June 2008 PRODUCED BY THE CUMBRIA BIOLOGICAL · the Regional Spatial Strategy, and the definition...

June 2008

FOR CUMBRIA’S PLANNING AUTHORITIES

PRODUCED BY THE CUMBRIA BIOLOGICAL DATA NETWORK

THE CUMBRIA BIODIVERSITY EVIDENCE BASE

This Biodiversity Evidence Base information, produced by the Cumbria Biological Data Network, will be updated on the Virtual Fauna of Lakeland website: www.lakelandwildlife.co.uk _______________________________________________________________________

C O N T E N T S

1 Introduction .................................................................................................................................................1

Figure 1 – Cumbria’s Biodiversity Resource ...........................................................................................2

2 The Need for an Evidence Base.................................................................................................................3

3 Currency of the Evidence Base and its Limitations ................................................................................5

4 Package to Local Authorities - June 2008 ................................................................................................7

Figure 2 – Cumbria’s Biodiversity Evidence Base ................................................................................11

5 Internet Access and Links........................................................................................................................12

6 Use of the Evidence Base for Planning Purposes - LDF preparation, development control and monitoring..................................................................................................................................................12

Table 1 Core Strategy and Policy Formulation .....................................................................................13

Table 2 Site Allocations, Area Action Plans and Development Control.............................................16

Table 3 Monitoring ...................................................................................................................................18

Appendix 1 – The Key Elements of an Evidence Base....................................................................................20

Appendix 2 – Joint Character Areas, District and National Park Boundaries...............................................22

Appendix 3 – UK Priority Habitat in Cumbria ...................................................................................................23

Appendix 4 – Key Species Richness Map.........................................................................................................24

Appendix 5 – Regional Spatial Strategy Biodiversity Resource and Opportunity Diagram........................25

Appendix 6 – A Guide to Biodiversity Planning Policy and Guidance ..........................................................26

Appendix 7 – A Guide to Wildlife Legislation and Site Designations ............................................................29

Appendix 8 – List of Cumbria Habitat Statements...........................................................................................33

Appendix 9 – List of Cumbria Species Statements .........................................................................................35

Index to Appendices 6 and 7..............................................................................................................................36

Acknowledgements This Biodiversity Evidence Base for Cumbria has been produced by Cumbria Biological Data Network in consultation with local experts. The project has been led by Judy Palmer at Cumbria County Council. Stephen Hewitt of Tullie House Museum has drawn up the Key Species list for Cumbria. Matthew Grose has produced the distribution maps, spreadsheets and GIS layers for Priority Habitats and Key Species using data primarily from the wildlife records database at Tullie House Museum and Natural England's Nature on the Map website. Initial drafts of the Key Species and Habitats Statements were produced, in consultation with relevant experts, by Neil Harnott of the Cumbria Biodiversity Partnership and Rigby Jerram (Ecological Consultant) respectively. Heather Marshall (Ecological Consultant) produced the initial drafts of the Planning Issues Statements. Much advice, comment and support was given by staff of Natural England, Cumbria Wildlife Trust, Environment Agency and the Lake District National Park Authority, as well as individual species experts. Following the consultations, final revisions and collation were undertaken by Judy Palmer, Stephen Hewitt and Matthew Grose. Jean Flitter, Cumbria County Council, provided administrative support and front cover design; thanks also to Jeff Rogers. Information and advice were provided by the following individuals:

Ian Armstrong (North Cumbria Barn Owl Study Group)

Corrie Bruemmer (Natural England)

Gail Butterill (Environment Agency)

Judy Clavey (Lake District National Park Authority)

Bart Donato (Natural England)

Steve Doyle (Butterfly Conservation)

Sam Ellis (Butterfly Conservation)

Steve Garner (Environment Agency)

Colin Godfrey (Carlisle City Council)

Matt Grose (Cumbria Biological Data Network)

Neil Harnott (Cumbria Biodiversity Partnership)

Stephen Hewitt (Tullie House Museum)

Jenny Holden (Cumbria Wildlife Trust)

Rigby Jerram (Ecological Consultant)

Pip Kirkham (Natural England)

Heather Marshall (Ecological Consultant)

Tony Marshall (Westmorland and Furness Bat Group)

John Martin (Westmorland and Furness Bat Group)

Simon O’Hare (Save our Squirrels)

Judy Palmer (Cumbria County Council)

Sally Phillips (Cumberland Bat Group)

Dave Shackleton (RSPB & Cumbria Bird Club)

Ian Slater (Natural England)

Phil Taylor (Lake District National Park Authority)

Julie Ward (Allerdale Borough Council)

Kate Willshaw (Cumbria Wildlife Trust)

Tim Youngs (RSPB)

Report prepared by Judy Palmer, County Ecologist, Cumbria County Council [email protected]

For queries regarding data please contact [email protected]

Cover photographs: Stephen Hewitt – Hay Meadow, Saltmarsh; David Hickson – Barn Owl, Red Squirrel; John Hooson – Brown Long-eared Bat.

Other photographs by Pearson Douglas, Jim Foster, Stephen Hewitt, David Hickson, John Hooson, Michelle Waller.

mailto:[email protected]

mailto:%[email protected]

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1 Introduction

We hope that this Report remains a useful source of reference for some time. For this reason we have included a number of internal links, in green, and external website links, in blue, which will hopefully help with quick and efficient use.

In order to move around the document swiftly you may like to know that if you link to another location in the document the equivalent of the ‘back’ button is alt + left arrow.

1.1 The Cumbria Biological Data Network1 has developed this standard biodiversity evidence/ information for use within the planning system in a uniform way across the county. Seven Local Planning Authorities in Cumbria contributed to the funding of this contract.

1.2 The information provided to the Local Authorities is listed in section 4. The various spreadsheets, and habitat and species statements, are also available at www.lakelandwildlife.co.uk, and these will be updated as necessary. In addition to biodiversity, information on areas of geological value is also provided.

1.3 The GIS data provided will not be updated to the Local Authorities as part of this contract, though a limited amount of follow-up will be provided to ensure that IT officers and planners are able to make the best use of it.

1.4 An ongoing advice and interpretation service is also not provided within this contract. It is anticipated that further development and ongoing updates to the evidence base will occur through future agreements with the Cumbria Biological Data Network.

1.5 PPS 9 Guide to Good Practice provides guidance on Information and Evidence for the planning process (Appendix 1, page 20). The Cumbria Biodiversity Evidence Base seeks to comply with this guidance.

1.6 This first phase of data and information provision is substantial, but further development will be required to fully enable delivery of national and regional policies for biodiversity; in particular with regards to enhancing the information and delivery frameworks referred to in the Regional Spatial Strategy, and the definition of Cumbria’s ecological framework. The statutory nature conservation organisations, the Cumbria Biodiversity Partnership2 and the Cumbria Biological Data Network are considering how this can be achieved and the involvement of Local Authorities will be essential.

1.7 Cumbria’s Biodiversity Resource is summarised in Figure 1, page 2.

1 The CBDN is the network of organisations concerned with collating and disseminating biological information across Cumbria. Partners are Cumbria County Council, Cumbria Wildlife Trust, Environment Agency, Lake District National Park Authority, Natural England and Tullie House Museum, backed by many recording groups and individuals. In due course this network will be superseded by a Wildlife Records Centre. 2 The Cumbria Biodiversity Partnership was formally set up in 1998 to provide local delivery of the UK Biodiversity Action Plan; to help achieve the UK Government’s commitment to conservation of biodiversity made at the Earth Summit in Rio de Janeiro in 1992. It comprises a wide range of organisations and individuals delivering biodiversity conservation in Cumbria, and is open to all. It is supported by the Cumbria Local Biodiversity Manager. The most significant single output of the Partnership to date is the preparation of the Cumbria Biodiversity Action Plan, a widely consulted and agreed document, launched in 2001. This Plan forms the basis of significant ongoing conservation action in Cumbria.


http://www.lakelandwildlife.co.uk/

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Figure 1 – Cumbria’s Biodiversity Resource

HABITATS

UK PRIORITY HABITATS Some habitats well covered by protected sites Other habitats covered in part by protected sites Some habitats not covered at all by protected sites

FEATURES IN THE LANDSCAPE OF MAJOR

IMPORTANCE FOR FLORA AND FAUNA

• linear, continuous and stepping-stone features -

• for migration, dispersal and genetic change

LOCAL BIODIVERSITY FEATURES

Including urban greenspace, previously developed land and general farmland

PROTECTED SPECIES Some species wholly or partly on protected sites

Some species on other recognised sites and areas Some species, eg bats, barn owls, that can occur anywhere

PLANT AND ANIMAL SPECIES

STATUTORILY PROTECTED SITES

(SSSI), (SAC), (SPA) (RAMSAR) (LPOS)

(NNRS) (LNRS) Protected for specific biological and geological features

SITES

OTHER RECOGNISED SITES OF VALUE FOR

WILDLIFE / GEODIVERSITY

(CUMBRIA LOCAL WILDLIFE SITES)

(RIGS) (NATURE RESERVES)

(ANCIENT WOODLAND)

OTHER AREAS OF INTEREST (SITES OF

INVERTEBRATE SIGNIFICANCE)

(AREAS OF KEY SPECIES INTEREST)

(SPECIAL ROADSIDE VERGES)

UK PRIORITY SPECIES Some also statutorily protected Many not statutorily protected

RARE AND SCARCE SPECIES

Some protected and/or UK priority Others not protected and/or UK priority

COMMONLY OCCURRING SPECIES

There are complex inter-relationships between species and their habitats, their requirements for day-to-day living, and for migration, dispersal and genetic exchange. A small minority of species are restricted to protected sites. The vast majority require a patchwork of inter-connected habitat(s), the scale and diversity of which depends on their ecological characteristics and requirements.

