NATURE CONSERVATION

Nature Conservation Aim

9.1 The key aim of the Local Plan in relation to nature conservation is:

“to safeguard and enhance the distinctive natural environment of the District.”

Nature Conservation Objectives

9.2 To further this aim, the Nature Conservation objectives of the Local Plan are:

Objective 35: Nature Conservation
To safeguard and enhance areas of nature conservation value.

Objective 36: Biodiversity
To safeguard and enhance indigenous biodiversity, and promote the creation of appropriate new habitats.

Objective 37: Wildlife Corridors
To safeguard, enhance and create wildlife corridors.

Introduction

9.3 Wyre Forest District contains a rich and diverse variety of nature conservation interests, including areas of national, county and local importance; protected species; geological and landscape features; and species and areas of importance to biodiversity.

9.4 Legal provisions and other guidance on nature conservation relevant to the planning process, include the European Habitats Directive 92/43; the Wildlife and Countryside Act (1981) as amended by the Countryside and Rights of Way Act (2000); PPG9 (1994); and the Worcestershire County Structure Plan 1996-2011. These provisions and guidance refer to several matters local planning authorities should take into account when considering proposals for development that may affect nature conservation interests, including the following:

- The importance of both designated and undesignated areas for nature conservation, depending on whether they are of international, national, regional or local importance. In this respect, the more important the designation, the more weight should be given to it in considering proposals for development, and the more critical should be the scrutiny of those proposals.

- Features in the landscape, including wildlife corridors and stepping stones.

- Protection of species and habitats under international and national law.

- Conservation and enhancement of biodiversity and geodiversity.

- Use of planning conditions and obligations to help secure implementation of policies.

9.5 The Local Plan seeks to address these issues and to ensure, in accordance with principles of sustainability, the nature conservation interest of the District is perpetuated and wherever feasible, enhanced.

9.6 It should be noted, there are no areas in the District presently designated as being of international importance.

Areas of National Importance

9.7 Areas of national importance to nature conservation, relevant to the District, include the following:

Sites of Special Scientific Interest (SSSIs):
SSSIs are notified by English Nature under Section 28 of the Wildlife and Countryside Act (1981) as amended by the Countryside and Rights of Way Act (2000) and have statutory protection. They are assessed against detailed scientific criteria, may be publicly or privately owned, and English Nature will seek and encourage appropriate management agreements.

National Nature Reserves (NNRs):
NNR's are declared by English Nature under Section 35 of the Wildlife and Countryside Act (1981) as amended by the Countryside and Right of Way Act (2000) and have statutory protection. They are selected on the basis of their national and sometimes international importance, and are managed in agreement with, by or on behalf of English Nature.

Other areas of national importance:
Other areas of national importance to nature conservation include areas that meet the criteria for designation as SSSI's, but which are not so designated. This is because SSSI's represent only a selection of designatable areas. They may also include wildlife corridors, links and stepping stones between nationally important areas; areas supporting statutorily protected species; especially important Special Wildlife Sites; areas of particular importance for biodiversity; and other areas as appropriate. Some of these areas may be a type of area identified under Policies NC.2, NC.3, NC.4 or NC.5 of the Local Plan. In all cases, however, particular regard will be paid to the advice of English Nature and other nature conservation organisations, as appropriate, as to the national importance of such areas, in considering proposals for development.

9.8 Designated areas of national importance to nature conservation that are located within the District, or which straddle the District boundary, include (although not exclusively) the following:

Chaddesley Woods NNR and Feckenham Forest SSSI: A large semi-natural ancient woodland and species-rich unimproved grassland.

Wyre Forest SSSI & NNR: One of the largest and most important ancient woodlands in England, including woodland, scrub, spring-line flushes, streams, grassland and orchards; and incorporating several outlying areas.

Areley Wood SSSI: A large ancient semi-natural woodland.

Devil's Spittleful, Rifle Range, and Hartlebury Common SSSIs: The County's most important lowland heaths, which are a nationally and internationally scarce habitat.

Hurcott and Podmore Pools SSSI: The County's largest alder woodland.

Kinver Edge SSSI: Woodland and heathland.

Puxton Marshes, Stourvale Marshes, and Wilden Marsh and Meadows SSSIs: The County's most important marshlands, adjoining the River Stour.

Bliss Gate Pastures, Browns Close Meadow, Buckeridge Meadow and Showground Meadow SSSIs: Meadows.

Ranters Bank Pastures SSSI: Grassland and traditional orchard.

Eymore Cutting and River Stour Flood Plain SSSIs: Sites of geological interest.

