Paragraph 15 Protected speciesI1

England and Wales

(1)

No part of the authorised development is to commence 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 any part of the authorised development.

(2)

In the event that a European or other protected species or nesting birds not previously identified in the environmental statement are found at any time when carrying out the authorised development, the undertaker must cease construction of the relevant part of the works near their location, or any works within 10m of nesting birds, and report it as soon as practicable to the Ecological Clerk of Works.

(3)

Construction of the relevant part of the works must not resume until either—

(a)

the nesting birds, if relevant, have fledged and the nest is no longer in use; or

(b)

a suitably qualified and experienced ecologist, holding the relevant and appropriate licence for the species in question, determines that the relevant works do not require a protected species licence, or

(c)

any necessary licences for the protection and mitigation of the species have been obtained from Natural England.

Annotations

Commencement

I1: Sch. 2 para. 15 in force at 2.6.2022, see art. 1