Biodiversity (Protected Species)
- Search For Applications
- Making A Planning Application
- Heritage and Conservation
- Planning Policy
- Neighbourhood Planning
- Ashton under Hill Neighbourhood Plan
- Beckford Parish Neighbourhood Plan
- Bredon, Bredon’s Norton and Westmancote Neighbourhood Plan (Bredon Parish)
- Broadway Neighbourhood Plan
- Cleeve Prior Neighbourhood Plan
- Crowle Neighbourhood Plan
- Dodderhill Neighbourhood Plan
- Drakes Broughton and Wadborough with Pirton Neighbourhood Plan
- Droitwich Spa Neighbourhood Plan
- Eckington Neighbourhood Plan
- Elmley Castle, Bricklehampton and Netherton Neighbourhood Plan
- Harvington Neighbourhood Plan
- Honeybourne Neighbourhood Plan
- Inkberrow Neighbourhood Plan
- North Claines Neighbourhood Plan
- Norton-juxta-Kempsey Neighbourhood Plan
- Ombersley and Doverdale Neighbourhood Plan
- Pebworth Parish Neighbourhood Plan
- Sedgeberrow Neighbourhood Plan
- South Lenches Neighbourhood Plan
- Whittington Neighbourhood Plan
- Hanbury Neighbourhood Plan
- Tibberton Neighbourhood Plan
- Planning Policy Monitoring
- Supplementary Planning Guidance and Documents
- Brownfield Land Register
- Self-Build and Custom Housebuilding Register
- Neighbourhood Planning
- Other Planning Services
- Planning Enforcement
- South Worcestershire Building Control
- Appeal Inquiry: Land At (Os 8666 5944), Dilmore Lane, Fernhill Heath
- Appeal Inquiry: Orchard Farm, Defford Road, Pershore, WR10 3BX
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 survey's required?
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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
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Bat surveys are usually required when a development includes demolition and significant modifications or conversions, especially of roofs and roof voids
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Check with Worcestershire Biological Record Centre for existing records of protected species
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Check with a Planning Officer / Natural Heritage Officer
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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
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Must be up-to-date (i.e. normally no more than 12 months old) and carried out by a suitably qualified ecologist
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Be carried out at the appropriate time of year/day (hibernation/activity patterns) and under the right conditions (temperature, visibility, weather conditions)
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Include relevant mitigation and enhancement measures – also to be shown clearly as part of the design of the planning submission where appropriate
pdf View the Local Requirements list to find out if a survey is required (31 KB)
Demonstrate consideration and compliance with the 3 derogation tests, 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
- Public health and safety or
- Other imperative reasons of overriding public interest incl. those of a social or economic nature or
- Preventing serious damage to property?
2. Are there any satisfactory alternatives (resulting in no or at least less risk of harm)?
3. Is there adequate compensation provided to maintain the favourable conservation status of the population of the species?
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
- Protected Site Species
- Worcestershire Biological Records Centre
- Worcestershire Bat Group
- Worcestershire Wildlife Trust
- pdf Planning and Wildlife SPD 2008 (415 KB)
For further information contact:
Customer Service Advisor 01386 565565
Susanne Hiscock
Natural Heritage Officer
E-mail:
