Biodiversity protection and conservation of species

NE5: Biodiversity protection and conservation of species 1. This policy seeks to ensure appropriate consideration is given to species which are protected by statute at the international and national level, those which are, species of principal importance (priority species) as listed in section 41 of the Natural Environment and Rural Communities (NERC) Act 2006 and species suffering significant declines. 2. Development proposals must, having regard to relevant statutory requirements: a) consider the reasonable likelihood that protected, priority or declining species could be directly or indirectly impacted upon, b) (where there is a reasonable likelihood of presence) be supported by proportionate, robust and relevant, ecological desk studies, surveys and impact assessment, produced by suitably qualified and experienced professionals in line with published industry best practice guidance, c) sufficient survey effort has been undertaken to understand the presence, distribution and use of the site by relevant species. d) demonstrate how the design has been informed by ecological information and how the mitigation hierarchy has been followed sequentially, so that the avoidance, minimisation and compensation for impacts have been embedded into the design. e) consider how species priorities identified in the Local Nature Recovery Strategy can be supported. f) compensate for any residual impacts upon species at a minimum of 2:1 basis, so that the resources are provided to support a greater number of identified species. 2. The council will use planning conditions to secure mitigation, compensation and enhancements for species to deliver this policy where on site or Section 106 Agreements where off site. A monitoring and management plan may be required for significant species features to ensure their long-term success. 7.145 Protected species include those identified in the following legislation (other legislation also contains information about protected species): a) Conservation of Habitats and Species Regulations 2017 b) Wildlife and Countryside Act 1981 (as amended) c) Protection of Badgers Act 1992 7.146 The council has a duty under section 40 of the NERC Act to consider the conservation and enhancement of biodiversity through carrying out its functions; therefore, development proposals must be accompanied by the council’s checklist which must be accurately completed so that known information about biodiversity which could be impacted upon by proposals is shared. 7.147 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 the planning permission is granted, otherwise all relevant material considerations may not have been addressed in making the decision. 7.148 Many species suffering significant declines are included within section 41 of the Natural Environment and Rural Communities (NERC) Act 2006. However, not all species which are declining are identified within section 41. Therefore, where species are found during surveys which are listed as threatened on Great Britain Red Lists, (including those classified as Critically Endangered, Endangered or Vulnerable, species included on Birds of Conservation Concern Red and Amber Lists, species identified in recognised taxonomic Red Data Books or conservation status assessments), they should also be subject to consideration for how they can be protected and enhanced through following the mitigation hierarchy. Together these species are sometimes called ‘notable species. 7.149 Those habitats and species which are of principal importance for nature conservation are included as ‘priority habitats and species’ in the England Biodiversity List published under section 41 of the Natural Environment and Rural Communities Act 2006. Developers should consult the Habitats and species of principal importance in England for a list of priority habitats and species in England. Many priority habitats have been mapped on the MAGIC maps website (https://magic.defra.gov.uk/MagicMap.html), and the Buckinghamshire Milton Keynes Environmental Records Centre (https://www.bucksmkerc.org.uk) holds additional maps of Priority Habitats they have identified. It should be noted that there is no complete map of the presence of Priority Habitats or Species and so care must be taken to identify them on any site of interest. The LPA will need to consider priority habitats and species when applying its ‘biodiversity duty’ to the policy. 7.150 Protected species are those species protected under domestic or European law. Further information can be found in Natural England’s standing advice for protected species. Habitats that may support protected species include, but are not limited to, sites containing watercourses, old buildings, significant hedgerows and substantial trees. 7.151 To comply with part 1 of the policy, surveys should be done prior to determining the application. Surveys and reporting must be undertaken in accordance with the relevant best practice guidelines and undertaken by suitability experienced and qualified professionals. 7.152 Buckinghamshire Council holds a Great Crested Newt Organisational (or ‘District’) Licence granted by Natural England. The associated District Licensing Scheme, which is currently administered and managed by NatureSpace Partnership, provides an alternative licensing option for developers to address impacts on protected great crested newts by enabling a ‘conservation payment’ towards high quality habitat creation and long-term management and monitoring. 7.153 In the District Licensing Scheme, developers can engage with NatureSpace at the preapplication stage or at the planning application stage. It is based on a great crested newt landscape-scale conservation strategy, which aims to focus the creation of new habitats where they will be of maximum benefit to the species, whilst also reducing risk and uncertainty through the planning process for developers and planning authorities. The strategy results in a range of other biodiversity benefits and contributes towards nature recovery at the landscape scale.