What is the Purpose of the Conservation of Habitats and Species Regulations 2017?

Conservation of Habitats and Species Regulations 2017

What is the Conservation of Habitats and Species Regulations 2017?

The Conservation of Habitats and Species Regulations 2017 is an existing part of the law in the United Kingdom, applying to anyone in England and Wales, and partially impacting Scotland and Northern Ireland. More specifically, as the legislation covers fauna and flora in designated locations, it adheres to all of England and Wales but only to the extent of reserved matters in Scotland and Northern Ireland.

Within the legislation, the aim of the Conservation of Habitats and Species Regulations 2017 is to protect the hundreds of wildlife sites that appear across mainland Britain and the protected species that occupy such areas. It sits under the umbrella of the overarching Habitats Regulations alongside the Conservation of Offshore Habitats and Species Regulations 2017, with both aiming to protect wildlife sites on land, at sea and within inshore waters, as well as the countless species of animals and plants they house.

Listed sites that are protected by the legislation include:

• Special Areas of Conservation (SAC)
• Special Protection Areas (SPAs)
• Ramsar Sites

Why Was the Conservation of Habitats and Species Regulations 2017 Brought In?

Following the inevitable effects of Brexit, many laws formulated and overseen by the European Union were no longer applicable in the United Kingdom. The European Union’s Habitats Directive (Directive 92/43/EEC) and Wild Birds Directive (2009/147/EC) were impacted by the change, but fortunately, the Conservation of Habitats and Species Regulations 2017 was established beforehand as a way of applying the two directives specifically in the UK, aptly continuing even after the omission of any further intervention from the EU.

Without protection from the European Union – including the use of EU directives such as the Wild Birds Directive and the Habitats Directive – protected sites in the UK stopped being classified as European sites. The Wildlife and Countryside Act 1981 is often mentioned in relation to the Conservation of Habitats and Species Regulations 2017, as it was also used as a country-specific law for application in the UK. Both laws are designed to conserve, preserve and protect wild fauna and flora, but the Wildlife and Countryside Act 1981 offers much broader coverage and details the specific acts, exercises and practices that would breach the law.

Does the Conservation of Habitats and Species Regulations 2017 Work?

Ever since it has been active in planning, individuals in charge of staging land and property development projects have been met with clear, strict parameters set by the Conservation of Habitats and Species Regulations 2017 that would trigger certain requirements, such as the appropriate ecology surveys and a European Protected Species Licence (EPSL). It suitably translated the guidelines of the Council Directive 92/43/EEC and the Council Directive 2009/147/EC to UK planning requirements, and from that point onwards, it has been a staple in the protective measures surrounding listed natural habitats and species in the UK.

Various stakeholders and elements feature in the process of upholding such regulations, however, and each of them has the ability to strengthen or weaken its effectiveness in conjunction with development. For instance, matters that could impact the implementation of the legislation include challenges caused by climate change, compliance from local planning authorities, accurate designation of protected sites, adequate compensation and mitigation measures, and the validity of reporting from ecological consultants.

Applicable Schedules of the Conservation of Habitats and Species Regulations

Over the course of the regulations, the document itself is split into eight parts –

1. Introductory and General Provisions
2. Conservation of Natural Habitats and Habitats of Species
3. Protection of Species
4. Additional Protection of Habitats and Wild Animals and Plants
5. Licences
6. Assessment of Plans and Projects
7. Enforcement
8. Final Provisions

As many as seven different schedules feature within the regulations, and while all of them cover different aspects that are crucial to understanding the restrictions in place, certain schedules are particularly informative due to them detailing which European-protected species of animals and plants are included:

Schedule 2 of the Conservation of Habitats and Species Regulations

In Schedule 2, the European-protected species of animals are listed, including:

Schedule 5 of the Conservation of Habitats and Species Regulations

In Schedule 5, the European-protected species of plants are listed, including:

Who Enforces the Conservation of Habitats and Species Regulations?

Working in collaboration to cover all considerations throughout the planning process, such legislation is enforced by a multitude of different organisations, agencies and government bodies. At a baseline level, the local authorities will insist on adherence to the rules of the law, as it will play a role in determining planning decisions, guaranteeing the safety of protected natural habitats and species, and initiating suitable mitigation and compensation measures that will allow the development to continue.

In terms of the list of organisations and regulators tied to ensuring consistency with the application of the Conservation of Habitats and Species Regulations, bodies that work in partnership with the government include the Department for Environment, Food and Rural Affairs (DEFRA), Joint Nature Conservation Committee (JNCC) and Natural England. Alternatively, Scotland, Wales and Northern Ireland refer to NatureScot (formerly Scottish Natural Heritage), Natural Resources Wales (NRW) and the Department of Agriculture, Environment and Rural Affairs (DAERA).