9.9 In view of the national importance of the above areas, it is important they are afforded a corresponding level of protection. In order to minimise the potential for disturbance and other pressure, particularly in relation to sites having biological rather than geological interest, retention and creation of buffer zones will normally be required around such areas. It will be particularly important to minimise disturbance from noise, light and vibration, in relation to sites supporting animals; and from such disturbance plus changes to the hydrology, or pollution, in relation to sites supporting animals or plants.


Grazing Animals Project, Puxton Marsh


Areas of National Importance

Policy NC.1

Proposals for development in or likely to affect an area of national importance to nature conservation will be subject to the most rigorous examination. Development, including temporary uses, that may have an adverse effect, either directly or indirectly, on an existing or proposed Site of Special Scientific Interest, a National Nature Reserve, or any other area of national importance to nature conservation, will not be permitted, unless it can clearly be demonstrated two criteria are met, as follows:

i) there are no reasonable alternative means of meeting the need for the development nationally; and

ii) the reasons for the development outweigh the nature conservation value of the site itself and the need to safeguard the nature conservation value of the national network of such sites.

This will include development outside the boundaries of such areas in instances where changes in the hydrology, or pollution, noise, light, vibration, or any other disturbance could have a material adverse effect. In consequence, it will usually be necessary to retain or create undeveloped, natural, or semi-natural buffer zones adjoining such areas.

 

Note 1: It is important to note that even where planning permission is given for a development that may have an effect on an SSSI, developers must also obtain a Licence from English Nature before works may lawfully commence.

Note 2: Requirements for the provision of an ecological survey and mitigation plan are set out in Policy NC.7 of the Local Plan.

Areas of Regional, County or Local Importance

9.10 Areas of regional, county or local importance to nature conservation, relevant to the District, include the following:

Local Nature Reserves (LNRs):
LNR's are declared by Local Authorities under the National Parks and Access to the Countryside Act (1949) as amended. They are managed for the study, research, and preservation of wildlife or geological features; and may be publicly or privately owned, although in the latter case, the Local Authority must have a legal interest in the land.

Other nature reserves:
Other nature reserves include reserves owned or managed by registered charities, or other organisations, that includes nature conservation as an objective. Examples of such organisations include the Worcestershire Wildlife Trust, the Woodland Trust, the National Trust and Forest Enterprise.


Spennells Valley, Kidderminster

Important arboreta:
Arboreta are landscaped areas that include trees as a particular feature. In some cases they may be of particular importance to nature conservation because of their indigenous species, as environmental educational resources, or to assist in the conservation of species endangered within their own natural range.

Special Wildlife Sites (SWSs):
SWS's are non-statutory areas that have, in the past, been identified by the Worcestershire Wildlife Trust. They may be managed or unmanaged, publicly or privately owned, and are assessed against published criteria. SWSs are considered to be, at least, of County importance; although some may be of national importance. At present, the SWS system is being reviewed by a County Special Wildlife Partnership, comprising statutory and non-statutory organisations and including the Worcestershire Wildlife Trust.

Regionally Important Geological or Geomorphological Sites (RIGs):
RIGs are non-statutory areas identified by a County RIGs Group based at University College, Worcester. They may be managed or unmanaged, publicly or privately owned and are assessed against published criteria. RIGs are considered to be of Regional importance. Survey data on RIGs is currently being compiled and the number of identified sites is expected to increase.

Areas subject to an agreement for the purposes of nature conservation under Section 39 of the Wildlife and Countryside Act (1981) as amended:
Section 39 of the Wildlife and Countryside Act enables Local Authorities to enter into legal agreements with any person having an interest in land, for the purposes of conserving or enhancing the natural beauty or amenity of that land. Such agreements may impose restrictions and obligations as to the carrying out of works, operations and uses on the land; and are enforceable against successors in title to the original covenantor. The County Council has entered into several such agreements.

Other areas of regional, county or local importance to nature conservation:
Other areas of regional, county or local importance to nature conservation may exist that are not included in the above categories. Some of these areas may be identified in the County Grassland Inventory (1995) as updated. They may also include areas subject to a planning obligation for the purposes of nature conservation under Section 106 of the Town and Country Planning Act 1990, as amended; and areas of Public and Private Open Space (including golf courses), Country Parks and allotments. Other relevant areas may include private domestic gardens, small natural or semi-natural areas, roadside verges, and groups of trees.

9.11 In all the above cases, particular regard will be paid to the advice of English Nature; other nature conservation organisations; the Council's own advisors; and other organisations, as appropriate, concerning the importance of these areas, in considering proposals for development.

