Knowsley Replacement Unitary Development Plan - Knowsley Council

ENVIRONMENTAL PROTECTION AND NATURE CONSERVATION
ENVIRONMENTAL PROTECTION AND NATURE CONSERVATION
would bring benefits (for example related to the
urban regeneration objectives of this Plan) which
would clearly outweigh any harm caused.
POLICY LINKS
Policy G6
“Conversion or Change of Use of Existing Buildings in
the Green Belt”
Policy OS2
“Urban Greenspace”
Policy ENV10
“Protection of Species”
POLICY ENV10:
PROTECTION OF SPECIES
EXPLANATION ENV10
13.57
Some species of animals and plants are protected by
law and their presence is a material consideration in
planning decisions. All wild birds and certain plants
and animals are protected under the Wildlife and
Countryside Act 1981, in which case it is a criminal
offence to harm the species or their habitat. Bats and
great crested newts are further protected under the
Habitats Regulations. Developments affecting such
species must pass statutory tests that are laid down
in the Regulations. In addition to planning permission
such developments may require a licence which can
be obtained from the Department of the Environment,
Food and Rural Affairs.
PROCEDURES
13.60
All Planning applications likely to affect protected,
rare or vulnerable species should be supported
by an expert ecological survey and assessment.
This should:
a) Describe in full the nature conservation interest
on the site and the likely impact of the
development on this; and
b) Identify any mitigation measures that will be
included to offset any harm to nature
conservation interests.
POLICY LINKS
Policy G6
“Conversion or Change of Use of Existing Buildings in
the Green Belt”
Policy OS2
“Urban Greenspace”
Policy ENV9
“Protection of Habitats and Designated Sites”
1. Development proposals will not be permitted
where there is evidence that they would harm,
directly or indirectly, a legally protected
species or its habitat, unless it can be
demonstrated that the impact can be
successfully mitigated or that the development
cannot reasonably be located elsewhere and
the benefits of development clearly outweigh
the harm it would cause. Planning applications
likely to affect protected, rare of vulnerable
species should be supported by an expert
survey and specialist advice.
13.58
It is advisable for prospective developers to check as
early as possible whether any protected, rare or
vulnerable species are present on potential sites for
development. Where proposals may harm such
species or their habitat an appropriate survey should
be carried out by a suitably experienced and qualified
person and submitted with the proposal. If it is
considered that a development would be likely to
result in harm to a legally protected species or its
habitat, English Nature will be consulted before the
application is determined.
2. In the case of species that are identified in the
North Merseyside Biodiversity Action Plan or
which are not legally protected but which are
nevertheless rare or vulnerable, the
development proposals should be designed so
as to prevent and/or mitigate any harm.
3. Where permission is granted, a planning
condition or legal agreement should be used to
secure the continued protection of that species
and protection or enhancement of its habitat.
13.59
The North Merseyside Biodiversity Action Plan
identifies the following species in Knowsley which are
of conservation concern:
• Corn Bunting, Grey Partridge, Lapwing, Skylark,
Song thrush, Urban Birds (House Sparrow,
Starling), Bats, Brown Hare, Water Vole, Common
Lizard, Great Crested Newt and Bluebells.
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KNOWSLEY REPLACEMENT UNITARY DEVELOPMENT PLAN: Adopted June 2006
KNOWSLEY REPLACEMENT UNITARY DEVELOPMENT PLAN: Adopted June 2006
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