Conservation of Habitats and Species Regulations Penalties

Another method of enforcing the Conservation of Habitats and Species Regulations comes from law enforcement agencies such as the police. If a failure to comply with the parameters of the policy falls under a breach of the law, the police or corresponding regulators, organisations or task forces may be involved. In the event of being found guilty of going against any of the legislation’s clear guidelines, penalties range from minor and manageable to major and significant.

Many different levels of punishment are in place for going against the regulations depending on the severity of the breach and the damage caused. For instance, a penalty could fluctuate anywhere from license revocation, restitution or compensation and enforcement notices to confiscation of property, civil penalties or the case being treated as a criminal offence, leading to a potentially unlimited fine or even a prison sentence.

Development and the Conservation of Habitats and Species Regulations

Through the emergence of the Conservation of Habitats and Species Regulations 2017 – and other pieces of legislation that cater to the conservation, preservation and protection of wild fauna and flora such as the Wildlife and Countryside Act 1981 – a spotlight was lit above the inevitable association between planning and the importance of consideration towards European protected species and recognised European sites after the UK’s departure from the EU.

It is, however, important to stress that both when protective measures were overseen via the Habitats Directive (Council Directive 92/43/EEC) and Wild Birds Directive (Directive 2009/147/EC), and the Conservation of Habitats and Species Regulations 2017, applications for planning permission were restricted without evidence of an ecology survey conducted by a licensed, qualified and trained ecological consultant. The requirement is just as valid today, and through more recent policies such as biodiversity net gain (BNG), restrictions surrounding development and obtaining successful planning applications are only likely to tighten.

How Planning is Affected by the Conservation of Habitats and Species Regulations

Even if a development site appears to be lacking in European protected species or isn’t listed among registered European sites, it is always recommended to book an ecological survey as a way of ensuring that relevant laws such as the Conservation of Habitats and Species Regulations 2017 will not be broken as a result of your planned development works. Common methods involve a Preliminary Ecological Appraisal (PEA) / Extended Phase 1 Habitat Survey, Ecological Impact Assessment (EcIA), Ecological Walkover Survey or another form of starting inspection.

A prior investigation into existing information regarding the development site and present native wild fauna and flora will be conducted before the ecological surveyor attends the site for a first-hand overview of natural features. Using the appropriate conservation of natural habitats and species regulations as a guideline, the ecologist will then determine whether the development plans are likely to impact any present habitats and species. Ideally, none of the evidence will suggest occupancy of any protected species, no further surveys will be needed, and the application for planning consent can be supported by the ecology report.

Depending on the nature of the confirmed or suspected animals or plants, any number of protected species surveys may be needed, as well as a European Protected Species Licence (EPSL) to allow for any intervention with the animal or plant species and prevent the development from derogating from the regulations, allowing it to continue. One or several inspections could be required to uncover sufficient information, but after this point, the ecological consultants managing the survey process will be able to assemble their conclusions based on their findings and establish mitigation and compensation measures that will enable you to move forward and claim a planning condition. Any additional assessments will also be suggested at this point, with the ecologist aiming to do anything necessary to guarantee planning permission.

Receive Conservation of Habitats and Species Regulations Guidance

Back when the habitats regulations fell under the Habitats Directive (Council Directive 92/43/EEC) / Wild Birds Directive (Directive 2009/147/EC), Arbtech was conducting ecological assessments up and down the length and breadth of the country, and that continues today under the guidelines of such legislation as the Conservation of Habitats and Species Regulations 2017. Regardless of the potential ecological limitations of protected species of wild fauna or flora, our ecological consultancy is equipped to deal with any issue.

You may be aware that your development site houses European-protected species or is classified among the many European sites, you may have reason to believe that there are ecological constraints on your site, or you may simply want assurances that you aren’t breaking any laws before starting your development project. Whatever the circumstance, our team possess a comprehensive understanding and knowledge of relevant legislation such as the Conservation of Habitats and Species Regulations 2017 and the Wildlife and Countryside Act 1981 and how they can infringe on your development plans.

Reach out to us via email, over the phone or by filling out an online quote form, and providing you give us as much information about your development site and planning project as possible, we will be able to supply you with an accurate free quote for undertaking the necessary ecology surveys. The quote itself will be sent to you immediately, and from there, you can choose whether or not to pick Arbtech as your supplier of ecological services. Following all required inspections and the creation of corresponding ecology reports, we will be able to assist you in the process of obtaining an EPSL licence and securing planning permission from your local planning authority.