 52

National Environmental and Conservation Designations?

Answer 52

→ National Parks
→ AONB
→ Heritage Coasts
→ Gardens and Designed Landscapes
→ National Scenic Areas
→ National Nature REserves
→ SSSI

Question 53

What is the purpose of greenbelts?

Answer 53

→ check the unrestricted sprawl of large built-up areas
→ prevent neighbouring towns merging into one another
→ assist in safeguarding the countryside from encroachment
→ preserve the setting and special character of chistoric towns
→ assist in urban regeneration, by encouraging the recycling of derelict and other urban land

Legislation: Green Belt (London & Home Counties) act 1938. Town & Country Planning Acts. NPPF cl.79

Question 54

List protected species

Answer 54

→ Badgers
→ Otters
→ Bats
→ Great Crested Newts
→ Birds - Schedule 1

Question 55

What are UK Priority Species and Habitats?

Answer 55

→ identified as that most threatened and requiring conservation
→ UK Post 2010 Biodiversity Framework (2012)
→ Statutory lists of priority species and habitats: UK Biodiversity Action Plan (UK BAP)

Question 56

What legislative framework exists for protected species and habitats?

Answer 56

→ International: Bern & Bonn Conventions
→ Europe: Birds and Habitat Directives
→ England: The Conservation Regulations 1994 & Wildlife & Countryside Act 1981

Question 57

List protected habitats

Answer 57

Priority habitats

→ arable field margins
→ hedgerows
→ Wood pasture and parkland
→ Native Pine Woodlands
→ Various types of grassland
→ Blanket bog

Question 58

what is the purpose of the Forestry Commission

Answer 58

→ prevent loss of tree cover and ensure that new forests and related operations don’t harm the environment
→ Control of P&D
→ provide assurance of the source of tree seeds, cones, cuttings and other planting stock
→ The Wildlife and Countryside Act 1985 amends the Forestry Act 1967 to require the FC achieve a reasonable balance between:
- Afforestation, forest management and production and supply of timber- conservation and enhancement of natural beauty, flora, fauna and geological and geophysical features of special interest
→ to protect and expand forests and woodlands and increase their value to society and the environment

Question 59

Forestry key points?

Answer 59

→ UK Forestry Standards (UKSF) 2011: sustainable forest management
→ Forestry Strategies
→ Grants for planting and maintenance
→ Felling licence
Step 1: Check for exemptions
Step 2: Check for local restrictions
Step 3: Check local planning controls
Step 4: Application
→ Community Forests and National Forests

Question 60

How are trees protected?

Answer 60

→ Ancient Woodlands
→ TPOs
→ Trees in Relation to Construction: protection through the planning system: BS5837:2012
→ Trees in Relation to Design, Demolition and Construction

Question 61

What are Special Area of Conservation (or SAC)

Answer 61

= site designated under the Habitats Directive.
These sites, together with Special Protection Areas (or SPAs), are called Natura sites and they are internationally important for threatened habitats and species.
Natura sites form a unique network of protected areas which stretches across Europe from the rocky coasts of Ireland in the west, to the marshes of eastern Poland, taking in the northern forests of Sweden and the volcanic lava fields of Tenerife.

Question 62

Bird species of Annex I of the EC Birds Directive

Answer 62

=lists 193 species and sub-species which are

→ in danger of extinction;
→ vulnerable to specific changes in their habitat;
→ considered rare because of small populations or restricted local distribution;
→ requiring particular attention for reasons of the specific nature of habitat.
→ e.g woodpigeon

Question 63

National Forest

Answer 63

→ The idea of a new multi-purpose forest for the nation was first mooted in the Countryside Commission’s 1987 policy document ‘Forestry in the Countryside’
→ 20y ago: create a new, large, forested area in England, to show benefits that come from woodland near where people live and work.
→ The area in the Midlands chosen in part because the woodland cover was very low (about 6%).
→ need for regeneration after the end of mining
→ Since then, the 200 square miles of The National Forest have been transformed through the planting of millions of trees &the creation of many other valuable habitats.
→ incl. new attractions, forest-based activities &woodland-linked businesses.
→ It is an inspiring example for the country, in the face of climate change and other environmental pressures
→ It is a place of enjoyment and learning for its residents and visitors
→ It is a place of contrasts, where people find quiet relaxation and active leisure
→ It is a working forest providing new and sustainable livelihoods.
→ Derbyshire, Leicestershire and Staffordshire.
→ aim of linking the two ancient Forests of Charnwood on its Eastern fringe with Needwood Forest to its West.

