 8.1 In 1990 the Black Country Nature Conservation Strategy was published, which represented a comprehensive and consistent approach to Nature Conservation across the area. It was an expression of the belief that nature conservation is by no means confined to the countryside, that experience of wildlife should be an everyday thing, and that nature conservation crosses administrative boundaries. The adopted 1995 UDP nature conservation policies and proposals reflected advice that emerged during the preparation of this strategy. 8.2 Planning Policy Guidance Note 9 - Nature Conservation supported this approach, in particular the importance of local and non-statutory sites. The 1994 Conservation (Natural Habitats etc.) Regulations impose a duty on local authorities to have policies on the protection of important wildlife features such as rivers, canals and networks of locally important habitats, and to seek their continuing management. 8.3 This Plan continues with this approach whilst recognising more recent initiatives. In particular the Birmingham and Black Country Biodiversity Action Plan, which forms part of the Local Agenda 21 process, was part of the Government’s response to the 1992 Rio Earth Summit. This recognises that for biodiversity to be conserved at a national level actions are required locally. A wide range of organisations and individuals are contributing to the Action Plan, which is intended to inform both policy and action on a range of issues, species and habitats. The UDP will seek to contribute to and be informed by this process. 
The Council will seek to promote development in accordance with natural ecological processes and nature conservation interests. New development will be required to address the following: - Retention of existing natural features, including geological and habitats, and protecting them during construction;
- making provision for replacement, where the loss of such features is unavoidable;
- incorporating creative measures, such as the development of new habitats, or where possible the opening up of fresh geological exposures;
- incorporating the maximum possible proportion of appropriate native vegetation in any landscaping or planting scheme;
- incorporating the maximum possible area of permeable ground surface, and taking the necessary steps to regulate surface water flows in the interests of nature conservation;
- including, in the design of built structures, features attractive to wildlife;
- positively addressing adjacent or nearby nature conservation resources.
8.4 Land, buildings, infrastructure, human activities and natural processes form a series of related ecosystems. Many activities, such as development, can have far-reaching impacts on these systems. However, development and nature conservation are not incompatible. Addressing these issues positively, and at an early stage in the design process, can develop a built environment which contributes to the protection and enhancement of the wildlife resource for the benefit of all the community. 8.5 Supplementary Planning Guidance will be prepared which will provide detailed advice with respect to nature conservation and development.
The Nature Conservation network is shown on the Proposals Map. These are the Local Nature Reserves, Sites of Importance for Nature Conservation, Sites of Local Importance for Nature Conservation and the Wildlife Corridors. The Council will seek to maintain and, where possible, enhance the quality, amount and distribution of the Borough’s natural assets. The Council will seek the management for wildlife of these features in its ownership, where resources allow, and of sites in private ownership through voluntary agreement and where appropriate the development process. 8.6 Throughout the Borough there are a wide range of sites which contribute to the wildlife resource. Whilst some are of significant size, notably the Sandwell Valley and the Rowley Hills, many are often small and isolated and cannot alone support the wider needs of wildlife. However, together with the extensive network of lesser sites and linear features, these provide for the wider abundance and diversity of wildlife. The overall value of this network must be maintained and enhanced. The network has been defined following a series of ecological surveys, including one carried out in 1998. The information obtained from these surveys is available from the Council, or from EcoRecord, the Wildlife Database for Birmingham and the Black Country. 8.7 In addition to site protection it is important that the nature conservation value of the network is not eroded through neglect or inappropriate management. Where appropriate, conditions may be attached to planning permissions, or legal agreements entered into, to ensure the proper management of sites for wildlife.
Development will not be permitted if it would directly or indirectly destroy or adversely affect: - any Local Nature Reserve,
- any Site of Importance for Nature Conservation.
Over the plan period the Council will support the identification where justified of new LNRs and SINCs and will apply the policy to these, following consultation and notification. 8.8 These are identified on the Proposals Map. Should a Site of Special Scientific Interest emerge during the plan period, the policy will be extended to it. These sites are often well established and are of particular value, contributing to a system of vital habitats throughout the West Midlands and beyond. They represent the best examples of habitat types, wildlife variety and geological features. Their protection is therefore essential. 8.9 A list of proposed new SINCs and Local Nature Reserves or where boundary changes are proposed is included in the Proposals Section of this Plan.
The nature conservation value of Sites of Local Importance for Nature Conservation will be protected from development which would damage them. These are identified on the Proposals Map. Over the plan period the Council will support the identification of new SLINCs and will apply this policy to these, following consultation and notification. Proposals which directly or indirectly would have adverse effects on these will be required to demonstrate that a full ecological survey has been carried out; how the ecological information has been evaluated; what the relevant design considerations are; how the most valuable features will be protected; and how the overall ecological value of the site will be maintained. 8.10 These sites are a vital part of the overall resource. The total value and quality of these sites should be maintained, which, whilst not necessarily always preventing development, may in some circumstances justify refusal of planning permission.
The integrity of wildlife corridors and linear features will be protected. Proposals which sever these, or reduce their value to wildlife, will not be permitted, unless they demonstrate adequate mitigation measures.  8.11 These linear features provide habitats in their own right as well as enabling the movement of species through and into the Borough. Their integrity as corridors and the quality of their habitats should be maintained.
The Council will seek to ensure that the quantity of the Key Habitat types i.e. Hedgerows, Woodland, unimproved and semi-improved Grassland, Heathland, Open Water and Wetland remains at least at the current levels. It will contribute as far as possible, through the development process, to the implementation of the Biodiversity Action Plans on habitats, thereby enhancing both the quality and quantity of the resource. 8.12 Within the wildlife network there are key habitats which are particularly important. Specific action plans within the Biodiversity Action Plan are being developed for many of these, which provide comprehensive means of protecting and enhancing the resource. It is important that the land use/development process fulfils its role in this.
Development will not be permitted if it would harm the habitat requirements of wildlife species (plant or animal) protected by law, or the population of which is endangered or vulnerable in the West Midlands. Where there is evidence or strong indications that a site is used by a species that is legally protected or rare in the West Midlands, any proposals affecting the site will be required to: - provide an up-to-date ecological survey and impact analysis,
- demonstrate how the species will be accommodated in the design and layout of the proposal, and
- adequately mitigate for any adverse effects.
In addition, where a development site is used by species protected under schedule 2 of the Habitats Regulations, the granting of planning permission will not be given unless the requirements of Article 16 of the Habitats Directive have been met. The Council will contribute as far as possible, through the development process, to the implementation of the Biodiversity Action Plans for species. 8.13 Many species are in decline at national, regional and local level. New development must not add to this problem by damaging them or their habitats. 8.14 Planning Policy Guidance Note 9 indicates that the presence of a protected species is a material planning consideration. It would be inappropriate for the planning system to permit development which would harm these species. Species listed in Schedule 2, currently found in the Borough are bats and Great Crested Newts. Further details of this will be included in Supplementary Planning Guidance. 8.15 The Biodiversity Action Plan process has produced comprehensive plans for Key Species. More will be produced over the plan period. These will provide guidance on land use and development issues for the protection and enhancement of species.
The Council will seek to ensure accessible wildspace within 400 metres of all homes. Proposals which would prejudice this will not be permitted unless adequate and appropriate alternatives are provided.
 8.16 Regular contact with wildlife in the urban area is important, but there are often few such opportunities. English Nature has recommended that every home should be within 400 metres of a wildspace. Existing sites will be protected and opportunities will be taken to create more sites, including through the development process, particularly in an area deficient in such space.
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