Part 6: Nature and Biodiversity Section 110: Protected Site Strategies
This section establishes Protected Site Strategies, which may be prepared by Natural England with the purpose of improving the conservation and management of a protected site, and managing the impact of activity, such as off-site development, on those sites. It requires local planning authorities and other appropriate public bodies to cooperate with Natural England in preparing a strategy. It then establishes that public bodies must consider any relevant strategy as they carry out their functions.
	Suitable Alternative Natural Green spaces (SANGs) in the Thames Basin Heaths are an example of a strategic approach established by Natural England in cooperation with local planning authorities and other appropriate public bodies. The section will place Protected Site Strategies prepared by Natural England on a legislative footing.
	In the areas of the country where Protected Site Strategies are put into effect, the measures they include will be integrated into the relevant Local Nature Recovery Strategies. This will allow them to form part of a wider landscape-scale plan for nature.
	Subsection (1) specifies that a strategy may be prepared by Natural England, and that Natural England should publish it. It further defines the overall purpose of the strategy as improving the conservation and management of a protected site. This is to ensure that Natural England can prepare a strategy for any protected site where it is beneficial.
	Subsection (2) establishes the name of the new type of strategy.
	Subsection (3) sets out the definition of a protected site for which a strategy can be prepared within England and its adjacent territorial sea.
	Subsection (4) lists elements that may form part of a strategy. The list is not definitive as each strategy will be prepared to best support the conservation and management of a protected site, and those needs will vary.
	Paragraph (a) of subsection (4) establishes that a strategy may include an impact assessment of development on the conservation or management of the protected site. Paragraph (b) establishes that a strategy may also include Natural England’s advice on how the mitigation hierarchy (avoid, mitigate or compensate) should be applied to address adverse impacts identified by the impact assessment. Paragraphs (c) and (d) further specify that a strategy may include any measures that Natural England considers necessary for the conservation or management of a protected site.
	Subsection (5) sets out the bodies that Natural England must consult in preparing a strategy. These include local planning authorities, the Secretary of State and any other public bodies for whom the strategy may be of relevance. It ensures strategies are prepared with input from key stakeholders.
	Subsection (6) defines the term "an adverse impact on the conservation or management of a protected site" for the different types of protected sites. The definitions align with existing legislation for consistency.
	Subsection (7) places a duty on local planning authorities and others (listed in subsection (5)) to cooperate with Natural England in preparing a strategy. The duty only applies if the cooperation required is relevant to the functions of the authority. This duty is a proportionate way to ensure Natural England has the data and support required to efficiently and effectively establish and lead development of a strategy.
	Subsection (8) provides a power for the Secretary of State to produce guidance for authorities setting out what is required by the duty to cooperate in subsection (7). The power allows bespoke guidance to be prepared for each strategy, as the cooperation required will vary for different protected sites.
	Subsection (9) requires guidance made under this section to be laid before Parliament before it is published.
	Subsection (10) requires bodies to consider the strategies as they carry out their duties under protected sites legislation. This will ensure that strategies are taken into account when local plans are developed, or when authorities carry out any other functions which might impact on the conservation or management of a protected site.
	Subsection (11) gives Natural England a power to periodically amend a protected site strategy. This will allow strategies to be updated as evidence emerges showing how effective they are in improving the conservation or management of a protected site.
	Subsection (12) places a duty on Natural England to consult with relevant local authorities and others (listed in subsection (5)) when amending a strategy (under subsection (10)) to the extent that those amendments are relevant to the authorities’ functions.
	Subsection (13) defines some terms used throughout the section. The definitions align with other relevant legislation for consistency. It clarifies that the scope of the strategies extends to the territorial sea adjacent to England, but not the sea adjacent to Wales or Scotland as the legislation only applies to England. It further defines "local planning authority" as the definition used in the Town and Country Planning Act 1990.