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2 The Need for an Evidence Base

2.1 Current national policy and guidance identify the need for sound biodiversity information to inform Local Development Framework policy formulation, development options, strategic environmental assessment and monitoring, and Habitats Regulations Assessment.

2.2 PPS 9 Biodiversity and Geological Conservation Key Principle (i) requires all development plan policies and planning decisions to be based upon up-to-date information. Other paragraphs in PPS 9 identify the need for information on designated sites, habitats, species, restoration and enhancement opportunities, and networks of natural habitats.

2.3 The Cumbria Biodiversity Evidence Base constitutes the minimum information that should be taken into account in;

• the development of Local Development Framework policies, site allocations and area action plans,

• development control constraints checking, protection and enhancement, • the development of core output and other indicators.

2.4 The information can also be used widely for other purposes and thus help Local Authorities achieve their biodiversity duty, under the Natural Environment and Rural Communities Act 2006.

2.5 The Cumbria Sustainability Framework, agreed by Local Planning Authorities across Cumbria, provides broad aims, and identifies questions which will be addressed when assessing a plan through Sustainability Appraisal. These require (a) assessment against current biodiversity data, (b) identification of additional information which may be required during the production of the LDF, and (c) identification of future data requirements for monitoring purposes. This evidence base defines the baseline for biodiversity information for Sustainability Appraisal.

2.6 Core Output Indicator Monitoring currently requires identification of the potential impacts of a Plan on the biodiversity resource, and monitoring of the effects of delivery on protected and priority habitats and species, and designated wildlife sites. Thus identification and understanding of these features is required.

2.7 Contextual indicator monitoring requires an understanding of the biodiversity resource and those indicators that can adequately monitor trends of change. Information on national indicators can be found on the JNCC website.

2.8 The Regional Spatial Strategy for the North West Policy EM1, Integrated Enhancement and Protection of the Region’s Environmental Assets, requires the identification, protection, enhancement and management of the Region’s biodiversity assets. Development Plans should seek to increase the region’s biodiversity through protecting, enhancing, expanding, and linking habitats and species populations – all of which requires an up-to-date evidence base.

2.9 The RSS also requires the local development of a functional ecological framework, and provides a regional indicative biodiversity resource and opportunity diagram identifying broad areas of opportunity for delivering biodiversity targets (Appendix 5, page 25).


http://www.jncc.gov.uk/page-3921

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2.10 The UK and Cumbria Biodiversity Action Plans, and the Section 41 NERC Act list of species and habitats of principal importance, set the scene for biodiversity conservation in Cumbria. The UK BAP seeks protection and enhancement of UK priority species and habitats, even those that are not statutorily protected, and this is reflected in PPS9. It is therefore important to know about the distribution, abundance and conservation needs of these species and habitats.

2.11 Knowledge of the occurrence and conservation requirements of these species and habitats in relation to climate change is also required to comply with national and regional policy and guidance.

2.12 In addition to being of use to Local Authority planners it is anticipated that the information provided on the Virtual Fauna of Lakeland website will be of value to developers and the general public.

An extensive biodiversity resource

2.13 The biodiversity resource of Cumbria is extensive due to its varied geology, topography, soils and climatic conditions. This variety is characterised in the Joint Character Areas. Biodiversity is a key element of the characterisation. Some of the resource is designated as SSSI, and significant areas of SSSI are also of international importance as Special Area of Conservation or Special Protection Area. But much of the biodiversity resource, both habitats and species, and the network of features in the landscape that are essential for migration, dispersal and genetic exchange, is outside the designated sites.

2.14 UK Priority habitats occur extensively within statutory sites, but they also occur outside of these sites, either undesignated, or designated as Cumbria Local Wildlife Sites (County Wildlife Sites). 47 of the 65 UK Priority Habitats (56 Habitats of Principal Importance in England) occur in Cumbria.

2.15 Cumbria supports 240 of the 1149 UK Priority Species (941 Species of Principal Importance in England) which require conservation action. Some of these are also statutorily protected.

2.16 European Protected Species are given a high level of protection from development, and other UK protected species are a significant material consideration in the planning system. Their protection is summarised in the Circular 6/2005.

2.17 Together all of the protected, UK priority and Cumbria Biodiversity Action Plan species form Cumbria’s Key Species list; in total there are 290 Key Species in Cumbria (see section 4.4, page 7).

2.18 This Evidence Base will assist the understanding of the biodiversity resource in Cumbria, provide pointers to further information and guidance, and help to identify gaps in our knowledge and areas for further development.


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3 Currency of the Evidence Base and its Limitations

3.1 The Cumbria Biodiversity Evidence Base Spreadsheet provides information on the currency (up-to-dateness) and limitations of the information and data provided. National policy requires Local Authorities to be as up-to-date as possible for their Local Development Frameworks to be sound.

3.2 Designated wildlife and geological site boundaries change relatively infrequently and Local Authorities will need to update on a regular though not frequent basis (e.g. on a yearly basis).

3.3 The UK priority habitat information from the nationally-held habitat inventories is of varying quality, i.e. some of the information is double-counted or misidentified. The information provided to Cumbria’s Local Authorities by the Cumbria Biological Data Network has been assessed by the CBDN and provided to the level of confidence that reflects the quality of the data. As information is improved these layers can be improved. The priority habitat information currently does not wholly overlay the designated sites layers.

3.4 The priority habitat area information is presented as absolute area figures and % area figures for various administrative areas - the county as a whole, each district (whole district and area of district outside the national parks), the national parks and the Joint Character Areas (Appendix 2, page 22). It should be noted that the Cumbria and district administrative boundaries are used, which include intertidal land, so the % figures need to be considered with this in mind. The absolute area figures for the habitat types are generated directly from the habitat layer provided to the Local Authorities.

3.5 It must be noted that the national habitat inventory information covers only a proportion of the UK priority habitats. Therefore the actual total area figures of priority habitat within any one district or natural area will increase as more habitats are mapped, and the relative percentages of priority habitat will therefore change.

3.6 The species records information will normally require interpretation by someone with ecological expertise. It will help to identify the likelihood of a species being present within a certain area, i.e. can be used for scoping purposes.

3.7 Wildlife distribution is not fixed and some species are more mobile than others. All species data presented is for occurrences since 1980. Whilst some recorded populations may have been lost from some sites during this period, many will persist.

3.8 Resources do not exist for comprehensive monitoring of all species, or even of all Key Species, within Cumbria. Species records are collected on an ad hoc basis or through targeted survey work, either focused on particular species or species groups, or on specific areas (e.g. site surveys for development purposes). The species records, therefore, are an indicative, rather than definitive, assessment of the current distribution and frequency of a species. The absence of a record of a species in a particular area is not proof that it does not occur there.

3.9 The information underlying the Key Species Richness Map (Appendix 4, page 24) is limited by the lack of comprehensive systematic coverage and, to some extent, represents recorder


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effort, i.e. reflects the locations that recorders have visited, and under-records those that are not visited. In addition some Key Species are not included as data for these are not yet included in the wildlife records database at Tullie House Museum. However, this map complements the UK Priority Habitat Map (Appendix 3, page 23) in providing a broad overview of the priority biodiversity resource in Cumbria.

3.10 The information underlying the 9 GIS Key Species Interest Zones layers has been derived from a range of datasets and/or with expert interpretation. They identify areas for which a particular species, or group of species, has been highlighted, through surveys and special projects. The information for these species will require regular updating. This approach could be extended in due course to a wider range of species.


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4 Package to Local Authorities - June 2008

This package, produced by the Cumbria Biological Data Network (CBDN), includes the following elements and is summarised in Figure 2, page 11.

4.1 The Cumbria Biodiversity Evidence Base Spreadsheet, which seeks to comply with PPS9 Guide to Good Practice (see Appendix 1, page 20) with specific reference to Cumbria.

