This page is under development as part of the PAS/Natural England Protected Site Strategies project. We are updating it as we go along, so come back soon to see further progress.
What are Protected Sites?
Aerial photo of the Tees Estuary
A protected site is a defined area of land, water, or sea that has legal protection to conserve our most important wildlife (species and habitats), landforms and/or geological interest. A protected site is defined in the Environment Act as a European site, Site of Special Scientific Interest(SSSI) or marine conservation zone.
SSSIs underpin the protection of all terrestrial protected sites, so all European sites are also protected as SSSIs.
There are 4,100 SSSIs in England, covering 1.1 million hectares (about 8% of England’s land area). SSSIs are located across the country from city centres to the most remote coasts and mountains and range in size from over 62,000 hectares to just a fraction of a hectare.
What are Protected Site Strategies and why do we need them?
The UK is one of the most nature-depleted countries in the world, despite the protected status of these important sites. Nature is vital for our wellbeing, so we need to support it to flourish again. Protecting and looking after what we have in these areas is vital to protect the biodiversity and geological interest they hold and because these sites underpin wider nature recovery across our land and sea, as the core of the Nature Recovery Network (NRN).
Many protected sites are in a condition that does not support their important habitats, species and geological features well enough. Often pressures from outside site boundaries, including climate change, pollution and coastal squeeze, are causing declining condition. The legislative and policy framework for protected sites to date has not improved this situation.
The Environment Act 2021 brought in Protected Site Strategies (PSS) in recognition of the need to help out these precious areas. The Act provides a new power for Natural England to ‘…prepare and publish a strategy for a) improving the conservation and management of a protected site, and b) managing the impact of plans, projects or other activities…on the conservation and management of the protected site’.
The Autumn Budget 2024 announced £13 million to expand Protected Sites Strategies in priority areas 'to support infrastructure and housing development while boosting nature recovery'.
Why do local authorities need to be involved?
Natural England has the power to prepare, produce and report on PSS, but recognises local authorities are crucial to the design and delivery of these strategies. They have provided funding to PAS to engage with local authorities on their role in developing PSS and to produce guidance for local authorities.
Watch our introductory video to find out more.
PAS has been talking to local authorities, from District, County, Unitary and Combined to National Parks, to find out what PSS could mean for them to ensure this new tool has the best chance for the best outcomes for nature. We produced a report with insights from our conversations in August 2024.
PAS hosts a network for local authority officers interested in nature recovery including PSS to:
keep them informed on the development of the national PSS programme;
help PAS design PSS guidance for LPAs;
provide a discussion forum on PSS and wider nature recovery; and
share case studies of good practice of process and application.
We host an online discussion forum & run events & training. Please fill out this Microsoft form if you are a local authority officer and would like to join.
PSS FAQs
These FAQs have been developed in conjunction with Natural England. If you have any further queries not addressed here please do get in touch at [email protected]
Natural England
All public bodies have a general duty to:
“take reasonable steps, consistent with the proper exercise of the authority’s functions, to further the conservation and enhancement of the flora, fauna or geological features by reason of which the site is of special scientific interest”.
This duty covers all the terrestrial protected sites covered by the PSS legislation including all the 'European sites' i.e. Special Protection Areas (SPA) and Special Areas of Conservation (SAC) and Ramsar sites - internationally protected wetland sites, as t. These sites have been are underpinned by SSSI designation. There are also similar duties in relation to these sites under the The Conservation of Habitats and Species Regulations (Habitats Regulations) for ‘competent authorities’.
Local authorities and other public bodies also have duties relating to operations they carry out on or likely to affect SSSIs and operations they permit that may affect SSSIs. Further information on public body responsibilities for SSSIs is available on GOV.UK
Some sites just have a SSSI designation
SACs, SPAs are all SSSI's AND 'European Sites'
As a competent authority, you must carry out an assessment under the Habitats Regulations, known as a habitats regulations assessment (HRA), to test if a plan or project proposal could significantly harm the designated features of a European site.
The two main circumstances local planning authorities will conduct HRAs are therefore:
Assessing a planning application
Preparation for the adoption of the local plan
Under the Environment Act Chapter 30 part 6 - 110 Protected site strategies
(4) A protected site strategy for a protected site may in particular -
(c) identify any plan, project or other activity that Natural England considers is necessary for the purposes of the conservation or management of the protected site.
The Act also sets out that local authorities must be consulted by Natural England on PSS in their area or where a plan or project that affects the protected site is in their area. They also ‘must co-operate with Natural England in the preparation of a protected site strategy so far as relevant to the person’s functions’. In addition, PSS must be considered in relation to local authorities’ duties under the Habitats Regulations, Wildlife and Countryside Act 1981 (for SSSIs) and the Marine and Coastal Access Act 2009 (Marine Conservation Zones)
Version 1 is due for publication in Spring 2025
PSS are part of a wider protected sites improvement programme as there are thousands of sites and many in an unfavourable & declining condition some will be suitable for a PSS and others will be addressed through other measures.
To guide selection Defra/Natural England are devising themes for the PSS implementation phase from April 2025 to 2029. These are likely to feature, place-making that boosts nature recovery and socio-economic well-being as well as helping to transform land use to boost rural enterprises and nature recovery.
