Common Land Guidance Sheet 8
Updated 14 September 2018
Applies to England and Wales
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Sites of Special Scientific Interest and other European Conservation Sites
It is strongly recommended that you carry out informal consultation on all proposals affecting common land. This is particularly important where land is also designated as a Site of Special Scientific Interest (SSSI) because SSSIs are subject to their own special statutory protections. Similar considerations apply for internationally designated sites, that is, sites designated or proposed for designation as a Special Area of Conservation under the Habitats Directive (Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora) or a Special Protection Area under the Wild Birds Directive (Council Directive 79/409/EEC on the conservation of wild birds) or Wetland listed in accordance with the Ramsar Convention.
Where any works you propose are in or near an SSSI you should discuss your proposal with Natural England at a very early stage; it will advise you on any special constraints and requirements that may apply. You must consult Natural England when a section 38 application is made, so that it has an opportunity to comment within 28 days.
In this way, the requirements of section 28G of the Wildlife and Countryside Act 1981, as amended by Schedule 9 to the Countryside and Rights of Way Act 2000, will be met. As a ‘section 28G authority,’ we must take “reasonable steps” when considering section 38 applications in or near SSSIs “to further the conservation and enhancement of the flora, fauna or geological or physiographical features” that have led to the designation of the site. In reaching a decision, we must balance this with our duties under section 39 of the Commons Act 2006.
If Natural England has outstanding concerns about a section 38 application, but we are minded to give consent, we must let it know at least 21 days before we decide the application and attempt to resolve any differences with it.
For proposals that are likely to have a significant effect on international sites (Special Area of Conservation (SAC), Special Protection Area (SPA) or sites listed in accordance with the Ramsar Convention on Wetlands), we will need to carry out an appropriate assessment, in accordance with regulation 48 of the Conservation (Natural Habitats etc) Regulations 1994, before deciding the application.