Partner Karen Jones, in our leading Planning & Environmental Law team, explains the Conservation of Habitats and Species Regulations 2010.
The Habitats Regulations seek to protect, among other things, European protected species. Such animals include (but are not limited to) bats, great crested newts, badgers, natterjack toads and otters.
Under the Habitats Regulations it is an offence to:
- deliberately capture, injure or kill any wild animal of a European protected species;
- deliberately disturb wild animals of any such species;
- deliberately take or destroy the eggs of such an animal; or to
- damage or destroy a breeding site or resting place of such an animal
Certain developments require an ecological survey to be carried out and to be submitted with a planning application. Local Planning Authorities tend to publish their validation checklists (a list of documents required for an application to be validated) and this is a good starting point in assessing what documents are required to support an application. However, you should seek specialist advice if you are looking to submit a planning application where it is likely that protected species are:
- present on or near the proposed site, such as protected bats at a proposed barn conversion;
- affected by the development , such as the effect of a wind turbine proposal on protected birds
Where an ecological survey identifies the presence of a European protected species a licence should be applied for and obtained from Natural England to carry out the works (if development is permitted). Natural England will only grant a licence if it meets the relevant licensing criteria.
There have been two recent prosecutions (of developers of relatively small developments) which highlight the importance of obtaining a licence.
In both prosecutions the Defendants had carried out demolition works without first obtaining a licence from Natural England where an ecological survey had identified the presence of bats.
In both cases the Defendants were found guilty and required to pay a fine (£12,000.00 in one case and £18,820.00 in the second case). In addition to this fine, in one of the prosecutions the Defendant faced an application for a confiscation order under the Proceeds of Crime Act 2004 and was ordered to pay an additional £5,285.00. Much larger fines and remit to the Crown Court could be expected for a large developer who would not be dissuaded by fines of this level.
It is important that you seek professional advice in respect of a proposed development which would require an ecological survey to be carried out. Further, where an ecological survey is carried out and no protected species are identified but during the building works evidence of their presence is found you should again seek specialist advice as continuing works could result in an offence being committed.
For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
