Local Authorities and Sustainable Peatland Management: Current Opportunities and Future Possibilities for Local Action - 48 page report.
Local Authorities and Sustainable Peatland Management: Current Opportunities and Future Possibilities for Local Action.
V. Jenkins
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Local Authorities and Sustainable Peatland Management: Current Opportunities and Future Possibilities for Local Approaches
Table of Contents
Introduction ..................................................................................................................................................... 4
Methodology ................................................................................................................................................... 4
What is peat and what are peatlands? ............................................................................................................. 5
Why are peatlands important? ........................................................................................................................ 5
What is sustainable peatland management (SPM) and why is it important? ................................................... 6
What measures are currently being taken to secure SPM in Wales? ................................................................ 7
What is the relationship between peatlands and local authority areas in Wales? ......................................... 11
Why should local authorities be interested in SPM? ...................................................................................... 13
Why will SPM become of increasing importance for local authorities? .......................................................... 15
Climate change targets in Wales ...................................................................................................................... 15
Nature recovery in Wales ................................................................................................................................. 16
Nature and Covid 19 recovery. ......................................................................................................................... 17
What actions might local authorities take to support SPM? .......................................................................... 17
Core Statutory Functions .................................................................................................................................. 18 Land use planning ........................................................................................................................................ 18 Flood prevention .......................................................................................................................................... 22 Access to peatlands ..................................................................................................................................... 22 Statutory Duties to Promote, Plan and Report ................................................................................................. 23 Well-being of Future Generations (WFG) .................................................................................................... 23 Biodiversity and Ecosystems Resilience ....................................................................................................... 24 Local authority’s own operations ..................................................................................................................... 24 Procurement ................................................................................................................................................ 24 Landownership ............................................................................................................................................ 24 Other Policy Development ................................................................................................................................ 25 Climate change ............................................................................................................................................ 26 Culture, heritage and tourism ...................................................................................................................... 26
Local Authorities and Partnership Working for SPM ...................................................................................... 27
Working with Other Actors to Support SPM. .................................................................................................... 27 Natural Resources Wales ............................................................................................................................. 28 National Parks .............................................................................................................................................. 28 Third Sector Organisations ........................................................................................................................... 29 Private Landowners ..................................................................................................................................... 30 Dwr Cymru (Welsh Water) ........................................................................................................................... 30 Mechanisms for regional and local partnership working that might support SPM at a local level. ................ 31 Public Service Boards ................................................................................................................................... 31 Area Statements .......................................................................................................................................... 33
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Local Authorities and Sustainable Peatland Management: Current Opportunities and Future Possibilities for Local Approaches
Local Nature Partnerships ............................................................................................................................ 34 Corporate Joint Committees and other Regional Organisations ................................................................. 34 Funding Streams for Action on SPM ................................................................................................................. 35 Local authority funds ................................................................................................................................... 35 UK Government funding .............................................................................................................................. 36 Welsh Government funding ......................................................................................................................... 36 Charitable sector .......................................................................................................................................... 37 Private funding ............................................................................................................................................. 37
Conclusions and Recommendations .............................................................................................................. 40
Key Recommendations ..................................................................................................................................... 41
References ..................................................................................................................................................... 42
Books ............................................................................................................................................................ 42 Reports and Policy Documents .................................................................................................................... 42 Legislation .................................................................................................................................................... 43
Table of Figures ............................................................................................................................................. 44
Glossary ......................................................................................................................................................... 45
About the Author ........................................................................................................................................... 48
Acknowledgements ....................................................................................................................................... 48
Disclaimer ...................................................................................................................................................... 48
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Local Authorities and Sustainable Peatland Management: Current Opportunities and Future Possibilities for Local Approaches
Introduction
Sustainable peatland management (SPM) in Wales will require an effective multi-level governance system. Existing measures to secure SPM in Wales have focused on the role of Natural Resources Wales, the environment agency for Wales. However, local authorities have important local knowledge to contribute to the delivery of SPM as well as the skills and experience to engage with local communities on this issue. The aim of this report is to provide a detailed consideration of the potential role for local authorities in SPM. This is achieved by considering first, why SPM is of relevance to the work of local authorities and, subsequently, how local authorities may use their powers and functions to support SPM. Working with other actors will also be essential to meeting the aims of SPM. Therefore, in addition the report identifies the key organisations with whom local authorities might make connections to support SPM and the way existing mechanisms for partnership working with local authorities could be used to further these aims.