9.12 Areas of regional, county or local importance to nature conservation located within the District, or that straddle the District boundary, include the following:

Local Nature Reserves (LNRs):

Burlish Top (between Kidderminster and Stourport-on-Severn) & Habberley Valley (to the north-west of Kidderminster) LNRs: Part of the County's most important complex of lowland heaths, which is a nationally and internationally scarce habitat. Habberley Valley also includes woodland and acid grassland.

Blake Marsh, Spennells Valley & Redstone LNRs (Kidderminster & Stourport-on-Severn):Marshlands.

Hurcott Pool and Woods (Kidderminster).

Vicarage Farm Heath/Whittall Drive West (Birchen Coppice Estate, Kidderminster).

Intended LNRs:

Half Crown Wood (Walshes Estate, Stourport-on-Severn).
Mitton Marsh (Timber Lane/River Stour, Stourport-on-Severn).
Moorhall Lane (Stourport-on-Severn riverside).

Other potential LNRs:

Blakedown Valley (Blakedown)
Hoobrook Valley (Kidderminster).

Other nature reserves:

Worcestershire Wildlife Trust:
Betts Reserve (Far Forest).
Bishops Meadow (Wolverley).
Devil's Spittleful (Kidderminster fringe).
Knowle's Coppice (the Wyre Forest).
Wilden Marsh (Stourport-on-Severn).

Woodland Trust:
Verflores Wood (Pound Green).
Wassell Wood (Kidderminster Foreign).

Forest Enterprise:
Wyre Forest Nature Reserve (the Wyre Forest).

Important arboreta:
Arley House (Upper Arley) which is a Registered Park and Garden.
Bodenham (Wolverley).


Wyre Forest Visitor Centre

Special Wildlife Sites:

A network of fifty-eight areas throughout the District, that includes (not exclusively) the following:

River Severn:
A major river and associated floodplain, that bisects the District. Importantly, the River Severn above Stourport-on-Severn and Bewdley, is characterised by shallows and deeps, and consequently supports a particularly rich flora and fauna, including otter (an endangered species) and dragonfly. The absence of man-made weirs and barrages, assists with the retention of this interest.

River Stour:
A tributary of the River Severn, with gradually improving water quality, important wetlands and populations of Water Vole (an endangered species). Significantly, the District Council, Worcestershire Wildlife Trust, Severn-Trent Water and British Waterways, are developing a program to re- establish otters in the Severn and Stour Valleys.

Gladder Brook & Dick Brook, west of Stourport-on-Severn (part also SSSI).
Hoo Brook & Barnett Brook, running from Drayton through Hillpool to Kidderminster.
Hockley Brook & Elmley Brook, running through Chaddesley Corbett.
Churchill & Blakedown stream and pool systems, running through to Kidderminster.
Stanklyn Pool and Captains Pool, to the east of Kidderminster.
Ribbesford Woods, to the south of Bewdley.
Arley Wood and Eymore Wood (part) in the north of the District (part also SSSI).

Regionally Important Geological or Geomorphological Sites:

Bark Hill (Bewdley): Etruria Marl Formation and Upper Coal Measures.
Bewdley Road cutting (Wribbenhall): Bridgnorth Sandstone Formation.
Bewdley Road cutting (Kidderminster): Kidderminster Formation.
Blackstone Rock: River cliffs, Bridgnorth Sandstone and Kidderminster Formations.
Hartlebury Common: Quaternary late glacial and post-glacial wind blown sand.
Hextons Farm Quarry: Keele Formation and Upper Coal Measures.
Worcester Road (Hoobrook ): Wildmoor Sandstone Formation.

9.13 In addition to the above identified RIG's, the Council considers that areas of at least local geological or geomorphological importance exist at various locations, including the following:

Arley Station railway cutting: Upper Coal Measures.
Habberley Valley : Permo-Triassic Sandstones.
Vales Rock (Kingsford): Permo-Triassic Sandstones.
Wilden Lane: river terraces and gravel deposits.

Additional sites will be surveyed and assessed during the next five years.

Section 39 Areas:
One area of grassland located in the west of the District.

9.14 In view of the regional, county or local importance of the above areas, and the potential for some to be of national importance, it is important they are afforded a corresponding level of protection. In order to minimise the potential for disturbance and other pressure, particularly in relation to sites having biological rather than geological interest, retention and creation of buffer zones will normally be required around such areas. It will be particularly important to minimise disturbance from noise, light and vibration, in relation to sites supporting animals; and from such disturbance plus changes to the hydrology, or pollution, in relation to sites supporting animals or plants.


