Planning considerations about biodiversity and wildlife

Biodiversity considerations and offences

The EU Habitats Directive is implemented by the Conservation of Habitats and Species Regulations 2010 (the Conservation Regulations 2010).

Where a European Protected Species (EPS) might be affected by a development Regulation 9(5) of the Conservation Regulations 2010 applies.

This means the following is an offence:

  • deliberate capture or killing or injuring of an EPS

  • deliberate taking or destroying of EPS eggs

  • deliberate disturbance of a EPS (including anything which is likely to impair their ability to survive, to breed or reproduce, or to rear or nurture their young, or, in the case of animals of a hibernating or migratory species, to hibernate or migrate, or to affect significantly the local distribution or abundance of the species to which they belong)

  • damage or destruction of a EPS breeding site or resting place (throughout the year). e.g. bat maternity roost (breeding site) or hibernation or summer roost (resting place), great crested newt pond (breeding site) or logpiles / piles of stones (resting place), dormice nest (breeding site or resting place (where it hibernates).

In some circumstances you can 'derogate' from this protection.