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Best Value and Biodiversity in Scotland: A HANDBOOK OF GOOD PRACTICE FOR PUBLIC BODIES

CHAPTER 1 Introduction

PURPOSE

The purpose of this publication is to provide options for Scottish local authorities undertaking biodiversity conservation.

CONTEXT

The Local Government in Scotland Act 2003 ¹ states that a local authority securing best value will be able to demonstrate (amongst other requirements) a contribution to the achievement of sustainable development. Biodiversity is one indicator of sustainable development.

The Best Value Task Force (BVTF) has issued a concise advisory note for top-level managers. This draws attention to the requirements to contribute to the achievement of sustainable development through best value, and supports a chapter in the statutory guidance publication published by the BVTF in 2004 (Local Government in Scotland Act 2003 Best Value Guidance ²).

This publication by the Scottish Biodiversity Forum (SBF), assists local authorities to develop a wider role in conserving biodiversity. It provides practical examples and builds on the potential first suggested in A Flying Start: Local Biodiversity Action in Scotland (2001) ³.

WHAT IS BEST VALUE?

The Local Government in Scotland Act 2003 places a duty on local authorities, the Strathclyde Passenger Transport Authority, and a number of other bodies ( see appendix 1) to secure best value. Ministers have announced that the principles of the best value regime will apply across the whole of the public sector, and draft guidance ⁴ was issued in 2003 to the Accountable Officers of all public bodies.

The best value process requires all local authorities to continuously improve their performance, and secure services of the highest quality at a cost that is acceptable to their local communities. Local authorities have a key role in determining the quality of life of the people in Scotland. The best value approach gives local authorities the opportunity to provide and improve on the quality, efficiency, and effectiveness of local services, whilst seeking to increase the role of local people in deciding priorities for these services. See appendix 1 and the Best Value ⁵ and Best Value Task Force ⁶ websites for process details.

WHAT IS SUSTAINABLE DEVELOPMENT?

Commitment to achieve sustainable development has arisen because the way we live places excessive pressure on the earth's capacity. Sustainable development is about making economic, social, and environmental progress in such a way that we achieve " development which meets the needs of the present without compromising the ability of future generations to meet their own needs". ⁷ Everyday decisions and actions can have effects across the world and can contribute towards a better or worse future, for future generations and us. Achieving sustainable development is a huge challenge, with action needed at all levels, from individual to international.

Biodiversity and sustainable development

Biodiversity is a crucial component of sustainable development. Properly regulated, planned and implemented economic, social, and environmental activity offers considerable opportunities to achieve a net gain for biodiversity.

Local Agenda 21 (LA21) strategies

At the local level, local communities, usually led by local authorities, have developed LA21 strategies on sustainable development in their areas. Biodiversity is a crucial component of these strategies. All Scottish local authorities now have an LA21 strategy, which contains important priorities and actions for quality of life issues of local importance, cutting across departmental boundaries. See the Sustainable Scotland Network ⁸ webpage for further process information.

WHAT IS BIODIVERSITY, AND WHY IS IT IMPORTANT?

From the Convention on Biological Diversity (1992) ⁹ (CBD) biodiversity [biological diversity] is " the variability among living organisms from all sources including, inter alia , terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems". It is all living things, from butterflies to birds, from pines to plankton, including humans. Biodiversity is the range of habitats on which all flora and fauna depend. It is not just the rare or the endangered; it encompasses all life, from the common to the threatened. Protecting this variety of life is increasingly important, not just for the intrinsic worth of the plants and animals, but also for the needs and survival of humankind; biodiversity affects our quality of life, aesthetically, spiritually, and fiscally. Many species and habitats are vital, e.g. food, medicine production, flood control. However, biodiversity is disappearing at an alarming rate in Scotland, across the UK and globally. The CBD (1992) addressed this decline, and in line with Article 6, a UK Biodiversity Action Plan (1994) ¹⁰ (UKBAP) was prepared stating the need to integrate biodiversity into all relevant programmes.

