Environmental Statement volume 4 - Chiltern Evergreen3

Chiltern Line, Oxford - Bicester August 2009Otter and Water Vole Reportdisturbance of a sp ecies covered by the Reg ulations or the de struction or d amage of th eirbreeding sites or resting places was the incidental and unavoidable result of a lawful activity.1.12 Planning Policy Statement 9 (PPS9): Biodiversity and Geological Conservation (ODPM, 2005)states that:1.13 ‘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 rega rd’ to 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 biodiversity in England. T his is known as The England Biodiversity List of whichthere are 941 species, all of which make up the UK BAP Priority Species. Regional 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 Biodiversity Action P lan (BAP) contains action plans for the United Kingdom’ s mostthreatened species and habitat plans for the mo st vulnerable a reas, including a priority planfor Water V oles (UK BAP , 2007 ). Th e Water Vol e is also a Priority Spe cies u nder theOxfordshire Biodiversity Action Plan, although no specific plan exists as the Oxfordshire planincludes actions for species within the Habitat Action Plans (TVERC) (2007).1.17 The Otter is also a UK BAP Priority (UK BAP, 2007) and i s also a Priority Species under theOxfordshire Biodiversity Action Plan, although no specific plan exists as the Oxfordshire planincludes actions for species within the Habitat Action Plans (TVERC) (2007).1.18 American Mi nk is li sted u nder S chedule 9 of The Wildlife an d Cou ntryside Act (198 1) a ndamendments which prohibits the release of non-native species into the wild.Keystone Environmental 3