The Protection of Wild Bird Habitat | Regulation 9A of the Conservation of Habitats and Species (Amendment) Regulations 2012
Posted in:
Biodiversity, Birds, Conservation, Protected Species, Urban Ecosystems
Date posted: 23 February 2016
Amendments to the Habitats Regulations in 2012¹ resulted in stricter compliance with the EC Birds Directive and better protection of wild bird habitat. As a result of the changes, local planning and other competent authorities are now required to:
“…take such steps in the exercise of their functions as they consider appropriate to secure … the preservation, maintenance and re-establishment of a sufficient diversity and area of habitat for wild birds in the United Kingdom … having regard to the requirements of Article 2 of the new Wild Birds Directive.”
Recent guidance published by Defra (February 2016)² has set out what this means for Local Planning Authorities (LPAs) in England and Wales, which are advised to:
- take appropriate steps to preserve, maintain and re-establish habitat that is large and varied enough for wild birds to support their population in the long term; and
- use powers to ensure pollution or deterioration of wild bird habitat is avoided.
The guidance states that while there are no national population targets for wild birds, competent authorities must aim to “… provide habitat that allows bird populations to maintain their numbers in the areas where they naturally live”, focussing on wild birds in decline but also maintaining habitats that support wild birds with healthier populations.
The guidance is clear that LPAs should identify important bird habitats and seek to preserve bird populations both as part of their strategic plans and also when granting planning permission. Key habitat types identified by Defra include: lowland farmland; uplands; woodlands; lowland heathland; freshwater wetlands; and marine and coastal. Urban areas are also included as an important habitat type which includes city centre streets, public parks, gardens and derelict and brownfield sites. Examples of urban wild birds in decline include House Sparrow, Starling and Swift.
So how are the new guidelines relevant and why should developers take notice of them? Firstly, they are important because they afford indirect protection of undesignated sites not normally addressed by planning policies or existing wildlife legislation. And secondly, they place an obligation on developers and other land managers to undertake baseline surveys before applying for consents that would remove or substantially alter habitats supporting wild bird populations. Failure to recognise that a habitat could be important for breeding, wintering or migratory birds could result in significant project delay or the possibility of a planning (or other) consent being challenged.
Alar Ecology provides a comprehensive range of ornithological services which includes breeding bird surveys, wintering bird surveys and species-specific studies and assessments. Click here for more details.
¹ The Conservation of Habitats and Species (Amendment) Regulations 2012 | Regulation 9A | Full text provided here
² Providing and protecting habitat for wild birds: How to support wild birds by protecting their habitat and avoiding pollution if you’re a local or other competent authority. Department for Environment, Food & Rural Affairs and Welsh Government. February, 2016 | Full text provided here
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