Legislation, planning policy and guidance
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 Conservation of Habitats and Species Regulations 2010 (as amended).
- The Wildlife and Countryside Act 1981 (as amended).
- The Natural Environment and Rural Communities Act 2006.
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.
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.