Legislation, planning policy and guidance

Legislation

When making planning decisions, planning authorities must make sure that all wildlife laws are followed. They may need to ask applicants for information to show that these requirements are met.

• 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.

You may need a licence if your proposal could affect protected species or their habitats. Getting planning permission does not replace the need for a licence. You may need to send information with your planning application to show how you will meet licensing requirements. You can find more information about protected species licensing on the UK Government website.

Planning policy and guidance

Planning authorities must also make sure that all planning policies and guidance about ecology and biodiversity are followed. They may need to ask applicants for information to show that these requirements are met. 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.