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Cardiff Council Cyngor Caerdydd Council CARDIFF COUNCIL CYNGOR CAERDYDD COUNCIL: 21 OCTOBER 2010 EXECUTIVE PROPOSAL AGENDA ITEM: AMENDMENT TO BIODIVERSITY SUPPLEMENTARY PLANNING GUIDANCE Reason for this Report 1. To seek approval of the 2006, 2007, 2008 and 2009 annual reviews of the Sites of Importance for Nature Conservation (SINC) inventory as a basis for amendments to the Biodiversity Supplementary Planning Guidance Part 2: The Cardiff Resource (Biodiversity SPG Pt.2). Background 2. Section 5.3.11 of Planning Policy Wales 2002 refers to non-statutory designations of Sites of Interest for Nature Conservation. It states:- “Local planning authorities should apply these designations to areas of substantive conservation value where there is good reason to believe that normal planning policies cannot provide the necessary protection.” According to Biodiversity Supplementary Planning Guidance Part 1: Policy Guidance (Biodiversity SPG Pt.1), the name adopted for these sites in Cardiff is Sites of Importance for Nature Conservation (SINC). 3. SINCs in Cardiff are listed in Biodiversity SPG Pt.2. Issues 4. In accordance with section 1.4.22 of Biodiversity SPG Pt.1, all SINCs will be reviewed at least every 10 years. The review will consider new sites and modifications to the boundaries of existing sites, i.e “Sites will be reviewed regularly to ensure that the designations remain accurate, up to date and defensible within the planning system. All sites will be reviewed at least every ten years, with at least 10% of sites reviewed each year” Page 1 of 3 5. The primary purpose of identifying SINCs is to bring recognition to habitats and features of at least local nature conservation importance. Cardiff Council’s policy of identifying SINCs is consistent with Planning Policy Wales 2002 and is in line with the approach adopted by numerous Local Authorities in the preparation of their development plans and nature conservation strategies. 6. The new Guidelines for the Selection of Wildlife Sites in South Wales was published in August 2004. These regional selection criteria have been further refined, in consultation with the Cardiff Biodiversity Partnership, to reflect local priorities and features of interest. Identification of SINC sites is achieved through the application of SINC selection criteria to a systematic assessment of the City’s nature conservation resource. 7. In accordance with Section 2.1.3 of Biodiversity SPG Pt.2, the list of SINCs contained within the Biodiversity SPG will be updated following each review identified above i.e. “It is envisaged that Part 2 will be updated as necessary, to reflect any changes in international and national nature conservation designations, regular reviews of local designations and/or changes to national and local biodiversity priorities and action plans” 8. Since the Biodiversity SPG was adopted in 2006, the 2006 – 2009 review has surveyed 74 SINCs. The area of SINCs designated has increased by 227.35ha to a total of 1591.5ha. The number of SINCs designated has increased by 37 to a total of 176 SINCs. Consultation 9. The amendment was subject to a 4-week public consultation from 21 May to 18 June 2010. No responses were received. Reasons for Recommendations 10. To formalise the modifications recommended in the annual review of SINCs in order to maintain an up to date baseline of designated sites in Cardiff. Legal Implications 11. The adopted development plan the City of Cardiff Local Plan (adopted January 1996) contains policies and proposals which provide the basis for deciding planning applications. The policies in the adopted development plan have special status under Section 54A of the Town and Country Planning Act 1990 (“the 1990 Act”) which means that planning decisions must be taken by the council’s planning authority in accordance with it unless material considerations indicate otherwise. Page 2 of 3 12. Whilst the development plan contains policies and proposals which provide the basis for deciding planning applications supplementary planning guidance (“SPG”) can be used as a means of setting out more detailed guidance on the away in which those policies will be applied in particular circumstances or areas. An SPG may be taken into account by the Local Planning Authority as a material consideration when determining a planning application. 13. In order for an SPG to be given as much weight as possible as a material consideration it must be formulated, prepared and adopted in the proper manner. An SPG must therefore conform to the requirements mentioned above. 