Methodology
The author is a legal academic, therefore, the methodology adopted in this report to evaluate the effectiveness of governance for SPM and the way this supports the role of local authorities focuses on the rules that underline the relevant systems and processes. The first step in creating this report was to provide to a detailed explanation of the legal rules relating to the powers and responsibilities of local authorities that may be relevant to SPM. This methodology is referred to as doctrinal legal research and forms the foundation of most legal research. Local authorities are fundamentally ‘creatures of statute’ so the way their powers and responsibilities are set out in law is crucial to the delivery of outcomes for the communities they serve. Law exists in a social context and so, like much doctrinal legal research, this investigation includes an outline of the policy and funding contexts relevant to the work of local authorities. It also includes consideration of the rules that operate to govern partnership working between local authorities and other actors. Together law, policy, and finance rules create a framework for governance that is relevant to the achievement of SPM. The second stage of the research is to evaluate the adequacy of the framework of law, policy and finance rules that have been identified and explained, in meeting the objectives of SPM. This evaluation was carried out with reference to information regarding SPM provided by Dr Jonathan Walker who has developed a body of evidence on Welsh peatlands as part of a UKRI policy fellowship also funded by the Landscapes Decision Making programme. This evaluation is used to highlight ways of supporting SPM within existing rule systems and to recommend changes to better support SPM. The accuracy of the information provided in this report, including the evaluation, was also informed by engagement with a range of individuals working within government, non-governmental and third sector organisations. It is important to note that this was not carried out as a means of collecting qualitative data, but to inform and improve the researcher’s understanding.
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Local Authorities and Sustainable Peatland Management: Current Opportunities and Future Possibilities for Local Approaches
What is peat and what are peatlands?
Peat is a soil formed from carbon rich, dead decaying plant material under waterlogged conditions. Peatlands are areas of wetland habitat supported by a naturally accumulated layer of peat. In Wales there are three main types of peatland habitats. Blanket bog covers many of our hills and mountains in the uplands while smaller areas of fen and raised bog occur throughout the lowlands of Wales. Most peatlands in Wales are in a degraded state and referred to as ‘inactive’. This can be contrasted with ‘active’ peatlands which are those currently forming peat or growing.
Why are peatlands important?
Peatlands are important because they provide numerous ecosystems services to Wales as demonstrated in Figure 1.
Provisioning Services – historically, peat has been used as a source of fuel and as compost for the horticultural industry and domestic use. Peat is now recognised to be so valuable in providing other ecosystem services that these uses are strictly regulated. Regulating Services – peatlands are essential in regulating natural processes that provide important benefits. For example, regulating the hydrological processes that influence flood control; reducing the risk of wild fires; or providing for processes of carbon sequestration.
Supporting Services – peatlands are crucial in supporting other ecological processes such as carbon storage in the ecosystem, biodiversity and ecological resilience.
Cultural Services – peatlands also provide non-material benefits, including recreational activities such as hiking and pony trekking. Perhaps most significantly peatlands exist in areas that can provide a sense of wilderness and tranquillity. They also have a long and rich history and are significant to the natural and cultural heritage of the landscapes of Wales.
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Local Authorities and Sustainable Peatland Management: Current Opportunities and Future Possibilities for Local Approaches
Figure 1 – The Ecosystem Benefits Provided by Peatlands
What is sustainable peatland management (SPM) and why is it important?
Sustainable peatland management (SPM) in Wales involves maintaining and enhancing the condition state of peatlands, including restoring more heavily degraded areas of peatlands. SPM is necessary because most of the peatlands in Wales are in a degraded state. This degradation is the result of wildfires, large-scale hydrological modification and unsustainable forestry and agricultural management. Peatland restoration involves activities such as such as improving the vegetation; improving the hydrology (or ‘rewetting’ as it is more commonly known); and/or removing trees and shrubs. In Wales, the Wellbeing of Future Generations (Wales) Act 2015 provides a legal framework for governance that ensures Welsh Government and public authorities aim to contribute to seven statutory goals. SPM is relevant to all of these goals as follows:
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Local Authorities and Sustainable Peatland Management: Current Opportunities and Future Possibilities for Local Approaches
Figure 2 Sustainable peatland management and the wellbeing goals in Wales.
