Light at the Wrong End of the Tunnel
Mike Oxford Project Officer Association of Local Government Ecologists
Somewhere only we know From ‘the Bear & the Hare’ John Lewis Christmas 2013 TV Advert
Light at the Wrong End of the Tunnel
10 Years ! Where are we now ?
Light at the Wrong End of the Tunnel
Where Could We Shine The Light Shine In The Future?
Ecological reports – that are fit for purpose
Changes in Permitted Development for Agric. Buildings
The Implications of the Crime and Disorder Act !
Natural England – Low Impact Class Licences
Mechanisms to achieve our aims – what are the alternatives?
Ecological roles – are we covering all the bases ?
Monitoring the outcome of our work
CIEEM Publishing
ETHICS FOR THE NATURAL ENVIRONMENT CIEEM Member
Deontology
Consequentialism
Does the ‘means’ justify the ‘end’ ? or Does the ‘end’ justify the ‘means’ ?
Restoring Biodiversity in Old Buildings After Modernisation
cological Reports – Fit for Purpose
New PGS 9 Ecological Report Writing
D different types of reports for different purposes e.g. EcIA, PEA, etc
Stress need to be ‘fit for purpose’
Templates to guide content and structure
___________________________________________________________ STATUTORY INSTRUMENTS _________________________________________________________________________________________
1994 No 2716 Wildlife Countryside
The Conservation (Natural Habitats, &c.) Regulations 1994
Process
Outcomes
Permitted Development !
Agricultural Buildings to Residential
ovt. has relaxed permitted development rights so that conversion of gricultural buildings (i.e. barn conversions) are deemed as permitted
Permitted Development
aragraph MB.2 states that the change of use under Class MB(a) is permitted subject to the condition that before beginning the development, the developer shall apply to the local planning authority or a determination as to whether the prior approval of the authority will be required as to— (a) transport and highways impacts of the development, (b) noise impacts of the development, (c) ontamination risks on the site, (d) flooding risks on the site, or (e) whether the location or siting of the building makes it otherwise mpractical or undesirable for the building to change from agricultural use to a use falling within Class C3 (dwellinghouses),
Permitted Development
so paragraph N(8)(b) was amended in April 2014 by SI 2014 No. 564 o insert the following:
8) The local planning authority shall, when determining an application ...
b) have regard to the National Planning Policy Framework issued by he Department for Communities and Local Government in March 2012, so far as relevant to the subject matter of the prior approval, as f the application were a planning application ...”
Permitted Development
t has been argued that the purpose of the above amendment was:
o reinforce the idea that the Council, when deciding whether to grant or refuse prior approval, is only allowed to assess the issues that are pecifically set out by the relevant Class.
o for agricultural buildings this would be the issues set out by condition MB.2 (i.e. transport and highways impacts, noise impacts, ontamination risks, etc).
Permitted Development
An LPA therefore appears constrained in its consideration of the prior pproval application to the criteria listed in the relevant class in Part 3 in this case, paragraph MB2).
OR IS IT?
Permitted Development
Can the need to protect bats or other protected species be a material consideration in the determination of a prior approval application under Class MB? Can pre‐commencement conditions relating to ecological surveys and protection measures be attached to a notice of prior approval under Class MB?
Permitted Development
e of the limitations and conditions of any of the Classes of Part 3 s to ecological impacts.
hermore, although article 3(1) of the GPDO refers to planning mission being granted “Subject to ... Regulations to 76 of ervation of Habitats and Species Regulations 2010”, these ations only relate to a designated “European site” or a “European ore marine site”.
Permitted Development
owever DCLG state:
All changes under permitted development are required to meet necessary habitats and environmental legislation and regulations.”
ection 40 of the Natural Environment and Rural Communities Act 2006 NERC) requires all public bodies to have regard to biodiversity onservation when carrying out their functions.
n the exercise of its functions the Council is also required to have egard to the requirements of The Conservation of Habitats and Species
Permitted Development
The GPDO as amended sets out at Paragraph N of Part 3 of Schedule 2:
7) The local planning authority may require the developer to ubmit such information as the authority may reasonably require n order to determine the application, which may include—
a) assessments of impacts or risks; . b) statements setting out how impacts or risks are to be mitigated; or .
Permitted Development
e case of Class MB the criteria that the LPA must take into account more wide‐ranging than they are under certain other classes.
rticular, these criteria include consideration as to whether the ion or siting of the building makes it impractical for any other reason des the others that are listed) or undesirable for the building to ge from agricultural use to residential use.
seems potentially to introduce all sorts of other factors that might ably militate against the residential conversion of the building.
Permitted Development
he implications for protected species should be considered as impacts or risks”.
rior approval applications are required to be determined with regard o the requirements of the NPPF.
his requires decisions to be taken with regard to protected species. ouncils should therefore require a prior approval application to be ccompanied by an assessment of the potential impact upon
Wildlife Crime !
Between 2006 and 2009 Five successful prosecutions out of 288 incidents 2% conviction rate
Crime and Disorder Act 1997
me and Disorder Act 1998 ‐ Section 17
y to consider crime and disorder implications
1) Without prejudice to any other obligation imposed on it, it shall be he duty of each authority to which this section applies to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area.