The spreadsheet identifies the whole range of information that forms Cumbria’s standard Biodiversity Evidence Base and summarises the current state of play in the county, availability and efficacy. It includes reference to several areas of information that are not yet available, and provides the following:

• A description of each element of information • Additional associated information and guidance • Current availability/ future development • Its source/ reference with dates as relevant • Currency of information, i.e. how up-to-date Areas of geological value are also included.

Metadata is provided for all GIS information that has been provided to Local Authorities.

4.2 Tables which summarise the use of the Evidence Base within the planning process, see section 6 of this Report, page 12.

4.3 Priority Habitat List and Extent. A Spreadsheet of UK Priority Habitats (Cumbria Key Habitats) with tables giving their presence and extent (area and % area) for each Local Authority area (including within and outside the National Parks) and Joint Character Area. (will be updated on the Virtual Fauna of Lakeland website - www.lakelandwildlife.co.uk )

The figures given are based on the GIS maps provided within this package, not on Natural England’s Habitat Inventories. These are adequate summary figures and are indicative of the current known situation.

4.4 Cumbria Key Species Designations - a spreadsheet listing the designated status of all the protected, UK priority and Cumbria Biodiversity Action Plan species known to occur in Cumbria.

Cumbria Key Species presence / absence - a spreadsheet indicating the known presence/absence of Key Species for each Local Authority area (for Districts this is the whole District area) and Joint Character Area. Because of incomplete survey information it is likely that the lists will be added to in future years.

Both spreadsheets will be updated on the Virtual Fauna of Lakeland website - www.lakelandwildlife.co.uk).

4.5 GIS boundaries for Sites. These include:

• Sites of Special Scientific Interest • Special Protection Areas




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• Special Areas of Conservation • Ramsar Sites • Cumbria Local Wildlife Sites (County Wildlife Sites) • Nature Reserves (Local Nature Reserves, National Nature Reserves, Cumbria Wildlife

Trust, RSPB, Woodland Trust woods) • Limestone Pavement Orders • Regionally Important Geological Sites (Cumbria Local Geological Sites) • Ancient woodland • Sites of Invertebrate Significance • Special Roadside Verges

4.6 GIS boundaries showing current understanding of UK Priority Habitat in Cumbria. The combined UK priority habitat map for Cumbria is shown in Appendix 3, page 23.

Maps of the known distribution of 23 of the 47 UK priority habitats that occur in Cumbria, grouped into 11 Cumbria Key Habitat Groups; though the bogs (blanket bog and lowland raised bog) are considered separately. Information is derived from survey or remote sensing. Most mapping is not comprehensive. The mapped information was assessed and interpreted for use in Cumbria by the Cumbria Biological Data Network. Each polygon (digitised area) of priority habitat is allocated to one habitat type/ habitat group. The original information from the Habitat Inventories (Natural England) sometimes allocates a polygon to several habitat types (for example where there is a mosaic of habitats and they are not individually discernable at the mapping scale). This can therefore result in double or triple counting in habitat area terms, with a resulting over-estimate in extent of individual habitats, and total priority habitat. Where such overlaps occur the most ‘obvious’ or extensive habitat type is used for the polygon. It should be noted that the GIS mapping can be inaccurate for a variety of reasons. Though at a broad District-based level it is indicatively useful, the mapped boundaries should be treated with care and are used as guidance only. As the Habitat Inventories are improved by Natural England, with better ground-truthing and with more detailed mapping, the information will become more accurate. Some habitats are not currently mapped by Natural England, these are:

• Calaminarian grasslands • Open mosaic habitats on previously used land • Hedgerows • Intertidal and subtidal • Lakes ponds and tarns • Montane habitats • Wood pasture and parkland • Rivers • Orchards (GIS locations provided)

4.7 GIS Raster Layer of Phase 1 Habitat Survey of Cumbria 1987 plus target notes.

These are old, but still useful, coloured survey maps covering all but urban land at 1:10000 scale. Target notes (brief habitat / plant species information) provide additional information.


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4.8 GIS records of Cumbria Key Species observations (1980-2008). These records are supplied from the wildlife records database at Tullie House Museum, which is the best available dataset. The Cumbria Key Species Designations spreadsheet (section 4.4) gives an indication of the status of the data-holdings for each species group. Further information regarding this data is given in sections 3.6 – 3.9.

There are a considerable number of records; the practical display and use of this layer will depend on the preference of each Local Authority – see meta-database provided with the GIS information.

(The Virtual Fauna of Lakeland website www.lakelandwildlife.co.uk provides quick reference and additional information for some of these species.)

4.9 GIS boundaries of sensitive or project areas for a limited range of Cumbria Key Species. These Key Species Interest Zones include:

• Medicinal Leech • Great Crested Newt • Natterjack Toad • Small Blue butterfly • High Brown and Pearl-bordered Fritillary butterflies • Red Squirrel • Water Vole • Hen Harrier • Barnacle and Pink-footed Goose, and Whooper Swan

4.10 Key Species Richness Map - Appendix 4 of this Report.

The Key Species Richness Map shows the distribution of ‘richness’ of Key Species currently recorded on the wildlife records database at Tullie House Museum, for 2km squares. This species richness map includes species/species groups that are protected, UK priority, or Cumbria BAP species. It is interesting to compare this with the UK priority habitat map (Appendix 3, page 23) and note that some of the areas with a reduced extent of priority habitat nonetheless have high species diversity. This map complements the priority habitat map in providing a broad overview of the priority biodiversity resource in Cumbria.

4.11 North West Region and Cumbria Priority Habitat Targets Targets derived from the UK Biodiversity Action Plan for the maintenance (extent and condition), restoration and expansion of the UK priority habitats. These were revised by the North West Biodiversity Forum in April 2008, and available from their website. Indicative targets for Cumbria were included in the regional target but these have yet to be considered and agreed by the Cumbria Biodiversity Partnership. A selection of those most relevant to the planning process in Cumbria have been interpreted and included within the summary table of Planning Considerations and Enhancement Opportunities taken from the Species and Habitats Statements. This is available from the Virtual Fauna of Lakeland website www.lakelandwildlife.co.uk. These targets will assist Local Authorities in taking forward the requirement of paragraph 5 (ii) of PPS 9 within Local Development Frameworks. In addition the Natural Area Profiles (section 4.15) provide a spatial guide to biodiversity enhancement by identifying objectives for each Natural Area.



http://www.biodiversitynw.org.uk/


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4.12 Cumbria Habitat Statements for Cumbria Key Habitats - individual statements available from the Virtual Fauna of Lakeland website www.lakelandwildlife.co.uk.

These 21 statements, listed in Appendix 8, page 33, cover all UK priority habitats in Cumbria (except for arable field margins), that is they cover 46 of the 47 priority habitats. They provide in formation on:

• Description • Distribution and Extent • Conservation Issues • Planning Considerations • Enhancement Opportunities • Key Species • Further Information and Contacts

4.13 Cumbria Species Statements for selected Key Species that occur in Cumbria - individual statements available from the Virtual Fauna of Lakeland www.lakelandwildlife.co.uk.

These statements, listed in Appendix 9, page 35, cover 11 key species/species groups in Cumbria and provide information on:

• Legal and Conservation Status • Habitat • Ecology • Distribution • Conservation Issues • Planning Considerations • Enhancement Opportunities • Further Information and Contacts • Current Action in Cumbria

4.14 Planning issues statements for selected frequently occurring issues (to be provided as soon as possible). They will cover the following topics:

• Buildings and biodiversity • Biodiversity enhancement • Previously developed land and biodiversity • Rivers and Wetland Issues • Off-site impacts • Timing of works and surveys

4.15 A range of relevant Cumbria broad character documents, policy documents and definitions. The following are provided within this package:

• Natural Area Profiles (identify important biodiversity features and set objectives for them)

• Wildlife Habitat in Cumbria (report of the Phase 1 Habitat Survey of Cumbria) • Community Strategy District Biodiversity Profiles (describe how each district can

incorporate biodiversity objectives and targets)

Others can be found using weblinks and information provided in the Cumbria Biodiversity Evidence Base Spreadsheet and Appendices 6 and 7, which will also be down-loadable from www.lakelandwildlife.co.uk.





