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Nesting birds: 59 days away and counting

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Nesting birds: 59 days away and counting?

Planning for nesting birds

Whilst 2020 has only just begun, the start of the “official” bird nesting season – 1st March – is only 59 days away and counting.

Prior to planning permission, landowners can legally carry out some vegetation management on their land. However they should carefully plan to ensure it is done sustainably and legally.

Badly thought through or implemented, it can severely damage a developer’s reputation and undermine trust with the local community, councillors and planning officers.

Even if its grey and cold outside, it is time to start planning ahead now for nesting birds.

Read how poor advice about nesting birds caused issues in 2019 and our six tips on proactive planning for birds. Contact us now for free initial discussion on how we can assist .

Building trust for planning

Trust is a major factor in making the planning process more positive and less adverserial. When carrying out clearance works or other mitigation for wildlife, not only legal compliance, but building trust with all parties is hugely important.

In 2019 some developers used “bird netting” to prevent birds nesting.

This included North Norfolk District Council using netting for sand martins on Bacton cliffs. The Bacton “bird netting” was an example that fitted the apparent letter of law, but was badly-advised and anaethema to local people and caused a backlash in national press.

https://www.bbc.co.uk/news/uk-england-norfolk-47880571

Similar use of netting to exclude nesting birds in Winterton, Lincolnshire sparked a national protest and petition with over 150 000. The planning application was later unanimously rejected by the planning committee.

https://www.grimsbytelegraph.co.uk/news/local-news/netting-petition-birds-hedgerows-parliament-2680442

CIEEM and the RSPB now strongly advise against using bird netting except in very limited circumstances. CIEEM warn that it can cause “an understandable negative reaction from both the public and from professional ecologists to the real and potential harm that it may cause to wildlife.”

https://cieem.net/cieem-and-rspb-advise-against-netting-on-hedges-and-trees/

https://www.rspb.org.uk/our-work/rspb-news/news/stories/use-of-netting/

You may be under tight deadlines to get started on a project. We can help you to start planning now. Read our six simple tips.

Pro-active planning for birds

If you do need to clear trees or other vegetation to avoid nesting birds, we recommend that you start proactively planning for wildlife now to :

  1. carry works out as far as possible before 1st of March – outside of nesting season;
  2. retain hedges and trees for future benefit if you can;
  3. don’t think of netting as an easy alternative;
  4. check that other protected species aren’t affected;
  5. clearly communicate before what you are doing to the local council and community;
  6. plan for a landscape with new trees and hedges for birds.

Find out how the sight and song of birds can enhance your site by proactively planning for wildlife. Contact us now for a free initial discussion.

The Environment Bill and planning for wildlife

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The Environment Bill and planning for wildlife

The Bill seeks to modernise UK environmental legislation in order to both implement the 25 Year Environment Plan and promote sustainability nationally. The Bill had reached its second reading prior to dissolution of parliament.

  • The bill will fundamentally change approaches in planning for wildlife in the UK.
  • It introduces compulsory and measurable “biodiversity net gain” for wildlife.
  • We discuss the implications for local authorities and planning.

Positive gains for wildlife?

The Environment Bill will make mandatory public authorities’ duty to positively enhance, as well as simply conserve biodiversity.

Most significantly and for the first time, the bill legislates for compulsory and measurable “biodiversity net gain” for wildlife.

All local authorities will need to strategically assess how they are planning for wildlife as well as to produce a five-yearly report on the outcomes of their actions.

However this 244 page Bill is not the simplest of draftings. The act will enact multiple amendments to other acts (many of which are already amended) so it makes for challenging cross-referencing.

By illustration, an insertion into S90 of Town and Country Planning Act 1990 adds “Schedule 7A Biodiversity Gain in England” Part 1 Condition Of Planning Permission Relating To Biodiversity Gain”, making submission of a “biodiversity gain plan” compulsory for all(?) applications.

Measuring biodiversity gains

The intention is to make biodiversity net gain measurable by hard wiring DEFRA’s “Biodiversity Metric 2.0” into the Bill.

Unfortunately the Biodiversity Metric is presently still under consultation until February [LINK] and in a “beta” version i.e. not fully tested. Its’ heavy dependency on habitat and habitat condition as a surrogate measure of biodiversity is also not without controversy.

If the method of measurement of biodiversity net gain is not fully transparent and scientifically defensible, its’ use could significantly undermine the public’s ability to understand and interact in the planning process as well as the freedom of local authorities to interpret local priorities.

This would be unwelcome at a point where trust in planning authorities and developers is at a low ebb and the need for greater decentralisation seems key.

Implications for local authorities and clients ?

The bill’s approach contrasts markedly with the 1994 NERC Act with its’ S41 identification of habitats and species of principal importance, and where the “duty to have regard” gave greater flexibility for Local Authorities on priorities within the local plan and plan policies.

The Local Government Association has broadly welcomed the principles on biodiversity net gain through the planning process [LINK]., However they also held concerns about the “implementation of these proposals and the new burdens for councils”. They make the point that to be successful, already pressed planning departments will need support with the right skills and resources .

The government has committed to fully fund “all new burdens on local authorities arising from the Bill in order to make our ambition a reality”.

Whilst the bill will not be implemented for some time, clients may wish to discuss with us how they plan in advance for its’ biodiversity net gain requirements.

Hopefully resolution of the issues will become clearer during its passage through both houses.

We will be writing more about this issue shortly and will keep you updated

Further reading

Local Government Association response

https://local.gov.uk/parliament/briefings-and-responses/environment-bill-second-reading-house-commons-23-october-2019

For easy reading around the bill, we recommend the reader this handy .gov digest here :

https://www.gov.uk/government/publications/environment-bill-2019/environment-bill-policy-statement

A House of Commons Library research briefing is here and presents an overview of the bill’s contents:

https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8712

The full details of the bill are here :

https://services.parliament.uk/Bills/2019-19/environment.html

New Cambridge office for Small Ecology

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We’ve moved ! Small Ecology have moved to the Allia Future Business Centre, Cambridge ( just off the A14 and connected to the guided busway).

Allia is an independent not-for-profit organisation with a social mission, dedicated to help people start and develop businesses that make a positive impact on people, planet and place. They provide an affordable workspace, a vibrant environment and expert business support. And they are very friendly !

We’re excited by the new office space. But also to be sharing that space with other like-minded sustainability businesses and supported by Allia.

Plus the authentic Turkish baklava and coffee in the cafe !

Here is our new address :

Postal address :
Small Ecology Ltd,
Allia Future Business Centre
Kings Hedges Road
Cambridge, CB4 2HY
United Kingdom