Habitats Directive - Advice for Developers
Development likely to affect European protected species advice
for developers.
On 16th October 2002, the Secretary of State for Environment,
Food & Rural Affairs issued a Circular, which provides new
guidance on licensing procedures under the Habitats Directive. The
advice in the Circular has implications for developers and for the
Local Planning Authority when processing applications for sites
that may contain protected species.
The Habitats Directive requires several tests to be satisfied
before a licence can be granted for new development works which, if
implemented, would contravene the protection afforded to European
protected species. The tests are that:
- There is "no satisfactory alternative"
- The proposal would "not be detrimental to the maintenance of
the populations of the species concerned at a favourable
conservation status in their natural range
- The proposal is "in the interests of public health and public
safety, or for other imperative reasons of overriding public
interest, including those of a social or economic nature and
beneficial consequences of primary importance for the
environment".
Local Planning Authorities are required to have regard to the
provisions of the Habitats Directive when considering proposals for
development. In that respect, where the Secretary of State receives
a licence application for a development, following the grant of
planning permission, that will affect a member of a European
protected species, the Local Planning Authority will be asked for
the following information:
- Information relevant to whether the tests specified in article
16(1) of the Habitats Directive and regulation 44 of the 1994
Regulations are met in the case in question. This should include an
assessment of the importance attached to the development against
the background of national planning policy guidance and regional
and local development plans, including material
considerations.
- A copy of the report to the Planning Committee on the planning
application.
- A copy of the minutes of the Planning Committee meeting at
which the application was decided, or the equivalent papers if the
application was decided by an officer.
- A copy of any condition attached to the planning permission to
take account of the presence of a member of a European Protected
Species.
- Any other information relevant to the application of the tests
specified in article 16(1) of the Habitats Directive and regulation
44 of the 1994 Regulations.
- In processing a planning application that has implications for
a protected species, the Local Planning Authority will always
consult English Nature in order to be satisfied that the proposed
development will not be "detrimental to the maintenance of the
populations of the species concerned". In considering the response
from English Nature and statements and information provided by the
developer, the Local Planning Authority will aim to ensure that the
proposed development if approved, does not undermine the key tests
applied under the Habitats Directive.
If you have any comments or questions about the Habitats
Directive and its implications for you, please email: planning.applications@rochford.gov.uk