Planning and Ecology February 23 rd 2012 Trevor Taylor Local Wildlife Sites Officer (Planning) Derbyshire Wildlife Trus

1. Planning and Ecology • February 23rd 2012 • Trevor Taylor • Local Wildlife Sites Officer • (Planning) • Derbyshire Wildlife Trust

2. Service Level Agreements • With all 10 local planning authorities • 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)

3. Local Wildlife Sites

4. 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

5. Ecological Advice • Hedgerow Regulation Assessments • Planning Consultations • In 2011 • 463 consultation responses • 62 for NEDDC

6. Biodiversity Alert Map

7. Legislation • The Wildlife and Countryside Act 1981 • The Protection of Badgers Act 1992 • The Conservation of Habitats and Species Regulations 2010

8. 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” • 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

9. EPS Criminal Offence • “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

10. 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.

11. Reptiles

12. Standing Advice • Introduced by Natural England on 1st April 2011 • In cases affecting European Protected Species, Natural England will continue to provide a bespoke response • Great deal of responsibility placed upon validation

14. Case study • Barn conversion to dwelling • May 2010 – Inspection found one dropping • - Emergent survey – 1 Pip + 1 BLE • 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

16. 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