Condition or EPS Licence ?
ould and, if so, how can LPAs use conditions to prevent wildlife crime?
More of that later when we look at the Dorset Protocol
Natural England Low Impact Class (EPS) Licences
plies to: seven common(ish) species of bats; Low risk proposals;
Enables ‘registered’ consultants to ‘slip stream’ the process; Reduced paper work and delay (e.g.10 days instead of 30 days)
What Other Mechanisms ?
Approved Documents
Approved Documents A B C F H E N P L
Structural safety Fire safety Resistance to contaminants and moisture Ventilation Drainage and waste disposal Resistance to sound Glazing Electrical safety Conservation of fuel and power
Part 6 of the Building Regulations Covers Energy Efficiency
building is extended or renovated, the energy efficiency of e existing building or part of it may need to be upgraded.
r example: Loft insulation Double glazing Cavity wall insulation
Approved Documents
Approved Documents
Regulation 7 of the Building Act
ulation 7 stipulates that building work shall be carried out with quate and proper materials which: are appropriate for the circumstances in which they are used; are adequately mixed or prepared; are applied, used or fixed so as to adequately perform the function for which they are designed, and;
How do we translate ‘Approved Documents’ into to detailed specifications and method statements on site ?
British Standards for Construction
tish Standards for Biodiversity in Construction
sing British Standards for Wildlife in Buildings Bird and Bat Boxes Green Walls Green Roofs
uld we use British Standards to streamline the EPS licensing process ?
Benefits
Government approved approach (that doesn’t hold up the planning ystem!)
Detailed robust peer reviewed specifications and method statements
Documents that will be familiar to and readily used by: - architects - building control officers - building contractors
Building control officers will (should) be able to inspect quality against clear standards and take enforcement action where necessary
Reality Check !!
More Building Control Officers ? with Greater Ecological Expertise ?
So what’s still missing ?
Specialist expertise on site !
Traditional Clerk of Works
nstructed by the architect and acts as his/her representative on site
Formal role and recognised and authorised through the JCT standard building contract
s able to inspect quality of works and can
Ecological Clerk of Works
CoW contractor/operator
CoW Advisor/ Supervisor (CDM Regulations ?)
CoW Inspector (no contractual authority)
Ecological Surveyor
Ecological Clerk of Works
M.Sc or Phd Thesis ? hat proportion of time and effort goes into: Ecological surveys Impact assessment Design of truly effective mitigation Report writing Decision‐making and scrutiny of applications Appropriate planning conditions Comprehensive delivery of ecological works on site
y guess …!
Ecological surveys Impact assessment Design of truly effective mitigation
Report writing Decision‐making and scrutiny of applications (e.g LPAs and SNCOs) Appropriate planning conditions Comprehensive delivery of ecological works on site Enforcement action
t what should be the consequence of all of this ?
Ecological surveys Impact assessment Design of truly effective mitigation Report writing Decision‐making and scrutiny of applications Appropriate planning conditions Comprehensive delivery of ecological works on site Enforcement action
The Role of Decision‐makers ucial role: Ecological surveys Impact assessment Design of truly effective mitigation Report writing
Decision‐making and scrutiny of applications Appropriate planning conditions Comprehensive delivery of ecological works on site
Compliance & Enforcement action Collate monitoring results – report for yr 2020
Somewhere only we know From ‘the Bear & the Hare’ John Lewis Christmas 2013 TV Advert
The advertising campaign cost £7 million
400 local planning authorities in England
35% have an ecologist
260 (65%) authorities don’t have an ecologist
£27,000 is average salary in UK
260 x £27K = £7,020,000
Based on adequate scrutiny
Based on an outcome focus
The Profession’s Skill Set
hift towards new skills required:
Ecological Clerk of Works – inspecting quality of estoration works ft in how we apply current skill sets:
Less emphasis on ecological surveys Much more emphasis on ecological monitoring
idence base before impacts
Evidence base to show our success
nding Light at the Right End of the Tunnel
e need to:
avoid tunnel vision !
ind new innovative ways of achieving the same ends
explore other mechanisms that can be used to achieve the same purpose
Conclusions
unding within the public sector for biodiversity conservation is decreasing even though ery modest expenditure would arguably create huge benefits.
We can therefore assume that the quality and quantity of scrutiny will diminish within the lanning system i.e. the planning system cannot be relied upon to deliver desired utcomes.
We need to explore what other mechanisms and what other partnerships might achieve he same or better outcomes.
Deontology – process - This government is clearly not happy with the way the nvironmental sector use the current system/process – perhaps it is time to reconsider ur options.
Put aside tunnel vision (e.g. our current focus on surveys, reports etcrprepared before lanning consent) and consider whether the light at the other end of the tunnel (e.g. mplementation and effectiveness monitoring) may be brighter.
Aware of Inadvertent Consequences !
hat’s at the wrong end of the tunnel ?
Thanks for your ear ..... michaeloxford@btinternet.com
Planning for Protected Species