Designating an SSSI
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People we inform, consult and notify |
The stages of designation
SNH must follow a process set out in law to designate a new SSSI. There are two formal stages, notification and confirmation, and we will also talk to you first.
If a new SSSI is also part of a new Natura site then we may carry out a similar but separate consultation process on behalf of the Scottish Executive, at the same time.
Informal consultation
We need your help to protect SSSIs. If we are to work together we must succeed in explaining why a site is important and what the implications of notification are for its managers and how they manage the land. We will seek to discuss this and the notification process informally in full with you, before notification, to reach this understanding. We may also take this opportunity to discuss with you the development and content of a new Natural Care management scheme to help support your management to conserve the SSSI.
Approving a new notification
When we have assessed the scientific evidence, and any early comments from
informal consultation, one of the three SNH Areas Boards decides whether the
site should be formally notified. The members of these Boards represent a
wide range of interests and take decisions at a local level.
The Areas Board will be told about any known or likely reservations from owners and occupiers and consider them carefully. Only when the Board members are thoroughly satisfied with the scientific reasons will they issue approval, and notification can only proceed with their approval.
The notification process
Notification is the name given to the legal process that we must follow when we believe that an area of land is of special scientific interest. We must advertise formal notifications in the local press.
Serving notifications
We must notify a wide range of interested parties. Normally we notify owners and occupiers by sending the notification by recorded delivery post. Where the owner or occupier cannot be traced, we may leave the notification at their last known address or fix a notice to the land. The notification takes legal effect immediately it is served – even though you can still object to it.
SSSI notification documents
Notification consists of SNH sending the following documents to the interested parties, including each owner and occupier:
- a formal notification letter
- a brief description of the natural features and why they are important (the citation)
- a map showing the boundary of the site, and
- a list of operations requiring consent.
Together, these documents comprise the SSSI notification, and may be sent with a covering letter.
We must also send a site management statement with the notification. In these statements we provide you with guidance on how the natural features of your SSSI should be conserved or enhanced. We will usually discuss site management needs with you before writing a site management statement for a new SSSI.
We also enclose an application form for you to use to apply for consent to carry out any of the operations requiring our consent. These are operations which we think may damage the site’s natural features and which do not need the consent of another regulatory authority.
People we inform, consult and notify
In relation to the land to be designated as an SSSI, SNH must tell every owner and occupier and all relevant interested parties about the notification.
SNH does not advertise details of SSSI owners and occupiers, but legally we must make information on SSSIs available publicly in different ways.
We must keep a register of notifications for each planning authority’s area and planning authorities must make this register available for anyone to look at. The register includes all notifications and confirmations or withdrawal of notifications, but excludes owners’ and occupiers’ names and addresses. In addition, SNH keeps copies of the register and anyone can see these by arrangement with us. In due course, the Registers of Scotland will maintain the register of SSSIs and make this available through their website.
We publish brief details of new and existing notifications each y ear in SNH Facts and Figures, which accompanies our Annual Report.
Certain details of international designations are now available publicly on the JNCC website.
Objections to SSSI notification
Whilst we will always try to address your concerns, we recognise that sometimes we may not reach agreement about the notification of an SSSI.
If you want to object, you must write to us within three months of the date of notification of a new SSSI, or the extension or de-notification of an existing SSSI. If we cannot resolve any scientific objection from those with a legal interest in an SSSI we must refer the matter to the independent Advisory Committee on SSSIs.
Ten years or more after an SSSI was first notified you may object on the basis of new scientific information, or if you are a new owner or occupier. You may also renew a scientific objection that was previously referred to the Advisory Committee. If we do not resolve your objection we must refer it to the Advisory Committee.
Confirming a new SSSI notification
We must confirm or withdraw a new SSSI notification within one year of the notification date by writing again to all of the interested parties. This period may be extended to 18 months where an objection is referred to the Advisory Committee on SSSIs, or to any date if every owner and occupier agrees. If we do not confirm or withdraw the notification, it will be considered to have been withdrawn on expiry of the specified period.
At confirmation, SNH may change the SSSI notification to reflect comments made by owners and occupiers, public bodies, other interested parties or the Advisory Committee. SNH cannot, however, at this time add to the list of operations requiring consent, or extend the area of the SSSI. The confirmation will show any changes made.
If we refer an objection to notification to the Advisory Committee, we cannot confirm the notification without considering the Committee’s advice. We will carefully consider the Committee’s advice, but we are not legally bound to follow it. We must supply the relevant objectors with a copy of the Committee’s advice, when we confirm the notification.