Question 64

Legislation public rights of way

Answer 64

→ National Parks & Access to the Countryside Act 1949
→ Countryside Act 1968
→ Wildlife and Countryside Act 1981
→ Highways Act 1980
→ Rights of Way Act 1990
→ Countryside and Rights of Way Act 200 (CROW 2000)
→ County council: statute: definitive maps

Question 65

Marine & Coastal Access Act 2009

Answer 65

→ the route around the whole of the English Coast consisting of one or more long-distance routes and available to te public for recreational journeys on foot or by ferry (English Coastal Route)
→ & requires a margin to exist in association with the coastal route
= open land

Question 66

National trails

Answer 66

→ National Parks and Access to the Countryside Act 1949
= high quality routes connecting the UK’s finest landscapes, designed to allow long-distance off-road journeys on foot
→ Conservancies can recommend to the Secretary of State a particular route
→ looked after by National Trail Officer
→ Maintenance is paid for by Natural England, LPAS and highway agencies

Question 67

National Character Areas (NCA)

Answer 67

→ 159 in England
→ describing the characteristic landscape, wildlife, cultural and geological features, outlining how the landscape is changing, how it supports economic activity and what are the local environmental opportunities for the future
→ definitive
→ Wales : LANDMAP different

Question 68

Purpose of NCA

Answer 68

may be used as part of and to guide 
→ local plan development policies
→ studies of development potential and landscape capacity
→ EIA
→ landscape management proposals

Question 69

Natural England (NE)

Answer 69

→ =independent agency
→ =English Nature; the Landscape, Access and REcreation Division of the Countryside Agency + Environmental activities of DEFRA’s Rural Development Service
→ =non-departmental public body
→ emphasis: biodiversity, resource protection & landscape improvement
→ enacted through the Natural Environment and Rural Communities Act 2006
→ purpose: to ensure that the natural environment is conserved, enhanced and managed for the benefit for future generations, thereby contributing to sustainable development
grant schemes

Question 70

English Heritage / English Heritage Trust

Answer 70

=charity independent of government
Tasks:
Enhance Visitor experience
Care for over 400 properties and address conservation defects using a one-off government grant

Question 71

Historic England

Answer 71

Tasks:
→ statutory designation of historic assets
→ building at risk register
→ National Monuments record centre
→ Advice to the government on the value of historic environments
→ Advisor to gv
→ Planning advice: statutory consultee for grade I and II listed buildings and landscapes, Conservation Areas, scheduled ancient monuments and some local plans
→ statutory consultee for Nationally Significant Infrastructure Projects
→ research
→ grant schemes

Question 72

Environment Agency

Answer 72

→ aim: to protect or enhance the environment (land, air & water) taken as whole and to make contribution towards achieving sustainable development

→ functions: water resource management and conservation
e.g.

→ prevent/mitigate pollution from waste authorities (control of Pollution Act 1989 & Environmental Protection Act 1990
→ control water pollution
→ deal with special category effluent in water (Water Industry Act 1991)

Question 73

Grants

Answer 73

→ Depends on the current economic climate
→ Who: The Conservancies
→ Priority habitats: SSSI, NR, AONB & green belts
→ Type for:
1. amenity tree planting; woodland planting and management; tree surgery; hedgerows / hedge banks; walls and dikes and other field boundaries; fencing etc
2. DEFRA: for agri-environment schemes
3. Forestry Commission: National Woodland Grant Schemes
4. Architectural Heritage Fund
5. Heritage Lottery Fund e.g Heritage Grants
6. Grants for environmental improvement
- derelict land grants
- The Land Trust
7. European Regional Development Funds
8. LPAs
9. Mineral Industry REsearch Organisation
10.Grants for habitat creation

