The Lost Paths – A history of How We Walk from Here to There. By Jack Cornish. Penguin Michael Joseph, London. Hardback. £20. 399pp.  2024

The author is ‘Head of Paths at the Ramblers, Britain’s largest walking charity’ so says the cover blurb, and he packs a lot into this very readable and enjoyable book. He has walked across Britain from Land’s End to John O’Groats, and spent seven years researching this book and walking all over England and Wales. There are a dozen chapters broken down to three sections: Land, Life and death and Water with relevant road issues dropping into each section.  We are advised that when the Romans arrived there were already main paths or tracks, which are mentioned in his ‘Ancient Highways’ and his ‘Prehistoric Routes’   – often following animal routes – ‘wild animals were the first path makers’. (They still are in wilder parts of France –  a JF comment: made by solitaire male wild boars). He peppers his text with his first- hand accounts of his walks, for instance finding the lost roads above Sheffield and on the Moors; or on Drove Roads.  On Roman roads he says ‘It could be said that their (Roman) roads are the Archetypical lost paths.’  His sections on how turnpikes came about and local labour was used, how the railway infrastructure and the Enclosures changed things are all explained, in this circuitous country. Of the Salt Ways he creates an interesting salt map in north England. His section on battlefield routes is fascinating and he says the state of the roads must have been good for Harold and his men to cover the 200 miles for the Battle of Hastings in four and half days. Of the eroding coasts and loss of walkways, he speaks so well from experience trying to carry on walking when the (OS) route on the map does not equate to the way ahead. What is so good about the text is that it is interwoven with quotes from English literature. I was fascinated to learn that William Wordsworth was such an agitator against landowners blocking up footpaths (when he visited Lowther Castle in 1836 tossing rocks from a deliberate obstruction). Fast forward to the ‘scum of the earth’ ramblers case in 1998 of ESCC vs. Van Hoogstraten is described. This is definitely a good read for all walkers and ramblers; and a good book just to dip into.  The text is packed with fascinating information and there is a comprehensive index and plenty of references to explore further texts. The author does not let any side comments pass, and his long footnotes are fascinating in themselves. As an author I know that it is difficult to not include lots and lots of information, and in this well-researched book it shows in its comprehensiveness. Footnote: ‘The Saxons gave a lot to our naming of paths’: the word ‘way’ comes from the Anglo-Saxon ‘weg’.

 

 

 

 

 

 

 

 

 

 

 

      Climate and Nature Bill   (2024)   The ‘CAN’ Bill               

   (Briefing Note from Dr John Feltwell, Dip EC Law of Wildlife  Matters . 5 Jan 25)

Summary – the Bill seeks

• To limit the global mean temperature increase to 1.5 degrees C
• To ‘visibly and measurably’ see species and habitats ‘on the path of recovery’, to be measured from 2020-2030.
• To abide by the UNFCCC and the Paris Agreement,
• To abide Leaders’ Pledge for Nature, 2020
• To abide by the Kunming-Montreal Global Biodiversity Framework, 2022
• To abide by the UNCBD and its protocols , 1993.

The Bill

This Private Members’ Bill was presented to parliament by Alex Sobel on 21 March 2024  and supported by a dozen MPs, mostly Labour, Lib Dems and Green Party –that included notables Caroline Lucas and Ed Davey.

Progress through The House

The Second Reading is scheduled to take place on 24 Jan 2025.

The official  ‘Long Title’ is

A Bill to require the United Kingdom to achieve climate and nature targets; to give the Secretary of State a duty to implement a strategy to achieve those targets; to establish a Climate and Nature Assembly to advise the Secretary of State in creating that strategy; to give duties to the Committee on Climate Change and the Joint Nature Conservation Committee regarding the strategy and targets; and for connected purposes.

 It has two OBJECTIVES  – to ensure that the UK

 (a) reduces its overall contribution to global greenhouse gas emissions to net zero at a rate consistent with—

 (i)  limiting the global mean temperature increase to 1.5 degrees Celsius compared to pre-industrial levels as defined by the Intergovernmental Panel on Climate Change; and

1. ii) fulfilling its obligations and commitments under the UNFCCC and the Paris Agreement, taking into account the United Kingdom’s and other countries’ common but differentiated responsibilities, and respective capabilities, considering national circumstances; (‘the climate target’); and

(b) halts and reverses its overall contribution to the degradation and loss of nature in the United Kingdom and overseas by—

 (i) increasing the health, abundance, diversity and resilience of species, populations, habitats and ecosystems so that by 2030, and measured against a baseline of 2020, nature is visibly and measurably on the path of recovery;

1. ii) fulfilling its obligations under the UNCBD and its protocols and the commitments set out in the Leaders’ Pledge for Nature 58/4 5 10 15 20 Bill 192 2 Climate and Nature Bill and the Kunming-Montreal Global Biodiversity Framework; and

 (iii) following the principle of common but differentiated responsibilities; (‘the nature target’).

