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Paragraph 14 European protected speciesI1

England, Wales and Scotland

(1)

This Requirement applies if the authorised development is not commenced before 19th August 2016.

(2)

No part of the authorised development may be commenced until—

(a)

the undertaker has assessed the potential for habitats within the Order limits to have changed sufficiently to make them suitable for European protected species; and

(b)

the outcome of that assessment has been approved in writing by the relevant planning authority and Natural England.

(3)

If the relevant habitats are assessed to be suitable for European protected species, further survey work must be carried out to establish whether European protected species are present on any of the land affected, or likely to be affected, by the authorised development.

(4)

If a European protected species is shown to be present on such land, no part of the authorised development may be commenced until, after consultation with Natural England and the Secretary of State for the Environment, Food and Rural Affairs, a scheme of protection and mitigation measures has been submitted to and approved by the relevant planning authority.

(5)

The authorised development must be carried out in accordance with the approved scheme.

(6)

In this Requirement, “European protected species” means a European protected species of animal or plant within the meaning of Part 3 of F1the Conservation of Habitats and Species Regulations 2017.

Annotations

Textual amendments

F1

Words in Sch. 2 para. 14(6) substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 65

Commencement

I1

Sch. 2 para. 14 in force at 12.2.2016, see art. 1