Environmental Statement volume 4 - Chiltern Evergreen3

Chiltern Line September 2009Bat Dusk and Dawn Surveyor damage of their breeding sites or resting places was the i ncidental and unavoidable resultof a lawful activity.1.12 EPS lic enses can be granted in respect of development to permit ac tivities that wouldotherwise be unlawful under European legislation.1.13 Planning Policy Statement 9 (PPS9): Biodiversity and Geological Conservation (ODPM, 2005)states that:‘The aim of planning decisions should be to prevent harm to biodiversity and geologicalconservation interests. Where granting planning permission would result in significant harmto those interests, local planning authorities will need to be satisfied that the developmentcannot reasonably be located on any alternative sites that would result in less or no harm. Inthe absence of any such alternatives, local planning authorities should ensure that, beforeplanning permission is granted, adequate mitigation measures are put in place. Where aplanning decision would result in significant harm to biodiversity and geological interestswhich cannot be prevented or adequately mitigated against, appropriate compensationmeasures should be sought. If that significant harm cannot be prevented, adequatelymitigated against, or compensated for, then planning permission should be refused.’1.14 Under PPS9 the presence of a protected species is a material consideration when a planningauthority is considering a development proposal that, if carried out, would be likely to result inharm to the species or its habitat.1.15 Under S ection 40 of the Natural Envir onment and Rural Comm unities Act (2006 ) publicbodies, including Local and Regional Planning Authorities have a duty to ‘have regard’ for theconservation of biodiversity in Englan d wh en carrying out thei r no rmal fun ctions, whi chincludes consideration of planning applications. In compliance with Section 41 o f the Act theSecretary of State has published a list of species considered to be of principal importance forconserving bi odiversity in England. This is known as Th e Eng land Bio diversity List anddetails 941 speci es, all of which make up the UK BAP Priority Species. Regi onal PlanningBodies an d Local Plan ning Autho rities will u se it to ide ntify the species t hat shoul d b eafforded priority when ap plying the req uirements of P PS9 to maintain, re store and enhancespecies and habitats.1.16 The Bat Mitigation Guid elines (Mit chell-Jones, 200 4) state that bat ‘foragin g area s andcommuting routes are not legally protected’ however a recent article produced by the Instituteof Ecology and Environmental Management (Garland, L. et al, 2007) argues that there i s anexisting legal basi s for the prote ction of thes e feat ures in acco rdance with the HR, TheNatural Envi ronment an d Rural Com munities A ct 2006 (NERC) pla nning poli cy an dinternational treaties. Recent Guidance produced by the Bat Conservation Trust (BCT, 2007)adopts this policy and states that “assessing the impact of development on important foragingand commuting ha bitat of prote cted/notable spe cies should be consi dered be st practice byecologists” and any surveys undertaken and subsequent mitigation proposed should “aim tosafeguard the ecol ogical function ality of br eeding sites and resti ng pla ces” which could b einterpreted as maintaining important commuting routes and/or foraging areas associated witha roost, though the exact interpretation of this would be up to a court to decide.1.17 Seven bat species are UK BAP (2007) Priority Species. These are:Keystone Environmental 3