By Paul Michael Reynolds
1.0 Introduction
The following report outlines the possible impacts upon
building developments (and other areas) where flora, fauna and habitats which are protected by
both UK UK
2.0 Legislation concerning the
conservation of flora and fauna
2.1 Wildlife and
Countryside Act 1981
This Act consolidated and amended existing UK
According to the Wildlife
and Countryside Act 1981 Section 1 paragraph 1-
(1)Subject to the provisions of this Part, if any
person intentionally—
(a)kills, injures or takes any wild bird;
(b)takes, damages or destroys the nest of any wild
bird while that nest is in use or being built; or
(c)takes or destroys an egg of any wild bird,
he shall be guilty of an offence.
Therefore if a nest should be found at the site to which the
property is to be developed it is against the law to move the nest and it may
be necessary to halt development or suspend granting of a planning application
until the nest is no longer in use. Paragraph 5 of Section 1 states-
(5)Subject to the provisions of this Part, if any
person intentionally—
(a)disturbs any wild bird included in Schedule 1 while
it is building a nest or is in, on or near a nest containing eggs or young; or
(b)disturbs dependent young of such a bird,
he shall be guilty of an offence
Thus it is important that the site is inspected by a relevant
body to ensure that there are no nesting birds within the proposed development
site or within a distance of the site that heavy construction may cause a
disturbance to the nesting bird so to ensure one is not in violation of the
law.
In Section 9 paragraph 4 it states-
4)Subject to the provisions of this Part, if any
person intentionally
(a)damages or destroys, or obstructs access to, any
structure or place which any wild animal included in Schedule 5 uses for
shelter or protection; or
(b)disturbs any such animal while it is occupying a
structure or place which it uses for that purpose,
he shall be guilty of an offence.
Thus if the site of development has any other wild animals
present which are listed in Schedule 5 it would be against the law to disturb
the animal or damage its route in or out of the area so the relevant body
(Natural England/ DEFRA) must be contacted for advice in removing or dealing
with the animals in such a way that complies with Section 9 paragraph 4.
One must also be aware of the flora present at the
development site as according to section 13 paragraph 1-
13 Protection
of wild plants
(1)Subject to the provisions of this Part, if
any person—
(a)intentionally picks, uproots or destroys
any wild plant included in Schedule 8; or
(b)not being an authorised person,
intentionally uproots any wild plant not included in that Schedule,
he shall be guilty of an
offence.
There have been cases of people being
prosecuted for violating this Act I shall refer to-
Natural
England
Where a development site in Essex
had destroyed a place of habitation for the Great Crested Newt which are
protected under Schedule 5 of the Wildlife
and Countryside Act 1981 as well as section 39 of Habitat Regulations 1994. The developer was
found guilty.
2.2 Protection of Badgers Act 1992 (c. 51)
The Protection of
Badgers Act 1992 ensures the protection of Badgers and their setts so for
planning purposes it is important to ensure the proposed site is free of
occupied badger setts so not to conflict with the law. The Protection of Badgers Act 1992 section 3 states-
A person is guilty of an offence if, except
as permitted by or under this Act, he interferes with a badger sett by doing
any of the following things—
(a) damaging a
badger sett or any part of it;
(b) destroying
a badger sett;
(c) obstructing
access to, or any entrance of, a badger sett;
(d) causing a
dog to enter a badger sett; or
(e) disturbing
a badger when it is occupying a badger sett,
intending to do any of those things or being
reckless as to whether his actions would have any of those consequences.
Thus it is important so not to conflict with the law that
the proper persons check the proposed site and if there are badgers present
occupying sets that they are either left until they occupy the sets no longer
or a licence is granted for the removal/translocation of the badger set from
the appropriate body as stated in section 10 of The Protection of Badgers Act 1992-.
(1) A licence
may be granted to any person by the appropriate Conservancy Council authorising
him, notwithstanding anything in the foregoing provisions of this Act, but
subject to compliance with any conditions specified in the licence—
(a) for
scientific or educational purposes or for the conservation of badgers—
(i) to kill or
take, within an area specified in the licence by any means so specified, or to
sell, or to have in his possession, any number of badgers so specified; or
(ii) to
interfere with any badger sett within an area specified in the licence by any
means so specified;
(b) for the
purpose of any zoological gardens or collection specified in the licence, to
take within an area specified in the licence by any means so specified, or to
sell, or to have in his possession, any number of badgers so specified;
(c) for the
purpose of ringing and marking, to take badgers within an area specified in the
licence, to mark such badgers or to attach to them any ring, tag or other
marking device as specified in the licence;
(d) for the
purpose of any development as defined in section 55(1) of the [1990 c. 8.] Town
and Country Planning Act 1990 or, as respects Scotland, section 19(1) of the [1972 c. 52.] Town
and Country Planning (Scotland
(e) for the
purpose of the preservation, or archaeological investigation, of a monument
scheduled under section 1 of the [1979 c.
46.] Ancient Monuments
(f) for the
purpose of investigating whether any offence has been committed or gathering
evidence in connection with proceedings before any court, to interfere with a
badger sett within an area specified in the licence by any means so specified.
People have been prosecuted for violating the law in regards
to the protection of badger sets I refer to-
David Green, Ian
Reynolds, David Rowbotham and Martin George Trench v. Stip Stipendiary
Magistrate for the County
of Lincolnshire
This case looked at what the definition of a badger sett
actually is and ruled that a badger sett did not include the area up to and
including surface area above the systems of tunnels and chambers that make up
the badger sett. (Rees, P, 2002)
3.0
Legislation concerning the environment
3.1
Environment
Act 1995 (c. 25)
Some hedgerows are protected under section 97 of the Environment Act 1995 thus before any
removal or modification to existing hedgerows it is important that the
appropriate bodies are contacted prior to any decision being made as stated in
section 97 paragraph 6 -
(6)Before making any regulations under this
section the appropriate Ministers shall consult—
(a)such bodies appearing to them to be
representative of persons whose business interests are likely to be affected by
the proposed regulations,
(b)such bodies appearing to them to be
representative of the interests of owners or occupiers of land,
(c)such bodies appearing to them to be
representative of the interests of local authorities,
(d)such bodies whose statutory functions
include the provision to Ministers of the Crown of advice concerning matters
relating to environmental conservation, and
(e)such bodies not falling within paragraphs
(a) to (d) above,
as the appropriate Ministers
may consider appropriate.
In this case being England
The Council Directive 92/43/EEC on
the Conservation of natural habitats and of wild fauna and flora caused member
states to implement Special Areas of Conservation (SACs) and Special Protection
Areas (SPAs) as to maintain habitat diversity. In the UK UK
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