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Figure 2 – Cumbria’s Biodiversity Evidence Base PACKAGE TO LOCAL AUTHORITIES, JUNE 2008

4.1

UK PRIORITY HABITATS GIS Layer

4.6

UK PRIORITY HABITATS IN CUMBRIA (CUMBRIA

KEY HABITATS) Spreadsheets of distribution and extent by Local Authority Area & Joint Character Area

4.3

PHASE 1 HABITAT SURVEY OF CUMBRIA

GIS Raster layer

4.7

CUMBRIA HABITAT STATEMENTS

4.12

LOCAL INTERPRETATION OF PRIORITY HABITAT TARGETS FOR NORTH

WEST REGION 4.11

CUMBRIA BIODIVERSITY EVIDENCE BASE SPREADSHEET

Listing all elements that make up a Biodiversity

Evidence Base

TABLES SUMMARISING USE OF THE EVIDENCE BASE IN THE PLANNING

PROCESS

4.2 and Report Section 6

PLANNING ISSUES STATEMENTS In preparation

4.14

CUMBRIA BROAD CHARACTER DOCUMENTS

• Natural Area Profiles • Wildlife Habitat in Cumbria • Community Strategy

District Biodiversity Profiles 4.15

NATURE CONSERVATION SITES

GIS Boundaries Some sites with additional descriptive information

4.5

CUMBRIA KEY SPECIES INTEREST ZONES

GIS Boundaries

4.9

CUMBRIA KEY SPECIES

Spreadsheets of:

• Designated status • Distribution by Local

Authority Area & JCharacter Area

oint

4.4

CUMBRIA KEY SPECIES OBSERVATIONS

GIS records

4.8

CUMBRIA SPECIES STATEMENTS

4.13

SPECIES-RICHNESS MAP FOR CUMBRIA

4.10 and

Report Appendix 3

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5 Internet Access and Links

5.1 Virtual Fauna of Lakeland website www.lakelandwildlife.co.uk will provide easy access to these documents. It is envisaged that further development of the Cumbria Biological Data Network to a Local Records Centre will enable updates, and additional statements and guidance, to be provided, to reflect the most up-to-date information as required in Key Principle (i) of Planning Policy Statement 9, Biodiversity and Geological Conservation.

5.2 All documents will be dated to ensure that Local Planning Authorities can keep an audit trail of the information used at any stage in the planning process.

5.3 There are various links both within the documents and out to various websites.

6 Use of the Evidence Base for Planning Purposes - LDF preparation,

development control and monitoring

6.1 The Biodiversity Evidence Base provides information that can be used at a range of levels. For policy preparation knowledge is required of the designated sites, habitats and species, their location, potential threats and trends, areas of irreplaceable habitat, key habitat networks, and areas with potential for biodiversity enhancement (PPS9 paragraph 5 (ii)).

6.2 Area Action Plans and Site Allocations, in addition, require similar information at a site-based level to ensure that biodiversity requirements are fully taken into account both on the site itself and in relation to the site, to ensure that development will not detrimentally impact upon wildlife on the site, on adjacent sites or on wildlife that uses the site as a movement corridor.

6.3 The development control process requires this information to ensure that planning applications are adequate and can be validated, in particular to scope the information required to be submitted with an application.

6.4 The annual monitoring reports require background knowledge of the sites, habitats and species that should be monitored, as both contextual and core output indicators.

6.5 PAS 2010: Planning to halt the loss of biodiversity, British Standards Institute, August 2006, has been developed to help the planning system play its part in halting the decline of biodiversity. It provides recommendations for the integration of biodiversity conservation into land use and spatial planning in the UK. PAS 2010 identifies where competent authorities have clear responsibilities for biodiversity conservation, and recommends tasks that should be undertaken to discharge their planning functions in a manner that is compliant with statutory obligations, government policy and professional good practice.

6.6 The RTPI Head of Policy, Rynd Smith, is quoted as saying

“The RTPI commends PAS 2010 to planners as a foundation stone from which to halt biodiversity decline by 2010. Good spatial planning can build from this foundation. The RTPI’s New Vision for Planning envisages that biodiversity should make an integrated contribution towards more liveable and prosperous places, where planners do not just halt loss, but deliver net biodiversity gains as part of green infrastructure provision. Sound development plan policies that deliver good design, and support creative development management can all help to realise this broader vision.”



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6.7 The Tables below guide the use of the Biodiversity Evidence Base in the planning process

Further information: • Planning Policy Statement 9: Biodiversity and Geological Conservation

• Government Circular ODPM 6/2005: Biodiversity and Geological Conservation - Statutory obligations and their impact within the planning system, Government Circular 6/2005

• Planning for Biodiversity and Geological Conservation: A Guide to Good Practice, March 2006, the companion guide to PPS 9 and the Government Circular 6/2005

Table 1 Core Strategy and Policy Formulation

Primary information Type of Information Supportive information

Natural Area Profiles and Joint Character Area Documents

GIS boundaries and Descriptive documents

Community Strategy District Biodiversity Profiles

Cumbria Biodiversity Action Plan

Documents

North West Regional Spatial Strategy Resource and Opportunity Diagram RSS map

Cumbria Broad Character Documents

Cumbria Biodiversity Resource and Opportunity Map, not yet available

GIS layer and Guidance

A Flora of Cumbria Breeding Birds of Cumbria Wildlife Habitat in Cumbria North West Biodiversity Audit UK Biodiversity Action Plan

Shoreline Management Plans Catchment Flood Management Plans (in prep) River Basin Management Plans (in prep) European Marine Site Management Schemes and Reg 33 advice

Documents

Key Natural Systems and Processes

Defra Guidance on Building Capacity to adapt to Climate Change Documents The Cumbria Draft Climate

Change Strategy


http://www.communities.gov.uk/publications/planningandbuilding/pps9

http://www.communities.gov.uk/publications/planningandbuilding/circularbiodiversity

http://www.communities.gov.uk/publications/planningandbuilding/planningbiodiversity

___________________________________________________________________________________June 2008 14



Internationally and nationally designated sites Cumbria Local Wildlife Sites Other sites (LPOs, RIGs, Nature Reserves, Ancient Woodland)

GIS site locations and citations

Sites of Invertebrate Significance

Key habitat list

Spreadsheet (available for Cumbria, Local Authority and Natural Areas)

Key habitat maps, inc orchards and ancient woodland GIS layer

Cumbria Habitat Statements (with links to Cumbria and UK Biodiversity Habitat Action Plans)

Phase 1 Habitat Survey information GIS Raster layer and Target Notes

Key Species List (protected and priority)

Spreadsheet (available for Cumbria, Local Authority and Natural Areas)

Detailed Knowledge of the Biodiversity Resource

Key Species observations in LA area

GIS mapped species records (expert interpretation required), and key species interest zones maps

Cumbria Species Statements Cumbria and UK Biodiversity Species Action Plans Other Cumbria species’ distributions from www.lakelandwildlife.co.uk Flora of Cumbria Breeding Birds of Cumbria

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Planning Considerations

Cumbria Habitats and Species Statements Off-site Impacts Statement (in prep) Spatial Planning Guide for On-shore Wind Farm Developments in Cumbria Rivers and Wetlands Issues Statement (in prep) Buildings and Biodiversity Statement (in prep) Previously Developed Land and Biodiversity Statement (in prep)

Documents

Cumbria Biodiversity Action Plan North West Biodiversity Audit for species statements, though will be superseded in due course

North West Region and Cumbria Priority Habitat Targets

Spreadsheets of North West Region targets; some Cumbria interpretation

Natural Area Profiles Documents

Biodiversity Enhancement Statement (in prep) Cumbria Habitats and Species Statements Rivers and Wetlands Issues Statement (in prep) Buildings and Biodiversity Statement (in prep) Previously Developed Land and Biodiversity Statement (in prep)

Documents


Biodiversity EnhancementOpportunities

North West Wetlands Network Plans and strategy

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Table 2 Site Allocations, Area Action Plans and Development Control

Primary information Type of information Supportive information

Internationally and nationally designated sites potentially affected

County Wildlife Sites potentially affected

Other sites potentially affected (LPOs, RIGs, Nature Reserves, Ancient woodland)

GIS site locations and citations

Sites of Invertebrate Significance

Phase 1 Habitat Survey information GIS Raster layer and Target Notes

Priority habitat potentially affected Maps insufficiently accurate

Cumbria Habitat statements

Key Species (protected and priority) potentially affected

GIS mapped species records (expert interpretation required), and key species interest zones maps

Cumbria Species Statements Other Cumbria species’ distributions from www.lakelandwildlife.co.uk

Site specific habitat survey and assessment of likely impacts

Field survey and assessment

Knowledge of the Biodiversity Resource

Site specific species surveys and assessment of likely impacts

Field survey and assessment

Timing of Works and Surveys Statement (in prep) Cumbria Habitat Statements Cumbria Species Statements

Planning Considerations

Cumbria Habitats and Species Statements Off-site Impacts Statement (in prep) Spatial Planning Guide for On-shore Wind Farm Developments in Cumbria Previously Developed Land and Biodiversity Statement (in prep) Rivers and Wetlands Issues Statement (in prep) Buildings and Biodiversity Statement (in prep)

Documents Cumbria Biodiversity Action Plan


___________________________________________________________________________________June 2008 17


Primary information Type of information Supportive information


Spreadsheets of North West Region targets; some Cumbria interpretation

Natural Area Profiles Documents

Biodiversity Enhancement Statement (in prep) Cumbria Habitats and Species Statements Previously Developed Land and Biodiversity Statement (in prep) Rivers and Wetlands Issues Statement (in prep) Buildings and Biodiversity Statement (in prep)