The Bill has the following definitions of ‘nature’ as

“nature” includes— (a) the abundance, diversity and distribution of animal, plant, fungal and microbial life, (b) (c) the extent and condition of habitats, and the health and integrity of ecosystems;

And the definition of ‘ecosystems’ as

“ecosystems” includes natural and managed ecosystems and the air, soils, water and abundance and diversity of organisms of which they are composed.

Biodiversity  – one big ask

Most of the Bill is about C02, but on Biodiversity there is not so much, only the following statement, and a request to abide by previous pieces of biodiversity legislation

Restoring and expanding natural ecosystems and enhancing the management of cultivated ecosystems, in the United Kingdom and overseas, to protect and enhance biodiversity, ecological processes, and ecosystem service provision;

The three previous biodiversity commitments are:

1. fulfilling its obligations under the UNCBD and its protocols and the commitments set out in the Leaders’ Pledge for Nature 58/4 5 10 15 20 Bill 192 2 Climate and Nature Bill and the Kunming-Montreal Global Biodiversity Framework; and

Unpicking this statement, there are three biodiversity legal issues:

1. “the Leaders’ Pledge for Nature” means the agreement of the United Nations Summit on Biodiversity of 28 September 2020; and
2. “the Kunming-Montreal Global Biodiversity Framework” means the framework adopted by the decision of the Conference of the Parties to the Convention on Biological Diversity in Montreal on 19 December 2022; and “the Mitigation and Conservation Hierarchy” means the hierarchy adopted by resolution 58 of the World Conservation Congress at the International Union for Conservation of Nature from 1 to 10 September 2016. and
3. “UNCBD and its protocols” means the United Nations Convention on Biological Diversity, which entered into force on 29 December 1993, and all subsequent agreements and protocols arising from it;

Overall Comment

If all of these recommendations and commitments are upheld the steady plod of the Anthropocene will be stopped, C02 levels curtailed, and everything will be fine. However, history tells us that even after 30 years the 1993 initiatives have not been followed which is why the Anthropocene is upon us.

How will the Climate and Nature Bill fit into local politics?

If enacted, the Act will require Rother District Council to abide (especially) by the paragraph highlighted in red above, and their own declaration of the Climate Emergency in 2019.   They only have five years from NOW.

 Dr John Feltwell, BSc (Hons Zoology), PhD (Botany), FLS, FRES, FRSB, FLLA, Dip EC Law,  Henley’s Down, Battle, TN33 9BN.   07793 006832 john@wildlifematters.com   www.wildlifematters.com

 ends

The Environment Act 2021 –  10% net gains now mandatory

(This is a preliminary review, awaiting commencement date – either from a Commencement Order, or , if not, the evening of 9 Nov 2021)

 The Environment Act 2021 was given Royal Assent on Tuesday 9 November 2021.[1]

NOT to be confused with The Environment Act 1995, especially where sections 4,5,6 on controlling pollution and ‘conserve and enhance’ are concerned.

The Environment Bill had this official long title:

‘A Bill to make provision about targets, plans and policies for improving the natural environment; for statements and reports about environmental protection; for the Office for Environmental Protection; about waste and resource efficiency; about air quality; for the recall of products that fail to meet environmental standards; about water; about nature and biodiversity; for conservation covenants; about the regulation of chemicals; and for connected purposes.’[2]

A new body will be set up called the Office for Environmental Protection (OEP).

Much of the Act is about sewage, but this briefing note is about the natural environment.

The OEP, according to George Eustice (Environment Secretary), will have five roles, which will be legally binding; these will strengthen the government’s commitment to ‘building back greener’ :

1. The integration principle
2. The prevention principle
3. The rectification at source principle
4. The polluter pays principle
5. The precautionary principle

Further explanations of these are on gov.uk 2021[3]

If you think the last two principles are familiar, that is because they are in the 1992 Rio Declaration, of which the UK was a signatory.

Net Gain – key points[4]

• Developments ‘Must satisfy 10% net gain in biodiversity points’,
• Must be satisfied before planning permission is given
• It is the duty of the LPAs to ensure compliance (expect variable uptake then!)
• ‘The habitats created must be managed for up to 25-30 years’

Exceptions (only two)  are

1. ‘Householder developments’.
2. ‘Specific development on infrastructure land by providers or nationally significant infrastructure.’

Leniency is proposed for smaller sites to prevent disproportionate costs..

Net Gain delivery  – more key facts

The government requires all 35,000 developers to deliver these gains.

It estimates they they will have to pay out £900 per ha for site surveys, and £19,698 per ha for habitat creation (advised by RSPB, NT, Wildlife Trusts), inclusive of 30 years maintenance as well.

The government think net gain will help to achieve the 25-year environment plan (Defra, 2018).  They also think it will create a ‘level playing field’ for developers.

