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.