Documents


Biodiversity Enhancement Opportunities

North West Wetlands Network Plans and strategy

___________________________________________________________________________________June 2008 18

Table 3 Monitoring

Monitoring information Source Supportive information

SSSI favourable condition Natural England

Cumbria Local Wildlife Sites (number, area and condition)

Cumbria Local Sites Partnership

Priority habitat extent, and ancient woodland extent

Priority habitats spreadsheet and GIS maps


North West Biodiversity Forum and Cumbria Biodiversity Partnership. Some Cumbria interpretation available

Contextual

Key Species interest

Species Statements and GIS Key Species Interest Zones maps

Wildlife Habitat in Cumbria for 1987 habitat areas. Cumbria Biodiversity Resource and Opportunities Map (not yet available) Breeding Birds of Cumbria National indicators

Loss of existing area of designated and other sites

GIS layers and planning decisions

Loss of existing area of priority habitat

Priority habitat spreadsheet and planning decisions

Gain in area of wildlife habitat created for biodiversity benefit

Planning decisions

Number of planning applications approved including a packet of measures to promote biodiversity (e.g. business parks and housing developments)

Planning decisions

Biodiversity Enhancement Statement (in prep)

Core Output (options for monitoring delivery of planning policies through development control)

Length of hedgerow lost/gained Planning decisions


___________________________________________________________________________________June 2008 19

Number of planning applications approved that have a significant negative impact protected or priority species

Planning decisions

Number of planning applications approved with specific measures for protection of protected or priority species/ or number with these conditions discharged

Planning decisions

Number of planning applications approved with enhancement measures for protection of protected or priority species/ or number with these conditions discharged

Planning decisions

Key Species Spreadsheet Species Statements UK and Cumbria Biodiversity Action Plans


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Appendix 1 – The Key Elements of an Evidence Base Extracts from PPS9 Planning for Biodiversity and Geological Conservation: A Guide to Good Practice, ODPM, Defra and English Nature, 2006, pp. 3-4 Section 2: Information and Evidence

Good practice summary

The planning system requires a strong environmental evidence base and planning authorities can help establish and maintain this by adopting the following good practice:

• making full use of GIS and other web-based information sources; • identifying key information gaps and filling these with further survey work; • using information to identify and map areas best suited for proactive enhancement measures, • integrating information and priorities established in biodiversity/geodiversity action plans and partnerships; • supporting the establishment of a Local Record Centre; • ensuring access to in-house or shared ecological/geological expertise; and tapping the knowledge and

experience held within the wider community

2.1 The first key principle of PPS9 reflects the requirement set out in paragraph 19 of PPS15 that plan policies and

planning decisions should be based on up-to-date information about the environmental characteristics of an area. PPS9 makes clear that these characteristics should include the relevant biodiversity and geological resources.

2.2 Information on biodiversity and geological resources is required to:

• Provide the evidence base needed to prepare regional spatial strategies (RSS) and local development frameworks (LDFs), to carry out Sustainability Appraisals and to ensure the test of soundness is met at Examinations.

• Deliver a spatial planning approach which applies information from all policies and programmes influencing the nature of places and how they can function, including regional and local Biodiversity and Geodiversity Action Plans.

• Set targets and indicators to measure the implementation of RSS and LDF policies and other regional and local government objectives, such as those of Regional Sustainable Development Frameworks and sustainable community strategies.

• To contribute to the provision of information needed for the Annual Monitoring Reports required for RSS and LDDs6.

• Appraise environmental impacts of all development proposals, including where necessary to satisfy the requirements of the Environmental Impact Assessment Regulations (EIA Regulations) and the Habitats Regulations7.

• Inform a strategic and spatially planned approach to the conservation, enhancement and restoration of biodiversity and geology.

THE KEY ELEMENTS OF AN EVIDENCE BASE

2.3 A good information base must provide planners with an understanding of the natural environment including the landscape and its underlying geology, the range of habitats it supports and the natural processes and human activities which shape and influence this. It should enable planners to recognise those natural features distinctive to their area, their distribution and extent and the trends affecting them, particularly those likely to be most vulnerable to the effects of climate change. Below is a checklist of key elements to this information base:


___________________________________________________________________________________June 2008 21

• the broad bio-geographical, geological and geomorphological character of the area, creating its main landscapes types;

• key natural systems and processes within the area, including fluvial and coastal; • the location and extent of internationally, nationally and locally designated sites; • the distribution of UKBAP priority habitats and species as well as areas of irreplaceable natural habitat, such

as ancient woodland or limestone pavement; • habitats where specific land management practices are required for their conservation; • main landscape features which, due to their linear or continuous nature, are important for the migration,

dispersal and genetic exchanges of plants and animals, including any potential for new habitat corridors to link any isolated sites that hold nature conservation value, and therefore improve species dispersal;

• areas with potential for habitat enhancement or restoration, including those necessary to help biodiversity adapt to climate change or which could assist with the habitats shifts and species migrations arising from climate change;

• an audit of green space within built areas and where new development is proposed; • information on the presence of protected and priority species and areas where these are likely to occur; • information on the biodiversity and geodiversity value of previously developed sites and the opportunities for

incorporating this in developments; and • areas of geological value which would benefit from enhancement and management.

A checklist of components of an environmental information base


___________________________________________________________________________________June 2008 22

Appendix 2 – Joint Character Areas, District and National Park Boundaries


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Appendix 3 – UK Priority Habitat in Cumbria Priority habitat is shown in blue on the Cumbria base map.


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Appendix 4 – Key Species Richness Map See sections 3.7 - 3.9 for the limitations of the data from which this map is derived.


___________________________________________________________________________________June 2008 25

Appendix 5 – Regional Spatial Strategy Biodiversity Resource and Opportunity Diagram Please note this is the draft version - it is expected that the legend will change when the RSS is issued by the Secretary of State in August 2008.


___________________________________________________________________________________June 2008 26

Appendix 6 – A Guide to Biodiversity Planning Policy and Guidance

A Guide to Biodiversity Planning Policy and Guidance 1. Planning Policy Statement 9: Biodiversity and Geological Conservation

PPS9 sets out the planning policies on protection of biodiversity and geological conservation through the planning system. This replaces PPG9.

Paragraph 4 states that ‘[Local Authorities]…. should ensure that policies in local development documents reflect, and are consistent with, national, regional and local biodiversity priorities and objectives (including those agreed by local biodiversity partnerships).’

Also, notably, paragraph 5(ii) states that: ‘Local Development Frameworks should identify areas or sites for the restoration or creation of new priority habitats which contribute to regional targets, and support this restoration or creation through appropriate policies.’

2. Circular 6/2005: Biodiversity and Geological Conservation – Statutory Obligations and their Impact within the Planning System This circular provides administrative guidance on the application of the law to planning and nature conservation. It complements PPS9 and the accompanying Good Practice Guide.

3. Planning for Biodiversity and Geological Conservation: A Guide to Good Practice, March

2006. The companion guide to PPS 9 and the Government Circular 6/2005 4. Validation of Planning Applications

Government guidance has been prepared setting out changes to the validation procedures aimed at clarifying the information needed to enable the proper validation and determination of an application for planning permission.

5. PAS 2010: Planning to halt the loss of biodiversity, British Standards Institute, 2006

Biodiversity conservation standards for planning in the UK – Code of Practice. PAS 2010 has been developed to help the planning system play its part in halting the decline of biodiversity. It provides recommendations for the integration of biodiversity conservation into land use and spatial planning in the UK. PAS 2010 identifies where competent authorities have clear responsibilities for biodiversity conservation, and recommends tasks that should be undertaken to discharge their planning functions in a manner that is compliant with statutory obligations, government policy and professional good practice. This Publicly Available Specification (PAS) is particularly relevant to land use and spatial planning in terrestrial, coastal and freshwater environments, but its principles can also be applied to planning in the marine environment.

6. Regional Spatial Strategy policies The responses to the Proposed Changes are currently being considered by Government Office North West; it is anticipated that the final version of the RSS will be issued as a statutory document by the Secretary of State in August 2008. Policies DP7, EM1 and EM3 of the draft North West Regional Spatial Strategy seek to conserve and enhance biodiversity as part of an integrated approach to protection and enhancement of the region’s environmental assets.


http://www.communities.gov.uk/publications/planningandbuilding/pps9


http://www.communities.gov.uk/publications/planningandbuilding/planningbiodiversity

http://www.communities.gov.uk/publications/planningandbuilding/validationplanningapplications

http://www.bsi-global.com/en/Shop/Publication-Detail/?pid=000000000030154979

http://www.gonw.gov.uk/gonw/Planning/RegionalPlanning/?a=42496

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Specifically the nature conservation section of Policy EM1 (proposed changes to the draft RSS, following the Examination in Public) states that:

“Plans, strategies, proposals and schemes should seek to deliver a ‘step-change’ increase in the region’s biodiversity resources by contributing to the delivery of national, regional and local biodiversity objectives and targets for maintaining, restoring and expanding habitats and species populations. This should be done through protecting, enhancing, expanding and linking areas for wildlife within and between the locations of highest biodiversity resources, including statutory and local wildlife sites, and encouraging the conservation and expansion of the ecological fabric elsewhere.”

