Protection of Sites, Habitats and Species

tile Agricultural land. BN.1 Protection of Sites, Habitats and Species A. Protecting irreplaceable Natural Assets Sites habitats and species form a vital role for biodiversity in the wider GBI network. Development will be expected to enhance, restore and support protected and important sites, habitats or species whether located within or adjacent to the development site, with consideration given to recreational pressures. Development will not be permitted where it would result in unacceptable harm to protected and important sites, habitats or species, whether located within or adjacent to the development site, particularly where such harm cannot be avoided or adequately mitigated. B. Protection Hierarchy 1. International, National and Irreplaceable Sites Development will be refused where it would result in the loss or deterioration of: i. internationally designated sites (Special Areas of Conservation, Special Protection Areas and Ramsar sites); ii. Sites of Special Scientific Interest (SSSIs); or iii. irreplaceable habitats, including ancient woodland and ancient or veteran trees or hedgerows. This policy also applies to sites that are formally proposed, identified, or in the process of designation as international or national sites, or as irreplaceable habitats. 2. Locally important sites Locally important biodiversity and geodiversity assets will be protected from loss or deterioration, including: i. Local Nature Reserves; ii. Local Wildlife Sites; iii. Local Geological Sites and sites of geological or geomorphological importance; iv. Priority habitats and priority species22; and v. other sites identified as making a positive contribution to biodiversity or geodiversity, particularly those identified in the Local Nature Recovery Strategy (LNRS). This policy also applies to sites that are formally proposed, identified, or in the process of designation as locally important sites, for example potential Local Wildlife Sites. 3. Other Important Sites and Species Additional to those sites, habitats and species covered above, developments will be expected to support the conservation of other species and habitats of importance included in the Warwickshire LNRS, Warwickshire Local Biodiversity Action Plans and Nature Improvement Area citations. C. Wildlife Buffers Development must provide suitable wildlife buffers to protect locally important habitats and species and avoid indirect harm during construction and operation. Buffers must be informed by site-specific ecological evidence and be sufficient to protect the function and integrity of the habitat. 22 Priority habitats and species include those identified nationally and locally in the following plans: UK Biodiversity Action Plan (UK BAP) Priority Species and Habitats; Natural England / DEFRA Priority Habitats and Species lists under the Biodiversity Duty; Schedule 1 / Schedule 5 of the Wildlife and Countryside Act 1981; IUCN Red List or national Red Lists; Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024; Local Nature Recovery Strategy (LNRS); Local Biodiversity Action Plans (LBAP s); Local Wildlife Site (LWS) and Local Geological Site (LGS) inventories; and any other relevant or superseding plans or strategies. As a precautionary minimum, and unless robust evidence demonstrates otherwise, the following buffers will be expected, measured from the edge of the relevant habitat or feature: • 50 metres to ancient woodland, ancient trees and veteran trees; • 30 metres to other woodland; • 8 metres either side of watercourses and wetland features; • 5 metres either side of intact hedgerows. Larger buffers may be required where justified. Development that cannot accommodate an appropriate buffer and would result in unacceptable harm will not be permitted. D. Ecological Surveys Applications that have a significant likelihood of affecting protected sites, habitats or species must be supported by proportionate, up-to-date ecological surveys, undertaken at appropriate times of year using industry recognised methodologies and carried out by a competent person or persons, sufficient to adequately inform the assessment of any direct or indirect impacts, mitigation and compensation.  E. Exceptional circumstances and compensation Where there is a demonstrable and overriding public interest and where permitted under relevant legislation and national policy, development may be considered. In such cases, any unavoidable impacts must be fully mitigated and, where necessary, compensated in accordance with Policy DS.1. Policy Justification 7.1.3 Protected sites and habitats form the core of South Warwickshire’s ecological network and are fundamental to nature recovery, ecosystem services and landscape character. These assets are finite and, in some cases, irreplaceable. Compensation cannot replace the requirement to retain irreplaceable habitats in situ. 7.1.3 Nationally, it is widely noted that nature is in decline. The 2023 State of Nature Report indicates that 1 in 6 species are at risk of extinction within Britain, and UK species have declined on average by 19% since 1970. Within South Warwickshire evidence indicates that our natural assets are also under threat, and as such it is important to ensure we protect existing natural assets. The NPPF is clear that planning policies and decisions should conserve and enhance the natural environment. 7.1.4 This policy provides the highest level of protection for internationally and nationally designated and protected sites and species and offers relevant and proportional protection to locally important sites, habitats and species. Other policies in this chapter promote enhancement and net gain, but these objectives must not dilute or override the strict protections set out here. 7.1.5 Where development is acceptable in principle, proposals must also comply with the Biodiversity Net Gain, Environmental Net Gain and LNRS policies to ensure that impacts are appropriately addressed and opportunities for enhancement are realised without compromising protected assets. 7.1.6 Ecological surveys and subsequent supporting information are to adhere to the Defra Biodiversity and geological conservation: circular 06/2005 and expect