Wales is already one of the most nature-depleted countries in the world. World leaders, including the Welsh Government are meeting this week in Columbia at COP16 Biodiversity Conference seeking how to recover nature.
Last year the then Cabinet Secretary for Housing, Local Government and Planning Julie James MS amended Wales' national planning policy, Planning Policy Wales (PPW), to protect Sites of Special Scientific Interest (SSSIs). These are the jewel in our nature conservation crown in Wales and are nationally designated for their nature conservation interest as they are home to some of the rarest wildlife remaining in Wales. This should give planners a clear signal developing on or adjacent to SSSI is fundamentally not to be given.
At the time it was seen as a major step forward in the protection of nature and leading Welsh barrister Megan Thomas KC says of PPW.
“This new policy greatly increases the level of protection given to SSSI in the face of development threats, and the changes have been described as "colossal". These changes mean that here in Wales, our planning system has the strongest protection for SSSIs of any of the four UK countries, by a country mile.”
Central to this new approach to SSSI and development is a new test, which says that development can only take place on SSSIs in "wholly exceptional circumstances", and this has become known as the "WEX Test". The first test of the Welsh Governments view came from Rebecca Evans the new Cabinet Secretary for Economy, Energy and Planning who this week has given planning permission for a development at Garn Fach in Powys. In her determination, she states that it passes the "wholly exception circumstances" test in view of the need to combat climate change and the peat restoration proposals of the developer.
Rachel Sharp Director of Wildlife Trusts Wales says:
“This week's decision to allow development on an internationally important peatland site goes against everything that the Welsh Government is saying about combating the nature crisis. This is a blow to nature in a week when the Welsh Government is making international commitments to nature at COP16. We know we need clean renewable energy but this must be placed where it doesn’t damage nature we want to see the right technology in the right place. Restoration proposals known as mitigation are never fully implemented, monitored or maintained so are meaningless”
This site is hydraulically linked to the River Wye Special Area of Conservation and abuts the Elenydd SSSI, one of the most important areas in Wales for nature conservation and of outstanding interest for its range of breeding birds. The site contains an internationally important peatland habitat. Peat bogs are described as a ‘no brainer’ by the Welsh Government when considering habitat restoration due to their ability to store carbon and alleviate flooding. Building wind turbines on top of peat will disturb not just peat under the footfall of the turbine but also the access roads needed for construction and maintenance.
This lack of clarity and this week's decision by the Welsh Governemnt is an open invitation for developers to argue for other damaging development proposals, which will drive a coach and horses through their own planning policy. The Wildlife Trusts are calling for a moratorium on the development of all SSSI, and specifically for the Welsh Government civil servants to produce guidance on what constitutes and does not constitute a wholly exceptional circumstance in the context of chapter 6 of Planning Policy Wales. Clarity is needed as it will be critical in defending areas such as the Gwent Levels. Here over a third of the SSSI are at threat from proposed solar power stations. We are now concerned that this decision leaves the door wide open for these developments to proceed.
