Knowsley Metropolitan Borough Council

Policy ENV10: Protection of Species

1. Development proposals will not be permitted where there is evidence that they would harm, directly or indirectly, a legally protected species or its habitat, unless it can be demonstrated that the impact can be successfully mitigated or that the development cannot reasonably be located elsewhere and the benefits of development clearly outweigh the harm it would cause. Planning applications likely to affect protected, rare of vulnerable species should be supported by an expert survey and specialist advice.

2. In the case of species that are identified in the North Merseyside Biodiversity Action Plan or which are not legally protected but which are nevertheless rare or vulnerable, the development proposals should be designed so as to prevent and/or mitigate any harm.

3. Where permission is granted, a planning condition or legal agreement should be used to secure the continued protection of that species and protection or enhancement of its habitat.

Explanation ENV10

13.57

Some species of animals and plants are protected by law and their presence is a material consideration in planning decisions. All wild birds and certain plants and animals are protected under the Wildlife and Countryside Act 1981, in which case it is a criminal offence to harm the species or their habitat. Bats and great crested newts are further protected under the Habitats Regulations. Developments affecting such species must pass statutory tests that are laid down in the Regulations. In addition to planning permission such developments may require a licence which can be obtained from the Department of the Environment, Food and Rural Affairs.

13.58

It is advisable for prospective developers to check as early as possible whether any protected, rare or vulnerable species are present on potential sites for development. Where proposals may harm such species or their habitat an appropriate survey should be carried out by a suitably experienced and qualified person and submitted with the proposal. If it is considered that a development would be likely to result in harm to a legally protected species or its habitat, English Nature will be consulted before the application is determined.

13.59

The North Merseyside Biodiversity Action Plan identifies the following species in Knowsley which are of conservation concern:

Corn Bunting, Grey Partridge, Lapwing, Skylark, Song thrush, Urban Birds (House Sparrow, Starling), Bats, Brown Hare, Water Vole, Common Lizard, Great Crested Newt and Bluebells.

Procedures

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All Planning applications likely to affect protected, rare or vulnerable species should be supported by an expert ecological survey and assessment. This should:

a) Describe in full the nature conservation interest on the site and the likely impact of the development on this; and

b) Identify any mitigation measures that will be included to offset any harm to nature conservation interests.

Policy Links
Policy G6	“Conversion or Change of Use of Existing Buildings in the Green Belt”
Policy OS2	“Urban Greenspace”
Policy ENV9	“Protection of Habitats and Designated Sites”

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