PLANNING AND ENVIRONMENT DEPARTMENT
ENVIRONMENT DIVISION
Ecological Sites of Special Interest Listing
Public
Purpose of the Report
1. The purpose of this report is to ask the Minister to approve the proposal to include the place known as Le Petit Pré, in the parish of Trinity, on the List of Sites of Special Interest by reason of its special interest as defined in the attached schedule, under the provisions of the Planning and Building (Jersey) Law 2002; and
2. approve the serving of the Intention to List Notice in accord with the requirements of the Law.
Background and discussion
International Context
The designation of habitats under the Planning and Building (Jersey) Law 2002 is, inter alia, to satisfy the requirements of the Convention on Biological Diversity (CBD), and the Convention on The Conservation of European Wildlife and Natural Habitats (The Bern Convention), to which Jersey, through the United Kingdom, is a signatory.
CBD Article 8, In–situ conservation states: “Each contracting party shall, as far as possible and appropriate:
(a) establish a system of protected areas or areas where special measures need to be taken to conserve biological diversity
…….
(k) Develop or maintain necessary legislation and/or other regulatory provisions for the protection of threatened species and populations.
The Bern Convention. Article 4 states “Each Contracting Party shall take appropriate and necessary legislative and administrative measures to ensure the conservation of the habitats of the wild flora and fauna species, especially those specified in Appendices I and II, and the conservation of endangered natural habitats.”
Resolution number 4 (1996) of the Bern Convention resolved to identify a number of natural habitats listed in Annex I as endangered natural habitat types requiring specific conservation measures. The expanded descriptions of the notices of intention to list specify the habitats listed in Annex I of the Bern Convention.
Local Context
Article 51 of the Planning and Building (Jersey) Law 2002 states:
(1) The Minister shall maintain a list, called the List of Sites of Special Interest.
(2) The Minister shall include on the List each building or place that the Minister is satisfied has public importance by reason of –
(a) its special zoological, ecological, botanical or geological interest; or
(b) the special archaeological, architectural, artistic, historical, scientific or traditional interest that attaches to the building or place.
(3) On the List the Minister shall, in respect of each site of special interest –
(a) specify the site’s special interest;
(b) describe the site either in words or by reference to a plan, or both, with sufficient particularity to enable it to be easily identified;
(c) if the site relates to the habitat of a wild creature or a plant, specify the type of habitat; and
(d) specify any activity referred to in Article 55(1) which may be undertaken on the site without the Minister’s permission.
(4) The Minister shall make the List available for inspection by the public at all reasonable hours.
(5) The Minister shall remove a building or place from the List if the Minister is satisfied that its special interest has ceased to exist.
(6) At least 28 days before doing so the Minister shall serve a notice of the Minister’s intention to do so.
(7) The notice shall be served –
(a) on the owner of the building; or
(b) by displaying it in a conspicuous place in or near the building or place.
The attached notice describes the site, its location both in words and on a map, and the justification for its inclusion on the list, in accordance with legal requirements.
In accordance with the Law, the notice of intention will be served by post on the owner.
The Law provides that following the service of notice of intention a period of 28 days is allowed to appeal the decision. A further report will be brought back to the Minister relative to any representations received.
Relevant Local Strategies and Plans
Strategic Plan 2006 - 2011
Listing of Sites of Special Interest complies with:
· Commitment 1.1.1 and 1.1.2 implement the five Environmental Priorities in the Executive Summary of the “The State of Jersey – a report on the condition of Jersey’s environment (January 2005)” and the “Biodiversity Strategy for Jersey”,
· Commitment 4.5. Increase in the number of Sites of Special Interest (SSI) registered and SSIs and other conservation designations are respected and such sites are protected from damage and development
· Commitment 4.5.2 Designate a further seven ecological, ten geological sites and additional archaeological, architectural or historic Sites of Special Interest in 2006
· Commitment 5.2 Compliance with relevant and reasonable international treaties
Planning and Environment Business Plan
Business Plan ref E2 KPI and Target : Achieve full designation of proposed ecological SSIs
Recommendation
That the Minister approves the listing of the place listed above.
Written by: | Paul Le Miere, Assistant Director, Environmental Management and Rural Economy |
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Approved by: | Chris Newton (Director of environment ) |
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Attachments: Notice of intention to list, site plan, description and justification for Le Petit Pré, Trinity
Dated: 8 August 2007
ED\15\01\03\02
Ministerial Decision ref: MD-PE-2007-0204