Prosperous Wales – peatlands provide an important carbon store (and have some ability to sequester carbon in a reconditioned state) helping to achieve the aim of a low carbon society in Wales. They also form an essential part of the landscape that attracts tourism and investment. A Resilient Wales – peatlands are essential to the resilience of ecosystems and restoring peatlands can make an important contribution to flood prevention and climate change mitigation. Peatlands also provide a habitat to some of our most endangered species, such as the Marsh fritillary. A Healthier Wales – peatlands exist in areas that provide an environment for recreation, whether it is walking in wilderness areas of upland peatlands or enjoying the flatter landscape of lowland peatlands. This kind of recreation is important to our physical and mental health. A More Equal Wales – peatlands often exist in areas of rural poverty or post-industrial Valleys landscapes. Protecting the values of peatlands in these areas is also, therefore, important to enhancing equality in Wales. A Wales of Cohesive Communities – peatland form an essential part of the landscape that is important, not just to tourism, but link local communities to their natural and cultural heritage. This helps to create a ‘sense of place’ and belonging for communities in Wales.
A Wales of Vibrant Culture – peatlands make a significant contribution to the heritage of an area and can themselves help tell its history from a paleontological perspective.
A Globally Responsible Wales - the measures we take to sustainably manage peatlands in Wales contribute to global targets set out in international agreements on biodiversity and climate change.
What measures are currently being taken to secure SPM in Wales?
Welsh Government set out is policy ambition for peatlands in a Decision Report, in 2019, as follows:
• ensuring all peatlands with semi-natural vegetation are subject to favourable management/restoration (a minimum estimated area of 30,000 ha); and, • restoring a minimum of 25% (~c. 5,000 ha) of the most modified areas of peatland.
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Local Authorities and Sustainable Peatland Management: Current Opportunities and Future Possibilities for Local Approaches
Welsh Government also tasked Natural Resources Wales (NRW) with providing a map and baseline assessment of peat in Wales and creating a 5 year National Peatlands Action Programme (NPAP). NRW has produced an all Wales map of deep peat >40cm which is referred to throughout this report. The NPAP sets out priority themes and actions to achieve Welsh Government’s policy ambitions including a target to restore 600-800 ha of peatland per annum. In October 2022, in response to the ‘biodiversity deep dive’ (explained below) the Welsh Government increased this target to 1800-2400 ha per annum. The NPAP is supported by a budget of £1m per annum. Welsh Government has a significant role in SPM by influencing other landowners using policy, financial and regulatory tools. These landowners include charitable organisations, other statutory organisations (including local authorities) and private individuals. There are several existing regulatory measures relating to forest management, water management and sites protected for nature conservation that are important to SPM:
Forestry Significant areas of peatland exist in areas of forestry owned and managed by NRW as part of the Welsh Government Estate. NRW also take responsibility for regulating tree felling and supporting sustainable forestry management in private woodlands through schemes such as the UK Forestry Standard. See Figure 3.
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Figure 3 Map of Peatlands in Wales and Natural Resources Wales Forestry Land
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Local Authorities and Sustainable Peatland Management: Current Opportunities and Future Possibilities for Local Approaches
Water Peatlands are wetlands and form part of wider eco-hydrological units. SPM can, therefore, be viewed as an important element of water management systems. NRW are responsible for developing River Basin Management Plans (RBMPs) which provide a framework for water management that addresses not just direct regulation by NRW with respect to water quality but wider issues of land management relevant to this objective. Local authorities must be consulted on these plans and have a duty to have regard to them in exercising any functions that affect a river basin. See Figure 4.
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Figure 4 Map of Peatlands of Wales and River Basin Districts
Sites designated for nature conservation NRW work with landowners to devise management plans for peatlands where these sit within Special Areas of Conservation (SACs)and/or Sites of Special Scientific Interest (SSSIs). These are legal designations that relate to the special interest in these sites because they support rare or vulnerable habitats and/or endangered species. Protection of peatlands is the main or one of the primary reasons for the designation of 169 SSSIs in Wales which is around half of all those that exist. 1 Other peatlands may sit within such sites that are designated for other purposes.
1 National Peatlands Action Programme p.9
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Local Authorities and Sustainable Peatland Management: Current Opportunities and Future Possibilities for Local Approaches
Figure 5 Map of Protected Sites, Local Authority Areas and Peatland in Wales
Agricultural payment schemes are also very significant to SPM. Welsh Government are responsible for the development and implementation of these schemes which are currently undergoing a significant period of reform pursuant to the Agriculture (Wales) Bill 2022.
Further details of all these regulatory measures are available in previous work by the author and Dr Jonathan Walker.
This brief overview of the actions currently being taken in Wales on SPM demonstrate the significant role of NRW in meeting Welsh Government’s policy objectives. However, SPM is also relevant to the aims, objectives and responsibilities of local government, and their work with other stakeholders and communities. The aim of this report is, therefore, to provide a detailed consideration of the potential role for local authorities in SPM.
