Transcript Ecology and Planning

Planning and Ecology
Derbyshire
February 23rd 2012
Trevor Taylor
Local Wildlife Sites Officer
(Planning)
Derbyshire Wildlife Trust
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landscapes
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people
Service Level Agreements
With all 10 local planning authorities
Derbyshire
incl. Derby City and Derbyshire County
Council
(excluding Peak District National Park)
•To maintain the local wildlife sites register
• To provide ecological advice
(principally planning consultations)
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wildlife
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landscapes
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people
Local Wildlife Sites
Derbyshire
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wildlife
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landscapes
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people
Local Wildlife Sites
Make a significant contribution to the biodiversity of
Derbyshire
Represent the best examples of habitat types of value
outside of SSSI’s and NNR’s and include species of
priority due to rarity, threat or decline
Wildlife sites have a non-statutory designation. Unlike
SSSIs there is no obligation on owners and they rely
on voluntary co-operation
They are a material consideration in the planning
process and are currently protected in Local Plan
policies
Total number of sites – 1,153
Total area of 9,542ha (approx. 4% of Derbyshire)
Largest site – Carsington Water - 247ha
Smallest site – Broxendale Pond – 0.01ha
Derbyshire
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wildlife
Restoring
landscapes
Inspiring
people
Ecological Advice
• Hedgerow Regulation Assessments
• Planning Consultations
In 2011
463 consultation responses
62 for NEDDC
Derbyshire
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wildlife
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landscapes
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people
Biodiversity Alert Map
Derbyshire
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wildlife
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landscapes
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people
Legislation
•The Wildlife and Countryside Act 1981
•The Protection of Badgers Act 1992
•The Conservation of Habitats and
Species Regulations 2010
Derbyshire
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wildlife
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landscapes
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people
European Protected
Species
There is a legal duty on all “public bodies” (eg
Local Authorities) to “have regard to the
requirements of the Habitats Directive when
carrying out their functions”
Derbyshire
Largely ignored until recent case law highlighted
the need for LPA’s to discharge this duty
Planning authorities should give due weight to
the presence of a EPS on a development site to
reflect these requirements in reaching planning
decisions
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wildlife
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people
EPS Criminal Offence
Derbyshire
“Damage or destruction of a EPS
breeding site or resting place”.
Natural England EPS Mitigation Licence
required
LPA needs to consider the 3
“derogation” tests
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wildlife
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people
Policy
(PPS9)
It is essential that the presence or otherwise of protected
species and the extent that they may be affected by the
proposed development is established before planning
permission is granted”
•,”
•In PPS9, the Government has indicated that local authorities
should take steps to further the conservation of habitats and
species of principal importance through their planning
function (see PPS9 paragraphs 11 and 14)”
•Development proposals provide many opportunities for
building-in beneficial biodiversity or geological features as
part of good design.
Derbyshire
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wildlife
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landscapes
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people
Reptiles
Derbyshire
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wildlife
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landscapes
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people
Standing Advice
• Introduced by Natural England on
1st
Derbyshire
April 2011
• In cases affecting European Protected
Species, Natural England will continue
to provide a bespoke response
• Great deal of responsibility placed
upon validation
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wildlife
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landscapes
Inspiring
people
Derbyshire
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wildlife
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landscapes
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people
Case study
Barn conversion to dwelling
May 2010 – Inspection found one dropping
- Emergent survey – 1 Pip + 1 BLE
Derbyshire
No licence required – work under Method Statement XX
June 2011 – Inspection found 25-30 droppings
- 2 emergent surveys – 4 possibly 5 bat
species – Pip, BLE, Natterer’s, Brandt’s,
Whiskered
Licence obtained
Bat features in building (loft = crevice features in
walls and roof)
Bat boxes on trees
Protecting
wildlife
Restoring
landscapes
Inspiring
people
Derbyshire
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wildlife
Restoring
landscapes
Inspiring
people
The Future
National Planning Policy Framework (NPPF)
• Lack of recognition of LWS’s
Natural Environment White Paper
Biodiversity 2020
•Ecological Networks
•Biodiversity Offsetting
Wish-list of considerations/policies for
inclusion in Core Strategy/Local Plan
documents
Ecological Network Maps
Derbyshire
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wildlife
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landscapes
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people