Areas of Regional, County or Local Importance

Policy NC.2

Development, including temporary uses, that may have an adverse effect, either directly or indirectly, on an existing or proposed Local Nature Reserve, other nature reserves, an important arboretum, a Special Wildlife Site, a Regionally Important Geological or Geomorphological Site, an area subject to an agreement for the purposes of nature conservation under Section 39 of the Wildlife and Countryside Act (1981) as amended, or any other area of regional, county or local importance to nature conservation, will not be permitted unless it can clearly be demonstrated two criteria are met, as follows:

i) there are no reasonable alternative means of meeting the need for the development within the region, County or District, as appropriate to the particular level of importance of the site; and

ii) the reasons for the development outweigh the nature conservation value of the site itself, and the need to safeguard the regional, County or District network of such sites.

This will include development outside the boundaries of such areas in instances where changes in the hydrology, or pollution, noise, light, vibration, or any other disturbance could have a material adverse effect. In consequence, it will usually be necessary to retain or create undeveloped, natural or semi-natural, buffer zones adjoining such areas.

Note: Requirements for the provision of an ecological survey and mitigation plan are set out in Policy NC.7.

Wildlife Corridors and Stepping Stones

9.15 The European Habitats Directive 92/43, the Conservation (Natural Habitats) Regulations 1994, and PPG9 (paras.15, 16 & 23) stress the importance of conserving and managing features in the landscape of importance to nature conservation. Such features are those, which because of a linear and continuous structure, or a function as a stepping stone, are necessary for migration, dispersal or genetic exchange, of flora and fauna. They include the following:

Features of linear and continuous structure (Wildlife Corridors), for example watercourses and their banks, and traditional field boundary systems, including hedgerows.

Stepping stones, for example ponds and woodlands.

9.16 Many features in the District that meet the above descriptions are named in the supporting text to other policies in the Nature Conservation and Landscape Sections of the Local Plan. In addition, many areas of Public and Private Open Space (including golf courses), Country Parks, and allotments may constitute corridors and stepping stones of importance to nature conservation. Other relevant features may include the network of private domestic gardens in certain areas, small natural or semi-natural areas, roadside verges, and trees. All such features may occur in urban or rural areas.

9.17 In view of the importance of features in the landscape, it is necessary to afford them a corresponding level of protection and to make provision for their creation, enhancement and management. It will be particularly important to minimise disturbance from noise, light and vibration, in relation to features supporting or used by animals; and from such disturbance plus changes to the hydrology, or pollution, in relation to sites supporting animals or plants.

9.18 Requirements for the provision of an ecological survey and mitigation plan are set out in Policy NC.7 of the Local Plan.


Wildlife Corridors and Stepping Stones

Policy NC.3

Development, including temporary uses, that may have an adverse effect, either directly or indirectly, on a feature in the landscape of value to nature conservation by virtue of its linear or continuous structure, or as a stepping stone, will not be permitted unless the need for the development clearly outweighs the value of the feature to be conserved, including its value as part of a network.

In relation to such features, this will include development that would:

i) impair physical continuity of the feature;

ii) impair efficient functioning of the feature in the movement, colonisation, migration, dispersal or genetic exchange, of flora or fauna;

iii) have an adverse effect on habitat of value within the feature; or

iv) have an adverse effect on a protected species dependent on the use of the affected part of the feature.

This will include development outside the boundaries of such features in instances where changes in the hydrology, or pollution, noise, light, vibration, or any other disturbance could have a material adverse effect.

Where developments are approved, developers will be required to create, enhance and manage such features, wherever feasible and appropriate.

Planning conditions, obligations or management agreements will be used, as appropriate, to secure implementation of this Policy.

 

Protected Species

9.19 International and national law relevant to the protection of species in the District, includes the following:

European Council Habitats Directive 92/43
Wildlife and Countryside Act (1981)
Protection of Badgers Act (1992)

9.20 These statutes provide comprehensive protection to a variety of flora and fauna. Some species are given total protection, whilst others are protected from activities such as killing or sale. Many of the species referred to are commonly encountered during the development process and include (although not exclusively) the following:

-Species protected under the European Habitats Directive:

All species of bats
Dormice
Great Crested Newts
Otter

-Species protected under British law:

Badgers
Birds, including owls and swift
Water Vole

9.21 In relation to species protected under the Habitats Directive, there are three criteria that must be met in order to waive protection. These criteria relate to a "satisfactory alternative" to the development, maintaining the "conservation status of a population", and "imperative reasons of public interest". Particularly careful consideration will be given to these matters in assessing proposals for development.

