DEALING WITH PLANNERS

The planning system has undergone some significant changes recently. Shropshire Wildlife Trust is working hard to make the changes work for wildlife.

What the Wildlife Trust does
The Trust comments on around 400 planning applications a year, engages with landowners, agents and developers about proposed developments, works with planning officers, provides data to ecological consultants to inform their work, and comments on strategic planning documents for Telford & Wrekin, Bridgnorth District Council, South Shropshire District Council, Oswestry Borough Council, Shropshire County Council, North Shropshire District Council and Shrewsbury & Atcham Borough Council.

We also provide training and professional development for planning officers and receive and follow up enquiries from the public regarding planning applications.

What you can do

• Remember that it is too late to comment on a planning application once the decision has been made and the bull-dozers are on site. Comments must be received by the planning authority before the consultation deadline (it takes 8 weeks for a planning application to be processed). Weekly planning lists are available from your local authority and can be accessed on their website.
• Check that the site is included within the Local Plan and listed for development. If it is, then the development cannot be stopped, but comments can be made with regard to the development layout and design. It is therefore very important to comment at the Local Plan or Local Development Framework stage. If the site is not listed for development, then check if it contravenes any of the policies within the Local Plan, e.g. development on areas of open space.
• If you know that a site is being targeted for development, try and gather as much information on the wildlife on the site (without trespassing) and be as scientific as possible in your approach. It is no good saying that it is a nice site and should not be developed - you need good evidence!
• Check if the site has any designations for wildlife, archaeology or landscape (for example Telford Green Network) within the vicinity.
• Form a protest or friends group and get everyone to write to the planning authority expressing their views clearly and concisely.
• When contacting the planning authority do so in a professional manner and if possible arrange a meeting with the planning officer to express your case. Do not rant over the telephone.

INFORMATION ON NATURE CONSERVATION LEGISLATION AND PLANNING GUIDELINES

PPS9 (Planning and Policy Statement 9 Biodiversity and Geological Conservation
Published in 2005 and replacing PPG 9 it sets out the government's national policies on the protection of biodiversity and geological conservation.

Key principle 1 of PPS9 states that 'plan policies and planning decisions should be based on up-to-date information about the environmental characteristics of an area', and that these characteristics should include the relevant biodiversity and geological resource.

The Good Practice Guide complements PPS9 and uses case studies and examples on ways in which planning bodies can deliver national policies in PPS9.

NERC (Natural Environment and Rural Communities Act 2006)
Section 40 Duty to conserve biodiversity states that 'every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity.
A public body includes government departments, local authorities and local planning authorities.

All these documents can be accessed and downloaded from www.communities.gov.uk following links to the planning page and then planning policies.
 

PROTECTED SPECIES AND THE RELEVANT LEGISLATION

Bats
All bats are protected
Protected under the Wildlife and Countryside Act 1981, and the Habitats Regulations 1994.

Great Crested Newt
Protected under Schedule 5 of the Wildlife and Countryside Act 1981, and Schedule 2 of the Habitat Regulations 1994.

Dormouse
Fully protected under Schedule 5 of the Wildlife and Countryside Act 1981, and Schedule 2 of the Habitats Regulations 1994.

Otter
Protected under Schedule 5 of the Wildlife and Countryside Act 1981, and Schedule 2 of the Habitats Regulations 1994 (Regulation 38).

Water Vole
Habitat only protected under Schedule 5 (Section 9 (4) only) of the Wildlife and Countryside Act 1981.

Badger
Protected under the Badgers Act 1992.