OpenLegislation

Paragraph 9 Protected speciesI1

England, Wales and Scotland

(1)

No authorised development is to commence until 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 any part of the relevant works or in any of the trees and shrubs to be lopped or felled as part of the relevant works.

(2)

Where a protected species is shown to be, or where there is a reasonable likelihood of it being, present, the relevant parts of the relevant works must not begin until a scheme of protection and mitigation measures has been submitted to and approved in writing by the Secretary of State after consultation with Natural England.

(3)

The relevant works must be carried out in accordance with the approved scheme, and under licence where necessary, unless otherwise agreed by the Secretary of State, after consultation with Natural England.

(4)

Monitoring of impacts on protected species and habitats prior to, during and after construction, together with the monitoring and management of mitigation measures, must be carried out as far as required to meet the licence requirements.

(5)

In the event that any protected species are found at any time when carrying out the authorised development which were not previously identified in the environmental statement—

(a)

the finding must be reported immediately to Natural England; and

(b)

no activities requiring a protected species licence are to continue until a scheme of protection and mitigation measures for the protected species has been submitted in writing to, and approved in writing by, Natural England and the Secretary of State.

Annotations

Commencement

I1

Sch. 2 para. 9 in force at 18.9.2014, see art. 1