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Final-Adopted Local Plan-Saved Policies July 08 .Qxp

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Final-Adopted Local Plan-Saved Policies July 08 .Qxp Chapter 7 An integrated approach to nature conservation and the countryside 7.1 The natural environment within and surrounding Brighton & Hove is of remarkable quality. Indeed, much of the downland surrounding Brighton & Hove has been designated an Area of Outstanding Natural Beauty (AONB) in recognition of its nationally important landscape quality. In addition to this, the Department for Environment, Food and Rural Affiars (DEFRA) is in the process of considering designating the South Downs as a National Park. It is paramount, therefore, to protect this highly valued landscape and its setting from harm, whilst at the same time ensuring its future management is secured appropriately. It is equally important to ensure that the countryside / downland outside the AONB in Brighton & Hove (which is considered to be of equal quality to that within the AONB), is safeguarded and regard given to its own intrinsic natural beauty. 7.2 The council is committed to conserving rare species and habitats and the rich biological diversity of plants and animals in Brighton & Hove. This contributes to the UK's international obligations as a signatory to the Convention on Biological Diversity at the Rio Earth Summit in 1992. However, the true value of nature conservation also lies in the social, educational and environmental contribution made to the lives of people living nearby. People gain pleasure from nature, with its sights, sounds, smells and seasons. They enjoy the sense of wonder and surprise nature can provide. Health and relaxation are promoted; opportunities for community development, adventure and informal play are created. In short, nature conservation is as much about benefits to local people as it is about promoting biological diversity. 7.3 The council has established a Wildlife Advisory Group, which has made an important contribution to the development of the policies in this Plan. 'Wildlife for People', the council's Wildlife Strategy provides further information on the council's nature conservation commitments. 7.4 The following policies refer to 'nature conservation features' that contribute to maintaining biodiversity and provide important opportunities for local people to have direct contact with nature. They include species and their habitats (including feeding, resting and breeding areas), geology and geomorphology, semi-natural elements of the landscape with particular cultural or historical significance and features which provide links or stepping stones from one habitat to another. P202 7.5 Development proposals affecting nature conservation features should include a nature conservation report which demonstrates how any losses will be ameliorated and how opportunities to enhance the nature conservation value of the site will be taken. The report should provide evidence that the following five-stage approach has been applied: 7.6 Development proposals affecting nature conservation features should include a nature conservation report which demonstrates how any losses will be ameliorated and how opportunities to enhance the nature conservation value of the site will be taken. The report should provide evidence that the following five-stage approach has been applied: Stage 1: Information / Assessment Assess the effects, opportunities and threats of the development on nature 7 conservation features. This may require an ecological survey and reference to previous surveys, where appropriate. The Sussex Biodiversity Record Centre, based at the Sussex Wildlife Trust and the Booth Museum in Dyke Road, are both sources of survey information for such purposes. Stage 2: Avoidance Explain how adverse effects on nature conservation features will be avoided wherever possible. Stage 3: Mitigation Describe how any adverse effects will be minimised. Stage 4: Compensation Where significant adverse effects remain after mitigation, compensatory measures should be described to offset harm. Stage 5: Enhancement Describe what opportunities will be taken to produce new nature conservation benefits. 7.7 The council will publish detailed guidelines on the preparation of nature conservation reports. For some development proposals, Environmental Impact Assessments (EIAs) may be required where significant effects on nature conservation features are likely. 7.8 Habitat creation can be a useful tool for enhancing the nature conservation value of sites. Where opportunities exist for the creation of new habitats, proposals should integrate such habitats into site plans from the outset and, where necessary, make provision for long term aftercare. 7.9 Habitat creation should not be confused with translocation, which is the physical removal of an existing nature conservation feature from one place to another. Translocation cannot avoid a loss of nature conservation value and is not a substitute for in-situ conservation. Where the planning authority considers the importance of the nature conservation features of a site are such that a proposal should not be permitted, translocation (or re-creation) of the respective features will not make the proposal acceptable. However, where a An integrated approach to nature conservation and the countryside proposal is deemed to be acceptable, translocation may be one of those measures required as an option of last resort where nothing would be lost by trying to remove the species or habitat. P203P203 7.10 As a signatory to the Convention on Biological Diversity, the UK is committed to taking action to reverse the decline in the variety of species (the 'biodiversity') found within its borders. National and Local 'action plans' have been drawn up throughout the country to achieve this objective. Action plans have already been published for several habitats and species in Sussex and the council is working in partnership with nature conservation organisations to produce action plans specifically for Brighton & Hove. Where practicable, proposals will be expected to contribute to the achievement of local Biodiversity Action Plan targets. Planning permission will not be granted for proposals that are likely to hinder the achievement of such targets. 7.11 Regard should also be given to the Local Agenda 21 Strategy, the Open Space Strategy which is being prepared and publications relevant to Brighton & Hove from other organisations such as the Sussex Wildlife Trust 7 and English Nature. For example, English Nature's report entitled 'Accessible natural greenspaces in towns and cities: A review of appropriate size and distance criteria'. An integrated approach to nature conservation and the countryside 7.12 The natural environment cannot be compartmentalised, however, as easily as designations may imply. Designations are a useful tool and provide valuable information when balancing environmental, social and economic issues but should not be taken to be the only areas where environmental issues need to be considered. Indeed, the features that have resulted in a site's designation may not be sustained, or will be detrimentally harmed, if they become isolated from the wider natural environment. It is essential, therefore, that environmental issues form part of an integrated approach in order to ensure they are appropriately incorporated within all proposals. 7.13 Enhancements to the environment are just as important as enhancements to social and economic factors. Greater emphasis is being placed on the need for applicants to properly assess and to take account of the impact of their proposals on the environment. In addition to this chapter, the integration of environmental issues is also covered in Chapter 3 'Design, safety and the quality of development'. 7.14 The nature conservation policies in this chapter have particular links with the following policies in this Plan: relating to the countryside / downland; to the Sussex Downs Area of Outstanding Natural Beauty; to the retention and integration of nature conservation features; to species protection; to urban open space; to greenways; to archaeology; and to design. P204 NC1 Sites of international and / or European importance for nature conservation Planning permission will not be granted for a proposal within, or in the setting of, an existing or proposed site of International and / or European importance for nature conservation where it cannot be established that the proposal would not have an adverse effect, directly or indirectly, on the nature conservation value of the site. Exceptions will only be made where: a. there is no alternative solution; and there are imperative reasons of overriding public interest for the proposal e.g. the proposal is essential for reasons of human health and public safety and the 7 following requirements have been met: i. the location, design and construction of the development is such that damage to nature conservation features is minimised and opportunities are taken for nature conservation gain; ii. compensating and equivalent nature conservation features are provided; iii. remaining features are protected and enhanced and provision made for their management; and iv. improvements to public appreciation of and access to the site are provided. Conditions will be imposed or a planning obligation sought in order to secure these requirements. Environmental Impact Assessments (EIAs) will be required to accompany planning applications for development that would be likely to have a significant effect on sites of International and / or European importance for nature conservation. 7.15 There are several international site designations for nature
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