Paragraph 35 European protected species: onshoreI1
England, Wales and Scotland
No stage of the onshore works may commence until F1, for that stage, final pre-construction survey work has been carried out to establish whether a European protected species is present on any of the land affected, or likely to be affected, by any part of F2that stage of onshore works or in any of the trees to be lopped or felled as part of F3that stage of onshore works.
Where a European protected species is shown to be present, the stage of the onshore works likely to affect the species must not commence until, after consultation with the relevant statutory nature conservation body and the Secretary of State for the Environment, Food and Rural Affairs, a scheme of protection and mitigation measures F4for that stage has been submitted to and approved by the relevant planning authority.
F5Each stage of the onshore works which requires a scheme of protection and mitigation measures in accordance with paragraph 2 of this requirement must be carried out in accordance with the approved scheme.
In this Requirement, “European protected species” is a European protected species of animal within the meaning of Part 3 (protection of species) of F6the Conservation of Habitats and Species Regulations 2017.
For the avoidance of doubt, each scheme approved under paragraph (2) of this requirement may cover one or more stages of the onshore works.
Annotations
Textual amendments
- F1
Words in Sch. 1 Pt. 3 para. 35(1) inserted (1.12.2020) by The Dogger Bank Teesside A and B Offshore Wind Farm (Amendment) (No. 2) Order 2020 (S.I. 2020/1389), arts. 1, 27(a)(i)
- F2
Words in Sch. 1 Pt. 3 para. 35(1) substituted (1.12.2020) by The Dogger Bank Teesside A and B Offshore Wind Farm (Amendment) (No. 2) Order 2020 (S.I. 2020/1389), arts. 1, 27(a)(ii)
- F3
Words in Sch. 1 Pt. 3 para. 35(1) substituted (1.12.2020) by The Dogger Bank Teesside A and B Offshore Wind Farm (Amendment) (No. 2) Order 2020 (S.I. 2020/1389), arts. 1, 27(a)(iii)
- F4
Words in Sch. 1 Pt. 3 para. 35(2) inserted (1.12.2020) by The Dogger Bank Teesside A and B Offshore Wind Farm (Amendment) (No. 2) Order 2020 (S.I. 2020/1389), arts. 1, 27(b)
- F5
Words in Sch. 1 Pt. 3 para. 35(3) substituted (1.12.2020) by The Dogger Bank Teesside A and B Offshore Wind Farm (Amendment) (No. 2) Order 2020 (S.I. 2020/1389), arts. 1, 27(c)
- F6
Words in Sch. 1 para. 35(4) substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 61
- F7
Sch. 1 Pt. 3 para. 35(5) inserted (1.12.2020) by The Dogger Bank Teesside A and B Offshore Wind Farm (Amendment) (No. 2) Order 2020 (S.I. 2020/1389), arts. 1, 27(d)
Commencement
- I1
Sch. 1 Pt. 3 para. 35 in force at 26.8.2015, see art. 1