The gains have been estimated to achieve a monetary value of £1,395.7m. ‘These benefits do not fall within the 10 year appraisal period, as it is expected that developers take 20 years to create the desired habitat condition.’   So delayed monitoring will have be built into each development Site.

 It is believed that ‘29% of residential developments already deliver net gain is based on evidence that six developers have some form of habitat mitigation and creation policy.’

 The government believe that most net gains will continue to occur on site, though, off-site gains, as offsetting’ is likely to increase. This seems reasonable.

Whilst this consultant already knows some Councils who seek substantial payments of money per ha for biodiversity projects off-site the government have worked out that The assumption of the cost per biodiversity unit at £11,000 is satisfactorily supported’

                                                   

Other major changes

• The Environment Bill ‘builds on this strong foundation, and maximises the opportunities created by leaving the European Union, underpinning our goal of delivering a Green Brexit.’[5]

If you want to know what a Green Brexit is, go to Soil Association video.[6]

• Statutory Environmental Improvement Plans (the first being the 25 Year Environment Plan) will be created to ensure government can be held to account.
• Local Nature Recovery Strategies will be established across England, to ‘support better spatial planning for nature recovery…’
• Forestry Enforcement Measures will be introduced to give Forestry Commission powers to impose larger fines for illegal tree felling. (currently fines, when imposed are paltry).

            

[1] Hansard, 9 Nov.2021

[2] Gov.uk 8 Nov 2021. Environment Bill. Commons insistence, disagreement, amendments in lieu and reasons.  https://bills.parliament.uk/publications/43515/documents/910 (accessed 12 Nov 2021)

[3] Gov.uk. 2021. Press Release. From Defra and The Rt Hon George Eustice MP, dated 10 March 2021.  Consultation launches on on environmental principles.  Five legally binding principles will guide future policymaking to protect the environment. https://www.gov.uk/government/news/consultation-launched-on-environmental-principles (accessed 12 Nov 2021).

[4] Regulatory Policy Committee, 2021. Biodiversity net gain Department for Environment, Food and Rural Affairs RPC rating: fit for purpose.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/858037/2019.06.06_-_RPC-4277_2_-DEFRA-EA_biodiversity_net_gain.pdf  6pp. Date of issue 06.06.2019, but current and on site when accessed  www.gov.uk/rpc  (accessed 12 Nov 2021)

[5] Defra, 2021. Policy paper 30 January 2020, Updated 6 September 2021: Environment Bill 2020 policy statement Department for Environment Food & Rural Affairs (https://www.gov.uk/government/organisations/department-for-environment-food-rural-affairs). (accessed 12 Nov 2021)

[6] Soil Association 2021  Green Brehttps://www.soilassociation.org/causes-campaigns/green-brexit/ (accessed 12 Nov 2021)

 

National Habitat Network Maps (May 2020)

Whatever your opinion about Natural England (NE) with its vaste network of www links, these links are always useful when eventually found. Such is the case with the latest version of the NHNM, published May 2020. It builds on ‘Making Space for Nature, A Review of England Wildlife Sites and Ecological Network’(Lawton et al., 2010), the 25 year Environment Plan (11 Jan 2018, updated 16 May 2019), Theresa Villier’s (Defra) speech of 15 October 2019),and the Environment Bill (2020) – and other reports!  It aims to enhance biodiversity and be good guidance for local considerations in the planning system.

The key to the maps as referred in the title is that its initiative is based on the preparation of ‘individudal habitat network maps’ of the 23 Priority Habitats. All these priority habitats, ranging from calcareous grasslands, through various heathlands,bots, dunes, shingle to Ancient Woodlands and Wood-pasture & Parkland, are all as statutorily listed under Section 41 of NERC (2006).

What is new is that it now recognised generous buffer areas around these protected areas, and this is now shown in magic.gov.uk as different coloured shaded areas. Not only are ‘Primary habitats’ e.g. Ancient Woodland shown, but ‘Associated Habitats’ shown. These are described as ‘Other priority habitat types that form a mosaic or an ecologically coherent group with the landscape and may, for example, be essential for some species associated with the primary habitat.’  The close association of ‘Ancient Woodland’ and ‘Wood-pasture & Parkland’ are typical. There are new enhancement areas proposed ‘Network Enhancement Zones’ (two of them, Zone 1 and Zone 2) where ‘creation of primary habitat’ is recommended (that will actually be a tall order, as some habitats cannot be recreated as per advice from NE).  These Priority Habitat patches are also recommended to be ‘buffered by 500m’. That is quite a substantial distance, when some LPAs only currently require 30m buffering, but they will have to get used to greater protection of some habitats, such as Ancient Woodlands that are now regarded as ‘irreplaceable’.

This report will be useful to LPAs, developers and consultants with regard to further protection of the countryside.