Environmental Statement volume 4 - Chiltern Evergreen3

Chiltern Line, Oxford April 2009Great Crested Newt HSI Assessmentcannot 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. '1.1 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.1.2 Under Section 40 of the Natural Environment and Rural Communities Act (2006) publicbodies, including Local and Regional Planning Authorities have a duty to 'have regard' to theconservation of biodiversity in England when carrying out their normal functions, whichincludes consideration of planning applications. In compliance with Section 41 of the Act theSecretary of State has published a list of species considered to be of principal importance forconserving biodiversity in England. This is known as The England Biodiversity List of whichthere are 941 species, all of which make up the UK BAP Priority Species. Regional PlanningBodies and Local Planning Authorities will use it to identify the species that should beafforded priority when applying the requirements of PPS9 to maintain, restore and enhancespecies and habitats.1.3 The Great Crested Newt is listed as a Priority species on the UK BAP.1.4 The Great Crested Newt is recorded in Oxfordshire as a BAP species, but no specific work iscarried out under the Oxfordshire BAP for species, just for habitats (ONC F).Keystone Environmental 3