The Conservation (Natural Habitats &c) Regulations 1994
Supplementary provisions as to consents
20.—(1) Where it appears to the appropriate nature conservation body that
an application for consent under regulation 19(2)(a) relates to an operation
which is or forms part of a plan or project which(a) is not directly connected with or necessary to the management of
the site, and
(b) is likely to have a significant effect on the site (either alone or in
combination with other plans or projects),
they shall make an appropriate assessment of the implications for the site in view of
that site's conservation objectives.
(2) In the light of the conclusions of the assessment, they may give consent for the
operation only after having ascertained that the plan or project will not adversely
affect the integrity of the site.
Assessment of implications for European site
48.—(1) A competent authority, before deciding to undertake, or give any
consent, permission or other authorisation for, a plan or project which(a) is likely to have a significant effect on a European site in Great
Britain (either alone or in combination with other plans or projects),
and
(b) is not directly connected with or necessary to the management of
the site,
shall make an appropriate assessment of the implications for the site in view of that
site's conservation objectives.
(2) A person applying for any such consent, permission or other authorisation
shall provide such information as the competent authority may reasonably require for
the purposes of the assessment.
(3) The competent authority shall for the purposes of the assessment consult the
appropriate nature conservation body and have regard to any representations made
by that body within such reasonable time as the authority may specify.
(4) They shall also, if they consider it appropriate, take the opinion of the general
public; and if they do so, they shall take such steps for that purpose as they consider
appropriate.
(5) In the light of the conclusions of the assessment, and subject to regulation 49,
the authority shall agree to the plan or project only after having ascertained that it
will not adversely affect the integrity of the European site.
(6) In considering whether a plan or project will adversely affect the integrity of
the site, the authority shall have regard to the manner in which it is proposed to be
carried out or to any conditions or restrictions subject to which they propose that the
consent, permission or other authorisation should be given.
(7) This regulation does not apply in relation to a site which is a European site by
reason only of regulation 10(1)(c) (site protected in accordance with Article 5(4)).
The Wildlife and Countryside Act 1981
Part 1
WILDLIFE
Protection of wild birds
1 (i) Subject to the provisions of this part, if any person intentionally –
a) kills, injures or takes any wild bird
b) takes, damages or destroys the nest of any wild bird while that nest is in use,
being built or
c) takes or destroys an egg of any wild bird
he shall be guilty of an offence.
9 (1)
Subject to the provisions of this part if any person intentionally kills, injures
or takes any animal included in schedule 5 he shall be guilty of an offence.
(2) Subject to the provisions of this part, if any person has in his possession or
control any live or dead wild animal included in schedule 5 or any part of, or
anything derived from such an animal, he shall be guilty of an offence.
(4) Subject to the provisions of this part, if any person intentionally(a) damages or destroys or obstructs access to any structure or place which
any wild animal included in schedule 5 uses for shelter or protection or
(b) disturbs any such animal while it is occupying a structure or place which it
uses for that purpose.
He shall be guilty of an offence.
(5) Subject to the provision of this part if any person
(a) sells, offers or exposes for sale, or has in his possession or transports for
the purpose of sale any live or dead wild animal included in schedule 5 or
any part of or anything derived from such an animal or
(b) publishes or causes to be published any advertisement likely to be
understood as conveying that he buys or sells or intends to buy or sell any
of these things
he shall be guilty of an offence.
Key Principles within PPS9 state that
i.
Development plan policies and planning decisions should be based upon upto-date information about the environmental characteristics of their areas.
These characteristics should include the relevant biodiversity and geological
resources of the area. In reviewing environmental characteristics local
authorities should assess the potential to sustain and enhance those resources
ii.
Plan policies and planning decisions should aim to maintain, and enhance,
restore or add to biodiversity and geological conservation interests. In taking
decisions, local planning authorities should ensure that appropriate weight is
attached to designated sites of international, national and local importance;
protected species; and to biodiversity and geological interests within the wider
environment.
iii.
Plan policies on the form and location of development should take a strategic
approach to the conservation, enhancement and restoration of biodiversity
and geology, and recognise the contributions that sites, areas and features,
both individually and in combination, make to conserving these resources.
iv.
Plan policies should promote opportunities for the incorporation of beneficial
biodiversity and geological features within the design of development.
v.
Development proposals where the principal objective is to conserve or
enhance biodiversity and geological conservation interests should be
permitted.
vi.
The aim of planning decisions should be to prevent harm to biodiversity and
geological conservation interests. Where granting planning permission would
result in significant harm to those interests, local planning authorities will
need to be satisfied that the development cannot reasonably be located on any
alternative sites that would result in less or no harm. In the absence of any
such alternatives, local planning authorities should ensure that, before
planning permission is granted, adequate mitigation measures are put in
place. Where a planning decision would result in significant harm to
biodiversity and geological interests which cannot be prevented or adequately
mitigated against, appropriate compensation measures should be sought. If
that significant harm cannot be prevented, adequately mitigated against, or
compensated for, then planning permission should be refused.
