Legislation and Strategic Frameworks

Legislation
Nature conservation in London (and England) is based on a legislative framework developed and shaped from over 120 years of campaigning and advocacy by many people. It is historically based on three key pieces of legislation; the National Parks & Access to the Countryside Act 1949, the Wildlife & Countryside Act 1981 (as amended), and what is now the Town & Country Planning Act 1990 (as amended). These set out a framework of statutory sites for the protection of biodiversity and landscapes, protection for a range of species, measures for management for a range of species, and policy to protect nature conservation interests within the planning system.

Aspects of this legislation have been updated under the Countryside & Rights of Way Act 2000 (CRoW Act), Natural Environment & Rural Communities Act 2006, the Conservation of Habitats & Species Regulations 2010, the latter of which transposes the European Habitats Directive in England (and Wales), and the Planning & Compulsory Purchase Act 2004.

Other legislation is also relevant in particular instances, for example the Environmental Protection Act 1990, Deer Act 1991, Protection of Badgers Act 1992, Wild Mammals Protection Act 1996, Common Land & the Commons Act 2006, the Climate Change Act 2008, and the Marine & Coastal Access Act 2009. In London, planning is also influenced by the Greater London Authority Act 2007.

Due to London’s position as a major international gateway, application of the Convention on International Trade in Endangered Species of Wild Fauna & Flora (CITES, 1975) is also important, but rarely has relevance to the protection of London’s nature. See Operation Charm

Enforcement of legislation in London is the responsibility of the Metropolitan Police, through their Wildlife Crime Unit.

The legislation is complex, often only applies under certain circumstances, and can be contradictory. Whilst it has been critical to addressing a number of conservation concerns, it rarely provides blanket protection to nature at all times.

All the legislation referred to above is subject to amendment and indeed much has been substantially amended. As the world changes legislation is updated or newly drafted. There are currently some significant – and worrying - changes proposed to planning through the Localism Bill, and proposals to withdraw some environmental laws due to a perception that they damage the economy. This means that we and others need to be constantly vigilant to ensure that the legal protection for nature remains strong.

Policy
Nature conservation policy in London is highly influenced by planning and regeneration, although it also reflects that of the UK, which has largely been driven by the adverse impacts of industrial agriculture, minerals extraction, pollution and forestry.

Nature conservation activity in London is largely delivered under the Biodiversity Action Plan (BAP) framework that developed following the Rio Convention on Biodiversity in 1992. The Trust works within the overall framework of both the UK BAP (1994) and the London BAP (2000), as well as helping to meet local borough BAP objectives where we can. The London BAP consists of a number of habitat and species action plans, and is delivered by the London Biodiversity Partnership.

The BAP process works within the legislative framework, that oversees the protection and management of a number of statutorily designated sites (e.g. SSSIs), local wildlife sites, and the conservation of particular species of note. It has identified the key habitats and priority species that have determined conservation activity, and sought to target restoration and enhancement on these through a process of habitat suitability mapping. Recently the identification of Integrated Biodiversity Delivery Areas (IBDAs) aimed to target work on particular species, although the future of these is now in question.

The Lawton Review – Making Space for Nature (2010) – identified the need for landscape scale ecological restoration to address the decline in biodiversity outside – but not exclusively – the designated site system. Recommendations of the Review were partly adopted by the Government’s Natural Environment White Paper (2011) which proposes the development of Nature Improvement Areas, and Local Nature Partnerships, which will be evolving through 2011-12. A new England Biodiversity Strategy sets out the government agenda for the next decade.

In London, the BAP process has been complemented by the Mayor’s Biodiversity Strategy (2002), although this is unlikely now to be reviewed. However, the All London Green Grid (a green infrastructure strategy), the London Tree & Woodland Framework, and the London Climate Change Adaptation Strategy, together with local borough iterations of these, are also relevant to the delivery of nature conservation.

Wildlife sites
In Britain we have largely aimed to conserve nature through the identification, protection and management of sites, which include those that have statutory recognition and those with lower levels of protection.

The majority of wildlife sites in London are non-statutory, and have been identified through the planning process. Following the London Wildlife Habitat Survey carried out by the Trust for the Greater London Council in 1984-5, the work of identifying these sites and advocating policy to protect them in local plans was developed by what was the London Ecology Unit with local authority and agency partners. Known as Sites of Importance for Nature Conservation (SINCs) they are now recognised by the Greater London Authority and London borough councils. In total, over 1,500 SINCs have been identified, covering nearly 20% of the capital.

There are three tiers of SINCs:

Sites of Metropolitan Importance

About 140 Metropolitan sites have been identified, with a total area of nearly 16,000 hectares (10% of London’s land area). They include all designated sites in London (see below), as well as sites such as Beddington Farmlands, Dulwich & Sydenham Hill Woods, Eastbrookend Country Park, Horsenden Hill, Hounslow Heath and Totteridge Fields.

Sites of Borough Importance

Over 884 Borough sites have been identified with a total area of about 12,000 hectares. They include sites such as Brent River Park, Larks Wood, Mayesbrook Park, Oak’s Park, Pinner Park Farm, St Pancras & Islington Cemetery, and Woolwich Common.

Sites of Local Importance

These are generally small sites which provide people with access to some nature close to home. About 519 Local sites have been identified, and include places such as Barking Abbey Ruins, Barnet Countryside Centre, Benhill Road Nature Garden, and Kennington Park.

Since 2010 responsibility for overseeing the identification of local wildlife sites is through the London Wildlife Sites Board.

SINCs may form or fall within all or part of other land afforded levels of planning protection in London, including Green Belt, Metropolitan Open Land (‘inner London’s Green Belt’), Conservation Areas (identified for heritage interest), Local Open Land, Countryside Conservation Areas, green corridors, and strategic views. These are outlined in borough Unitary Development Plans or Local Development Frameworks. See planning.

Statutory – or designated – sites enjoy higher levels of protection from damage or loss:

RAMSAR sites

These are wetlands of international importance, designated under the Ramsar Convention, 1971. There are two in London; Lee Valley, and the South West London Waterbodies.

Special Protection Areas (SPAs)

Identified as being of international importance for the breeding, feeding, wintering or the migration of rare and vulnerable species of birds found within the European Union. There are two in London: Lee Valley, and South West London Waterbodies.

Special Areas for Conservation (SACs)

Identified under the European Union’s Habitats Directive to provide increased protection to a variety of wild animals, plants and habitats. They form the Natura 2000 network. There are two in London; Richmond Park, and Epping Forest.

Sites of Special Scientific Interest (SSSIs)

These are identified as a sample of the the country's very best wildlife and geological sites. There are over 4,100 SSSIs in England, and 37 in London, including Croham Hurst, Frays Farm Meadows, Oxleas Wood, Saltbox Hill, and Walthamstow Marshes.

National Nature Reserves (NNRs)

All are SSSIs established to provide ‘outdoor laboratories’ for research, they now offer opportunities to the public to experience England’s natural heritage. There are 224 in England, and two in London; Richmond Park and Ruislip Woods.

Local Nature Reserves (LNRs)

Identified by local authorities as important sites for nature and/or geology, where they can be enjoyed by the public for education and amenity; some can be SSSIs, although the majority in London are Sites of Metropolitan or Borough Importance. There are now over 1400 LNRs in England, and over 140 in London, including Perivale Wood (the first, 1974), Sydenham Hill Wood, Gunnersbury Triangle, Islington Ecology Centre, Nunhead Cemetery, Queen’s Wood and Wormwood Scrubs.

There are other statutory designations, such as Areas of Outstanding Natural Beauty, National Parks, and Biosphere Reserves, but which are not relevant in London.

Legislation and Strategic Frameworks

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