Transcript Biodiversity and Planning

Ecological Assessments for
Planning
Steve Plumb – Director
Plumb Associates
What are we covering?
• An overview of the protected species and
habitats we are most likely to be dealing with
–What are the issues for planning?
• What assessments we need to inform decision
• Mitigation, biodiversity offsetting and net
biodiversity gain
• Different requirements for strategic planning
and development management
What do you see?
Important wildlife is not necessarily where you
would expect it to be!
Habitat designations
• International Designations
• Special Protection Areas, Ramsars, Special
Areas of Conservation
• National Statutory Designations
• Sites of Special Scientific Interest, National
Nature Reserves, Local Nature Reserves
• Non-Statutory
• Local Wildlife Sites
What are the main protected species?
• ‘European protected species’
• Protected under the Wildlife and Countryside Act 1981
• The Conservation of Species and Habitat Regulations 2010
– this makes it an offence to damage or destroy the
roosts/nests and foraging areas of the species protected
• The species covered are
• All species of Bats
• Dormouse
• Otter
• Great Crested Newt
• (Smooth Snake, Sand Lizard and Natterjack Toad are not
present in East Anglia)
What are the main protected species?
• Wildlife and Countryside Act 1981 – makes it an offence to
kill or injure any animal on the Schedule. These include:
• The four main reptile species (adder, common lizard, grass
snake and slow-worm)
• Water vole
• White-clawed crayfish
• Nesting birds – all species are protected when nesting –
nesting season is not fixed
• Some plant species – e.g. Broadleaved Cudweed and Least
Lettuce
• Protection of Badgers Act 1992 – protects badgers and
their setts. Animal welfare legislation and not due to the
rarity of the species
Habitats and species of principal
importance in England
• Section 41 of the Natural Environment and Rural
Communities Act 2006 includes species and habitats
considered to be of special significance in England. 56
habitats and 943 species
• Planners and others should have regard to these in order to
implement their duties under S40 of the Act
• Open Mosaic Habitat on Previously Developed Land is
included on the list
• Not full legal protection but their listing makes them a
material consideration in planning
• These correspond closely with the UK BAP (Biodiversity
Action Plan) species and habitats which have been
‘archived’
Examples of rare invertebrates in Essex
• Distinguished jumping
spider
• Hornet Robber-fly
• Brown-banded Carder
Bee
NPPF - 11. Conserving and enhancing the
natural environment
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109. The planning system should contribute to and enhance the natural and local
environment by:
protecting and enhancing valued landscapes, geological conservation interests and
soils;
recognising the wider benefits of ecosystem services;
minimising impacts on biodiversity and providing net gains in biodiversity where
possible, contributing to the Government’s commitment to halt the overall decline
in biodiversity, including by establishing coherent ecological networks that are
more resilient to current and future pressures;
preventing both new and existing development from contributing to or being put
at unacceptable risk from, or being adversely affected by unacceptable levels of
soil, air, water or noise pollution or land instability; and
remediating and mitigating despoiled, degraded, derelict, contaminated and
unstable land, where appropriate.
118. When determining planning applications, local planning authorities should
aim to conserve and enhance biodiversity by applying the following principles:
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if significant harm resulting from a development cannot be avoided (through locating on an alternative
site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for, then planning
permission should be refused;
proposed development on land within or outside a Site of Special Scientific Interest likely to have an
adverse effect on a Site of Special Scientific Interest (either individually or in combination with other
developments) should not normally be permitted. Where an adverse effect on the site’s notified special
interest features is likely, an exception should only be made where the benefits of the development, at
this site, clearly outweigh both the impacts that it is likely to have on the features of the site that make it
of special scientific interest and any broader impacts on the national network of Sites of Special Scientific
Interest;
development proposals where the primary objective is to conserve or enhance biodiversity should be
permitted;
opportunities to incorporate biodiversity in and around developments should be encouraged;
planning permission should be refused for development resulting in the loss or deterioration of
irreplaceable habitats, including ancient woodland and the loss of aged or veteran trees found outside
ancient woodland, unless the need for, and benefits of, the development in that location clearly outweigh
the loss; and
the following wildlife sites should be given the same protection as European sites:
–– potential Special Protection Areas and possible Special Areas of Conservation;
–– sites identified, or required, as compensatory measures for adverse effects on European sites, potential
Special Protection Areas, possible Special Areas of Conservation, and listed or proposed Ramsar sites.
Establishing ecological value
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Preliminary Ecological Assessments – the basic level of survey. It should be used to
identify existing value and potential value for protected species. It should
recommend what further surveys are required. These can be carried out at any
time of year by an experienced ecologist although it is best done in the
spring/summer
Phase 1 surveys/Extended Phase 1 surveys
Protected species surveys. Normally an individual report will deal with a single
survey/group due to the specialist knowledge required. These must be
undertaken at the appropriate time of year and in the correct weather/time of day
etc depending on the species.
Ecological Impact Assessments – Can be part of an ES or a standalone assessment.
It is the process of identifying, quantifying and evaluating potential effects of
development-related or other proposed actions on habitats, species and
ecosystems
Habitat Regulations Assessments – these relate to SPAs, SACs and Ramsar sites.
Project and plan assessments relate to strategic planning and development
management respectively. Seeks to determine if a development will have ‘Likely
Significant Effects’. The LPA will have to undertake an Appropriate Assessment to
demonstrate how it has determined this.
Mitigation options
• Prevent damage or loss – some habitats are deemed
irreplaceable or are considered to be of intrinsic value
– e.g. ancient woodland and veteran trees and
therefore their loss should be avoided if at all possible
• On –site mitigation – improving areas of existing
habitat, creating new habitat, green or brown roofs,
bird and bat boxes
• Off-site mitigation (e.g. translocation of species),
compensation/biodiversity offsetting –habitat creation
• What mitigation is required can only be determined by
proper ecological assessment
Further advice
• Essex County Council’s
Biodiversity Validation
Checklist has been
designed to be used for
Major Projects
Take opportunities to achieve
biodiversity gains
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Landscape-scale ecology
Nature Improvement Areas
Ecosystem Services
Sustainable Urban Drainage Schemes
Green Infrastructure
BREEAM
Biodiversity Action Plans (where still used)
Chelmsford Biodiversity Forum