A new UK government elected: What does this mean for the future of Sites of Scientific Special Interest?

The outcome of the UK general election was very much as predicted, with the Labour Party forming the new government. Throughout the election campaign, environmental issues were at the forefront of various parties' manifestos with bold promises made on nature and the environment.

The Labour Party's manifesto explicitly referenced the climate crisis and how this has accelerated the nature crisis and made various promises to deliver for nature by meeting Environmental Act targets and protecting the UK's landscapes and wildlife. Their manifesto also included plans to establish nine new National River Walks and three new National Forests in England.

The question now is - will a Labour government deliver on nature and what will a Labour government mean for the current legislative framework which protects it?

What is a site of Special Scientific Interest?

Under the National Parks and Access to the Countryside Act 1949, the Wildlife and Countryside Act 1981 and the Countryside and Rights of Way Act of 2000, Natural England has the power to designate any area of land which is of special interest.

A site of special scientific interest (SSSI) is the designation by law of an area of land that is of special scientific interest for its flora, fauna, geological or physiographical features under section 28(1)(b) of the Wildlife and Countryside Act 1981 (WCA 1981).

When introduced, the WCA 1981 was one of the most important conservation laws in the UK and was enacted by Parliament to safeguard and manage wildlife species and their habitats.

The Act allows for additional protection to be given to areas that are of special interest by designating them as SSSIs. Owners and occupiers of SSSIs are then restricted in what they can do to and, on the land, and must manage the land in a way that does not cause any damage to it.

Our experience on Penwith Moors

Last year we worked very closely with the National Farmers Union (NFU) on Penwith Moors and have been supporting land managers and landowners impacted by that new SSSI.

From that work, it was clear that landowners and land managers are very conscious and passionate about ensuring that the natural environment is conserved, enhanced, and managed for the benefit of present and future generations. However, their experience throughout the designation process has left many of them feeling punished for enhancing and protecting the environment.

Currently, the WCA 1981 provides Natural England with the powers and decision to designate an area as a SSSI. However, Natural England are also in charge of assessing an area for environmental importance and gathering data to support the designation. As we experienced when supporting land managers and owners on Penwith Moors, the feeling is that the process is often unfair and lacks collaboration.

Many land managers and owners were concerned with the way that Natural England determined the process and the quality of the data that allowed inclusion of their farmland. This has caused serious tensions to exist between Natural England and land managers and owners who care passionately about their environment and landscape.

The Sites of Special Scientific Interest (Designation) Bill

In March 2024, an MP proposed The Sites of Special Scientific Interest (Designation) Bill, a private Members Bill which would amend the WCA 1981. This proposed legislation would transfer the power to designate SSSI sites from Natural England to the Secretary of State for the Environment, Food and Rural Affairs.

The Bill would still allow Natural England to be involved in identifying sites for designation and collating the data and scientific evidence, however it would be for the Secretary of State for Environment, Food and Rural Affairs to interrogate this evidence and make the ultimate decision as to whether Natural England's assessment on designation is correct.

Having a clear separation between the body responsible for the investigation of possible sites and the body responsible for making a final decision would represent a significant modernisation of the current process.

The proposed Bill would also have given the Secretary of State the power to consider other social, cultural, and economic implications of notification, which are not currently allowed to be considered under the WCA 1981. Adding these factors in to the decision-making process would likely be extremely helpful in ensuring the final decision has local support.

The WCA 1981 hasn’t been amended since 1981, despite significant other legislation to protect and enhance the natural environment being brought into effect such as the Environmental Act 2021 and various other environment land management schemes being introduced.

It will be interesting to see whether this new government will approach any change to environmental law, address the issues in designating land as SSSIs and make good on its promises to prioritise nature protection.

Sites listed as possible SSSIs

We have been monitoring those sites listed as possible new SSSIs and there are many in the early stages of evidence gathering.

They are as follows:

• Filey Brigg to Scarborough South Bay – North Yorkshire

• Flamborough Head – East Yorkshire

• Langton Sheepwalks – North Yorkshire

• Paradise Meadows

• Pixton Park - Somerset

• Quarry Hangers and Quarry Dean Meadows - Surrey

• Sheepy Meadows - Warwickshire

• Soft Water Lane Meadows

There is a record of this list on the Natural England website.

Should you own or farm land that is designated as a SSSI the ongoing obligations are often quite complicated meaning issues with Natural England can arise. It is important to take advice to ensure you are adequately protected.

In addition, should you farm or own land that is being monitored or is in the early stages of a designation – early advice and scientific evidence is key. We have a team of specialists who worked alongside land managers and owners in respect of Penwith. If you need advice, please do not hesitate to get in touch.