4. Local authorities should take an integrated approach to planning for
biodiversity and geodiversity when preparing local development documents.
They should ensure that policies in local development documents reflect, and
are consistent with, national, regional and local biodiversity priorities and
objectives (including those agreed by local biodiversity partnerships).
5. Local development frameworks should:
i.
ii.
indicate the location of designated sites of importance for biodiversity
and geodiversity, making clear distinctions between the hierarchy of
international, national, regional and locally designated sites; and
identify any areas or sites for the restoration or creation of new priority
habitats which contribute to regional targets, and support this
restoration or creation through appropriate policies.
12. Networks of natural habitats provide a valuable resource. They can link
sites of biodiversity importance and provide routes or stepping stones for the
migration, dispersal and genetic exchange of species in the wider
environment. Local authorities should aim to maintain networks by avoiding
or repairing the fragmentation and isolation of natural habitats through
policies in plans. Such networks should be protected from development, and,
where possible, strengthened by or integrated within it. This may be done as
part of a wider strategy for the protection and extension of open space and
access routes such as canals and rivers, including those within urban areas.’
13. The re-use of previously developed land for new development makes a major
contribution to sustainable development by reducing the amount of
countryside and undeveloped land that needs to be used. However, where
such sites have significant biodiversity or geological interest of recognised
local importance, local planning authorities, together with developers,
should aim to retain this interest or incorporate it into any development of
the site.
14. Plan policies should promote opportunities for the incorporation of
beneficial biodiversity and geological features within the design of
development
Within PPS12 spatial planning of a green infrastructure is also promoted as
a means of safeguarding the area’s environmental assets, both for their
intrinsic value and for their contribution to social and economic wellbeing by:
 protection and enhancing designated sites, landscapes, habitats and protected
species; and
 creating a positive framework for environmental enhancement more generally
PPS12 paragraph 4.45 states that:Core Strategies should show how the vision, objectives and strategy for the
area will be delivered and by whom, and when.
This evidence must be strong enough to stand up to independent scrutiny. Therefore it
should:

include ensuring that partners who are essential to the delivery of the plan
such as landowners and developers are signed up to it. LPAs should be able to
state clearly who is intended to implement different elements of the strategy
and when this will happen; (These issues are handled through early
involvement of key stakeholders in the preparation of options for the plan.)
The Natural Environment and Rural Communities Act 2006 NERC states that:40 (1) Every public authority must, in exercising its functions, have regard, so far as
is consistent with the proper exercise of those functions, to the purpose of
conserving biodiversity.
(3) Conserving biodiversity includes, in relation to a living organism or type of
habitat, restoring or enhancing a population or habitat.
(4) Public authority means any of the following:(c) a public body (including a government department, a local authority and a
local planning authority);
(5) In this section.
local authority. means a county council, a district council, a parish council, a
London borough council, the Common Council of the City of London or the
Council of the Isles of Scilly;
local planning authority has the same meaning as in the Town and Country
Planning Act 1990 (c. 8);
Priority ss41 lists
41 (1) The Secretary of State must, as respects England, publish a list of the living
organisms and types of habitat which in the Secretary of State’s opinion are of
principal importance for the purpose of conserving biodiversity.
(2) Before publishing any list the Secretary of State must consult Natural England
as to the living organisms or types of habitat to be included in the list.
(3) Without prejudice to section 40(1) and (2), the Secretary of State must—
(a)
take such steps as appear to the Secretary of State to be reasonably
practicable to further the conservation of the living organisms and
types of habitat included in any list published under this section, or
(b)
promote the taking by others of such steps.
Defra explanatory notes state that
The S41 list will be used to guide decision-makers such as public bodies, including
local and regional authorities, in implementing their duty under section 40 of the
Natural Environment and Rural Communities Act 2006 “to have regard” to the
conservation of biodiversity in England, when carrying out their normal functions. In
particular:



Regional Planning Bodies and Local Planning Authorities will use it to
identify the species and habitats that should be afforded priority when
applying the requirements of Planning Policy Statement 9 (PPS9) to
maintain, restore and enhance species and habitats.
Local Planning Authorities will use it to identify the species and habitats that
require specific consideration in dealing with planning and development
control, recognising that under PPS the aim of planning decisions should be
to avoid harm to all biodiversity.
All Public Bodies will use it to identify species or habitats that should be
given priority when implementing the NERC Section 40 duty.
Policy NRM5 of the South East Plan deals with the preservation and enhancement of
biodiversity within strategy and states that
Local planning authorities and other bodies shall avoid a net loss of
biodiversity, and actively pursue opportunities to achieve a net gain across the
region.
i.
They must give the highest level of protection to sites of international nature
conservation importance (European sites (6)). Plans or projects implementing
policies in this RSS are subject to the Habitats Directive. Where a likely
ii.
iii.
iv.
v.
vi.
significant effect of a plan or project on European sites cannot be excluded, an
appropriate assessment in line with the Habitats Directive and associated
regulations will be required.
