2. Legislative and Policy Context

Background

2.1 Local Nature Conservation Sites have a well recognised place in the history of nature conservation in Scotland, complementing the national perspective of other designations with a long tradition of locally-driven initiation and concern. The adaptation of LNCS to local circumstances has been a strength of the designation, and has led to innovation and creative developments. However, the breadth of different approaches has led to confusion as to the meaning and status of sites, and this limits their integration with other policy agendas.

2.2 These issues, as they relate to biodiversity sites, were raised during the passage through Parliament of the Nature Conservation (Scotland) Bill during 2004, and led to the following commitment being made by the Minister: The emphasis given to biodiversity in the Bill lends local wildlife sites a renewed relevance and importance. I welcome the Committee’s suggestion that local authorities and SNH should work together to improve existing arrangements. I will be looking to SNH to take the lead in initiating that process of review.

2.3 In response, a working group was formed (see Annex), and a review of local site systems began in Autumn 2004. The working group decided to include local geodiversity sites alongside biodiversity sites because of their common history, and because of the potential benefits of developing parallel site systems. The working group published this Guidance following a consultation process that took place during 2005.

The Biodiversity Duty, and the Scottish Biodiversity Strategy

2.4 One of the key objectives of the Convention on Biological Diversity, the UK Biodiversity Action Plan, and the Scottish Biodiversity Strategy (SBS), is to halt the loss of biodiversity, and to reverse previous losses, through action for species and habitats. Habitats and species that are a priority for action towards this aim have been placed by the Scottish Executive on the Scottish Biodiversity List, as required under the Nature Conservation (Scotland) Act 2004. At local level, habitats and species of importance to biodiversity have been listed by local biodiversity partnerships, and actions for these are incorporated into Local Biodiversity Action Plans.

2.5 Existing LNCS have contributed to meeting biodiversity objectives by identifying sites that can make a significant contribution to conserving habitats and species listed in Local and Scottish Biodiversity Action Plans. Identification of sites has provided the opportunity to focus the resources available to LBAP partnerships and land managers, and to provide protection for these sites through raised awareness and development control policies. This role for LNCS is recognised in the SBS, which includes in its ‘Agenda for Action’ the following two objectives:

to ‘manage existing and develop new local…wildlife sites to protect and where appropriate enhance conservation interests’; and to ‘facilitate identification and recognition of local wildlife sites….and their use to stimulate local awareness and engagement in conservation and education’.

2.6 The biodiversity duty, set out in the Nature Conservation (Scotland) Act 2004, places a duty on all public bodies to further the conservation of biodiversity (as far as is consistent with their functions), and in doing so to have regard to the aims and objectives of the Scottish Biodiversity Strategy.

LNCS have the potential to help local authorities and other public bodies to identify and prioritise action for habitats and species, in support of the biodiversity duty, and as a contribution to implementing the Scottish Biodiversity Strategy

Geological Conservation Review and RIGS Handbook

2.7 The UK Geological Conservation Review (GCR), led by the Joint Nature Conservation Committee, assessed and selected exemplar Earth heritage sites of international and national importance, and many GCR sites are designated as Sites of Special Scientific Interest (SSSI) (see paragraph 2.8). The RIGS Handbook follows the lead of the GCR Strategy and recommends that RIGS should not only have substantive nature conservation value but should also have value for education, scientific study, historical significance, and aesthetic qualities. UKRIGS, RIGS groups and the British Geological Survey have argued for some time that geodiversity audits and action plans should be prepared at local level in Scotland, and that RIGS should be identified and managed in this context.

Local geodiversity sites can conserve important examples of local geodiversity, for the enjoyment and understanding of local people, and can play a significant part in geodiversity audits and action plans.

National and international designations

2.8 Sites of Special Scientific Interest (SSSIs) are designated in recognition of their importance for biodiversity or geodiversity. Their purpose is to provide a representative suite of the most important sites, and in protecting and enhancing this resource they make a significant contribution to halting the loss of biodiversity and geodiversity. SSSIs do not include sites that are of local importance only. Whilst it is not the primary purpose of LNCS to identify sites of national importance, it may be that while selecting LNCS a site is found which also merits consideration for SSSI status. In addition to SSSIs, Natura 2000 sites are protected areas which aim to maintain habitats and species of European importance listed under the EU Habitats and Birds Directives.

LNCS have the potential to complement national and international designations by identifying further sites of national importance, as well as sites which are of local importance.

NPPG 14 Land use planning and the natural heritage

2.9 National Planning Policy Guideline (NPPG) 14 sets out government policy on land use planning and the natural heritage in Scotland. It recognises that both statutory and non-statutory designations can make an important contribution to conserving and enhancing biodiversity, and that RIGS can also be valuable for education. It states that the development of local site systems, and the level of protection accorded to them, should be a matter for the planning authority.

2.10 NPPG 14 encourages planning authorities to safeguard and enhance the natural heritage beyond the confines of nationally designated areas. It gives guidance on the role non-statutory local sites can play as part of a strategic approach to natural heritage planning, based on a network of LNCS, landscape features and other types of open space. More recently, Planning Advice Note (PAN) 65 on Planning and Open Space has highlighted the importance of natural and semi-natural greenspace in urban areas as part of an open space network (see also para 5.7).

Local biodiversity sites have the potential to contribute to the recommendations of NPPG 14 as components of habitat networks and Open Space Strategies. Local geodiversity sites have the potential to provide an educational resource for Earth science, and may also form part of open space or habitat networks.

Education and involvement in nature conservation

2.11 The Scottish Biodiversity Strategy recognises the importance of people’s interest and involvement in biodiversity as a foundation for the enthusiasm and commitment needed for its conservation, and gives local biodiversity sites a role in this under its ‘Agenda for Action’ (see para 2.5). RIGS are recognised in NPPG 14 as having value for education, and the RIGS Handbook states that one of the primary reasons for establishing a RIGS system is to provide a range of sites which can be used by the local community.

Some LNCS can provide opportunities for people to find out about and enjoy what is special about the biodiversity or geodiversity of their local area.