The CBD (1992) requires a planned approach to biodiversity conservation. The UK Government and Scottish Ministers have agreed biodiversity priorities, which identify those species and habitats most at risk of being lost to future generations. Objectives, with targets to help stabilise or restore these species and habitats, have been agreed and actions identified in published Species and Habitat Action Plans (see published UKBAPs). Steering groups led by statutory bodies and environmental Non-Governmental Organisations (NGOs) have been set up to oversee delivery of these plans. Three yearly reports ¹¹ show that there is still considerable work to do to address these priorities, and the potential role of local authorities in assisting this work remains apparent.

Local Biodiversity Action Plans (LBAPs) and partnerships are local processes, with local biodiversity objectives and targets that help achieve UK biodiversity targets. An LBAP has now been published for virtually every local authority area in Scotland. These are based on audits that identify the priority species and habitats that occur in the area, and have action plans with local objectives and targets. LBAPs specifically encourage a wide range of local stakeholders in reaching these targets, and are vital in helping local authorities, and other public bodies, meet their statutory obligations as stated in the Local Government in Scotland Act 2003 and Nature Conservation (Scotland) Act 2004. ¹² Further information on the LBAP process can be found on the Scottish Biodiversity Forum ¹³ website.

Local authorities, several Non-Departmental Public Bodies (NDPBs), and many Scottish organisations and businesses are considering how they can develop or incorporate their relevant LBAP into their activities. Although the delivery of these plans has not always been integrated across all the relevant functions of a local authority, now is the time to consider broadening the range of actions that can help these priority habitats and species. A Flying Start (2001) highlighted this LBAP process, provided best practice examples of the variety of action being developed at a local level across Scotland, and continues to be used by local authorities as a tool to inform thinking on further development. "Best Value and Biodiversity in Scotland" builds upon this.

POLICY RELEVANCE

The Local Government in Scotland Act 2003 introduces duties on local authorities with regard to Best Value, Community Planning, and the Power to Advance Well-being. The framework created by this legislation will help public bodies meet their statutory obligations to "further the conservation of biodiversity", as stated in the Nature Conservation (Scotland) Act 2004.

Scottish Ministers have identified resource use, including biodiversity, as a key priority area for sustainable development, using the state of priority habitats and species as an indicator of sustainable development.

Scottish Ministers have endorsed:

• the development of the Scottish Biodiversity Strategy ¹⁴ (SBS) by the SBF, and

• the further development of the biodiversity process across the range of policies at national and local levels (see the website ¹⁵ for more details).

The SBS, launched by Ministers in May 2004, presents a vision, aims, and broad directions for action. A set of Implementation Plans (launched in draft in May 2004) is the main mechanism for delivering the vision of the SBS. Ministers have called for more to be done to embed the links with biodiversity into improving people's quality of life, and so strengthen the relevance of biodiversity across Scotland. Local authorities have the potential to promote and enhance biodiversity across a full range of functions and responsibilities. As well as being responsible for service delivery, they are landowners (or land managers) who can exercise considerable influence on the operations and activities of others. Although this current publication draws on work carried out in England and Wales where the relevant functions and responsibilities were identified (Best Value for Biodiversity (2001) ¹⁶), it is based on legislation and requirements appropriate to Scotland.

STRATEGIC ENVIRONMENTAL ASSESSMENT

The Scottish Executive is preparing legislation to introduce Strategic Environmental Assessment ¹⁷ (SEA) to ensure the environmental impact of all new strategies, programmes and plans developed by the public sector, are properly considered. The Scottish Executive implemented, in July 2004, the more limited European Directive on SEA. The Scottish legislation will make sure that a wider range of policies, plans, and programmes are considered for their likely environmental effects. Those which may have significant effects will require the preparation of an environmental report. This includes any significant effects the strategy, programme or plan has on issues such as biodiversity, fauna, flora, soil, water, and air quality. SEA will give the public an opportunity to comment on the environmental report, ensuring effects on the environment, including effects on human health, will be assessed. See appendix 1 for further details.

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