Regulation 19 Rutland Local Plan

Policy  EN1 - Protection of Sites, Habitats and Species Comment

Development resulting in significant harm to biodiversity will not be permitted. Harm to biodiversity must always first be avoided and minimised. Where avoidance of harm is not possible mitigation must be provided As a last resort, compensation must be provided, to at least the equivalent ecological value.

For designated sites and other important habitat, this means:

1. Development that would adversely affect the integrity, directly or indirectly, of internationally designated habitat sites (such as RAMSAR) and sites within the National Sites Network (including new and existing SPAs) or their functionally-linked habitats, will not be permitted other than in exceptional circumstances where it can be demonstrated that:
   1. there are no feasible alternative solutions that would be less damaging or avoid damage to the site;
   2. the proposal needs to be carried out for imperative reasons of overriding public interest;
   3. the necessary compensatory measures can be secured.
2. Development that would adversely affect, directly or indirectly nationally designated sites including SSSIs will not be permitted except in exceptional circumstances where it can be demonstrated:
   1. the benefits of the development, at this site, clearly outweigh both the impacts that it is likely to have on the features of the site that make it of special scientific interest and any broader impacts on the national network of Sites of Special Scientific Interest;
   2. mitigation measures can be secured to prevent any significant adverse effect on the site, including retention of existing habitat and vegetation in situ; and
   3. provision of replacement habitat creation and bespoke measures can be secured.
3. Development that would adversely affect, directly or indirectly other habitats or features of biodiversity/geodiversity importance or value will only be permitted in the following cases:
   1. for Local Wildlife Sites, Local Nature Reserves, Regionally Important Geological/ Geomorphological Sites, and other sites of equivalent nature conservation value, where material considerations are sufficient to outweigh the local biological, geological/ geomorphological and community/ amenity value of the site; where impacts have been minimised; and where there are opportunities to replace and/or offset the loss to at least equivalent or greater ecological value.
   2. for UK Priority Habitats where the importance of the development and its need for that particular location is sufficient to override the value of the species or habitat; and where impacts have been minimised; and where it can be demonstrated that it is possible to replace and/or offset the loss to at least equivalent or greater ecological value.
   3. for locally important habitats, including those identified in the Leicestershire and Rutland Biodiversity Action Plan where the importance of the development and its need for that particular location is sufficient to override the value of the habitat.
   4. for features of the landscape such as trees, copses, woodlands, grasslands, ponds, roadside verges, veteran trees, hedgerows, and watercourses and their corridors if they are of amenity, wildlife, or landscape value, or if they contribute to a wider network of habitats, where such features are retained and enhanced unless the loss of such features is unavoidable and material considerations outweigh the need to retain the features.
4. Development is expected to protect and enhance irreplaceable habitats (within Rutland including (but not exclusive to) ancient woodlands; ancient and veteran trees; and priority calcareous and neutral grasslands). Development negatively impacting irreplaceable habitats will not be permitted unless there are wholly exceptional circumstances, and a suitable mitigation and compensation strategy is provided.
5. In all cases:
   1. firstly, any harm to the nature conservation value of the site should be avoided where possible before mitigation and as a last resort compensation are considered, and
   2. secondly, compensatory provision of at least equal nature conservation value is made for any outstanding harm, in close proximity to where the losses occur, or within nearby existing ecological networks identified within the Local Nature Recovery Strategy and
   3. thirdly, Biodiversity Net Gain will be delivered (in accordance with policy EN3) and managed in perpetuity (minimum of 30 years) through the appropriate means e.g., a legal agreement.
   4. then, as appropriate:
      1. measures for the protection and recovery of priority species are made.
      2. provision is made for the management of retained and created habitat features.
      3. site lighting details are designed to avoid harm to nature conservation interests; including habitat connectivity and function as part of an ecological corridor.