It also states that:

“Plans, strategies proposals and schemes should protect and enhance the region’s geological and geomorphological resources including statutory and local sites by contributing to the delivery of national, regional and local geodiversity objectives and targets.”

7. Regional Spatial Strategy Indicative Biodiversity Resource and Opportunity Diagram and

Functional Ecological Frameworks (Ecological Networks) RSS Policy EM1 currently states that:

“Broad locations where there are greatest opportunities for delivering the biodiversity targets are shown on the Indicative Biodiversity Resource and Opportunity Diagram (see Diagram 9.1). More specific locations will be informed by sub-regional biodiversity maps and frameworks of statutory and local wildlife sites.

Local Authorities should:

• Develop a more detailed representation of this spatial information for use in their Local Development Frameworks; and

• Develop functional ecological frameworks that will address habitat fragmentation and species isolation, identifying and targeting opportunities for habitat expansion and re-connection. Active arrangements will be needed to address ecological cross-boundary issues within the region; and within areas such as the Pennines, Solway Firth, the Mersey Estuary, the River Dee Estuary and the Cheshire Meres and Mosses, as well as including biodiversity policies in any developing Marine Spatial Planning System in the Irish Sea “

The Biodiversity Resource and Opportunity diagram is currently being revised as part of the RSS production process; the draft map is shown in Appendix 5. It is produced at a regional level and summarises the distribution of the North West’s priority habitat resource and highlights broad areas of opportunity for delivering biodiversity targets within Cumbria. The ecological framework for Cumbria will be further developed with the proposed production of a Cumbria biodiversity resource and opportunities map. This will need to include significantly more detail and guidance than the regional map.

8. Regional Spatial Strategy Green Infrastructure RSS Policy EM3 describes Green Infrastructure as the planned network of multi-functional green spaces and interconnecting links that is designed, developed and managed to meet the environmental, social and economic needs of communities. The Policy states that Local Authorities should ensure that a key aim of green infrastructure is the maintenance and improvement of biodiversity.


http://www.greeninfrastructurenw.co.uk/html/index.php?page=resources&NorthWestRegion=true

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9. North West Region Priority Habitat Targets The North West Biodiversity Forum has produced biodiversity targets for the maintenance, restoration and expansion of UK priority habitats. Some Cumbria interpretation is available, with a summary of Planning Considerations and Enhancement Opportunities taken from the Species and Habitats Statements, on www.lakelandwildife.co.uk.

10. UK Biodiversity Action Plan The UK Biodiversity Partnership was set up after the Rio Earth Summit in 1992 to implement the Biodiversity Convention in the UK. The UK Biodiversity Action Plan was prepared in 1994 and required a range of actions and initiatives to take place. UK Priority species and habitats were identified and action plans prepared 1995-99.

PPS9 requires Local Authority policies to be consistent with these national biodiversity priorities and objectives, and to enable the restoration and creation of new priority habitats.

11. UK Biodiversity Action Plan priority species and habitats These are animal and plant species, and habitats listed by the UK Biodiversity Partnership as being in need of conservation action. This list of species and habitats was reviewed in the Species and Habitat Review June 2007. Species were both added and removed. Habitats were added and some were redefined. This list is used as the basis for the Section 41 NERC Act list (previously S 74 CROW Act), and these lists are now the same, except that the S41 list also includes the Hen Harrier. In Cumbria there are 290 of the 1149 UK priority species and 47 of the 65 UK priority habitats.

For the Habitat Statements in Cumbria, UK priority habitats have been grouped together, where this is appropriate, into Cumbria Key Habitats, each of which has a Habitat Statement.

12. Cumbria Key Species The Cumbria list of protected, UK priority and Cumbria Biodiversity Action Plan species, listed in the Cumbria Key Species Designations Spreadsheet (see section 4.4).

13. Cumbria Key Habitats The Cumbria grouped list of UK priority habitats, each of which have a Habitat Statement.

14. Cumbria Biodiversity Action Plan The UK Biodiversity Action Plan 1994 encouraged the setting up of Local Biodiversity Partnerships and the production of Local Biodiversity Action Plans, to take forward the UK action plans and also address further local priorities. The Cumbria Biodiversity Partnership was set up in 1998 and the Cumbria Biodiversity Action Plan, which was widely consulted and agreed, was launched in 2001. This Action Plan covers a range of species, habitats and general issues. The Plan still forms the basis of significant conservation action in Cumbria and includes extremely useful background and detailed information on Cumbria’s biodiversity priorities.

PPS9 requires Local Authority policies to be consistent with these local biodiversity priorities and objectives, and to enable the restoration and creation of new priority habitats.

15. Cumbria Biodiversity Action Plan species and habitats These are animal and plant species and habitats listed in the Cumbria Biodiversity Action Plan 2001 as being in need of priority conservation action. The list includes tranche 1, for which action plans were written, and tranche 2 which have yet to have action plans

16. North West Regional Geodiversity Action Plan

In preparation.


http://www.biodiversitynw.org.uk/

http://www.lakelandwildife.co.uk/

http://www.ukbap.org.uk/

http://www.ukbap.org.uk/

http://www.wildlifeincumbria.org.uk/

http://www.wildlifeincumbria.org.uk/

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Appendix 7 – A Guide to Wildlife Legislation and Site Designations

A Guide to Wildlife Legislation and Site Designations 1. Circular 6/2005: Biodiversity and Geological Conservation – Statutory Obligations and

their Impact within the Planning System This circular provides administrative guidance on the application of the law to planning and nature conservation. It complements PPS9 and the accompanying Good Practice Guide.

2. Biodiversity Duty, Natural Environment and Rural Communities Act, 2006

Section 40 places a duty on public authorities to conserve biodiversity - for the first time. This section states that (1) Every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity, and (3) Conserving biodiversity includes, in relation to a living organism or type of habitat, restoring or enhancing a population or habitat. This change is significant as it places a duty on all Local Authorities to conserve wider biodiversity in addition to the statutory protection given to certain sites and species. Also Section 55 changes the situation regarding the Local Authority role and SSSI protection. Guidance for Local Authorities on Implementing the Biodiversity Duty has been produced by Defra.

3. Wildlife & Countryside Act 1981 (as amended)

This Act, as amended, provides national protection for SSSIs and protected species, in addition to a range of other measures. The 1981 Act has been amended significantly through the CROW ACT 2000 and the NERC Act 2006 and therefore the original document does not represent the Act as it currently stands. The legislation has been consolidated in the Manual of Nature Conservation Law, 2nd Edition, edited by Michael Fry. Landowners, occupiers and third parties are all subject to the legislative requirements of this Act (as amended) with regards to protection of SSSIs and protected species.

4. Countryside and Rights of Way Act 2000 With regards to nature conservation this Act increases protection for Sites of Special Scientific Interest (SSSI) and strengthens wildlife enforcement legislation. It also brings about the duty on government departments to have regard for the conservation of biodiversity and maintain lists of species and habitats for which conservation steps should be taken or promoted, in accordance with the Convention on Biological Diversity (Section 73 list). The NERC Act, 2006, paragraph 55 amends the legislation with regards to offences on SSSIs.

5. Birds Directive The Birds Directive provides the framework for the conservation and management of wild birds in Europe. It requires the identification and classification of Special Protection Areas for rare or vulnerable species listed in Annex I of the Directive, as well as for all regularly occurring migratory species, paying particular attention to the protection of wetlands of international importance (Article 4). In the UK, the provisions of the Birds Directive are implemented through the Wildlife & Countryside Act 1981 (as amended) and The Conservation (Natural Habitats, &c.) Regulations 1994 (as amended).

6. Habitats Directive

The Habitats Directive requires member states to implement a range of measures for the



http://www.opsi.gov.uk/acts/acts2006/ukpga_20060016_en_1

http://www.defra.gov.uk/wildlife-countryside/pdfs/biodiversity/la-guid-english.pdf

http://www.defra.gov.uk/wildlife-countryside/pdfs/biodiversity/la-guid-english.pdf


http://www.defra.gov.uk/wildlife-countryside/cl/index.htm


http://www.opsi.gov.uk/si/si1994/Uksi_19942716_en_1.htm#tcon

http://www.opsi.gov.uk/si/si1994/Uksi_19942716_en_1.htm#tcon


___________________________________________________________________________________June 2008 30

protection of habitats and species. The Habitats Directive introduces the precautionary principle, for the first time for protected areas. Projects can only be permitted having ascertained no adverse effect on the integrity of the site. Projects may still be permitted if there are no alternatives, and there are imperative reasons of overriding public interest. In such cases compensation measures will be necessary to ensure the overall integrity of the network of sites. In the UK the Directive has been transposed into national laws by means of the Conservation (Natural Habitats, & c.) Regulations 1994 (as amended), these are known as 'the Habitats Regulations'.

