SPAs are areas which have been identified as being of national and international importance for the breeding, feeding, wintering or the migration of rare and vulnerable species of birds found within European Union countries. They are European designated sites, classified under the ‘Birds Directive 1979’ which provides enhanced protection given by the Site of Special Scientific Interest (SSSI) status all SPAs also hold.
The Bird’s Directive (EC Directive on the conservation of wild birds (79/409/EEC) came into force in April 1979. It covers the protection, management and control of all species of naturally occurring wild birds in the European territory of member states. In particular it requires member states to identify and give special protection to areas for the rare or vulnerable species listed in Annex 1 of the Directive and for regularly occurring migratory species.
The Birds Directive provides no formal criteria for selecting SPAs, so the JNCC, on behalf of the statutory country conservation agencies and government, published SPA Selection Guidelines for use in the UK.
These criteria are:
If the area is used regularly by 1% or more of the Great Britain population of a species listed in Annex 1 of the Directive.
If the area is used regularly by 1% or more of the biogeographical population of a regularly occurring migratory species (other than those listed in Annex 1) in any season.
If the area is used regularly by over 20,000 waterfowl or 20,000 seabirds in any season.
Various combinations of criteria involving considerations such as population size and density, species range, breeding success, history of occupancy, multi-species areas, naturalness of site, severe weather refuges.
SPAs are also designated as Sites of Special Scientific Interest (SSSI) .
The legal requirements relating to the management and protection of SPAs in England are set out in the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended). All terrestrial SPAs in England have also been notified as Sites of Special Scientific Interest (SSSIs).
Designation of an SPA is unlikely to have a major affect on how SSSIs are already managed to conserve their biodiversity. We will work in partnership with those who own, use and manage land to make any necessary changes in the way in which it is managed. Where necessary, we may be able to help costs of any special management by entering into an agreement with owners or occupiers.
Every SSSI notification contains a list of potentially damaging operations. By law, owners or occupiers must inform us in writing and obtain our permission before carrying out any of these listed operations. There is a right of appeal to Defra if permission is refused.
It is an offence to carry out notified potentially damaging operations on a SSSI without our consent or reasonable excuse. The courts may also require restoration of any damage caused by unauthorised works.
However, it is a reasonable excuse not to obtain our permission if:
the operation is an emergency;
or permission has been received from another statutory body which has consulted Natural England first.
Planning authorities can also insist that developments that have been carried out without necessary planning permission are removed.
We have a duty to try and ensure that SPAs are managed favourably for conservation in line with the Habitats Directive. Our experience is that it is usually possible to jointly agree solutions where sustainable land use and wildlife can flourish.
The information set out here is only very general. We are always happy to discuss any concerns and to offer advice and guidance. You can find your local Natural England office here.
Further information on Special Protection Areas and European sites is available through the following links:
A full list of SPAs in the UK is available on the Joint Nature Conservation Committee website
A full list of SPAs in England is available on the Joint Nature Conservation Committee website
The nature conservation section of the European Commission website
Government Planning Policy Statement 9 on the Department for Communities and local Government website
The Conservation (Natural Habitats,&c) Regulations 1994 (SI 1994 No 2716)
The Council Directive 79/409/EEC on the conservation of wild birds