Paragraph 7 Skylark mitigation strategy

(1)

No part of Work No. 1 may commence until a skylark mitigation strategy in relation to that part has been submitted to and approved by the Secretary of State in consultation with the relevant statutory nature conservation body and the local planning authority for the area in which the mitigation measure is to be provided.

(2)

The skylark mitigation strategy must be in accordance with the principles set out in the outline skylark mitigation strategy and include—

(a)

an assessment of the suitability of individual fields in the Eastern and Western Mitigation Areas for conversion to a spring-cropping regime with retained winter stubble. If the fields suitable for conversion under the outline skylark mitigation strategy are not to be adopted, a written explanation must be provided to the Secretary of State;

(b)

the location(s) of where the mitigation measures will be delivered and the ecological suitability of that location or locations, including details of the capacity and ability of the mitigation areas to successfully mitigate for the impact of the authorised development on skylark;

(c)

confirmation that the necessary landowner agreement(s) are in place;

(d)

an implementation timetable for delivery of the mitigation measure, including any arrangements made with a third party for implementation of the measures;

(e)

details for the ongoing management and maintenance of the mitigation measures;

(f)

details for the ongoing monitoring and reporting of the effectiveness of the mitigation measures including—

(i)

survey methods;

(ii)

survey programmes;

(iii)

success criteria; and

(iv)

timescale for the monitoring reports to be delivered under sub-paragraph (4);

(g)

details of any adaptive management or remediation measures, including the identification and justification of thresholds (including an assessment of the relevance of national, regional and county level population trends) used to trigger any alternative or adaptive management measures; and

(h)

details of how survey and monitoring data will be shared in the appropriate formats with the relevant Local Environmental Records Centre(s) and relevant ecological recording schemes.

(3)

The undertaker must implement the measures set out in the skylark mitigation strategy as approved by the Secretary of State, unless otherwise agreed by the Secretary of State following consultation with the relevant statutory nature conservation body and the local planning authority for the area in which the mitigation measure is to be provided.

(4)

Results from the monitoring and reporting scheme referred to in paragraph (2)(f) must be submitted to the Secretary of State, the relevant statutory nature conservation body and the local planning authority for the area in which the mitigation measure is to be provided following the monitoring timetables set out in the outline skylark mitigation strategy. This must include details of the effectiveness of the mitigation measures delivered. If the undertaker, or on receipt of a monitoring report, the Secretary of State, determines that the mitigation measures delivered have been ineffective, the undertaker must provide proposals for any alternative or adaptive management measures to address this. Any proposals to address the ineffectiveness of mitigation measures must thereafter be implemented by the undertaker as approved in writing by the Secretary of State in consultation with the relevant statutory nature conservation body and the local planning authority for the area in which the mitigation measure is to be provided.