7 Limestone Pavement Orders
13.92 Limestone pavements are protected under the Wildlife and Countryside Act 1981. These are areas of limestone wholly or partly exposed on the surface of the ground and which have been fissured by natural erosion.195 They are a natural feature of certain parts of the country only, and are by their nature vulnerable to damage from unsympathetic agricultural operations.
Accordingly, s 34 of the 1981 Act confers special protection on areas on which limestone pavements are present. Where the relevant Conservation Body are of the opinion that a limestone pavement is of special interest by reason of its flora, fauna or geological/physiographical features, they must notify the Planning Authority in whose area the land is situate.196 If the Planning Authority (or the Secretary of State) believes the character or appearance of the land would be likely to be adversely affected by the removal or disturbance of limestone, they have power to make a Limestone Pavement Order protecting the site. By virtue of s 34(2) a Limestone Pavement Order prohibits the removal or disturbance of limestone on or in the land designated. An Order under s 34 has the effect of absolutely prohibiting agricultural operations likely to damage, or involving the removal of, limestone. The only circumstances in which agricultural operations can be carried out is where they are sanctioned by planning permission obtained on application under Part I of the Town and Country Planning Act 1990.197 Contravention of a Limestone Pavement Order is a criminal offence punishable on summary conviction by a fine not exceeding the statutory maximum, and on indictment by a fine.198 The publication and notice provisions of Sch 11 to the 1981 Act, applicable to the making of Nature Conservation Orders, apply also to the making and revoking of Limestone Pavement Orders.
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