UK designations • European & International Designations

European & International Designations

International conventions and directives have a key role in the maintenance of species and habitats over a large geographical area. This is essential for migratory species where all habitats utilised over their annual cycle need to be maintained to safeguard their future.

• Special Protection Areas (SPAs)
• Special Areas of Conservation (SACs)
• Plans and Projects in SPA’s and SAC’s
• International Designations
• Other Designations

Two major European Directives are in place to ensure that these habitats are protected; EC Directive (92/43/EEC) on the conservation of natural habitats and of wild flora and fauna (the Habitats Directive) and EC Directive (79/409/EEC) on the conservation of wild birds (the Birds Directive). These two directives allow for the creation of a network of protected sites across Europe, entitled Natura 2000. Natura 2000 will comprise Special Areas of Conservation (SACs) designated under the Habitats Directive and Special Protection Areas (SPAs) classified under the Birds Directive.

Special Protection Areas (SPAs)

In the UK 237 SPAs have been classified covering over 1,250,000 hectares. There are 87 SPAs in England covering approximately 597,000 hectares. A full list of SPAs can be found on the JNCC website under protected sites at http://www.jncc.gov.uk/page-162

A copy of the UK SPA Review, published in September 2001, can be viewed at http://www.jncc.gov.uk/ukspa/. The review provides a comprehensive review of the UK's SPA Network, with information presented on a site by site, and species by species basis.

Special Areas of Conservation (SACs)

The Habitats Directive includes lists of 169 habitat types (Annex I habitats) and 623 species (Annex II species) for which Member States must consider designation of SACs. On the basis of current knowledge, 76 of the listed habitat types occur within the UK (excluding Gibraltar), and 40 species are known to occur (or to have occurred in recent times) as native populations within UK territory (again, excluding Gibraltar). The Habitats Directive is implemented in UK law through The Conservation (Natural Habitats &c) Regulations 1994, the text of which can be found on the website of Her Majesty’s Stationary Office.

Sites proposed for selection are proposed by the statutory nature conservation agencies and coordinated through JNCC. Once sites have been identified, the names of suitable sites are formally advised to Government at which stage they become known as possible Special Areas of Conservation (pSACs). Following a period of consultation with site owners/occupiers and other interested stakeholders, sites are submitted to the European Commission. At this stage sites become known as candidate Special Areas of Conservation (cSACs). Each Member State ’s national list is then evaluated by the European Comission to form a European network of Sites of Community Importance (SCIs). These will eventually be designated by the member states as Special Areas of Conservation (SACs). In the UK the first tranche of cSACs were submitted to the commission in 1995. In December 2004, over 600 cSACs covering a total area of 2.5 million hectares were established as SCIs by the commission. A full list including GIS maps, habitats and species accounts and reasons for selection can be viewed on the JNCC website.

Saltmarshes play an important role in the Natura 2000 network, both as a component of large habitats such as estuaries and coasts, and also as a habitat in their own right. The term saltmarsh is broadly applied to 4 Annex I habitats these are:

• Salicornia and other annuals colonising mud and sand;
• Spartina swards (Spartinion maritimae);
• Atlantic salt meadows (Glauco-Puccinellietalia maritimae); and
• Mediterranean and thermo-Atlantic halophilous scrubs (Sarcocornetea fruticosi).

Following submission of the latest list of candidate SACs to the EC (Tranche 31 – 29 th January 2004 ), there are 40 sites in which Annex I saltmarsh habitat is a primary reason for the site’s designation.

Plans and Projects in SPA’s and SAC’s

In considering proposals for plans and projects that may affect SPAs and SACs, the initial consideration is whether there is likely to be a significant impact on the site: this impact must be assessed in light of the sites nature conservation objectives and the future sustainability of the integrity of the site. The Competent Authority will make such an assessment and must consult the appropriare conservation body. Permitted development may not be used if it is likely to have a significant effect on a European site unless the developer receives written approval from the LPA. Such proposals must be subject to an appropriate assessment; advice on this should be sought from the appropriare conservation body for specific cases.

In the event that a proposed development is considered to adversely affect the integrity of a site, which mitigation measures cannot fully address, planning permission will not be granted except under the following circumstances. First, there are no alternative solutions. Secondly, that the site does not host a priority natural habitat type or species (as defined in Annexes I and II of the Habitats Directive). Thirdly, that the proposed development is necessary for imperative reasons of overriding public interest. Where a site does host a priority habitat or species and no alternative solutions are available, planning permission can only be granted on grounds of human health, public safety or if the development is environmentally beneficial. If the plan or project does not proceed under these circumstances, compensatory measures must be secured.

International Designations

The Ramsar Convention, adopted in 1971 and ratified by the UK Parliament in 1976, has as its primary objective the conservation of wetland and wildfowl from progressive losses. Most of the UK Ramsar sites have been designated on the basis of regularly supporting significant populations of birds. The implementation of the Ramsar designation is, therefore, closely linked to that of SPAs. The Government in England and Wales has issued policy statements relating to the special status of Ramsar sites. This extends the same protection at a policy level to listed Ramsar sites in respect of new development as that afforded to sites which have been designated under the EC Birds and Habitats Directives as part of the EU Natura 2000 network.

Other Designations

It is possible for land in coastal areas to carry other designations to those given above. Many of these may be subject to protection under planning law, for example, Public Rights of Way.