Planning considerations about biodiversity and wildlife
In some circumstances you can 'derogate' from the protection of the EU Habitats Directive. A license may be granted by Natural England if three strict tests are met:
the activity to be licensed must be for imperative reasons of overriding public interest or for public health and safety
there must be no satisfactory alternative
favourable conservation status of the species must be maintained
We have a statutory duty to regard to these requirements and give due weight to the presence of an EPS on a development site as part of any planning, listed building, advertisement or estate management consent application.
If a planning application for a development could affect an EPS we will consider whether an offence to an EPS is likely to be committed by the development proposal.