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RICS APC 2023 - My SoE > Management Of Natural Environment And Landscape > Flashcards

Management Of Natural Environment And Landscape Flashcards

1
Q

What steps need to be taken to remove a hedgerow? What is the sanction if these are not followed?

A

Apply for consent from LPA.
42 days to respond following receipt confirmed
Can appeal notice within 28 days

Unlimited fine is not followed

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2
Q

Who is responsible for protected hedgerows?

A

Natural England and LPA

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3
Q

What is the legislation protecting hedgerows?

A

Hedgerow regulations 1997

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4
Q

What sensitivities were in place on the Basingstoke diversion?

A

NVZ present
TPO on trees in access - Basingstoke and Deane council. Application to LPA under TCPA 1990. TCP (tree preservation) (England) regulations 2012 - part 4 = application to consent
Hedge removal also required
Full ecology survey recommended

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5
Q

What is the penalty for not complying with TPO regulations?

A

£20,000 fine

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6
Q

What are the TPO regulations?

A

The town and country planning (tree preservation) (England) regulations 2012

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7
Q

What pre commencement works did you advise of at chobham common?

A

Liaised with Surrey WT regarding their requirements
Ground nesting birds in the access route. Wood larks, night jars, dartboard warblers.
Nesting season March-August.
Shut down September.
I advised my client to undertake clearance of scrub on access route in February to ensure minimal impact on birds. SWT agreed

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8
Q

What legislation are bird protected under?

A

Wildlife and countryside act 1981

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9
Q

What is the penalty for not complying with bird protection regulations

A

Unlimited fine
6 months imprisonment

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10
Q

What permit was required on the river Trent?
Who From?

A

A bespoke permit from the environment agency

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11
Q

What did the contractors have to supply for the bespoke permit at the river Trent

A

Risk assessment
Management system
Plans and documents describing the works
Standard forms

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12
Q

What are the permits available from the EA

A

Exemption - where permit isn’t required
Standard rules permit- common activities with fixed rules
Bespoke permit - tailored to the risks of specific activity

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13
Q

What sensitivities were on the land at southwold?

A

Turtle doves nesting - April to September

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14
Q

What scheme was in place over the land where CP works were required

A

SW1 - 4m - 6m buffer strip on cultivated land
Mid- tier stewardship
£451/Ha

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15
Q

What protection regulations are in place for aincient woodland?

A

NPPF paragraph 180(c) - planning should be refused unless wholly exceptional reasons and suitable compensation

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16
Q

What is the TPO removal process

A

Application to the LPA under Town and Country Planning (tree removal)(England) Regulations 2012
Part 4-includes plan and statement for application
8 weeks

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17
Q

What are the three types of environmental permit

A

Standard Rules
Exemption
Bespoke Permit

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18
Q

What is the legislation for the Permit at River Trent?

A

The Environmental Permitting (England and Wales) Regulations 2016

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19
Q

What is the penalty for not getting an environmental permit

A

A fine or Imprisonment for up to 5 years

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20
Q

What is the process for getting a Natural England consent

A

1- Fill in consent notice form - SSSI details, FG/Exolum details, description of works (vehicles, access route, locations, ground pressures for bogs etc), removal of spoil, proposed dates

2- Send completed form to Protected Sites

3- Await response - NE aim for 28 days but could take up to 4 months. NE will assess the carrying capacity of the site - can it sustain the activity without significant negative effects

4- You have 2 months to apply to Defra to appeal the decision

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21
Q

What list shows can restricted activities on a SSSI?

A

The unique site’s ORNEC list

Operations requiring natural England consent

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22
Q

Where can information on individual Natural England Sites be found

A

The Natural England designated sites website

23
Q

What is the penalty for not complying with Natural England Consents process?

A

Unlimited fine
Paying for damage to be repaired

24
Q

What legislation governs natural England consents?

A

Wildlife and Countryside Act 1981

25
Q

What birds where present in Chobham Common?

A

Night jars
Dartboard warblers
Woodlark

26
Q

What were the planning considerations at Handforth Road?

NOT CORRECT

A

One route was impacted by an ancient woodland. Another was impacted by a residential property with a complex landowner situation.

I reported that a 15m buffer would be required through the ancient woodland as it was not feasible to HDD.

I also explained that a number of surveys would be required prior to the collation and submission of the planning application

27
Q

What surveys were required at Handforth Road Diversion?

A

I engaged with planning experts to ensure that all required surveys were carried out.

This included a PEA, reptile surveys, tree surveys and also a survey on the access bridge.

28
Q

What is an Aincient woodland? Who is it managed by?

A

An area which has been continually wooded since 1600 AD.