9.22 It is often assumed that if a development has an effect on a species protected under the Habitats Directive, it is sufficient not to kill that species; and suitable mitigation measures include translocation and provision of alternative homes. In 1999, however, the European Commission notified the U.K. Authorities, they consider the U.K. has failed in its obligations to protect species by the incorrect application of the Directive. The Commission stated that relocating and providing mitigation measures is not an appropriate method of conserving a species. In simple terms, protecting a species can only be achieved by protecting it and its habitat, in situ. If this view is upheld, the Council will need to be particularly vigilant in requiring surveys of land, buildings and structures, where certain protected species may occur; and in considering the appropriateness of mitigation measures. As such, the Council will take a precautionary approach to considering proposals for development that may have an adverse effect on a species protected under European law. In addition, where such an approach is feasible and appropriate in relation to species protected under British law, it will usually be considered preferable to protect such species and their habitat, in situ.

9.23 In view of the international and national importance of certain species of flora and fauna, it is important they are given a corresponding level of protection in the Local Plan. In order to minimise the potential for disturbance and other pressure, retention and creation of buffer zones will normally be required around such species. It will be particularly important to minimise disturbance from noise, light and vibration, in relation to sites supporting or used by animals; and from such disturbance plus changes to the hydrology, or pollution in relation to sites supporting animals or plants.


Protected Species

Policy NC.4

Development, including temporary uses, that may have an adverse effect, either directly or indirectly, on a species protected by European or British law, will not be permitted unless it can be clearly demonstrated three criteria are met, as follows:

i) there are no reasonable alternative means of meeting the need for the development nationally;

ii) the reasons for the development outweigh the protected status of the species and the need to safeguard the national population of the species; and

iii) in the case of species protected under European law, there are no satisfactory alternative means of meeting the need for the development nationally or internationally and; the development is not detrimental to the maintenance of the species population at a favourable conservation status in its natural range; and the development is in the interests of public health or safety, or there are other imperative reasons of overriding public interest.

This policy will apply to areas, buildings and structures that are known, suspected or likely to be used for permanent or intermittent habitation, hibernation, breeding, migration, passage, or foraging, during the day or night, by protected species; as well as to the species themselves. It will include development any distance from such species, areas, buildings and structures, in instances where changes in the hydrology, or pollution, noise, light, vibration, or any other disturbance could have a material adverse effect. In consequence, it will usually be necessary to retain or create undeveloped, natural or semi-natural, buffer zones in the vicinity of such species and their habitats.

Note 1: It is important to note that even if planning permission is given for a development that may have an effect on a species protected under European or British law, developers must also obtain a Licence from the Department for Environment, Food and Rural Affairs, or English Nature, respectively, before development may lawfully commence.

Note 2: Requirements for the provision of an ecological survey and mitigation plan are set out in Policy NC.7 of the Local Plan.

Biodiversity

9.24 Biodiversity is the term used to describe the diversity of living organisms and habitats that occur naturally in a particular place. In 1992, at the United Nations Conference on Environment and Development, the British Government signed the Convention on Biological Diversity, and thus agreed to develop strategies and plans for the conservation and sustainable use of biological resources within the United Kingdom. National priorities for action within the U.K. were subsequently identified in a report "Meeting the Rio Challenge" (1995); and within Worcestershire, local priorities for action were identified in the Endangered Wildlife of Worcestershire: County Red Data Book (1998), and the Biodiversity Action Plan for Worcestershire (1999). The latter is a partnership document, endorsed by the English Nature, Worcestershire Wildlife Trust, the CLA, NFU, RSPB, and local authorities. It identifies key habitats and indigenous species for conservation across the County. A detailed Biodiversity Action Programme for the District will be prepared in due course. In addition, the Wyre Forest and its outliers is recognised by English Nature as a potential Prime Biodiversity Area, a mechanism for promoting nature conservation activity in areas with a particularly high concentration of biological interest.

9.25 The key habitats and species identified for action in the Biodiversity Action Plan for Worcestershire (1999) with examples of relevance to the District, are as follows:

Habitats:

Arable lands, e.g. field margins, hedge banks, natural corners and bird cover.
Traditional orchards, e.g. the plum and cherry orchards within and around the Wyre Forest.
Ancient/Species-rich hedgerows, occurring throughout the District.
Scrub, e.g. the scrub/heath mosaic of Hartlebury Common and Burlish Top.
Woodland, e.g. the Wyre Forest and its outliers; and Chaddesley Woods.
Lowland wood pasture and veteran trees, e.g. the Wyre Forest; and veteran willow pollards of Wilden Marsh and Meadows, and Puxton Marshes.
Wet woodland, e.g. the alder and crack willow woodlands along the River Stour and its tributaries, such as the Blakedown Brook; and the largest single alder woodland in the county, at Hurcott Wood.
Reedbeds, e.g. Hurcott Pool, Puxton Marsh.
Fen and marsh, e.g. the county's largest and most important marshes, at Wilden Marsh; and the smaller Stourvale, Hoo Valley (Spennells), Puxton, Caunsall and Blake Marshes.
Lowland wet grassland, e.g.Wilden and Puxton Marshes in the Stour Valley.
Lowland neutral unimproved hay meadows and neutral pastures, e.g. the neutral grassland within and along the southern edge of the Wyre Forest, and within Chaddesley Woods.
Lowland calcareous grassland.
Lowland dry-acidic grassland, e.g. the sheep's fescue/common bent/heath bedstraw community of the wetter and higher ground around Wyre Forest; and the acid grassland within Devil's Spittleful/Rifle Range and Habberley Valley.
Lowland heathland, e.g. the heath/woodland at Hartlebury Common scrub/heath/woodland at Devil's Spittleful/Rifle Range and Burlish Top, the wood/heath/bracken at Habberley Valley, and the wood/heath at Kinver Edge and Barnett's Hill.
Canals, e.g. the Staffordshire and Worcester Canal, which runs for 13 km through the District.
Open water (ponds and lakes), e.g. the Hurcott-Podmore-Blakedown Pool complex, Stanklyn Pool and Trimpley Reservoir.
Rivers and streams, e.g. the River Severn, which has upland and lowland characteristics, including boulder rapids and gravel beds above Stourport-on- Severn and Bewdley; the River Stour, a tributary of the Severn, having poor but improving water quality; and streams such as Dowles Brook, and the Hurcott-Podmore-Blakedown stream complex.
Important roadside verges, including Roadside Verge Nature Reserves.
Urban and semi-urban areas, e.g. parks, derelict land, allotments, playing fields, churchyards and domestic gardens.

N.B. Woodland, referred to above, may include Ancient woodland, Ancient Semi-Natural Woodland, Plantation Ancient Woodland, and other woodland of nature conservation value.


Hurcott Pool, Kidderminster

Species:

European Otter, e.g. along the River Severn.
Bats, including those in rural buildings.
Water Vole, e.g. the River Stour and its tributaries.
Marsh Warbler (not found in the District).
Nightingale, e.g. Burlish Top, which maybe the north-east edge of its range.
Twaite and Allis Shad, in the River Severn.
Adder, three of the County's five locations being the Wyre Forest, Habberley Valley and Kingsford Country Park. Slow worm, e.g. on allotments, and at Puxton Marsh and the Habberley Valley.
Great Crested Newt, e.g. in ponds.
White-Clawed Crayfish, e.g. in the Wyre Forest streams and Blakedown Brook.
High Brown Fritillary, possibly lost from the Wyre Forest during the 1990's.
Brown Hairstreak Butterfly (not found in the District).
Pearl-bordered and Small Pearl bordered Fritillary Butterflies.
Club-tailed Dragonfly, e.g. along the River Severn, particularly above Bewdley.
Stag Beetle (not found in the District).
Violet click beetle (not found in the District).
Hornet Robberfly, e.g. Hurcott pastures, being the only siting in the County.
Black Poplar, e.g. along the Severn and Stour Valleys.

9.26 Many of the above habitats and species will be protected under policies elsewhere in the Nature Conservation, Landscape, and Leisure, Recreation and Tourism Sections of the Local Plan. In view of the importance of biodiversity, however, and in accordance with advice in the County Structure Plan, it is important to make specific provision in the Local Plan for conserving and enhancing biodiversity, particularly in relation to priority habitats and species. In addition the Council will encourage such measures in relation to all areas, features and species referred to under Policies NC.1 to NC.4, NC.6 and NC.7 of the Local Plan, together with other areas as appropriate. This will apply in urban and rural areas.

9.27 Requirements for the provision of an ecological survey and mitigation plan are set out in Policy NC.7 of the Local Plan.


Biodiversity

Policy NC.5

Development should whenever possible and feasible, retain, enhance, manage and if appropriate reintroduce the District's indigenous biodiversity; and in particular those species and habitats identified as priorities for action in the Biodiversity Action Plan for Worcestershire (1999) as appropriate to the District; or the District's Biodiversity Action Programme.

Developers may be required to demonstrate how their proposals meet this requirement or otherwise why it is not possible, feasible or appropriate, as relevant.