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Local Authorities and Sustainable Peatland Management: Current Opportunities and Future Possibilities for Local Approaches
What is the relationship between peatlands and local authority areas in Wales?
Figure 6 demonstrates where we find deep peat >40cm in local authority areas across Wales. According to this map key local authority areas in terms of peatlands in Wales are Conwy, Gwynedd, Denbighshire, Ceredigion and Powys. There is also a significant area of peatland that straddles Neath Port Talbot and Rhondda Cynon Taff.
Figure 6 Map of Local Authority Areas and Peatland in Wales
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Local Authorities and Sustainable Peatland Management: Current Opportunities and Future Possibilities for Local Approaches
It is important to recognise the restrictions of this data. The map focuses on deep peat >40cm but peatlands include peat at different depths covering a wider area than the map includes. In addition, a map at this scale will not necessarily pick up smaller areas of deep peat that might be significant in a particular context. The potential significance of smaller areas of peat, at different depths, to local communities is demonstrated by the map in Figure 7. This shows the proximity of a small area of peatland in Neath Port Talbot to the local community and how these areas of peatland are linked to those communities through the relevant river catchments.
Figure 7 Peatlands, Communities and the Llantwit and Gnoll Catchment in Neath Port Talbot.
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Local Authorities and Sustainable Peatland Management: Current Opportunities and Future Possibilities for Local Approaches
Why should local authorities be interested in SPM? Local authorities have a significant role to play in managing local land and natural resource use. SPM is related to the core responsibilities of local authorities for land use planning, flood prevention and access routes to the countryside. Land use planning Local authorities have significant duties and powers to contribute to SPM through its responsibilities for land use planning. Land use planning helps to ensure that peatlands are protected from the potentially damaging effects of new structural and building developments, such as housing and renewable energy. Peatlands are a carbon store, and any direct destruction can contribute to GHG emissions. Furthermore, peatlands are a key element of ecohydrological units that form part of wider resilient ecological networks. Development on peatlands that interferes with these systems can have wider environmental consequences, for example, impacting on flood risk and biodiversity. Flood prevention - Local authorities have long had powers over drainage in their areas, but since 2010 they have also had powers and duties related to flood prevention planning and management. Peatlands form part of larger ecohydrological units the functioning of which can be essential in helping to mitigate against flooding. Flooding is caused by a wide range of factors that interact in many different ways. For the purposes of this report, it is suffice to say that a peatland in a ‘good condition state’ can make a contribution to the prevention of flooding from rivers, even though that peatland may exist a long way from the point of river overflows. Access to the Countryside - Local authorities have long had responsibilities as a highway authority for designating and maintaining public rights of way. More recently local authorities have also been given responsibilities for access to areas of mountain, moor, heath, down, and commons all of which are particularly important in the context of upland peatlands. In addition, they are required to develop active travel routes. These are designed to improve sustainable transport methods in the local area, but they may provide routes to peatlands in the countryside. Access to peatlands is important in ensuring that local communities are able to engage with the cultural and recreational benefits that peatlands can provide. However, it is also important to ensure that access to peatlands for recreational purposes is balanced against the rights of private landowners and wider interests in natural resource management. For example, it is important to ensure peatland ecosystems are not damaged by inappropriate behaviour such as, the use of off-road vehicles or deliberate or accidental creation of wildfires. On the other hand, peatlands often exist in fairly inaccessible areas of the uplands and careful thought needs to be given to the ways in which local communities can be encouraged to engage with them.
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Local Authorities and Sustainable Peatland Management: Current Opportunities and Future Possibilities for Local Approaches
Local authorities also have significant power to take discretionary action to support SPM. It is important to distinguish core and discretionary functions of local authorities because the former will necessarily take priority, especially in situations of limited funding. That said, external funding sources are also available for discretionary activities and local authorities have a long history of developing innovative action to address the challenges facing local communities. In exercising all of their functions, whether core or discretionary, local authorities are guided by general duties to promote, plan and report on the wellbeing of future generations and biodiversity/ecosystems resilience. SPM is relevant to all of Wales’ statutory wellbeing goals and essential to the development of ecosystems resilience so these general duties can also support SPM. These general duties also reflect Welsh Government’s priorities for government and key policies on climate change and nature recovery, including the response to international agreements. Welsh Government policy is also important in guiding discretionary action by local authorities and there is evidence that this will increasingly highlight the significance of SPM to the work of local authorities. In addition, these policy imperatives underline funding priorities which are also sign i ficant to the development of discretionary action by local authorities.
Figure 8 The Significance of SPM to the Work of Local Authorities.
