Environmental Statement volume 4 - Chiltern Evergreen3

Chiltern Line September 2009Reptile ReportCapture, handle or disturb them and th eir places used for b reeding, resting, shelterand protection1.8 There are an additional fo ur native spe cies of reptil es in the UK (Com mon o r Viviparo usLizard, Adder, Grass Snake, and Slo w Worm) these species are all partially p rotected underSchedule 5 of The Wildli fe and Co untryside Act, 1981 (a nd as amended), under part ofSection 9(1) and all of Section 9(5). .As such it is an offence to;intentionally kill or injure an individual of these species transport for sal e o r exchang e, or offer fo r sale or exchan ge a live o r de ad a nindividual or any part of an individual of these species.1.9 Planning Policy Statement 9 (PPS9): Biodiversity and Geological Conservation (ODPM, 2005)states that:1.10 ‘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.’1.11 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.1.12 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.1.13 All native reptile species are UK BAP Priority Species (UK BAP, 2007).1.14 All Common Reptile species including Common Lizard, Slow Worm, Grass Snake and Adderare listed under the Oxfordshire Biodiversity Action Plan, although no specific plan exists forthem as th e Oxfordshire plan in cludes action s for species within the Habitat Ac tion Plans(TVERC, 2007).Keystone Environmental 2