Planning Policy in Wales

How will biodiversity fare with the new TAN 5?

It has been more than ten years since TAN 5 (Technical Advisory Note 5: Nature Conservation and was last reviewed, but in January 2006 the Welsh Assembly published a revised version for consultation. At first glance, with its 35 pages of guidance, the policy document is evidently bigger than its English counterpart, PPS9. But does this bear any significance on the strength of the content?  In the article that follows, Nigel Ajax Lewis, senior conservation officer of the Wildlife Trust for South and West Wales unpicks the content to highlight its strengths and weaknesses.

The references made in the paragraphs below are in relation to draft revised TAN5 :’Nature Conservation and Planning’, which is available from the Wales Assembly Government web site www.wales.gov.uk

Planning: Delivering for Wales was launched in 2002 and is supported by 28 Technical Advisory Notes [TANs]. TANs are reviewed and updated in line with the strategic policy laid down in Planning Policy Wales (Welsh Assembly Government, March 2002), and all TANs should be read in conjunction with this policy. Particularly relevant to TAN 5 is chapter five: Conserving and Improving the Natural Heritage and Coast. This sets out the Assembly Government’s objectives for the natural heritage and the land use planning policies which support these.

The good bits

TAN5 :

makes a very clear link between biodiversity conservation and sustainable development (pages 10, par 1.5.1; 11, par 1.6.1)

recognises the fact that healthy functioning ecosystems support a better quality of life (pages 10, par 1.5.1; 14, par  2.4)

Refers to strengthening the links and delivery pathways between local development plans and national and Local Biodiversity Action Plans (LBAPs) (page 12, par 1.7.4)

Encourages the incorporation of biodiversity action within every appropriate development proposal (page 13, par 2.1)

Makes reference to the delivery of BAPs and LBAPs with the requirement for positive planning for nature conservation (page 13, par 2.1)

Includes a key principle that plan policies and decisions should be based upon up-to-date environmental information (page 13, Par 2.2)

Makes reference to Article 10 of the Habitats Directive and the importance of protecting networks of natural habitats with policies in unitary development plan documents (pages 15, par 3.2.2; 16, par 3.3.2)

Cites the requirement for Supplementary Planning Guidance to provide more detailed guidance of ways the planning system can deliver LBAP objectives and the targets of Habitat Action Plans and Species Action Plans (page 17, par 3.4.2)

Makes reference to the use of Environmental Impact Assessment (pages 18, par 3.5; 22, par 4.4 onwards)

Recognises the role of Local Sites in contributing to biodiversity and geodiversity conservation (page 40, par 5.7 onwards)

The not so good bits

It does not overtly recognise that previously developed sites may have significant biodiversity interest, but this is dealt with in Planning Policy Wales 2002 (par 2.7)

Local Wildlife Sites continue to be called SINCs (Sites of Interest for Nature Conservation), as in Planning Policy Wales, a term supported by ALGE.

The document cites The Wildlife Trusts as organisations that can provide advice to developers during the planning process. In an area that determines more than 20,000 planning applications a year, and an additional unknown number of developments being considered at any time, we do not have the resources to be able to fulfil this role adequately. Which is why, we have developed Local Sites criteria for planning authorities to use in setting up systems. This allows them to run the process under our guidance.

What happens now?

The consultation closed on 21 April 2006, but the final version isn’t likely to be published before late autumn 2006 to take account of the new biodiversity duty in the Natural Environment and Rural Communities Bill. At which point, the existing TAN 5, Nature Conservation and Planning (1996) and Circular 23/2001, Guidance for local planning authorities on European protected species and licensing procedures will be cancelled.

If the publication goes according to schedule, the Annex 8 List of Species and Habitats of Principal Importance for the Conservation of Biological Diversity in Wales will have to be revised as soon as the new list is agreed in 2007 (after the UKBAP review reports). In the meantime, voluntary groups and others are continuing to support the Welsh Assembly’s position, and have only recommended minor changes.

The Wales Environment Strategy

The emerging action plan for the Wales Environment Strategy has two important proposals which will be led by the Wales Biodiversity Partnership, comprising key stakeholders from the public, private and voluntary sectors. These proposals are to develop a practical and concise biodiversity strategy for Wales and to develop standardised guidance for Local Wildlife Sites.

Nigel Ajax Lewis, Senior conservation Officer, Wildlife Trust for South and West Wales

Email: n.ajaxlewis@welshwildlife.org Tel: 01656 724

To view the Tan 5 Document click here