Planning conditions, obligations or management agreements will be used, as appropriate, to secure implementation of this Policy.

 

Landscaping Schemes

9.28 The inclusion and management of landscaping schemes as an integral part of new development can greatly assist nature conservation.

9.29 New landscaping may take a long time to replace features lost, or may never form an adequate substitute. Consequently, where appropriate and feasible, existing features and habitats of value to nature conservation, such as trees, hedgerows, ponds and streams, should be retained. The Council will encourage the use of landscaping to enhance nature conservation value to all areas, features and species referred to under Policies NC.1 to NC.5 and NC.7 of the Local Plan, together with other areas as appropriate. This will apply in urban and rural areas.

9.30 It will generally be preferable that vegetation used in landscaping schemes is composed of native species, i.e. species natural to Great Britain; and preferably to the Midlands and local indigenous species' associations for similar sites. Such species are part of our natural heritage. They not only contribute to the special character of our towns and countryside but also help to provide a rich environment in which other native plants and animals may thrive. Vegetation should be used in compatible combinations, have appropriate structural diversity (for example, with a ground shrub and tree layer) and matched to the characteristics of a site.

9.31 In order to assist with the requirements of this policy, the District Council has produced a leaflet entitled "A Guide to Native Trees of Great Britain". This lists thirty-nine trees native to Great Britain, including thirty-one whose natural range includes the Midlands.

9.32 The Biodiversity Action Plan for Worcestershire (para.1.1) states that Biodiversity not only includes species and habitats, but also the genetic variation within species. Consequently, it may be important to utilise vegetation having a genetic profile similar to indigenous species occurring naturally in the vicinity, so the genetic purity of existing vegetation is not diluted or threatened, or can be strengthened. This will include landscaping within, adjoining or close to areas, features and species of nature conservation importance referred to under Policies NC.1 to NC.5 of the Local Plan. For some vegetation, it will be desirable to utilise stock of local genetic provenance, regardless of the location. In this respect, for example, the former Nature Conservancy Council issued advice in a leaflet entitled "Native Trees and Shrubs for Wildlife in the United Kingdom" indicating the desirability that seven species of trees native to the Midlands should be taken from indigenous stock, particularly where several trees are to be planted. These trees are Black Poplar, Midland Hawthorn, Small Leafed Lime and Large Leafed Lime, and to a lessor extent Crack, Goat and White Willow. Other species of tree where it may be desirable to use locally indigenous stock but for special rather than general plantings include Wild Service Tree and True Service Tree.

9.33 Careful consideration will be given to the advice of English Nature or other appropriate nature conservation organisations, concerning the appropriateness of genetically matching vegetation, and the source of such vegetation including opportunities to utilise seeds or other material from the wild.

9.34 Exotic species and in some circumstances certain native species (such as reedmace) should normally be avoided in landscaping schemes, as they may out-compete or inhibit native species, or otherwise reduce the nature conservation value of the areas they colonise.

9.35 Vegetation used in landscaping schemes invariably requires short and long-term management, and appropriate measures should be put into place to secure such provision.


Landscaping Schemes

Policy NC.6

Development should include landscaping schemes that retain existing natural and semi-natural features of value to nature conservation, such as ponds, hedgerows, trees, other vegetation, watercourses (including their soft edges) and soft surfaces; and wherever feasible, manage, enhance or recreate features of value to nature conservation, appropriate to the site and vicinity.

Vegetation used in landscaping schemes should be as follows:

i) primarily composed of species native to the Midlands and in particular, the District;

ii) reflect, restore or recreate, equivalent naturally occurring local indigenous species associations and habitats appropriate to the vicinity;

iii) planted in compatible combinations and are appropriately structured;

iv) of genetic stock similar to local indigenous species occurring in the wild, as far as is practical and appropriate; and

v) appropriately managed.

The use of vegetation in landscaping schemes that may have an adverse effect on local indigenous flora or fauna will not be permitted. This will include vegetation that could be expected to spread beyond its initial place of planting and out-compete native species; and vegetation that, when planted close to native species, may reduce their likelihood of survival or vigour.

Developers may be required to demonstrate how their proposals meet the requirements of this Policy or otherwise why it is not feasible.

Planning conditions or obligations will be used, as appropriate, to secure implementation of this Policy.

 

Note: Issues relating to landscaping are dealt with in Policy D.11 of the Local Plan.

Ecological Surveys and Mitigation Plans

9.36 It is important that planning applications are accompanied by information of sufficient scope and detail to enable proper consideration to be given to proposals for development that may have an effect on an area, feature or species of importance to nature conservation. The latter will include a site, building or structure that is known, suspected or likely to hold a protected species. Relevant information will usually include an ecological survey and mitigation plan.