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Local Authorities and Sustainable Peatland Management: Current Opportunities and Future Possibilities for Local Approaches
Why will SPM become of increasing importance for local authorities? There are several reasons why increasing attention is likely be paid to the role of local authorities in SPM in the future. These relate to developments in Welsh Government policy on climate change, nature recovery and recovery from Covid 19. Climate change targets in Wales Welsh Government declared a climate emergency, in 2019, and has a target of achieving ‘net zero’ by 2050. This will contribute to the UK’s commitment to net zero in response to agreements made under the United Nations Convention on Climate Change. Wales’ path to net zero is supported by Welsh law on carbon target setting and budgeting (set out in the Environment (Wales) Act 2016). To support its first carbon budget, from 2016-2020, Welsh Government published a strategy for a Low Carbon Wales setting out policies on a sectoral basis. The main considerations are energy generation, industry and transport. However, GHG emissions from land use, land use change and forestry (LCLUCF) are gaining increasing attention, particularly as this is the only sector that has the potential to sequester carbon. SPM is an important LCLUCF measure in reducing GHG emissions and was included in a raft of measures for LCLUCF in the Low Carbon Wales strategy. In future, SPM is likely to gain even great significance as, in 2021, the UK Climate Change Committee (UKCCC), which provides independent advice on tackling climate change across the UK, included peat restoration as a key measure in reporting on LULUCF for the first time. Increasing attention to LULUCF measures in climate change policy has been accompanied by a new emphasis on the role of local authorities in meeting Net Zero. In its Sixth Carbon Budget, in 2020, the UK CCC identified local authority action on GHG emissions as a key area for development. To support this a UK wide report of local authority GHG emissions by sector from 2005-2019 is now available to local authorities. The UK CCC has commissioned a ‘deep dive’ into the role of local authorities in achieving net zero (the UKCCC deep dive). Meanwhile, in the English context this has also been the subject of reports by the National Audit Office and the House of Commons Housing, Communities and Local Government Select Committee. In general, these organisations are all in agreement that the role of local government is important in meeting Net Zero targets and requires strategic direction from central government. In particular, the deep dive noted, that local authorities were well placed to take a ‘place-based approach’ to achieving net zero rather than focusing on separate sectors. In Wales, in 2017, Welsh Government set a specific target for the public sector, including local authorities, to achieve carbon neutrality by 2030. This is supported by the Partnership Council for Wales which called on all local authorities to produce a decarbonisation plan, by May 2021. Welsh Government also encourages action by all actors in society in Wales through its Net Zero pledge campaign as part of its All Wales Net Zero strategy. In 2022, it also published its strategy to support its second carbon budget from 2021-2025 for Net Zero Wales. This updated Welsh Government’s policies on woodland creation and peatland restoration.
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Local Authorities and Sustainable Peatland Management: Current Opportunities and Future Possibilities for Local Approaches
Nature recovery in Wales
Welsh Government produced a Nature Recovery Action Plan, in 2015, to help meet the targets set by the United Nations Convention on Biodiversity (UNCBD) to halt biodiversity. In 2017, it also produced a Natural Resources Policy for Wales as part of a new framework of governance for NRW focused on the sustainable management of natural resources (SMNR) (introduced under the Environment (Wales) Act 2016). SMNR is described as using natural resources in a way and at a rate that promotes the maintenance and enhancement of the resilience of ecosystems and the benefits they provide to current and future generations. In 2019, Welsh Government declared a nature crisis. This reflects concerns expressed by the UNCBD which has recently agreed a further set of goals for halting biodiversity loss by 2050, with interim actions by 2030. These actions include ensuring the protection of 30% of land and seas across the globe (the 30 by 30 target). In response Welsh Government has pledged to achieve this within Wales and carried out a ‘biodiversity deep dive’ to understand and help address the challenges of doing so. The recommendations of the biodiversity deep dive, published in October 2022, included increasing the targets for peat restoration to 1800-2400 ha per annum. SPM may also contribute to and/or benefit from the other essential recommendations of the ‘biodiversity deep dive’ that relate to: the effective protection of existing designated sites; the creation of further Nature Recovery Exemplar Areas; using private and public finance to deliver for nature at a greater scale; embedding nature recovery in policy and strategy of public bodies in Wales; and building capacity, awareness raising and behaviour change. Local authorities are viewed as a key partner in delivering the objectives of Wales’ Nature Recovery Action Plan and Welsh Government also provided a commitment to ‘place based’ approaches to nature recovery in its Natural Resources Policy. Welsh Government has funded a number of posts in local authorities to support Local Nature Partnerships. Local Nature Partnerships aim to engage people and communities, businesses and decision makers, including the local authority, in strategic and practical action in support of nature. Following the deep dive on biodiversity, Local Nature Partnerships were also provided with extended funding, recognising the importance of local action in this regard. Local authorities will also make a significant contribution to nature recovery through their responsibilities for land use planning and other duties with respect to the maintenance and enhancement of biodiversity and resilient ecosystems. This will be essential in supporting Welsh Government’s planning policy on developing resilient ecological networks. This was first set out, in 2021, in Future Wales (the national development plan for Wales). This policy, its significance to SPM, and the role of local authorities in responding to this is detailed below.
