Common use of Biodiversity Clause in Contracts

Biodiversity. KCC recognises that ecological surveys have been carried out for the proposed site and have confirmed that the following species are present within or adjacent to the site: Badgers Bats (foraging/commuting) Great Crested Newt (GCN) Grass Snakes Nesting Birds Water Voles KCC would expect the District Council to be satisfied that all necessary surveys have been completed and undertaken by suitably experienced ecologists in accordance with good practice guidelines. The District Council must also be satisfied with survey results, conclusion and mitigation proposals submitted to inform the determination of the application. With regards GCN survey data, the County Council considers such data for this proposed development to be incomplete. It is therefore recommended that survey results are combined with those associated with the application Y15/0164/SH to ensure the provision of a more detailed understanding of the GCN usage of the proposed development site. The County Council believes that although the application has only considered the impacts for the individual proposed development, there is a need to consider the impacts of the adjacent proposed site (application reference Y15/0164/SH). KCC recommends that one mitigation strategy is produced for both proposed developments (Y14/1411/SH and Y15/0164/SH) to ensure that there is a continuous area of suitable habitat for such recorded species. To date no site plans have been submitted with the planning application. The County Council therefore advises that site plans must be designed to incorporate the requirements of mitigation strategies. As it stands, the County Council considers that insufficient information has been provided to ensure the maintenance of the favourable conservation of the status of GCN. GCN are European Protected Species and as a result of this, a European Protected Species Mitigation Licence (EPSML) will be required for the proposed development. The Conservation of Habitats and Species Regulations 2010 requires the local planning authority to have regards to the requirements of the Habitats Directive in the exercise of their functions. Therefore, the District Council must consider whether an ESPML will be granted and when granting planning permission, must assess its accordance with the followings tests: • the development activity must be for the imperative reasons of overriding public interest or for public health and safety • there must be no satisfactory alternative • favourable conservation status of the species must be maintained 7.10 Natural England