7. Habitats Regulations 1994 In the UK the Habitats Directive has been transposed into national laws by means of the Habitats Regulations. Notably Regulation 3 (4) requires every competent authority in the exercise of any of its functions to have regard to the requirements of the Habitats Directive. In particular the Habitats Regulations provide measures for the protection of European Sites and European Protected Species. The Habitats Regulations also requires Local Planning Authorities to include policies encouraging the management of features in the landscape that are of major importance for wild flora and fauna (Regulation 37 (1). These features are defined as linear features or stepping stones which are essential for the migration, dispersal and genetic exchange of wild species. The Regulations were reviewed in 2007 and some amendments were made. The legislation has been consolidated in the Manual of Nature Conservation Law, 2nd Edition, edited by Michael Fry.

8. Ramsar Convention Convention on Wetlands of International Importance, agreed in Ramsar, Iran, in 1971. Originally intended to protect sites of importance especially as waterfowl habitat, the Convention has broadened its scope over the years to cover all aspects of wetland conservation and wise use, recognising wetlands as ecosystems that are extremely important for biodiversity conservation in general and for the well-being of human communities.

9. European Protected Species (animals and plants – not birds)

These animal and plant species are listed on Annex IV of the Habitat Directive. The animals are protected under Regulation 39 of the Habitats Regulations and are listed on Schedule 2 of these Regulations; plants are protected under Regulation 43 of the Habitats Regulations and are listed on Schedule 4. The European Protected Species Guidance note advises developers and planners of their responsibilities towards European Protected species.

10. Annex I species

These species are listed on Annex I of the Birds Directive. They are bird species for which Special Protection Areas are classified (designated).

11. Annex II species These species are listed on Annex II of the Habitats Directive. They are animal species for which Special Areas of Conservation are designated.

12. Species and habitats of principal importance in England

Under Section 41 of the NERC Act 2006 the Secretary of State must, for England, publish a list of habitats and species which in the Secretary of State’s opinion are of principal importance for the purpose of conserving biodiversity. The Secretary of State must keep this list under review. This S 41 provision reapplies Section 74 of the Countryside and Rights of Way Act, 2000. DEFRA published the original S 74 list in 2002 and this is given in Government Circular 6/2005


http://www.opsi.gov.uk/si/si1994/Uksi_19942716_en_1.htm



http://www.naturalengland.org.uk/conservation/wildlife-management-licensing/docs/WML-G12.pdf



http://www.defra.gov.uk/wildlife-countryside/biodiversity/sect41-nerc.htm

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Biodiversity and Geological Conservation – Statutory Obligations etc, pages 52-58. Note this S 74 list was superseded in May 2008 by the new S41 list, and now includes 941species and 56 habitats. PPS9 refers to species and habitats of principal importance but refers to this as the S 74 list. With regards to species this list differs from the UK BAP Priority species list only with the addition of the Hen Harrier. The habitat lists are the same.

13. Site of Special Scientific Interest (SSSI) The best wildlife and geological sites in the country designated under Section 28 of the Wildlife and Countryside Act 1981, as amended by the CROW Act 2000. There are 279 in Cumbria. Planning authorities have specific duties and responsibilities in respect of SSSIs; these are summarised in Part II of ODPM Circular 06/2005.

14. Special Area of Conservation (SAC)

Areas given special protection under the European Union's Habitats Directive, in the UK through the Habitats Regulations 1994. With SPAs they form the Natura 2000 series across Europe. All land-based sites are SSSIs; marine sites may extend beyond the SSSI boundary. They are designated for their habitats, and for certain plant and animal species specifically. Planning authorities are required to carry out a Habitats Regulations Assessment for any plan, programme or project (including development plans and planning permissions) to ensure that any impacts are not detrimental to the features for which the sites are designated. Where a SAC incorporates subtidal and/or intertidal areas, it is referred to as a "European marine site" (EMS) and additional information is available in the form of a 'management scheme'.

15. Special Protection Area (SPA)

Areas given special protection under the European Union’s Birds Directive, and through the Habitats Regulations 1994. With SACs they form the Natura 2000 series across Europe. All land-based sites are SSSIs; marine sites may extend beyond the SSSI boundary They are designated for their birdlife, including rare and vulnerable birds and for regularly occurring migratory species. Planning authorities are required to carry out a Habitats Regulations Assessment for any plan, programme or project (including development plans and planning permissions) to ensure that any impacts are not detrimental to the features for which the sites are designated. There are 4 SPAs in Cumbria. Where a SPA incorporates subtidal and/or intertidal areas, it is referred to as a "European marine site" (EMS) and additional information is available in the form of a 'management scheme'.

16. Ramsar site

Wetland areas designated under the Convention on Wetlands of International Importance, 1971, (Ramsar Convention). Government policy is that these should be treated the same as SACs and SPAs in terms of protection. All land-based sites are SSSIs; marine sites may extend beyond the SSSI boundary. There are 5 Ramsar sites in Cumbria.

17. National Nature Reserve

National Nature Reserves are some of the most important sites in the UK for wildlife and geology, in England declared by Natural England under the National Parks and Access to the Countryside Act 1949 and the Wildlife and Countryside Act 1981.They are managed primarily for their habitats and species, or geological or geomorphological features, but also provide great opportunities for people to experience nature. Almost all NNRs have some form of access provision. There are 25 NNRs in Cumbria, and 222 nationally; they are managed by Natural England (18) or an approved body (7).


http://www.naturalengland.org.uk/conservation/designated-areas/default.htm





___________________________________________________________________________________June 2008 32

18. Local Nature Reserve These nature reserves are declared by Local Authorities (County, District, National Park, or Parish) under the National Parks and Access to the Countryside Act 1949 as living green spaces in towns, cities, villages and countryside. They are declared and managed for nature conservation, and provide opportunities for research and education, or for simply enjoying and having contact with nature. All LNRs are owned or controlled by Local Authorities, though they may be managed by others. Some are also SSSIs. There are 8 in Cumbria and approximately 1200 nationally.

19. Limestone Pavement Orders

Limestone Pavement Orders are made under Section 34 of the Wildlife and Countryside Act 1981, by Cumbria County Council, LDNPA and YDNPA, as appropriate. This gives statutory protection for limestone pavements and prohibits the removal or damage of limestone within the designated area. LPO sites are often, but not exclusively, SSSIs.

20. Cumbria Local Wildlife Sites (County Wildlife Sites)

Cumbria Local Wildlife Sites, or County Wildlife Sites as they were known until recently, are defined areas, identified and selected locally for their nature conservation value based on important, distinctive and threatened habitats and species within a national, regional and local context. They are part of the hierarchy of nature conservation site designations present in the UK. Local Wildlife Sites and SSSIs together form the core of the functional ecological framework referred to in the regional policy EM1. They are designated and reviewed at a county level by the Wildlife Sites Selection Panel for the Cumbria Local Sites Partnership, according to the Wildlife Site Selection Guidelines.

21. Regionally Important Geological and Geomorphological Sites (RIGS)

These are the most important places for geology and geomorphology outwith the statutorily protected SSSIs. Sites are selected under locally-developed criteria, according to their value for education, scientific study, historical significance or aesthetic qualities. RIGS are equivalent to Local Wildlife Sites and together these are known as Local Sites, and are recognised within the planning system. They are designated at a county level by the RIGS Group for the Cumbria Local Sites Partnership.

22. Joint Character Areas and Natural Areas Natural Areas, defined by English Nature (now incorporated into Natural England), are divisions of England based on the distribution of wildlife and natural features, and the land-use patterns and human history of each area. They are either the same as the Character Areas or they may be groups of Character Areas. The Natural Area Profiles describe the distinctive biodiversity features for each Natural Area. Countryside Character Areas, defined by the Countryside Commission (now incorporated into Natural England), are very similar divisions of England but with a stronger emphasis on landscape character. Countryside Character Areas match or nest within Natural Area boundaries. Joint Character Areas (JCAs) is the term now used for areas which are the same as Countryside Character Areas, and these are used for a variety of targeting purposes. GIS boundaries available direct from http://www.magic.gov.uk/. See Appendix 2, page 22.



http://www.defra.gov.uk/wildlife-countryside/ewd/local-sites/localsites.pdf

http://www.ukrigs.org.uk/html/ukrigs.php

http://www.countryside.gov.uk/LAR/Landscape/CC/jca.asp

http://www.magic.gov.uk/

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Appendix 8 – List of Cumbria Habitat Statements Habitat statements are provided in a separate document for the following Key Habitats:

Coastal Habitats

Coastal habitats above high water:

These priority habitats, formed by natural coastal processes, occur along the majority of Cumbria’s coast. They provide positive opportunities for public access and enjoyment though this requires active management.

