Orchard Network

The NERC Act was something of a milestone in the relationship between local authorities and conservation planning. Section 40 contains, for the first time, a general but statutory duty:

“Every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity”

The Duty applies to all local authorities, community, parish and town councils, police, fire and health authorities and utility companies.

Planning Obligations

If you are contemplating the loss of all or part of an orchard to development The Guidance for Local Authorities in Implementing the Duty describes how financial contributions can be taken from developers specifically for use in nature conservation:

“Planning obligations are particularly useful when seeking to secure enhancement or mitigation outside of the application site, for example, through financial payments to ensure improved and ongoing management of nature conservation sites”.

For example, should part or the whole of an orchard be lost to development, it might be acceptable to take contributions for the maintenance of another orchard in the district that has been identified as a site of conservation value and is under management by a conservation body such as the County Wildlife Trust.

National Links

The NERC Act

NERC Act: Guidance for Local Authorities