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Local Authorities and Sustainable Peatland Management: Current Opportunities and Future Possibilities for Local Approaches
Nature and Covid 19 recovery.
The Covid-19 pandemic brought many people into their local environment, exploring the nature on their doorstep, sometimes for the first time. This experience highlighted the benefits of nature to our physical and mental health as well as the need to protect this for our continued development and that of future generations. Welsh Government recognised the importance of land use planning in this regard in its strategy for land use planning and the Covid 19 recovery. This strategy notes the importance of enhancing biodiversity, ecosystem resilience and green infrastructure for Covid 19 recovery as well as ensuring access to green space and nature. SPM is also, therefore, very relevant to this agenda.
What actions might local authorities take to support SPM?
This section provides a more detailed outline of the powers and responsibilities of local authorities and the way these can support SPM. It is important to differentiate the core functions of local authorities; and their duties and powers in each instance because these often dictate the political will and level of resource that is applied. Conversely it is important to note that local authorities are not bound solely by their core functions and responsibilities. Local authorities have a long history of using their discretionary powers to develop innovative action to address issues that are important to local communities. The legal framework for local authorities recognises the importance of taking action to benefit or improve the local area. This includes powers to purchase land by agreement for these purposes. Since the Local Government Act 2000, local authorities have had a general power to act so that they would not need to identify a specific power or duty to act in all circumstances. This has recently been amended by the Local Government and Elections (Wales) Act 2021 to address the perception that the original power was too restrictive because it referred to the need to address the economic, social or environmental wellbeing of the local area. This section also outlines opportunities to take action to support SPM through a local authority’s own operations and the development of policies only indirectly related to their core functions and duties. Of course, there are financial constraints on this and political perceptions of the significance of such action will also be important.
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Local Authorities and Sustainable Peatland Management: Current Opportunities and Future Possibilities for Local Approaches
Figure 9 Powers and Responsibilities 0f Local Authorities Relevant to SPM
Core Statutory Functions
Land use planning
Land use planning is a core statutory function for local authorities and an essential means of supporting SPM. Support for SPM in land use planning can be achieved by the following:
(i) including information on peatlands in evidence gathering on green infrastructure and resilient ecological networks in the local area and including this in Local Development Plans; (ii) including peatland evidence in the ‘local evidence’ that contributes to applications for Developments of National Significance; (iii) evaluating peatland evidence in local development decisions; (iv) using planning conditions and section 106 agreements to provide for mitigation and compensatory measures for potentially damaging effects on peatlands.
The activities listed will require an adequate level of expertise on SPM within the local authority and having an adequate level of environmental expertise is a statutory duty under the system of Environmental Impact Assessment (EIA) referred to in this section.
