Habitats and wildlife issues for developers
Habitats and wildlife issues for developers

The following Environment guidance note provides comprehensive and up to date legal information covering:

  • Habitats and wildlife issues for developers
  • Brexit impact
  • Protected areas and protected sites
  • Protected species
  • Biodiversity
  • Protection and management of hedgerows
  • Mitigation and compensation plan
  • Mitigation licence
  • Consultation
  • Nationally significant infrastructure projects
  • more

Brexit impact

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content.

For further guidance, see: Brexit—impact on environmental law and Brexit Bulletin—key updates, research tips and resources.

Protected areas and protected sites

Under section 55(1) of the Town and Country Planning Act 1990 (TCPA 1990): ‘Development....means the carrying out of building, engineering, mining or other operations in, on, over or under the land, or the making of any material change in the use of any buildings or other land’. Any developer who has bought, or who is thinking of buying, land for development, or intends to undertake any development activity, must first consider whether the land is a protected site or is populated by a protected species.

A developer is responsible for finding out if any development is likely to affect a protected area or site. Protected areas and protected sites include:

  1. national parks—areas designated by reason of their natural beauty and the opportunities they afford for open-air recreation, having regard to both their character and to their position in relation to centres of population. See Practice Note: Designated areas

  2. Areas