14. All decisions taken by or on behalf of the Council must (a) be within the legal power of the Council; (b) comply with the procedural requirements imposed by law; (c) be within the powers of the body or person exercising powers on behalf of the Council; (d) be undertaken in accordance with the procedural requirements imposed by the Council e.g. standing orders and financial regulations; (e) be fully and properly informed; (f) be properly motivated; (g) be taken having regard to the Council’s fiduciary duty to its taxpayers; and (h) be reasonable and proper in all the circumstances. Financial Implications 15. No direct financial implications are expected to arise from the implementation of the recommendation for this report. RECOMMENDATION Council is recommended to approve the amendments to the Biodiversity SPG Part 2 (attached as Appendix 1) THE EXECUTIVE 7 October 2010 The following Appendix is attached:- Appendix 1: Supplementary Planning Guidance (Biodiversity) Part 2: The Cardiff Resource (2010 Amendment). Appendix 2: Map of Sites of Importance for Nature Conservation (SINCs) 2010 Page 3 of 3 Appendix 1 Supplementary Planning Guidance Biodiversity Part 2: The Cardiff Resource (2010 Amendment) Previously Approved by Council 22 June 2006, this version is the 2010 Amendment which includes the SINC reviews for 2006, 2007, 2008 and 2009, consisting of new SINCs and boundary alterations. 1. Background to the SINC review The primary purpose of identifying SINCs is to bring recognition to habitats and features of at least local nature conservation importance. SINCs in Cardiff are listed in Biodiversity Supplementary Planning Guidance Part 2: The Cardiff Resource (Biodiversity SPG Pt.2) adopted in 2006. The identification of SINC sites is achieved through the application of SINC selection criteria to a systematic assessment of the City’s nature conservation resource. All previous SINC sites will remain as SINCs until reviewed, and the relevant policies on SINCs will apply to those identified in the most recent annual review. All SINCs will be reviewed at least every 10 years, with some sites, which are subject to succession or management being reviewed more frequently. The review will consider new sites and modifications to the boundaries of existing sites. The process of reviewing the SINCs using the new selection criteria began in 2004. 2. The 2006 - 2009 SINC Review 2.1 Existing SINCs Reviewed A total of 74 SINC sites were reviewed between 2006 and 2009. Each SINC site is surveyed and then assessed against regionally agreed selection criteria. A decision is then made as to whether the site qualifies for SINC status under these criteria. 2.2 Area of SINCs The review process results in some existing SINCs changing in area with some net losses and some net gains. Additionally new sites may be added to the SINC list as additional survey work is undertaken identifying features of importance for nature conservation. For example in 2009, the analysis of the Cardiff Grassland Survey Phase 3 resulted new areas being identified as SINCs due to their importance as neutral or marshy grasslands. The change in SINC area for the last 4 years is summarised in Table 1 below: Table 1: Summary of Changes in SINC area over last 4 years. 2006 2007 2008 2009 Total Total SINC areas lost -2.61 -1.82 -0.47 -1.99 -6.89 (ha) Total SINC areas gained +29.82 +19.83 +64.55 +120.04 +234.24 (ha) Total SINC area net +27.21 +18.01 +64.08 +118.05 +227.35 change Total area of SINCs 1391.36 1409.37 1473.45 1591.5 after the review (ha) Page 1 of 8 The total SINC area in June 2006 was 1364.15ha and this had increased to 1591.5 by 2009, a total increase of 227.35ha. 2.3 Total number of SINCs As a result of the review process, the total number of SINCs may change. The results of the last 4 years are summarised in Table 2 below. Table 2: Summary of change in number of SINCs over last 4 years 2006 2007 2008 2009 Total Number of SINCs lost 0 7 0 0 7 (merged) Number of SINCs added 4 2 6 32* 44 Net change in number of +4 -5 +6 +32 37 SINC Total number of SINCs 143 138 144 176 following review * Includes increase of 11 SINCs due to sub-division of existing SINCs. The rest of the increase due to additional Neutral and Marshy Grassland SINCs. The total number of SINCs in June 2006 was 139 and this has increased to 176 by 2009 a total net gain of 37. 2.4 2006 – 2009 SINC Review Summary Following the 2006 - 2009 review there are a total of 176 SINCs covering an area of 1591.5ha. Table 3 below is the updated list of SINCs (2009). Table 3: Updated SINC list following 2006 - 2009 Review SINC Name Ward Area Grid Year (Ha) Reference created or last reviewed Afon Clun Pentyrch 0.27 ST071826 2008 Airshaft No. 4 Spoil Tip Lisvane 0.19 ST177848 2009 Beach Sidings Butetown 2.90 ST205740 1995 Blackweir & Dock Feeder Cathays 17.73 ST171776 2007 Blaen Buellai Complex Pentyrch 40.37 ST104827 1997, Boundary adjusted December 2006 Blaengwynlais Quarry Fields Whitchurch/Tongwynlais 6.51 ST144843 2008 Briwnant Footpath Field
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