POS SC welcomes the opportunity to respond to this consultation paper (see footnote) and recognises that earlier consultations have largely addressed previous concerns.  Overall the process described is sound and if operated could improve biodiversity outcomes.  However, the process is written from an ideal standpoint and is thus currently aspirational for many, if not most, UK local authorities.

To implement this process as described will require greater investment, not just by local authorities, but by all parties in the matter of biodiversity.  The paper assumes no resource constraints and that all stakeholders have the relevant competencies.

It is still, for example, questionable how many authorities directly employ, or have immediate access to appropriate expertise by which to directly assess biodiversity impact or to enable appropriate assessments of third party appraisals, (and within reasonable timescales).  It is doubtful whether local authorities have in place the full panoply of sufficient base data, associated alert systems, policies and processes to address the assessment of impacts when development or land management changes are made.

Pre-application discussions and assessments are laudable, but resource intensive and authorities are often forced to utilise suspensive conditions to enable acceptable progress with real schemes. In this regard, the guidance assumes all information is available to hand, rarely the case in practice when flowering periods, breeding grounds etc all need to be assessed often outwith the application timescale.

According to the guidance, and in order to meet the terms of the Habitats Directive for European Protected Species, planning permission should not be granted until appropriate information / licences are obtained.  In the Scottish context however, the Scottish Executive will not determine a licence until planning permission is resolved.  Hence the use of suspensive conditions, pending identification of protected species.  This conflict between advice and practice needs to be properly addressed.

Checklists and flow charts help, but as set out it is doubtful if any UK authority will be able to achieve the requirements.  In order to avoid challenge, a more realistic process is urgently required that addresses the real starting point for UK local authorities.

A serious assessment of existing policy and practice and by which to monitor progress is long overdue.

The initiative to offer BSI accreditation is to be welcomed and POS (SC) will do all it can to promote the process and initiative widely.

Ian Lindley

Chairman, Sustainability Committee

13 ^th February 2006

Footnote:

Draft BSI specification: Planning to halt the loss of biodiversity - Biodiversity conservation standards for spatial planning in the UK  Can be  obtained by contacting liliana.mulvany@bsi-global.com