SECTION 3.0 - Durham County Council

the Countryside and Rights of Way Act 2000. In addition the Conservation (Natural
Habitats & c.) (Amendment) Regulations (aka Habitats Regulations) 2007,
transpose the EU Habitats Directive into UK law.
The Wildlife and Countryside Act 1981 (as amended) affords special protection to
certain species by listing them in Schedules within the Act. Some of the protection
afforded by this Act has subsequently been enforced and extended by the
Countryside and Rights of Way Act 2000. The Conservation (Natural Habitats &
c.) (Amendment) Regulations 2007 provides a further level of protection
for European protected
species which occur in the UK. The Badgers Act Comment:
1992 affords protection to badgers and their setts. Many species occurring Case
Study – East
in County Durham are recognised as of importance in the UK Biodiversity
Action Plan and the County Durham Biodiversity Action Plan lists all the
species for which action plans will be prepared in the Durham area. Full
details of species protection can be had from the Joint Nature
of England
Sustainable
Development
Toolkit. Its purpose
is to highlight the
Conservation Committee at www.jncc.gov.uk.
economic,
environmental
and
social
impacts of
Protected species databases:
policies,
development
Databases showing location of various protected species is currently
patchy across the County, where a few Borough/District
Council’s have
undertaken
their own data projects, or mapped species data when
proposals and other
new initiatives within
the Region, and
provide information
planning applications have had protected species survey requirements. which can
help to
improve them.
It
The
NERC Act 2006, Section 40 states: ‘Every public authority must, in
exercising
its functions, have regard, so far as is consistent with the
proper exercise of those functions, to the purpose of conserving
provides an on-line
checklist against
objectives of the
Regional
biodiversity.’ It places
a duty on all public authorities to have regard to the
conservation
of biodiversity in the exercise of their functions. A key part of
carrying out this duty, is the development of a evidence base.
Sustainable
Development
Framework.
The
toolkit
includes a
The Guidance for Public Authorities in Implementing the Biodiversity Duty,
section
on
Biodiversity and
produced by DEFRA states that ‘A good evidence base is essential to Landscape
public authorities when planning development projects.
Good information on baseline conditions and trends in biodiversity
provides a good basis for planning
applications to be appraised in a
considered
way, maximising opportunities for enhancement and avoiding
Enhancement,
which
poses a series of
questions:
- Will it encourage
greater biodiversity?
potential adverse effects on biodiversity. In putting together development -Will
it create any
proposals, public authorities should seek the best available information on
biodiversity which is available from a range of sources.’
new habitats/wildlife
sites?
-Will it
protect and
Sources of biodiversity, including protected species data is held by a
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variety of bodies in the North East, this includes NBN Gateway , a
National
Species Record Centre. While other regions have a Regional
Records
Centre, this is absent in the North East of England. The EYE
enhance
existing
habitats
and wildlife
sites?
-Will it help to
protect any species
at risk?
-Will it help to
protect any SSSI’s
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www.searchnbn.net
and other
designated sites?
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