Forestry England, Forestry Commision (non-stat consultee) & NE in extreme cases

29
Q

What is the compensation strategy for planning near ancient woodland

A
  1. Avoid
  2. Mitigate (reduce) - screens for dust pollution, buffer zones
  3. Compensate - monitoring ecology for agreed period, removing invasive species
30
Q

At what stage of a project do you carry out defra checks?

A

As early as feasible following instruction

31
Q

What kind of information do you get from Defra checks?

A

SSSI
Ancient Woodland
Watercourses - EA
Countryside Stewardship

32
Q

What other planning considerations were there at Handforth Road

A

Watercourse - EA permit required
Salmonid (1 November - 31 January)
Access

33
Q

What scheme was in place for the CP works?

A

Countryside Stewardship (mid-teir)
SW1 - 4m to 6m buffer strip on cultivated land
£451 per Ha

Works impacted approx 0.4Ha (£180 loss p.a.)

34
Q

What measures did you put in place for the CP works?

A

Minimised damage with most direct access route possible and going on in dry period.

Requested that the landowner fill in an MTA form to inform RPA of changes to agreement

35
Q

What are the timescales involved with an MTA form?

A

Most straight forwards cases, RPA aim to respond within 20 days

36
Q

What information is required on an MTA form?

A

Details of agreement
Details of MTA request - field detail, reason for MTA (Why required, proposals etc)
Dates
Declarations & undertaking

37
Q

What survey access plan did you create at Southwold?

A

Landowner had informed us of concerns due to nesting turtle doves.

Pulled surveys from plan. Worked with ecologists to outline the surveys likely to be required.

Waited until after nesting season (April-September) to carry out surveys.

38
Q

What legislation (and section) governs SSSI’s? Who is responsible for managing them?

A

Wildlife and Countryside Act 1981 (as amended)
Section 28
Natural England

39
Q

What legislation governs AONB’s? Who is responsible for designating them?

A

Countryside Rights of Way Act 2000
Natural England

40
Q

Why could an area be designated as an AONB and what is the process?
Legislation and section

A

Natural Beauty Criterion is met (Landscape, wildness, tranquility, heritage features)
LA must agree
NE have resource to review proposal and see it as more important than corporate priorities.

NE issue a designation order under s82 CROW. There will then be a consultation period.

41
Q

How often are SSSI condition assessments carried out and what are the results?

A

approx every 6 years (up to every 10)

Favourable
Unfavourable (recovering)
Unfavourable (declining)
Part destroyed/destroyed

Published on designated sites website

42
Q

What will NE do if a SSSI is in declining condition?

A

Management Agreement
Management Scheme
Management Notice - 2 months to undertake works.

If these are not carried out -
Prosecution (unlimited fine)
NE undertake works at LO cost
CPO

43
Q

What is the penalty for damaging a SSSI

A

Unlimited Fine

44
Q

Who is responsible for managing an AONB once designated? What are the responsibilities

A

Local Authority
Must have a plan in place for management
CROW - all decisions must have regard for conserving or enhancing the Natural Beauty

45
Q

What legislation governs Conservation Areas? Who is responsible for designating them?

A

Planning (Listed Buildings and Conservation Areas) Act 1990
Historic England

46
Q

What impact do Conservation Areas have on land management

A

LPA publishes proposals under Town and Country Planning Act 1990 to preserve and enhance the area

Article 4 Directions under GPDO 2015 - full planning application required rather than permitted development

All trees automatically protected

47
Q

How long will a TPO application take?

A

6 weeks

48
Q

What is an NVZ and what impact does it have on land management practices.
State Limits

A

Nitrate Vulnerable Zone

Imposes rules on the use of nitrogen fertiliser and organic manure
- 170 kg/HA N in manure average across holding
- Max 250 kg/Ha in manure on single Ha

49
Q

What are some of the N allowances under an NVZ for various Crops?

A

KG N per Ha
Winter Wheat - 220
Field beans or peas - 0
Grass - 300

50
Q

Who governs NVZ’s?

A

The Environment Agency

Defra reviews Rules every 4 years - next 2024

51
Q

What is the penalty for not complying with NVZ rules?

A

Reduction in payments on BPS, CS etc

52
Q

What rules are in place for NVZ’s

A

Cross Compliance Rules (BPS, RDPE (rural development programme for England) and CS)

Statutory Management Requirement 1

53
Q

What do NE issue to create an AONB?
Legislation

A

A designation order under s82 of the CROW 2000

54
Q

What is the penalty for damaging ancient woodland?

A

Unlimited Fine

RICS APC 2023 - My SoE (9 decks)

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