Legislation, planning policy and guidance

Legislation

In reaching planning decisions, planning authorities need to ensure that the requirements of relevant wildlife legislation are addressed and may need to request relevant information from the applicant. Examples of relevant legislation include:

• The Environment Act 2021 (Subject to secondary legislation).
• The Conservation of Habitats and Species Regulations 2017 (as amended).
• The Wildlife and Countryside Act 1981 (as amended).
• The Natural Environment and Rural Communities Act 2006.
• The Protection of Badgers Act 1992.
• The Hedgerow Regulations 1997.

Licences may be required for proposals that would affect protected species or their habitat. Planning consent does not over-ride the need to obtain such licences. Information to demonstrate how licensing requirements will be addressed may need to be submitted with a planning application. Further information on protected species licensing can be found on the UK Government website.

Planning policy and guidance

When making planning decisions, planning authorities need to ensure that the requirements of relevant planning policies and associated guidance relating to ecology and biodiversity are addressed and may need to request relevant information from the applicant. This includes, for example:

• The National Planning Policy Framework (NPPF)
• Government Circular: Biodiversity and Geological Conservation – Statutory Obligations and Their Impact within the Planning System (DEFRA 01/2005, ODPM 06/2005).
• Planning for Biodiversity and Geological Conservation: A Guide to Good Practice (ODPM, 2006).
• Relevant policies within the Lancashire Minerals and Waste Development Framework.
• Biodiversity and nature conservation policies of district council Local Plans.
• CIEEM Guidelines for Ecological Impact Assessment, 2018.
• Ecological Impact Assessment Checklist (CIEEM & ALGE, 2019);
• BS 42020 Biodiversity – Code of Practice for Planning and Development.
• BS 8683 Process for designing and implementing biodiversity net gain.
• Biodiversity net gain. Good practice principles for development - CIEEM, IEMA & CIRIA (2019).
• DMRB guidelines including: LA 101 Introduction to environmental assessment, LA 108 Biodiversity, LA115 Habitats Regulations assessment, LD 118 Biodiversity design, LD 119 Roadside environmental mitigation and enhancement. (For Highway Schemes)
• Recognised survey and mitigation guidelines, including (but not limited to) current Natural England standing advice, guidelines and Technical Information Notes.
• Any emerging guidelines relating to compliance with the requirements of the Environment Act 2021.