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5 Protection of the Natural and Built Environment

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European Interests

A.    European “Natura 2000” Conservation Sites

5.1

Sites classified as Special Protection Areas ( SPA) under the Wild Birds Directive and selected as Special Areas of Conservation ( SAC) under the Habitats Directive are intended to form a European Community-wide network of protected areas for those habitats and species which are endangered, vulnerable, rare or otherwise require special attention. Within the Council area these  sites are listed in Appendix 3 and are identified on the Environmental Designations Map.

5.2

In cases where an assessment of the proposal is also required under the Environmental Impact Assessment (Scotland) Regulations 1999, applicants should ensure that the environmental statement prepared in respect of the proposal meets the requirements of both the regulations and the above directives.

Policy ENV 19

Natura 2000 Sites Policy

Development likely to have a significant effect on a Natura 2000 site will be subject to an appropriate assessment. Where an assessment is unable to conclude that a development will not adversely affect the integrity of the site, development will only be permitted where:-

  1. there are no alternative solutions; and

  2. there are imperative reasons of overriding public interest. These can be of a social or economic nature except where the site has been designated for a European priority habitat or species. Consent can only be issued in such cases where the reasons for overriding public interest relate to human health, public safety, beneficial consequences of primary importance for the environment or other reasons subject to the opinion of the European Commission (via Scottish Ministers).

Reasoned Justification

5.3

The Conservation (Natural Habitats) Regulations 1994 place a statutory duty on Councils to meet the requirements of the Habitats Directive. Where a Council concludes that a development proposal is likely to have a significant effect on a Natura 2000 site, then it  must undertake an appropriate assessment of the implications for the conservation interests for which the area has been designated. This need extends to proposed development out with the boundary of the designated area. Guidance on the assessment of proposals is set out in NPPG 14: Natural Heritage and in Scottish Executive Environment Department Circular 6/1995. Policy ENV 4 sets out the Local Plan position for these sites.

B.    European Protected Species

5.4

Out with Natura 2000 Sites certain habitats and species are protected as defined in the following parts of European directives –

  • Habitats and species listed in Annex I, II, IV and V of the EC Habitats Directive; and

  • Habitats of naturally occurring wild birds listed in Annex I of the EC Birds Directive

5.5

The Local Plan is therefore obliged to seek the protection of these habitats and species where ever they occur.  The following policy therefore applies.

Policy ENV 20

European Protected Species

The Council will support the management and maintenance of areas supporting the habitats and species protected by EC Habitats and Birds Directives.  Development proposals that may affect them should give full consideration to the likely impacts on the habitat and species, development will only be permitted where:-

  1. the overall integrity of the conservation interest is unaffected; or

  2. impacts can be mitigated and positive management of the remainder of the habitat can assure its long term conservation value

Reasoned Justification

5.6

The Conservation (Natural Habitats) Regulations 1994 place a statutory duty on Councils to meet the requirements of the Habitats and Birds Directives. Where a Council concludes that a development proposal is likely to have a significant effect on a Natura 2000 site, then it  must undertake an appropriate assessment of the implications for the conservation interests for which the area has been designated. This need extends to proposed development out with the boundary of the designated area. Guidance on the assessment of proposals is set out in NPPG 14: Natural Heritage and in Scottish Executive Environment Department Circular 6/1995. Policy ENV 4 sets out the Local Plan position for these sites.

New Lanark World Heritage Site

5.7

The Council recognises that the World Heritage Site and its setting require specific policy to acknowledge its special environment and historical qualities. The central aim of the policy is to protect the ‘critical heritage capital’ of the World Heritage Site, which are those features which are irreplaceable. For example, listed buildings, skylines and specially designated sites such as SSSIs.

5.8

In determining planning, conservation area and listed building consent applications, and in undertaking its overall responsibilities the Council will give significant weight to the values of the World Heritage Site, which include its setting (buffer zone). Decisions will take account of the aims and objectives of the Management Plan.

Policy ENV 21

New Lanark Development Assessment Policy

In determining planning, conservation area and listed building consent applications within the World Heritage Site and its setting (buffer zone), the Council will not permit development that adversely affects the:

  • historical and topographical character and landscape quality;

  • skylines and views to and from the Site;

  • area’s natural diversity and ecology; and

  • landscape and ecological links with the surrounding areas.

The following criteria will be applied when assessing proposals:

  • Development must preserve, protect and enhance the character, integrity and quality of the New Lanark World Heritage Site and its setting (buffer zone);

  • Development shall be of a design and form which respects the visual envelope of the area and reinforces the essential character of the World Heritage Site and its setting (buffer zone) in its topographical and wider landscape setting;

  • Development shall be of a design quality to reflect and compliment  the character, townscape and form of that part of the World Heritage Site to which it relates and shall respect historic plot patterns, street patterns, layout, building frontages, key views, landmarks and skyline.

  • Design of buildings shall reflect the scale, form, massing, proportions, roofscape, features and details of their context and materials will need to be of an appropriate size, colour and texture to the World Heritage Site and its setting.

  • Development will not be permitted where it will result in the loss of important built or landscape features such as walls, traditional boundary treatments, ancillary buildings, trees or hedgerows.

  • Development shall take full account of the archaeology of the site.

  • Development will not be permitted on open spaces which make a positive contribution to the character of the World Heritage Site and its setting (buffer zone), or which provide important settings for existing buildings and features.

  • Development will not be permitted which leads to the coalescence of the World Heritage Site and the settlement of Lanark.

Proposals must also conform to Policy ENV 23 – Listed Buildings Policy and ENV 24 – Conservation Areas Policy.

Reasoned Justification

5.9

This policy aims to control the quality of new development in the World Heritage Site and its setting ( buffer zone). It is of paramount importance that any future development in the World Heritage Site and its setting ( buffer zone) conserves and reinforces its local distinctiveness and character and is undertaken to a high standard and in accordance with best practice.


Related Policies within Volume I: Development Strategy

In addition to those set out above, the following Environment policies are detailed in Volume I: Development Strategy.

  • ENV 4 – Protection of the Natural and Built Environment

 

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