Planning
Biodiversity
In this section you will find the following information:
- Search for Applications
- Making a Planning Application
- Heritage and Conservation
- The Historic Environment
- The Natural Environment
- Conservation Area Appraisals
- Supplementary Planning Document - Local Listed Buildings
- Archaeological Fees
- Planning Policy
- Neighbourhood Planning
- Designated Neighbourhood Areas
- Abberley Neighbourhood Plan
- Broadwas and Cotheridge Neighbourhood Plan
- Malvern Town Neighbourhood Plan
- Hanley Castle Parish Neighbourhood Plan
- Clifton upon Teme Neighbourhood Plan
- Kempsey Neighbourhood Plan
- Martley, Knightwick and Doddenham Neighbourhood Plan
- Hallow Neighbourhood Plan
- Leigh & Bransford Neighbourhood Plan
- Welland Neighbourhood Plan
- Planning Policy Monitoring
- Brownfield Land Register
- Self-Build and Custom Housebuilding Register
- Neighbourhood Planning
- Other Planning Services
- Community Infrastructure Levy
- Planning Obligations (Section 106)
- Street Naming and Numbering
- Local Land Charges
- Planning Appeals
- Planning Committee and Meetings
- Planning Conditions and Fees
- Footpath Diversions (S257)
- Supplementary Planning Documents (SPD)
- Local Development Scheme (LDS)
- Planning Weekly List
- Planning History Search
- Planning Enforcement
- South Worcestershire Building Control
There is extensive legislation and government guidance which places responsibilities and duties on all public bodies as well as individuals.
Legislation
- Wildlife and Countryside Act 1981
- Countryside and Rights of Way (CROW) Act 2000
- The Natural Environment & Rural Communities (NERC) Act 2006 (which imposes a statutory duty on all Local Authorities to conserve bio diversity)
- Town and Country Planning Act 1990 (as amended)
- Conservation of Habitats and Species Regulations 2010 (known as the 2010 Habitats Regulations)
- The Protection of Badgers Act 1982
Planning Guidance
- The National Planning Policy Framework
- Planning for Biodiversity and Geological Conservation: A Guide to Good Practice
- Circular 06/2055
When are surveys required?
- Look for features or habitats such as – ponds, lakes, rivers, streams, woodland, hedgerows, veteran trees, grassland, allotments, ‘brownfield sites' - especially when adjacent to or linked to other semi-natural habitat
- Bat surveys are usually required when a development includes demolition and significant modifications or conversions, especially of roofs and roof voids
- Check with Worcestershire Biological Record Centre for existing records of protected species
- Check with a Planning Officer / Natural Heritage Officer
- Must be submitted with the application (not left as a condition) and must contain enough information to allow a full assessment of the potential impact of the planning proposal on protected species
- Must be up-to-date (i.e. normally no more than 12 months old) and carried out by a suitably qualified ecologist
- Be carried out at the appropriate time of year/day (hibernation/activity patterns) and under the right conditions (temperature, visibility, weather conditions)
- Include relevant mitigation and enhancement measures – also to be shown clearly as part of the design of the planning submission where appropriate
Demonstrate consideration and compliance with the three derogation tests, where appropriate.
The three derogation tests as set out in Regulation 53 of the Conservation of Habitats and Species Regulations 2010 are:
- Is the development needed for:
- Public health and safety?
- Other imperative reasons of overriding public interest incl. those of a social or economic nature?
- Preventing serious damage to property?
- Are there any satisfactory alternatives (resulting in no or at least less risk of harm)?
- Is there adequate compensation provided to maintain the favourable conservation status of the population of the species?
Please note, the European Protected Species regime applies whether related to a planning application or not.
Further information
Jane Sedgeley-Strachan (Natural Heritage and Biodiversity Officer)
Email: