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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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