Derbyshire

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Planning and EcologyPlanning and Ecology

February 23February 23rdrd 2012 2012

Trevor TaylorTrevor Taylor

Local Wildlife Sites OfficerLocal Wildlife Sites Officer

(Planning)(Planning)

Derbyshire Wildlife TrustDerbyshire Wildlife Trust

Derbyshire

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Service Level Service Level AgreementsAgreements

With all 10 local planning With all 10 local planning authoritiesauthorities

incl. Derby City and Derbyshire County incl. Derby City and Derbyshire County CouncilCouncil

(excluding Peak District National Park)(excluding Peak District National Park)

•To maintain the local wildlife sites To maintain the local wildlife sites registerregister

• To provide ecological advice To provide ecological advice

(principally planning consultations)(principally planning consultations)

Derbyshire

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Local Wildlife SitesLocal Wildlife Sites

Derbyshire

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Local Wildlife SitesLocal Wildlife Sites

Make a significant contribution to the biodiversity of Make a significant contribution to the biodiversity of DerbyshireDerbyshire

Represent the best examples of habitat types of value Represent the best examples of habitat types of value outside of SSSI’s and NNR’s and include species of outside of SSSI’s and NNR’s and include species of priority due to rarity, threat or declinepriority due to rarity, threat or decline

Wildlife sites have a non-statutory designation. Unlike Wildlife sites have a non-statutory designation. Unlike SSSIs there is no obligation on owners and they rely SSSIs there is no obligation on owners and they rely on voluntary co-operationon voluntary co-operation

They are a material consideration in the planning They are a material consideration in the planning process and are currently protected in Local Plan process and are currently protected in Local Plan policies policies

Total number of sites – 1,153Total number of sites – 1,153

Total area of 9,542ha (approx. 4% of Derbyshire)Total area of 9,542ha (approx. 4% of Derbyshire)

Largest site – Carsington Water - 247haLargest site – Carsington Water - 247ha

Smallest site – Broxendale Pond – 0.01haSmallest site – Broxendale Pond – 0.01ha

Derbyshire

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Ecological AdviceEcological Advice

• Hedgerow Regulation AssessmentsHedgerow Regulation Assessments• Planning ConsultationsPlanning Consultations

In 2011In 2011

463 consultation responses463 consultation responses

62 for NEDDC62 for NEDDC

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Biodiversity Alert MapBiodiversity Alert Map

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LegislationLegislation

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

Derbyshire

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European Protected European Protected SpeciesSpecies

There is a legal duty on all “public bodies” (eg There is a legal duty on all “public bodies” (eg Local Authorities) to “have regard to the Local Authorities) to “have regard to the requirements of the Habitats Directive when requirements of the Habitats Directive when carrying out their functions”carrying out their functions”

Largely ignored until recent case law highlighted Largely ignored until recent case law highlighted the need for LPA’s to discharge this dutythe need for LPA’s to discharge this duty

Planning authorities should give due weight to Planning authorities should give due weight to the presence of a EPS on a development site to the presence of a EPS on a development site to reflect these requirements in reaching reflect these requirements in reaching planning decisionsplanning decisions

Derbyshire

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EPS Criminal OffenceEPS Criminal Offence

““Damage or destruction of a EPS Damage or destruction of a EPS breeding site or breeding site or restingresting place”. place”.

Natural England EPS Mitigation Licence required

LPA needs to consider the 3 “derogation” tests

Derbyshire

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PolicyPolicy(PPS9)(PPS9)

•,” ,” It is essential that the presence or otherwise of protected It is essential that the presence or otherwise of protected species and the extent that they may be affected by the species and the extent that they may be affected by the proposed development is established proposed development is established beforebefore planning planning permission is granted”permission is granted”

•In PPS9, the Government has indicated that local In PPS9, the Government has indicated that local authorities should take steps to further the conservation of authorities should take steps to further the conservation of habitats and species of principal importance through their habitats and species of principal importance through their planning function (see PPS9 paragraphs 11 and 14)” planning function (see PPS9 paragraphs 11 and 14)”

•Development proposals provide many opportunities for Development proposals provide many opportunities for building-in beneficial biodiversity or geological features as building-in beneficial biodiversity or geological features as part of good design.part of good design.

Derbyshire

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ReptilesReptiles

Derbyshire

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Standing AdviceStanding Advice

• Introduced by Natural England on 1Introduced by Natural England on 1stst April 2011April 2011

• In cases affecting European Protected In cases affecting European Protected Species, Natural England will continue Species, Natural England will continue to provide a bespoke responseto provide a bespoke response• Great deal of responsibility placed Great deal of responsibility placed upon validationupon validation

Derbyshire

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Derbyshire

Protecting wildlife

Restoring landscapes

Inspiring people

Case studyCase study

Barn conversion to dwellingBarn conversion to dwellingMay 2010 – Inspection found one droppingMay 2010 – Inspection found one dropping - Emergent survey – 1 Pip + 1 BLE- Emergent survey – 1 Pip + 1 BLENo licence required – work under Method Statement XXNo licence required – work under Method Statement XX

June 2011 – Inspection found 25-30 droppingsJune 2011 – Inspection found 25-30 droppings - 2 emergent surveys – 4 possibly 5 bat - 2 emergent surveys – 4 possibly 5 bat species – Pip, BLE, Natterer’s, Brandt’s, species – Pip, BLE, Natterer’s, Brandt’s, WhiskeredWhiskeredLicence obtainedLicence obtainedBat features in building (loft = crevice features in Bat features in building (loft = crevice features in walls and roof)walls and roof)Bat boxes on treesBat boxes on trees

Derbyshire

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Inspiring people

Derbyshire

Protecting wildlife

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Inspiring people

The FutureThe Future

National Planning Policy Framework (NPPF)National Planning Policy Framework (NPPF)• Lack of recognition of LWS’sLack of recognition of LWS’s

Natural Environment White PaperNatural Environment White PaperBiodiversity 2020Biodiversity 2020•Ecological NetworksEcological Networks•Biodiversity OffsettingBiodiversity OffsettingWish-list of considerations/policies for Wish-list of considerations/policies for inclusion in Core Strategy/Local Plan inclusion in Core Strategy/Local Plan documentsdocumentsEcological Network MapsEcological Network Maps