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Local Authorities and Sustainable Peatland Management: Current Opportunities and Future Possibilities for Local Approaches
Including information on peatlands in evidence gathering on green infrastructure and resilient ecological networks in the local area and including this in Local Development Plans. Local planning authorities (LPAs) are tasked with collating evidence on green infrastructure, biodiversity and ecosystems resilience in the local area. Using this evidence LPAs must then work with other partners to identify areas in their Local Development Plan (LDP) that need to be safeguarded to support resilient ecological networks and maximise green infrastructure in the local area. These responsibilities are set out in Future Wales, the National Development Plan for Wales. Future Wales sets the direction for investment in infrastructure and development from a spatial perspective for the next 20 years and provides essential guidance to local authorities in producing their own Local Development Plans. Local Development Plans (LDP) must be in conformity with Future Wales and must also take into account national planning policy referred to as Planning Policy Wales (PPW (PPW). Green infrastructure is defined in PPW as “the network of natural and semi-natural features, green spaces, rivers and lakes that intersperse and connect places”. 2 It is often associated with green spaces in urban areas, but nature is everywhere and not always green! The reality is that natural infrastructure, including peatlands, exist and connect nature across urban and rural environments. Resilient ecological networks are described in Future Wales as: “networks of habitat in good ecological condition linking protected sites and other biodiversity hotspots across the wider landscape, providing maximum benefit for biodiversity and well-being.” 3 In particular, resilient ecological networks will expand and make connections between designated sites; and connect with the lists of principle species and habitats in s7 Environment (Wales) Act 2016 (s7 lists). As noted above, some peatlands may be the reason for designation of SSSIs and SACs whilst others may sit within designated sites. Some forms of peatland are also included on the s7 lists of priority habitats, i.e., upland flushes, lowland fens, purple moor grass and rush, reedbeds and blanket bog. PPW also specifically recognises that peatlands are an essential part of these resilient ecological networks. As noted above, a map of peatlands in Wales of peat >40cm has been provided by NRW and details of SSSIs in the local area and their management plans are available on NRW’s platform for protected areas. This can be used in conjunction with other mapping by NRW, on ecological networks, biodiversity hotspots, ecosystem services and opportunities for habitat creation, to ensure that the contribution of peatlands to biodiversity and well-being are considered. The contribution of peatlands is also outlined in practitioner guidance on resilient ecological networks produced by NRW. Together these sources of evidence can help in understanding how peat resources can be viewed as part of resilient ecological networks.
2 Welsh Government Planning Policy Wales (edition 11) ( 131 3 Future Wales the National Plan 2040 (Welsh Government, 2019) 76
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Local Authorities and Sustainable Peatland Management: Current Opportunities and Future Possibilities for Local Approaches
Area Statements may also be useful in providing evidence on priorities in terms of peatland action. Area Statements are created by NRW to help map key environmental themes and areas for priority action. Local planning authorities must have regard to Area Statements when creating Local Development Plans and these are a material consideration in any land use planning decision. Published information on Area Statements does not always refer to peat, but information on peatlands will feed into evidence gathering for these statements. Resilient ecological networks can help to deliver a range of ecosystem services: including carbon storage (and in some circumstances carbon sequestration), floodwater regulation, tourism and recreation, and physical and mental well-being. As outlined above, these are all ecosystem services that are provided by peatland habitats. It is notable that the significance of peatlands as a carbon store is specifically referred to in Future Wales as part of a network of carbon sites considered to be an important national natural resource. NRW has also produced a map of the carbon stocks provided by peatlands and a map of the CO2 emissions across the Wales peatland areas. Including peatland evidence in the ‘l ocal evidence ’ that contributes to applications for Developments of National Significance. There are two forms of development – Development of National Significance (DNS) and Local Development. Local Development refers to applications that are decided by local planning authorities (LPAs). Planning applications for DNS are decided on behalf of Welsh Government, by the Planning and Environment Directorate for Wales (PEDW). Applications for DNS involve a range of large infrastructure projects defined by certain thresholds, e.g., onshore windfarms that create more than 10MW. Future Wales, the national land use plan for Wales, sets out Welsh Government’s ambition for the development of infrastructure projects across Wales. The most significant form of DNS with respect to peatlands is onshore wind farm development. This is because many windfarm developments are located in the upland peatlands of Wales. Significantly, onshore wind energy is the only form of infrastructure for which Future Wales provides specific spatial locations to guide development. These are referred to as Pre-Assessed Areas for Wind Energy. There is a presumption in favour of large-scale wind energy development (including repowering) in these areas which can only be rebutted where there is evidence of unacceptable adverse impacts. There is an indicative list of factors to be considered in this regard, which includes reference to designated sites and protected habitat types. However, it is not an exhaustive list so unacceptable adverse impacts may also include more general impacts on the protection of biodiversity and ecosystems resilience, and the development of resilient ecological networks. This will be important in the context of peatlands given that not all peatlands sit within designated sites or are within the s7 lists. Local authorities have a duty to submit a Local Impact Report in relation to DNS in their area. PEDW has a duty to have regard to this Local Impact Report. Local Impact Reports include details of likely social, economic and environmental impacts of the proposed development at a local level. As outlined above, SPM can contribute to all aspects of wellbeing so, conversely, developing on peatlands may have negative impacts in all or any of these respects. The Local Impact Report can also include ideas for planning conditions