Question 74

Forestry and EIA

Answer 74

→ any new planting proposals which are likely to have significant effects on the environment and may lead to adverse ecological change due to their size, nature and location will require EIA

definitely requiring an EIA:
→ new planting in a National Nature Reserve or SSI where this operation is listed or damaging
→ other nationally important areas i.e. National Parks, National Scenic Areas, AONB
→ Areas over 100 hectares

Question 75

National Parks

Answer 75

= as extensive tracts of country designated for their natural beauty & the opportunities they afforded for open air recreation having regard both to their character and their position in relation to centres of population

aims of management:
- conservation and enhancement of the natural beauty, wildlife and cultural heritage of the parks
- promotion of opportunities for the understanding and enjoyment of the special qualities of those areas by the public
→ SANDFORD principle applies: conservation has priority if these aims conflict

Question 76

Hedgerows

Answer 76

→ Legislation: The Environment Act 1995 (Part V) Hedgerow regulations 1997
→ Secretary of State may protect by regulation important hedgerows (significant archaeological, historic, wildlife or landscape value): min 30y, in the countryside, over 20m in length (garden hedges excluded)
→ designations recommended by LPA and confirmed by Secretary of State
→ notification compulsory

Question 77

Purpose of Section 14 of Wildlife and Countryside Act

Answer 77

is to prevent the release into the wild of certain plants and animals which may cause ecological, environmental, or socio-economic harm.

WILD = “The diverse range of natural and semi-natural habitats and their associated wild native flora and fauna in the rural and urban environmentsin general. This can also be broadly described as the general openenvironment.”

Question 78

Japanese knotweed legislation

Answer 78

THE WILDLIFE & COUNTRYSIDE ACT

Schedule 9, Section 14 of the Act, it is an offence to plant or otherwise cause the species to grow in the wild.
Section 14(2) of the Wildlife and Countryside Act 1981 states that “if any person plants or otherwise causes to grow in the wild any plant which is included in Part 2 of Schedule 9, he shall be guilty of an offence”.

Environmental Protection Act 1990 Japanese Knotweed is classed as ‘controlled waste’ and as such must be disposed of safely at a licensed landfill site according to the Environmental Protection Act (Duty of Care) Regulations 1991. Soil containing rhizome material can be regarded as contaminated and, if taken off a site, must be disposed of at a suitably licensed landfill site and buried to a depth of at least 5 metres.

Consult EPA (1990) to control waste, dispose of, permit, movement etc.

An offence under the Wildlife and Countryside Act can result in criminal prosecution. An infringement under the Environmental Protection Act can result in enforcement action being taken by the Environment Agency which can result in an unlimited fine.

Question 79

What international treaties and conventions affect the landscape?

Answer 79

RAMSAR Convention on Wetlands (UNESCO)
world heritage convention (UNESCO)
European Landscape Convention (Council of Europe)
Water Framework Directive (EU)

Question 80

What landscape designations exist in the UK?

Answer 80

(not an exhaustive answer, for more ref. http://jncc.defra.gov.uk/page-1527)
Green belt
Areas of Landscape Value (ALVs)
National Parks
Areas of Outstanding Natural Beauty (AONBs)
Sites of Special Scientific Interest (SSSI)
National Nature Reserves (NNR)
Local Nature Reserves (LNR)
Heritage Coasts
Geoparks (UNESCO)
World Heritage Sites (UNESCO)
Biosphere Reserves (UNESCO)
Ramsar Site (UNESCO)

Question 81

What are the responsibilities of the highway agencies?

Answer 81

Highways England (formerly Highway Agency) is responsible for managing the A roads and motorways in England - including provision of information services and maintenance staff
Except in London where Transport for London is responsible for such trunk roads
Other public highways are the responsibility of local authorities