Biodiversity (Protected Species)

There is a whole raft of legislative measures and Government Guidance which places responsibilities and duties on all public bodies as well as individuals:
 

Legislation:

• Wildlife and Countryside Act 1981
• Countryside and Rights of Way (CROW) Act 2000
• The Natural Environment & Rural Communities (NERC) (Act 2006 (which imposes a statutory duty on all Local Authorities to conserve bio diversity)
• Town and Country Planning Act 1990 (as amended)
• Conservation of Habitats and Species Regulations 2010 (known as the 2010 Habitats Regulations)
• The Protection of Badgers Act 1982
  

Planning Guidance:

• The National Planning Policy Framework 
• Planning for Biodiversity and Geological Conservation: A Guide to Good Practice
• Circular 06/2055

When are survery's required:

• Look for features or habitats such as – ponds, lakes, rivers, streams, woodland, hedgerows, veteran trees, grassland, allotments, ‘brownfield sites’ - especially when adjacent to or linked to other semi-natural habitat
  
• Bat surveys are usually required when a development includes demolition and significant modifications or conversions, especially of roofs and roof voids
  
• Check with Worcestershire Biological Record Centre for existing records of protected species
  
• Check with a Planning Officer / Natural Heritage Officer
  
• Must be submitted with the application (not left as a condition) and must contain enough information to allow a full assessment of the potential impact of the planning proposal on protected species
  
• Must be up-to-date (i.e. normally no more than 12 months old) and carried out by a suitably qualified ecologist
  
• Be carried out at the appropriate time of year/day (hibernation/activity patterns) and under the right conditions (temperature, visibility, weather conditions)
  
• Include relevant mitigation and enhancement measures – also to be shown clearly as part of the design of the planning submission where appropriate

The three derogation tests as set out in Regulation 53 of the Conservation of Habitats and Species Regulations 2010 are as, in essence, follows:

1.  Is the development needed for

       - other imperative reasons of overriding public interest incl. those of a social or economic nature or
       - preventing serious damage to property?

Please note: The European Protected Species regime applies whether related to a planning application or not!


Listed below of where you can access further information:

• Natural England – www.naturalengland.org.uk – web-based guidance on how to deal with Protected Species in the planning process under http://www.naturalengland.org.uk/ourwork/planningtransportlocalgov/spatialplanning/standingadvice with specific species information sheets, flow charts and frequently asked questions
  
• Worcestershire Biodiversity Action Plans
  
• Bat Conservation Trust
  
• Worcestershire Biological Records Centre
  
• Worcestershire Bat Group 
  
• Worcestershire Wildlife Trust 
  
• Planning and Wildlife SPD 2008 

For further information contact:

Customer Service Advisor 01386 565565

Susanne Hiscock
Natural Heritage Officer
E-mail:  susanne.hiscock@wychavon.gov.uk