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Generic Action
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3. Species Protection
Introduction
Individual plant and animal species do not exist in isolation
from the habitats in which they live and are often dependent
on a specific habitat. The best way of protecting species
is therefore through habitat protection, and management
of that habitat with regard to species' requirements. These
issues are considered above.
However, species require their own protection to strengthen
their conservation within the legal framework. Rare species
that are vulnerable to extinction and may have a history
of exploitation require special legislation. Not all valued
habitat is protected by any means and, furthermore, mobile
species can spend a good proportion of their lives between
protected sites and wider habitats.
Background to the legislation
Part I of the Wildlife and Countryside Act (1981,
as amended) is foremost among the various pieces of legislation
protecting wild plants and animals in the UK. The Act also
implements several international conventions and directives
in this country (see 'relevant legislation', below). Whilst
wildlife law enforcement is conducted by the Police, English
Nature is the advisory authority for statutorily protected
species and the first point of contact for enquiries.
All of London's wild birds, with the exception of traditionally
hunted and pest species, are protected from killing and
catching, being held in captivity, and the wilful destruction
of their nests. Some uncommon species are also protected
from disturbance at the nest whilst breeding. It is illegal
to uproot any of London's wild plants without the landowner's
permission and, in addition, a few nationally rare species
may not be picked or sold.
Several of London's mammals, reptiles, amphibians and invertebrates
are protected to various degrees. The fullest protection
prevents killing and catching; possession and trade; damage
to their places of shelter and disturbance during occupation
of such places. Partial protection might solely prevent
killing, injuring and trade; or only damage to places of
shelter and disturbance, or in some cases simply trade.
Although the Protection of Badgers Act is primarily
intended as a welfare law, it effectively makes the badger
a fully protected species. Moreover, all species of wild
mammals are protected from cruel mistreatment by the Wild
Mammals (protection) Act.
London's specially protected species
Birds that are specially protected whilst breeding include
kingfisher, hobby, barn owl, little ringed plover and black
redstart. London's more irregular breeders include peregrine
falcon, marsh warbler, Cetti's warbler, firecrest, bearded
tit, avocet and woodlark.
Fully protected animals other than birds include all bat
species, common dormouse, great crested newt and badger.
Partially protected species include the water vole (its
burrows, immediate habitat and disturbance of the animal
whilst in occupation only); common lizard, slow-worm, grass
snake and adder (intentional killing, injuring and trade
only); common frog, common toad, smooth and palmate newts,
chalkhill blue, small blue, purple emperor, brown hairstreak,
white-letter hairstreak and stag beetle (trade only).
Specially protected plants include greater yellow-rattle,
Deptford pink and early gentian. The bluebell is protected
from trade only.
Protected Species in Planning
Planning guidance specifically states that the presence
of protected species and their habitat may be a material
planning consideration in development control (PPG9 paragraph
47, DOE 1994). This includes a great many plants and animals,
as we have seen that a wide variety of species are afforded
some degree of legal protection through legislation. PPG9
also encourages London planning authorities to include specific
policies for protected species in their Unitary Development
Plans.
Species identified as a priority for the national, London,
or individual borough action plans may not necessarily be
afforded statutory protection (for example most invertebrates).
It is appropriate therefore, to bring these priority species
under the same protection in planning as those with legal
protection. The revision of PPG9 should assist this.
Objectives, Actions, Targets
Objective: To ensure that planners, developers and others
are fully aware of and responsive to their responsibilities
in respect of protected species.
Target 1: All Unitary Development Plans to have an appropriate
species protection policy by end of the current round of
UDP reviews. Such policies should go beyond the minimum
requirements of the legislation to reflect good practice
in the conservation of important species.
Action
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Target Date
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Lead
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Other Partners
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Advise on appropriate policy during UDP
review process
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Ongoing
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EN
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GLA, LA.
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Target 2: Provide further guidance notes on key species or species
groups by 2005
Action
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Target Date
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Lead
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Other Partners
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Produce series of guidance notes tailored
to key audiences
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2005
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EN
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LWT, GLA, LBG, LNHS, other
specialist groups.
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Further Reading
DoE (1994). Planning and Policy
Guidance: Nature Conservation (PPG9), HMSO.
English Nature (1998). Species
Conservation Handbook.
Waite, M J (1999). Protected
Species in London. London Ecology Unit.
Relevant legislation
Berne Convention on the Conservation
of European Wildlife and Natural Habitats (1979)
Conservation (Natural Habitats
&c.) Regulations (1994)
(HMSO)
Deer Act, (1991)
European Union Directive on the
Conservation of Natural Habitats and Wild Fauna and Flora, (1992)
European Union Directive on the
Conservation of Wild Birds, (1979)
Protection of Badgers Act,
(1992) (HMSO)
Wild Mammals (protection) Act,
(1996)
Wildlife and Countryside Act,
(1981) (and amendments)
HMSO
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