SCHEDULES

SCHEDULE 2REQUIREMENTS

PART 1REQUIREMENTS

Protected species

7.—(1) No part of the authorised development is to begin (except environmental surveys and monitoring) until for that part final pre-construction survey work has been carried out to establish whether European or nationally protected species are present on any of the land affected or likely to be affected by that part of the authorised development, or in any of the trees and shrubs to be lopped or felled as part of the relevant works.

(2) Following pre-construction survey work or at any time when carrying out the authorised development, where—

(a)a protected species is shown to be present, or where there is a reasonable likelihood of it being present;

(b)application of the relevant assessment methods used in the environmental statement show that a significant effect is likely to occur which was not previously identified in the environmental statement; and

(c)that effect is not addressed by any prior approved scheme of protection and mitigation established in accordance with this paragraph,

the relevant parts of the relevant works must cease until a scheme of protection and mitigation measures has been submitted to and approved in writing by the Secretary of State.

(3) The undertaker must consult with Natural England and the relevant planning authority on the scheme referred to in sub-paragraph (2) on matters related to their respective functions prior to submission to the Secretary of State for approval, except where a suitably qualified and experienced ecologist, holding where relevant and appropriate a licence relating to the species in question, determines that the relevant works do not require a protected species licence.

(4) The relevant works under sub-paragraph (2) must be carried out in accordance with the approved scheme, unless otherwise agreed by the Secretary of State after consultation with Natural England and the relevant planning authority on matters related to their functions, and under any necessary licences.

(5) In this paragraph—

“European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017(1); and

“nationally protected species” means any species protected under the Wildlife and Countryside Act 1981(2).