Management of the natural environment and landscape - L1

Question 1

Explain landscape and designations you are aware of.

Answer 1

Aware of National Landscapes, previously known as ANOBs, National Parks, green belts

Designations are used to protect, and manage significantly important natural environments.

Question 2

Tell me about agri-environmental schemes you are familiar with.

Answer 2

Aware of the Common Agricultural Policy and now since Brexit the shift the UK environmental schemes.

Environmental Land Management Schemes (ELMs) which has three funding streams
1. Sustainable farming incentive
2. Countryside stewardship
3. Landscape Recovery

about about public money for public good

Question 3

What legislation governs the designation schemes you mentioned?

Answer 3

Countryside and Rights of Way Act 2000 (for AONBs and National Parks)

Town and Country Planning Act 1990 (for Green Belts)

Question 4

What is the Natural Environment and Rural Communities Act 2006 for?

Answer 4

Was the Act of Parliament that established Natural England by merging English Nature, the Rural Development Agency and the Countryside Agency.

Question 5

What is the Wildlife and Countryside Act 1981?

Answer 5

Nature conservation bodies have a duty to notify any area of land which is their opinion is of ‘special interest by reason of any of its flora fauna or geological or physiographical features’ - known as SSSIs.

Covers the protection of species e.g. badger, water voles, dormice

Question 6

What bodies are charged with bringing in and delivering such legislation?

Answer 6

Relevant bodies include Natural England, the Environment Agency, and the Forestry Commission, which are responsible for implementing and managing environmental and conservation legislation.

Question 7

What is an NVZ?

Answer 7

An NVZ (Nitrate Vulnerable Zone) is an area designated to protect water from nitrate pollution, where specific regulations apply to reduce nitrate runoff from agricultural activities.

Question 7

What is a SSSI?

Answer 7

A SSSI (Site of Special Scientific Interest) is a protected area designated due to its significant biological or geological interest, with specific protections to conserve its features.

Question 8

What is the impact of each? (NVZ and SSSI)

Answer 8

NVZs restrict farming practices to reduce nitrate pollution, impacting agricultural operations.

SSSIs impose conservation requirements to protect important natural sites, which can limit development and land use changes.

Question 10

How do NVZs and SSSI’s affect properties in my experience?

Answer 10

NVZs may restrict land use and impose additional costs on agricultural practices, heard of the costs of slurry store upgrades.

SSSI’s will limit the property development and which the land management restrictions are. Some of the EA land falls under SSSI’s and thus further permits/permission must be sought.

Question 11

How can you identify their existence? (of designations)

Answer 11

MAGIC maps, internal mapping systems, Natural England and local planning authorities.

Question 11

How can you check flood risk?

Answer 11

flood risk maps from the Environment Agency, online flood risk assessment tools, and local authority planning departments. Historical data and flood risk assessments can also provide insights

Question 12

What flood risk zones are you aware of?

Answer 12

Zone 1 – Low probability of flooding.
Zone 2 – Medium probability of flooding.
Zone 3a – High probability of flooding.
Zone 3b – The functional floodplain.

Question 13

How do these impact upon your client advice?

Answer 13

For the Environment Agency, typically flood risk is what we are looking for. In schemes where land is required for flood storage this typically tends to be where the water may naturally want to go.

If I was working for a different client, this may impact property value, insurance costs, development potential and requirement for consents.

Question 14

How can you check soil type for agricultural land?

Answer 14

MAGIC map and soil type layer.

Physically checking can be completed by soil surveys and looking at analysing the composition and properties.

Question 15

What soil types are you aware of?

Answer 15

Clay - heavy and prone to waterlogging
Silt - fertile but easily eroded
Sand - well draining but low in nutrients
Loam - balanced soil with good fertility and drainage

Question 16

How does this affect the use of land? (soil type)

Answer 16

Changes the ability to grow specific crops, yields and thus profits.

Question 17

What does the RPA administer?

Answer 17

The RPA administers the various rural agreements and environmental payments schemes, subsides, and grants.

Question 18

Explain the current Government payment scheme relating to the natural environment.

Answer 18

The current government payment scheme is the Environmental Land Management (ELM) scheme, which includes the Sustainable Farming Incentive (SFI) and other components aimed at promoting environmental stewardship and sustainable farming practices.

Question 19

What is an AONB?

