Nature Conservation

337. Hampshire is rich in wildlife habitats. The important habitats include the New Forest, the inter-tidal mud-flats, ancient woodland, heathland, river valleys, downland and other agriculturally unimproved grassland. In addition, there are other habitats and features of nature conservation interest, including many woodlands, various types of semi-agriculturally improved grasslands, ponds, hedgerows and waterside habitats. Wildlife habitats and features are not confined to the countryside, but are also contained within urban areas. Here they are particularly valuable.

338. The nature conservation policies have three components:

· protecting important habitats and natural features which are effectively irreplaceable;

· maintaining the overall quality of the natural environment, where necessary, by replacement or substitution of habitats or features; and

· enhancing the natural environment when and where opportunities appear.

E10 Development which is likely to harm the nature conservation interest of Special Protection Areas, Special Areas of Conservation, Ramsar Sites, Sites of Special Scientific Interest, or National Nature Reserves will not be permitted, unless the need for development is shown to outweigh the adverse impact, taking into account the protection given to the designation concerned in legislation or government guidance.

E11 Development which is likely to have an adverse impact on Sites of Importance for Nature Conservation will not be permitted unless the local planning authorities are satisfied that the need for the development outweighs that impact. Where development is permitted, the local planning authorities will need to be satisfied that sufficient provision is made to minimise the damage and provide appropriate compensatory measures.

339. These two policies protect those sites which are of particular importance for nature conservation and which are effectively irreplaceable. For example some habitats such as ancient semi-natural woodland, once lost, are gone forever.

340. Only in exceptional circumstances will development which adversely affects these sites be permitted. Full account will be taken of the relevant government guidance when arriving at a decision. For example, legislation gives particular protection to Special Protection Areas (SPAs) and Special Areas of Conservation (SACs). The Habitat Regulations make it clear that where development is likely to significantly affect the integrity of a Special Protection Area or Special Area of Conservation, development may only be permitted if there are no alternative solutions and there are reasons of overriding public interest, including those of a social or economic nature. In the case of SPAs and SACs which support a `priority' habitat or species, planning permission may only be granted if the development can be justified on the grounds of human health, public safety or beneficial consequences of primary importance to the environment. Special Protection Areas and Special Areas of Conservation are statutory designations and are of European importance. Ramsar Sites are wetland sites of international importance for which there is a national policy for protection. Sites of Special Scientific Interest and National Nature Reserves are designated under national legislation.

341. Sites of Importance for Nature Conservation (SINCs) are sites of particular importance within Hampshire which are being identified in accordance with criteria jointly agreed by Hampshire County Council, English Nature and the Hampshire Wildlife Trust. Sites meeting the criteria, which are not already statutorily designated, will be identified as SINCs in local plans. The agreed criteria for the identification of SINCS are set out in Criteria for Identifying Sites of Importance for Nature Conservation (SINCS) in Hampshire published in association with this Plan.

342. In addition to the protection of important habitats and features, it is also important to protect specific species that are vulnerable to land-use change or which are particularly rare. In some circumstances, protected species such as bats, badgers and some bird species may occur in locations which otherwise have very little conservation interest. In determining proposals for development, local authorities will take account of the relevant legislation on protected species.

E12 Development in accordance with other policies in this plan which would have an adverse effect on habitats and features of nature conservation interest other than those included under Policies E10 and E11 will be permitted provided that the local planning authorities are satisfied that sufficient provision is made to offset the effects, including replacement or substitution of the habitats or features lost and conservation of ecological networks.

343. As well as the designated sites listed in Policy E10 and Policy E11, there are numerous other sites and features of nature conservation interest in Hampshire. Examples include some woodlands, various types of grassland, hedgerows and water habitats. Wherever possible the natural environment should be retained undiminished. Where loss or damage is unavoidable, this should be compensated for by replacement or substitution of habitats or features, through the use of planning conditions or management agreements.

344. These sites are not simply important in their own right, many form part of a wider ecological network or area which, because of its structure, is essential for migration, dispersal and genetic exchange. The integrity of such networks or areas will be considered in determining development proposals which may affect them.

E13 When granting permission for development, local planning authorities will consider the opportunity to create or improve habitats and features of nature conservation interest.

345. Where development is within or adjacent to habitats or features of nature conservation interest, there may be opportunities to enhance this interest through conditions attached to permissions or the negotiation of management agreements. In some cases where there is little or no existing nature conservation interest, development may offer the opportunity to provide such interest. This is particularly important in localities where natural features are less common.