9.37 Ecological surveys should be carried out by accredited professionals and to appropriately recognised standards. All surveys should:

i) Be of sufficient detail, and undertaken during appropriate seasons and at appropriate times of the day or night, to ensure they record all relevant features of nature conservation interest, and other relevant features. This may necessitate undertaking a survey several months before a planning application is submitted.
ii) List all species, giving their names in Latin and English.
iii) State which species are protected under European or British law.
iv) State which species and are identified for action in the Biodiversity Action Plan for Worcestershire and the District Biodiversity Action Programme.
v) List all habitats (including watercourses) and their species structures.
vi) State which habitats are identified for action in the Biodiversity Action Plan for Worcestershire and the District Biodiversity Action Programme.
vii) Describe other relevant characteristics, such as soil types, topography and exposure.
viii) Include a clear description of the effects a proposal would have on the nature conservation interest in the short, medium and long-term.
ix) Identify the above on detailed maps, as appropriate.

9.38 If the investigation of any issue might reveal something of such magnitude as to otherwise alter the balance of material considerations when determining an application, such issues will normally be dealt with by condition. For example, the requirement to undertake an ecological survey that could lead to the discovery of a protected species on a site proposed for development will not be left to a condition.

9.39 Mitigation plans and habitat management plans should include proposals to minimizeany adverse effects on nature conservation interests. They should provide for the protection, enhancement and management of the area affected and the remainder of the area; and the provision and management of compensatory land in the vicinity, if habitat is to be lost or adversly affected. They should include measures to protect and retain species' and their habitat, in situ; particulary in relation to those species protected under European law, and where feasible, species protected under British law. They should also make provision for relocation and habitation of species, as appropriate;and the relocation of other material, such as topsoil and vegetation. Other measures should include provision for the continued natural movement of biological material, for example, via installation of passage tunnels and the creation or enhancement of links to other areas; and other measures as appropriate to maintain population levels.


Ecological Surveys and Mitigation Plans

Policy NC.7

Where development is proposed that may or be suspected to affect an area, feature or species referred to under Policies NC1 to NC.5 of the Local Plan, planning applications must be accompanied by the following:-

i) a detailed ecological survey undertaken at an appropriate time, and other surveys as appropriate; and

ii) a mitigation plan, that includes measures where appropriate, as follows:

a) to minimise the adverse effect;

b) to make provision for the protection, and where desirable, the enhancement and management of the remainder of the site;

c) the provision, enhancement and management of compensatory land;

d) to facilitate the protection and survival of individual members of species protected under European law and their habitat, in situ; or in the case of species protected under British law, where this is not feasible, to provide adequate alternative habitat in the vicinity, and relocation;

e) to relocate other material of importance to nature conservation;

f) to assist with habitation, including the provision of nesting boxes, lofts, dens, holts and setts, and appropriate ground preparation;

g) to facilitate natural movement of species via installation of features such as passage tunnels, and creation of links to other areas;

h) in accordance with Policies NC.5 and NC.6 of the Local Plan; and

i) to maintain balanced and viable communities of flora and fauna.

Planning conditions or obligations will be used, as appropriate, to secure implementation of this Policy.

 

Public Access

9.40 Areas of value to nature conservation can also be of vaue for the public use, particularly for environmentally orientated educational purposes, for example, as part of the GCSE syllabus; and for certain types of recreation, for example, bird watching. Where such activities are compatible with the nature conservation interest and feasible, appropriate provision should be made for the public to have access to such areas, including the provision of site interpretation boards. Such access will usually be for the purposes of quiet enjoyment or study anf may necessitate provision of guided trails, and sensitively located and designed interpretation boards, as appropriate.


Hurcott Woods, Kidderminster


Public Access

Policy NC.8

Development incorporating, creating or enhancing, any area, species or feature, as identified in Policies NC.1 to NC.6 should, wherever feasible and appropriate, make adequate and suitable provision for public access to those features (including disabled access and limited disabled car parking space nearby), where this is achievable without detriment to the nature conservation interest.

Note: Some areas, features species and habitats, referred to in the Nature Conservation Section, are relevant to more than one Policy in the Local Plan. In such cases, careful consideration will be given to the individual importance attached to such areas, features species or habitats by virtue of falling under more than one Policy. For example, if an area is an SSSI, an LNR and a County Park, it may have scientific, educational and recreational interest and value. All may be important issues in considering proposals for development, and may cumulatively add to the weight given to protecting such an area.