Restoring balance: hidden statutory guidance for SSSI management

A useful piece of guidance emerged from our research this year. The CLA completed a key piece of work for members surrounding the management of Sites of Special Scientific Interest (SSSIs) in Penwith, Cornwall, and uncovered the long-lost document “Sites of Special Scientific Interest: Encouraging Positive Partnerships”.

For those interested, you will find a link to the document hosted below. At the time of writing, it was very hard to find anywhere else online.

This ministerial guidance should be a cornerstone for Natural England (NE), landowners and conservationists alike, aiming to foster collaborative management of these vital ecological sites.

However, its current absence from both NE’s and Defra’s websites has raised concerns among landowners and stakeholders. Namely, the document’s status, NE’s understanding of it and whether it has been informing the way that NE deals with members when they go about their many tasks relating to SSSIs. The requirement for the publication of this guidance is mandatory under section 33 Wildlife and Countryside Act 1981 so it is concerning that it has been unavailable to the public for so long.

Despite its seeming removal from the internet, the statutory guidance remains in force. This has been confirmed to the CLA by Defra. Alarmingly, this confirmation from Defra came one calendar month after Natural England set out to the Secretary of State that its understanding was that the guidance was no longer current and was not at the time of the SSSI designation in question.

This was in the context of a section 28F appeal, looking at challenging a decision by NE in relation to an application for consent for an activity on a SSSI. This misunderstanding has sparked a discussion about the need to either allow the existing guidance to be available to the public or for updated guidance that reflects contemporary conservation practices and landowner concerns. There has been new legislation in this area since 2003 and the direction should ideally be updated as legislation would obviously take precedence over guidance if there was a conflict.

The 2003 guidance has a strong emphasis on the importance of positive partnerships between landowners and conservation agencies. It aims to create a framework where both parties work collaboratively to manage SSSIs effectively. However, many landowners have expressed feelings of disconnect with current practices, stating that their experiences with the process of designation and conservation agencies generally have not always felt like a partnership. In some cases, quite the opposite.

Some strong views from those that have recently dealt with NE underscores the need for any future revisions to ensure key stakeholder involvement from the start of the process.  The CLA will as ever be front and centre here.

The statutory guidance on SSSIs should play a critical role in shaping the relationship between landowners and conservation agencies. While the original document remains in force, its removal from the internet has caused some concern. It is essential that if it is to be redrafted in the future, any updated guidance fosters positive partnerships, encourages collaboration, and reflects contemporary conservation practices. It should also emphasise that Natural England should have regard to traditional land management practices on the site in question, and the extent to which they have contributed to its special interest. By doing so, we can ensure that SSSIs are managed effectively for the benefit of both the environment and the landowners who steward these vital resources.