From April 2025
The current multi-disciplinary research and development team at Natural England are likely to support the development of the first phase of PSS'. In addition the relevant Natural England area team to the site will provide key local support. Where appropriate to the site circumstances and agreed through local governance they will take the lead on the PSS process.
Government's autumn budget published on the 30th October 2024
Page 110 paragraph
4.107 ...and £13 million to expand Protected Sites Strategies in priority areas.
We do not currently know how this funding will be allocated and whether any will be available to local authorities.
Specific guidance on green finance for PSS has been commissioned by Natural England and will form a part of the PSS guidance version 1 due for publication spring 2025.
The PSS will be developed within a partnership. As part of the strategy measures and actions will be identified by that partnership and reviewed on a locally agreed time-scale. As the impacts affecting the condition of the protected site will be broad and at times complex (hence the need for a PSS) the agreed solutions and the organisations needed and collaboration necessary to achieve favourable status will be broad too.
The government published guidance on combining environmental payments with BNG in February 2023. This includes stacking credits & units from different nature markets
Existing strategic mechanisms:
Any existing strategic mechanisms that apply directly or in-directly to the site could be brought under the umbrella of a PSS. Such mechanisms could potentially when aggregated help to un-lock further investment.
SAMMS. There are many up and running already.
Other strategic plans that may have a budget attached including: Catchment Plans, nutrient mitigation plans, water company investment plans, existing project plans in the area.
BNG payments - see our BNG FAQ's 'Can off-site BNG be used to enhance a protected site?'
Green finance - expert guidance is currently being drawn up as part of the PSS Guidance version 1 by 3Keel and LUC-Land Use Consultants
A specific piece of work being commissioned now by Natural England to answer this question, it includes legal input as well. Any feedback from local authorities is welcome as the process is being developed ahead of the guidance.
To follow...
SAMMS (strategic access management and mitigation strategy)
These strategies are adopted in certain areas to ensure development proposals do not impact on 'European Sites' comply with the Habitats Regulations. Developers with proposed developments within a specified distance of the protected site/s can make a financial contribution to the SAMMS.
Whilst considering or developing a SAMMS authorities may identify existing and/or wider pressures that arise from outside the site they wish to address perhaps as part of a partnership, project or programme or as an opportunity to comply with their s40 NERC Biodiversity Duty Act duties. In which case a PSS could be progressed and the SAMMS would sit within the PSS as one of the tools/measures to help bring the site back into favourable condition alongside other measures.
SANGS (suitable alternative nature green space)
This is a recreational site, created to attract residents of new developments away from a protected site/s that are sensitive to recreational activities such as dog walking.
If there is development pressure associated with the protected site a SANG may be identified and created which could form part of a wider approach under a PSS. Natural England can provide guidance on Strategic Solutions for Addressing the Impacts of Recreational Disturbance / Pressure on Protected Sites.
The river catchment areas wholly or partly in England designated under nutrient neutrality have been so identified as sensitive for phosphorus or nitrogen where a protected site is considered in an unfavourable condition by virtue of pollution from nutrients in water from one or both of those nutrients.
Whilst addressing nutrient neutrality, authorities may identify additional pressures that arise from outside the site they may wish to address perhaps as part of a partnership, project or programme or as an opportunity to comply with their s40 NERC Biodiversity Duty Act duties. In which case a PSS could be progressed and the nutrient neutrality would sit within the PSS as one of the tools/measures to help bring the site back into favourable condition alongside other measures.
Habitats Regulations Advice for LPAs PAS commissioned a legal briefing on the implications of the Habitats Regulations for local authority decision making in the context of nutrient neutrality.
The Nature Recovery Network is a single, national network which will benefit people and wildlife and will provide an integrated approach to nature recovery. Protected sites will be at the heart of the NRN and will be enhanced and connected via new or improved wildlife-rich places forming the network. PSS will be a key way of securing enhancements both on and connecting to protected sites.
There is not set time period within the legislation for review. This will be set locally by the relevant PSS partnership but at this point it is envisioned it will be no longer than 5 years.
To follow...
Further links & guidance
Thanks to Dave Mitchell, Lead Adviser – Northumbria Team, Natural England for compiling this list of useful links.
There are a number of pages on GOV.UK that set out information on SSSIs. The SSSIs - managing your land webpage covers condition assessment, consents, appeals, enforcement and how Natural England makes a decision, plus it provides links to other pages. There is also a page setting out public body responsibilities for SSSIs; local authorities are one of the public bodies to which this advice applies. The Guidance on Duty to protect, conserve and restore European sites provides an equivalent summary on public body duties for European Sites.
Natural England's SSSI Impact Risk Zone tool for LPAs
The Natural England Impact Risk Zones (IRZs) are a GIS tool to help local planning authorities decide quickly and simply when to consult Natural England on developments that might affect a SSSI.
The tool can highlight whether a development proposal poses a risk to the notified features of SSSIs at any given location and requires consideration by Natural England.
Natural England has produced a short video which includes step-by-step instructions on how to use the new SSSI IRZs tool launched in July 2024. If you have any questions or your authority would like direct training from Natural England on SSSI IRZs, please contact [email protected]
