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The 'Habitats' and 'Species' Directives
"The Habitats Regulations" transpose into UK law the provisions of
the European Union 'Habitats'
Directive and introduce stringent requirements for the conservation
of Special Protection Areas and Special Areas of Conservation (including candidate
SACs). Application of Regulations 48 and 49 of the regulations if strictly interpreted
create a strong presumption that habitats be preserved in their present location.
Only where "no alternatives" and "imperative reasons of over-riding
public interest" are demonstrated is providing compensatory habitat an
acceptable alternative.
However, it is the case that allowing one habitat to move landward, as would
be the situation if a shingle beach is allowed to 'roll-over', could compromise
the existence of other key habitats. At Cley the original realignment scheme
(Annex
07) envisaged protecting some of the existing interest (mainly reedbeds
for their bird interests) at the same time as allowing the 'natural' restoration
of the shingle ridge following the cessation of beach reprofiling. The reconsideration
of the scheme has led to the recognition that although leaving the system to
reassert itself with minimal interference will lead to the loss of some habitats,
others will develop. Overall it seems likely that the conservation value will
be maintained and the site as a whole will remain in 'favourable
condition'. A similar question has arisen at Slapton Sands (Annex
02) where the continued roll-over of the shingle beach will ultimately
encroach on a coastal freshwater lagoon (designated as a SSSI
and given the status of NNR)
reducing its area and changing its characteristics.
General guidance - 'shingle
squeeze' and the 'Habitats'
Directive
From these examples it seems entirely appropriate to consider that the loss
of one habitat at the expense of another is entirely in keeping with the
desire to promote more 'natural' and dynamic ecosystems.
The dilemma as expressed in
5.3.3 of the coastal vegetated shingle Habitat Action Plan, which
identifies the need to consider the re-creation of replacement habitats
elsewhere. Where these are different from the vegetated shingle and include
other coastal habitats reference should be made to the Guide "Coastal
Habitat Restoration, towards good practice". |
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