We are all aware of the key policy changes codified by Natural England in April 2017, and JFA dedicated two newsletters to the subject during the consultation and adoption period. See our February 2017 article for a discussion of this.
JFA recently attended a seminar that set out how the policy changes are now being applied. In addition, certain Court cases have now clarified the position in relation to what information is necessary at the planning application stage, and these are also summarised below:
Key issue – use preliminary consultation with the Agency as a way to reduce complexity of approach particularly in light of Policies 1 – 4. WCA versus EPS license. Notwithstanding the presence of an EPSML, it is still possible to commit an offense under the Act. Having a license does not confer immunity from other offenses in relation to wildlife. For small projects and non-EIA development: 1) do Phase 1 surveys and further surveys where possible; 2) do extra surveys even if conditions are sub-optimal; 3) can mitigation be accommodated? If so, it is acceptable for LPA to assume presence of EPS without full survey data.
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