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Local Authorities and Sustainable Peatland Management: Current Opportunities and Future Possibilities for Local Approaches
(which they will be responsible for enforcing) and section 106 agreements (see Guidance on Local Impact Reports). T he use of planning conditions and section 106 agreements can be important in providing for measures to mitigate or compensate for impacts on peatlands. This is discussed in detail below. Evaluating peatland evidence in Local Development Decisions. Evidence on peat at a potential development site can also form part of an environmental statement accompanying a planning application for Local Development. This evidence is compiled by, or on behalf, of the developer and is a legal requirement as part of the process of Environmental Impact Assessment (EIA) for some forms of development. For example, an environmental statement is necessary for windfarms of more than 2 turbines if they are likely to have significant environmental effects. If those 2 turbines will produce less than 10MW it will form Local Development to be decided by the local authority. If an environmental statement is required, it will set out the ‘likely significant environmental effects of the development’ and this evidence must be taken into account in decision making on the application. With respect to peatlands, a peatland survey can establish whether peat is present, the extent and depth of the peat on the site and its condition state(s). The environmental statement must set out the ‘baseline scenario’ from this peat survey and any potential effects on the peat of different aspects of the development. It will then provide a judgement on the significance of those effects and measures that might be taken to mitigate or compensate for them. Mitigation measures are often set out in a peat management plan and following this plan can be a condition of the planning permission. Local authorities have a legal duty to ensure that they have sufficient expertise to evaluate the evidence in an environmental statement. They should, therefore, have the expertise to critically assess the quality of evidence on the potential effects of development on peatlands, the significance of those effects, and the adequacy of any measures for mitigation or compensation. Using planning conditions and section 106 agreements to provide for mitigation and compensatory measures for potentially damaging effects of development on peatlands. LPAs have wider powers to impose conditions on planning permission for Local Development ‘as they see fit’. Planning conditions are an important tool in ensuring the mitigation of the effects of new development on the environment. LPAs also have an important role in putting forward conditions with respect to DNS as part of the Local Impact Report. Planning conditions may, therefore, be significant in ensuring that where development does take place on peatlands any potentially damaging effects are appropriately managed. Where a peat management plan has been produced as part of the application process, compliance with this plan can be included in a planning condition. ‘Section 106 agreements’ can also be used in certain circumstances to add ‘value’ to the nature conservation interest at the site and/or to take mitigating measures with respect to environmental harm. They may also provide for compensation for environmental harms, sometimes referred to as ‘off-setting’. In the context of development on peatlands, a section 106 agreement could be used to provide additional land and/or funds for SPM, particularly peat restoration activities which are very costly.
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Local Authorities and Sustainable Peatland Management: Current Opportunities and Future Possibilities for Local Approaches
Flood prevention
Local authorities are responsible for creating local flood risk management strategies to address local flood risks from surface run off, groundwater and ordinary water courses (that do not form part of Wales’ main rivers). The strategy must set out how it relates to wider environmental objectives, which could include peat restoration. This would also sit well with the local authority’s duty to ‘aim to make a contribution to sustainable development’ in their flood defence operations. NRW, other local authorities and water companies, all have duties to consider this strategy in their own flood risk management activities. Local flood risk management strategies, therefore, have the potential to encourage SPM as a ‘nature-based solution’ to flood mitigation among other organsiations. Local authorities also have powers to carry out flood risk management works to help implement their local flood risk management strategies. Flood risk management works may be used to maintain or restore natural processes and/or monitor, investigate or survey a location or a natural process. I n addition, local authorities have powers to designate structures or natural or man-made features of the environment that affect flood risk (or coastal erosion risk) with the effect that consent is required to alter, remove or replace the structure or feature. This allows the local authority to protect assets that are important to flood risk management but are not in its ownership. These powers of local authorities to take action on flooding may assist in developing nature-based solutions to flooding such as peat restoration. Flood risk management may be viewed as a core function of local authorities, given their duties to provide strategies and designate structures and features that present a flood risk. However, crucially, they have powers rather than duties to develop flood risk management works. These works will, therefore, be dependent on funding streams. The flood risk management activities of local authorities are also restricted by their local administrative boundaries, which will not necessarily fit with relevant natural boundaries. In addition, these activities are also restricted to sources of flooding related to surface run off, groundwater and ordinary water courses. For all these reasons, developing nature-based solutions to flood risk management will require a multi-level partnership approach involving other actors such as NRW and the Wales Flood and Coastal Committee Access to peatlands Local authorities have extensive powers and duties with respect to access to the countryside that can also be important in providing access to peatlands for local community engagement. Promoting access to peatlands is important in helping communities to engage with these areas, but it is also necessary to ensure that the needs of the natural environment are considered.
Public Rights of Way
Public rights of way provide public access to routes for walkers, cyclists, horse riders and vehicles depending on their designation. Local authorities must provide ‘definitive maps’ of public rights of way (PROWs) for their area and are responsible for their signposting,
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