Planning Policy Statement 9 (PPS9): Biodiversity and
Geological Conservation sets out national planning policies on the
protection of biodiversity and geological conservation. Circular
06/05: Biodiversity and Geographical Conservation - Statutory
Obligations and Their Impact Within the Planning System provides
administrative guidance on application of the law in England
relating to planning and nature conservation. The aspiration of
PPS9 is to achieve no net loss of biodiversity through the planning
The Conservation of Habitats and Species
Regulations 2010 (the “Habitats
Regulations”) also require Local Planning
Authorities to have regard to the regulations including the
protection of certain species when determining planning
The Ecology Service plays an essential role in providing
advice and consultation on Worcestershire County Council planning
applications (avoiding delays, additional costs and legal
challenges), in informing planning decisions (determining the
validity and adequacy of supporting ecological information) and in
defending the ecological rationale behind planning decisions
post-application (e.g. at appeal).
Case law examples below highlight breaches in
planning policy and wildlife legislation, the photograph
below is an example of a bat roost that could easily be missed if
ecology is not appropriately taken into consideration.
Regina v Cornwall County Council
ex parte Jill Hardy, 2000.
A Judicial Review found in favour of Jill
Hardy on the basis that the applicants Environmental Statement
provided insufficient information upon which to grant planning
permission. Costs to the Local Authority are thought to be in the
range of hundreds of thousands of pounds.
Regina (on the application of Simon
Woolley) v Cheshire East Borough Council, 2009.
A Judicial Review found in favour of Simon
Woolley: it was determined that insufficient regard had been paid
to European Protected Species issues by the LPA for the
development. Costs to the Local Authority have been estimated to
run to in excess of two hundred thousand pounds.
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This page was last reviewed 5 December 2011 at 9:17.
The page is next due for review 2 June 2013.