If after completing an appropriate assessment of a plan or project local planning
authorities and other bodies are unable to conclude that there will be no adverse
effect on the integrity of any European sites, the plan or project will not be
approved, irrespective of conformity with other policies in the RSS, unless
otherwise in compliance with 6(4) of the Habitats Directive.
For example when deciding on the distribution of housing allocations, local
planning authorities should consider a range of alternative distributions within
their area and should distribute an allocation in such a way that it avoids
adversely affecting the integrity of European sites. In the event that a local
planning authority concludes that it cannot distribute an allocation accordingly,
or otherwise avoid or adequately mitigate any adverse effect, it should make
provision up to the level closest to its original allocation for which it can be
concluded that it can be distributed without adversely affecting the integrity of any
European sites.
They shall avoid damage to nationally important sites of special scientific interest
and seek to ensure that damage to county wildlife sites and locally important
wildlife and geological sites is avoided, including additional areas outside the
boundaries of European sites where these support the species for which that site
has been selected.
They shall ensure appropriate access to areas of wildlife importance, identifying
areas of opportunity for biodiversity improvement and setting targets reflecting
those in the table headed 'Regional Biodiversity Targets - Summary for 2010 and
2026' below. Opportunities for biodiversity improvement, including connection of
sites, large-scale habitat restoration, enhancement and re-creation in the areas of
strategic opportunity for biodiversity improvement (Diagram NRM3) should be
pursued
They shall influence and applying agri-environment schemes, forestry, flood
defence, restoration of mineral extraction sites and other land management
practices to:




deliver biodiversity targets
increase the wildlife value of land
reduce diffuse pollution
protect soil resources.
They shall promote policies that integrate the need to accommodate the
changes taking place in agriculture with the potential implications of resultant
development in the countryside.
vii.
They shall require green infrastructure to be identified, developed and
implemented in conjunction with new development
Paragraph 9.27 gives more detail stating that
Planning has an important and positive role to play in protecting and enhancing
the region’s biodiversity, and helping natural systems to adapt to climate change
impacts. Local authorities, government agencies and other organisations should
work together to achieve biodiversity targets by:
i.
ii.
iii.
iv.
v.
identifying areas of opportunity for biodiversity improvement in LDDs, community
strategies and other strategies affecting land-use and management including
Shoreline Management Plans, Catchment Flood Management Plans, the Regional
Forestry Framework
putting in place long-term management policies and monitoring procedures
ensuring that opportunities for biodiversity improvement are sought and realised
as part of development schemes, including regeneration and development of
previously developed land, and that where possible these contribute to creation
and enhancement of green corridors and networks
pursuing joint projects on areas that cross administrative boundaries, particularly
where this enables a more strategic approach to restoration of habitats and
reconnection of fragmented sites
Identifying and securing measures to help implement biodiversity improvement
including, for example, developer contributions and targeting of agri-environment
schemes.
Policy NRM7 deals with the protection of woodland
In the development and implementation of local development documents and
other strategies, local authorities and other bodies will support the
implementation of the Regional Forestry and Woodland Framework, ensuring
the value and character of theregion’s woodland are protected and enhanced.
This will be achieved by:
i.
ii.
iii.
iv.
v.
protecting ancient woodland from damaging development and land uses
promoting the effective management, and where appropriate, extension and
creation of new woodland areas including, in association with areas of major
development, where this helps to restore and enhance degraded landscapes,
screen noise and pollution, provide recreational opportunities, helps mitigate
climate change, and contributes to floodplain management
replacing woodland unavoidably lost through development with new
woodland on at least the same scale
promoting and encouraging the economic use of woodlands and wood
resources, including wood fuel as a renewable energy source
promoting the growth and procurement of sustainable timber products.
Policy CC8 of the Draft South East Plan deals specifically with the green
infrastructure stating that:Local authorities and partners will work together to plan, provide and
manage connected and substantial networks of accessible multi-functional
green space. Networks should be planned to include both existing and new
green infrastructure. They need to be planned and managed to deliver the
widest range of linked environmental and social benefits including conserving
and enhancing biodiversity as well as landscape, recreation, water
management, social and cultural benefits to underpin individual and
community health and 'well being'. They will be created and managed as a
framework of green spaces and other natural features that will boost the
sustainable development of settlements and increase the environmental
capacity of the locality and region as a whole, helping communities to be more
resilient to the effects of climate change.
The provisions of this policy apply region-wide. However, the successful
designation and management of green infrastructure will be particularly
important in areas designated as regional hubs, where growth may impact on
sites of international nature conservation importance)or where there is a need
to enhance the existing environmental capacity of an area.
National Indicator 197 states

Improved Local Biodiversity- proportion of Local Sites where Active
conservation management is being achieved.
file://G:\Conservation\Community Strategy\Local Biodiversity Indicator Template
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