# The Town and Country Planning (Entertainment Resort Complex, Bedford) Special Development (No. 2) Order 2025, Paragraph 8: Habitat creation and enhancement plans


(1) Subject to sub-paragraph (3), no construction work may begin in a part of the Order land where—
(a) an endorsed habitat location plan, or
(b) if a habitat location plan has not yet been endorsed, Figure 1 (Indicative Habitat Creation and Enhancement Plan) of reference document 11 (outline habitat creation and enhancement plan),
shows that a habitat is to be created, enhanced or retained (a “habitat location”), unless the criteria specified in sub-paragraph (2) are satisfied in respect of that part of the Order land.
(2) The criteria are that—
(a) the site controller has submitted to the Secretary of State for approval a plan relating to the habitat location that—
(i) is in substantial accordance with reference document 11 (outline habitat creation and enhancement plan), and
(ii) meets the requirements of sub-paragraphs (4) and (5)
(“habitat creation and enhancement plan”), and
(b) the Secretary of State has endorsed the plan.
(3) Preliminary work that does not involve any interference with the habitats of relevant species for which an alternative habitat has not yet been provided may begin in a habitat location before a habitat creation and enhancement plan has been submitted or endorsed in accordance with sub-paragraph (2) in respect of that habitat location.
(4) A habitat creation and enhancement plan must include—
(a) an OS plan, showing—
(i) the location of the habitat location to which it relates in relation to the rest of the Order land;
(ii) the extent of each specified habitat to be created, enhanced or retained in that habitat location, which is to be given in kilometres in the case of watercourses and hedgerows and in hectares for all other types of habitat;
(iii) the location of any—
(aa) dark corridor;
(bb) wildlife crossing or underpass feature;
(cc) diverted watercourse corridor or aquatic habitat, including reedbeds or banks,
within the habitat location;
(b) details of the species that the creation, enhancement or retention of a specified habitat in that habitat location is intended to support (“target species”).
(5) A habitat creation and enhancement plan must set out, for each specified habitat that is to be created, enhanced or retained in the habitat location to which it relates—
(a) whether it is to be created, enhanced, or retained;
(b) a condition assessment of the specified habitat and its target species, describing their presence, population, and geographical distribution in the habitat location;
(c) for monitoring purposes, the target condition to be achieved for the specified habitat and each of its target species under the plan by the date of Grand Opening;
(d) in relation to each habitat type and target species, the specific actions to be carried out to create, enhance or retain specified habitats of that type and for that species, including—
(i) soil preparation, planting techniques, and species selection;
(ii) details of existing and proposed ground levels, comprising spot heights, gradients and contours, grading, ground modelling and earthwork;
(iii) any steps to be taken to transplant and protect target species;
(e) details of any structure or feature that is to be installed or retained to help maintain the population or geographical distribution of target species;
(f) a timetable for implementing the specified habitat’s creation, enhancement or retention that is in accordance with the requirements of condition 6(1) (specified habitats: general), or the date by which such a timetable will be separately submitted to the Secretary of State for approval.
(6) A habitat creation and enhancement plan that relates to a habitat location which is proposed to include a dark corridor must explain how the requirements specified in sub-paragraph (7) will be complied with in respect of that dark corridor.
(7) The requirements are—
(a) if an adjacent hedge or other linear feature forms the flightline for the dark corridor, that hedge or feature must be—
(i) in the control of, or on land owned or controlled by, the site controller, its affiliates, or a body within paragraph (a), (b) or (c) of condition 4(4) (core controls), or
(ii) subject to an agreement which ensures that it is maintained;
(b) levels of illuminance arising from authorised development must not exceed—
(i) 0.5 lux in those parts of the dark corridor where there are trees suitable for bat roosting, or
(ii) 1 lux in other parts of the dark corridor;
(c) trees, shrubs and other vegetation must be retained or planted so that—
(i) the dark corridor provides a flightline for bats at least 5 metres above the height of any adjacent road, and
(ii) the gaps between canopies of vegetation in the dark corridor are less than 10 metres wide wherever practicable and never more than 20 metres wide.
(8) The site controller must notify the Secretary of State when the things required to be done under the habitat creation and enhancement plan have been done.

---
Source: https://www.legislation.gov.uk/uksi/2025/1322/schedule/3/paragraph/8 (the official version)
Page: https://openlegislation.uk/town-and-country-planning-entertainment-resort-complex-bedford-special-development-no-2-order-2025/schedule-3/paragraph-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.