Coastal intertidal habitats:

A range of wildlife-rich priority habitats between high and low tide; their form is dependent on their coastal location, degree of wave action and substrate.

Coastal subtidal habitats

Below the tidal limit Cumbria’s seabed is almost entirely of mud, silt, sand and gravel sediments, with specialised animal life. These habitats can be damaged by a variety of development and fishing activities.

Saline lagoons

In Cumbria this habitat is found in man-made locations, such as docks, gravel and mine workings. They support a range of wildfowl, waders and sea birds and provide excellent bird watching opportunities

Grasslands Calaminarian grasslands

This priority habitat supports a unique range of wildflowers adapted to heavy metal rich soils associated with the lead mining industry, or in similar natural situations.

Calcareous grasslands

Flower-rich grasslands on poor limestone or base-rich soils which support some of our rarest butterflies

Coastal flood plain and grazing marsh

This priority habitat is particularly important for breeding, over-wintering and migrating birds, and relies on seasonal inundation

Hay meadows and pastures

These are flower-rich grasslands that need traditional cutting and/or grazing to maintain their species diversity and prevent scrub colonisation. Also found on some roadside verges, churchyards and other public land.

Lowland dry acid grassland

An uncommon habitat, often important for reptiles, that occurs in areas that may once have been lowland heath.

Heathland and Moorland

Bogs

Bogs are acid peatlands supporting specialised flora and fauna, fed predominantly by rain water. They require water-logging for peat formation and this peat acts as a carbon sink.

Heathland

This priority habitat supports a distinctive array of breeding birds. It has suffered from over-grazing but has recovered in recent years through less-intensive management to become a distinctive landscape feature in late summer.

Montane habitats

High level habitat on mountain tops in Cumbria. Its extent and species composition are very likely to suffer as a result of climate change.


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Wetlands Bogs

Bogs are acid peatlands supporting specialised flora and fauna, fed predominantly by rain water. They require water-logging for peat formation and this peat acts as a carbon sink.

Fen, marsh and swamp

A range of wetland priority habitats that require various water regimes. All would be negatively impacted upon by inflowing water pollution, nutrient enrichment or drainage.

Lakes, ponds and tarns

A range of habitats from lowland to upland, large to small, nutrient-rich to nutrient-poor. All can be impacted upon by changes to water flows or pollution, and by direct physical damage.

Rivers

Widespread and diverse priority habitat supporting a range of internationally important species. Most larger scale developments have the potential to impact on this habitat.

Woodland and similar habitats

Hedgerows

Almost all hedgerows are now priority habitat; this recognises their intrinsic biodiversity value, and their value as movement and feeding corridors for wildlife. It is easy to modify management to enhance the biodiversity value.

Semi-natural woodland

The type of woodland in any location depends on the geology, soil type, hydrology, climate and altitude of the site. Local conditions can be such that a woodland can have more than one of these types, and new planting should also reflect this.

Traditional orchards

Scattered traditional orchards and groups of fruit trees help to sustain wildlife links through the landscape of Cumbria. They can also have significant cultural and community value.

Wood-pasture and parkland

Veteran trees and dead wood are essential to the survival of an array of invertebrates, fungi, lichens and mosses, and provide important natural roosting sites for many bat species. Tree replacement for the long-term future is essential.

Other habitats

Open mosaic habitats on previously used land

Post-industrial land can develop an exceptionally diverse range of flora and fauna. This priority habitat is at risk from policies promoting redevelopment on brownfield land.

Rock habitats

These priority habitats support specialised and characteristic flora and fauna. Cumbria has more that one third of the limestone pavement habitat in Britain.


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Appendix 9 – List of Cumbria Species Statements Species statements are provided in a separate document for the following Key Species or species groups: Barn Owl

Barn Owls, their nests and eggs are protected by UK legislation. The greatest threats to Barn Owl populations in Cumbria are loss of suitable nest sites through barn conversions etc, and lack or loss of feeding habitat through agricultural intensification.

Bats Bats and their roosting sites are protected by UK and European legislation. The greatest threat to bats comes from loss of roosts due to demolition, alteration and repair of buildings or structures, felling of trees, and through direct disturbance of breeding and hibernation roosts.

Great Crested Newts

Great Crested Newts and their breeding and foraging habitats are protected by UK and European legislation. The greatest threat to Great Crested Newt in Cumbria is destruction of their ponds and surrounding terrestrial habitat.

Hen Harriers

Hen Harriers, their nests and eggs are protected by UK and European legislation. In Cumbria the greatest planning-related threat to Hen Harriers arises from developments which threaten specific breeding and winter roost locations

Natterjack Toad

Natterjack Toads and their breeding sites are protected by UK and European legislation. Inappropriate or lack of management is currently the greatest threat to the Natterjack Toad at its existing sites in Cumbria.

Otter The Otter, its holts and resting places are protected by UK and European legislation. The greatest threats to Otters come from habitat loss, often associated with watercourse development, road mortality and water pollution, and disturbance.

Red Squirrel

Red Squirrels and their dreys are protected by UK legislation. The greatest threat to Red Squirrels is the spread of the non-native Grey Squirrel which competes for food and carries disease.

Small Blue butterfly

The Small Blue butterfly is particularly vulnerable to the loss of habitat through development of brownfield sites or through scrub encroachment leading to the loss of kidney vetch, its food plant.

Reptiles

Four reptile species are found in Cumbria: Common Lizard, Slow-worm (a legless lizard), Grass Snake and Adder. All are protected by UK legislation. The greatest threats to reptiles in Cumbria are from habitat loss and fragmentation due to unsympathetic management and development.

Water voles

Water Voles and anywhere they use for shelter or resting are protected by UK legislation. The greatest threat to Water Vole populations is through loss of suitable habitat through agricultural intensification and predation by the non-native mink.

Wintering Geese and Swans

Pink-footed Geese, Barnacle Geese and Whooper Swans winter or pass through Cumbria mainly between September and early May. They are protected by UK and European legislation. The greatest threat to these species comes from development that affects their feeding grounds, especially wind farms.


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Index to Appendices 6 and 7

Annex I species .............................................................................................................................................. 30 Annex II species ............................................................................................................................................. 30 Biodiversity Duty, Natural Environment and Rural Communities Act, 2006............................................ 29 Birds Directive ................................................................................................................................................ 29 Circular 6/2005: Biodiversity and Geological Conservation – Statutory Obligations and their Impact within the Planning System..................................................................................................................... 26, 29 Countryside and Rights of Way Act 2000 .................................................................................................... 29 Cumbria Biodiversity Action Plan ................................................................................................................ 28 Cumbria Biodiversity Action Plan species and habitats............................................................................ 28 Cumbria Key Habitats .................................................................................................................................... 28 Cumbria Key Species..................................................................................................................................... 28 Cumbria Local Wildlife Sites (County Wildlife Sites).................................................................................. 32 European Protected Species (animals and plants – not birds) ................................................................. 30 Habitats Directive ........................................................................................................................................... 29 Habitats Regulations 1994............................................................................................................................. 30 Joint Character Areas and Natural Areas .................................................................................................... 32 Limestone Pavement Orders......................................................................................................................... 32 Local Nature Reserve..................................................................................................................................... 32 National Nature Reserve ................................................................................................................................ 31 North West Region Priority Habitat Targets ................................................................................................ 28 North West Regional Geodiversity Action Plan .......................................................................................... 28 PAS 2010: Planning to halt the loss of biodiversity, British Standards Institute, 2006 .......................... 26 Planning for Biodiversity and Geological Conservation: A Guide to Good Practice, March 2006......... 26 Planning Policy Statement 9: Biodiversity and Geological Conservation ............................................... 26 Ramsar Convention........................................................................................................................................ 30 Ramsar site ..................................................................................................................................................... 31 Regional Spatial Strategy Green Infrastructure .......................................................................................... 27 Regional Spatial Strategy Indicative Biodiversity Resource and Opportunity Diagram and Functional Ecological Frameworks (Ecological Networks) .......................................................................................... 27 Regional Spatial Strategy policies................................................................................................................ 26 Regionally Important Geological and Geomorphological Sites (RIGS) .................................................... 32 Site of Special Scientific Interest (SSSI) ...................................................................................................... 31 Special Area of Conservation (SAC) ............................................................................................................ 31 Special Protection Area (SPA) ...................................................................................................................... 31 Species and habitats of principal importance in England ......................................................................... 30 UK Biodiversity Action Plan .......................................................................................................................... 28 UK Biodiversity Action Plan priority species and habitats........................................................................ 28 Validation of Planning Applications ............................................................................................................. 26 Wildlife & Countryside Act 1981 (as amended) ........................................................................................... 29


June 2008 PRODUCED BY THE CUMBRIA BIOLOGICAL · the Regional Spatial Strategy, and the definition...

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