Answer 19

Area of Outstanding Beauty, however now known following a policy paper at the end of 2023 as National Landscapes. Still not the legal definition.

Question 20

Explain the Dutch Nitrogen case and impact on the management of the natural environment.

Answer 20

The Dutch Nitrogen case (also known as the “Dutch Nitrogen Ruling”) required the Netherlands to reduce nitrogen emissions to protect natural habitats. This case has led to stricter nitrogen regulations and impacts land use and farming practices across Europe.

Question 21

What do you understand by the judgement in Wyatt v Fareham BC (2021)?

Answer 21

Court of Appeal confirmed legality of Natural Englands technical guidance to local planning authorities on nutrient neutrality

Planning application for 8 unit development in Southampton Water Special Protection Area (SPA).

Was there failure to comply with the habitats regulations? Complying with s. 38 (6) Planning and Compulsory Purchase Act 2004?

Natural England said this was guidance summarised councils position was lawful.

Question 22

What is the role of the Habitats Regulation Assessment group set up by DEFRA?

Answer 22

responsible for ensuring that development projects comply with regulations designed to protect important habitats and species, conducting assessments to prevent adverse impacts on these protected areas.

Question 23

What is a RAMSAR site?

Answer 23

A Ramsar site is a wetland area designated under the Ramsar Convention, which aims to conserve wetlands of international importance for their ecological value, supporting biodiversity and providing essential ecosystem services.

Question 24

Explain the Hedgerow Regulations 1997 to me.

Answer 24

The Hedgerow Regulations 1997 protect important hedgerows in England and Wales from removal. They require landowners to seek permission before removing hedgerows that meet certain criteria, ensuring the preservation of this valuable landscape feature

Question 25

Explain your understanding of bird nesting seasons.

Answer 25

Bird nesting seasons typically occur from March to August. During this period, it is important to avoid disturbing nesting sites to protect bird species and comply with wildlife protection laws.

Question 26

Explain the Weeds Act 1959 to me.

Answer 26

Requires landowners to control certain invasive weeds e.g ragwort, japanese knotweed and prevent their spread and mitigate their impact on agriculture and the environment

Question 27

What do you understand by the Environmental Protection Act 1990 / Wildlife and Countryside Act 1981?

Answer 27

The Environmental Protection Act 1990 provides a framework for managing waste and pollution.

The Wildlife and Countryside Act 1981 protects wildlife and natural habitats by regulating activities that could harm protected species and designated sites.

Question 28

What is cross compliance?

Answer 28

Cross compliance refers to the requirement for farmers to adhere to specific environmental and animal welfare standards as a condition for receiving agricultural subsidies, ensuring that payments are linked to compliance with regulatory requirements.

Question 29

What is the role of Natural England?

Answer 29

Natural England is a government agency responsible for conserving and enhancing the natural environment, including protecting wildlife, managing protected areas, and promoting sustainable land use.

Question 30

Tell me about biodiversity offsetting.

Answer 30

About offsetting the impact of development on biodiversity - more commonly now known as Biodiversity net gain (BNG) and the requirement for a 10% increase. Previously had been just offsetting the impact, and putting in place a plan for this.

Question 31

How can rural landowners benefit from biodiversity offsetting schemes?

Answer 31

Rural landowners can benefit from biodiversity offsetting schemes by receiving financial incentives or support for conservation projects on their land, which can enhance habitat quality and biodiversity while generating potential income.

Question 32

What legislation governs biodiversity net-gain?

Answer 32

Environment Act 2021 which amends the Town and Country Planning Act 1990

Question 33

What are ELMS?

Answer 33

ELMS (Environmental Land Management Schemes) are government schemes designed to reward farmers and landowners for adopting environmentally sustainable practices and improving land management, contributing to conservation goals.

Question 34

Tell me about the Sustainable Farming Incentive.

Answer 34

The Sustainable Farming Incentive (SFI) is part of ELMS that provides financial support to farmers who implement environmentally beneficial practices, such as improving soil health and managing water resources sustainably.

Question 35

What are the current SFI standards?

Answer 35

There are SFI handbooks which cover the current offers - refer to this.

Question 36

What do you understand by ‘public money for public goods’?

Answer 36

‘Public money for public goods’ is the principle that government funding should be used to support activities that provide clear public benefits, such as environmental conservation and public health, rather than private or commercial interests.