Return to Thomson Group

01483 466 000

enquiries@thomsonecology.com

Thomson Ecology HandbookNational planning law and wildlife | Selected highlights

TEH Index

Part 1: Legal frameworks

Part 2: Planning policy and other guidance

Part 3: Development and features of biodiversity importance

Part 4: Surveys and assessment

Part 5: Mitigation and enhancement

Part 6: Practical techniques

Selected highlights

Planning (Wales) Bill 2015

(Wales)

The Welsh Government is now able to make its own primary legislation and is currently considering the Planning (Wales) Bill, which will amend existing legislation, including both the Town and Country Planning Act and the Planning and Compulsory Purchase Act. The Bill encompasses the whole planning system in Wales. It includes replacing the Wales Spatial Plan with a National Development Framework for Wales, introducing Strategic Development Plans, which would apply in defined strategic planning areas, and improvements to the Local Development Plan process. It also includes proposals for statutory pre-application consultation and to enable Welsh Ministers to determine planning applications for nationally significant developments in Wales.

The Town and Country Planning (Development Management Procedure) (England) Order 2010 (The DMPO)

(England)

The order, which came into force on the 1st October 2010, consolidates with amendments the provisions of the Town and Country Planning (General Development Procedure) Order 1995 (The GDPO).

The DMPO applies to all planning applications made in England and includes the use of a standard application form, known as 1APP, when applying for planning permission (except minerals) throughout England and specifies the information required to be submitted with the planning application in order for the planning application to be considered valid.

The information required to support a planning application is of two types: items on the national core list and items on the local list. The items on the national core list are statutory, while the items on the local list are selected by the local authority based on recommendations provided by Central Government. Amongst the recommendations made by Central Government for the local list is the inclusion of a biodiversity survey and report. This means that where a local authority has included the requirement for a biodiversity survey and report in their local list, any planning application submitted without one could be considered invalid.

The recommendation makes specific reference to designated sites and protected species and the guidance given by Planning Policy Statement 9, PAS 2010 and the Association of Local Government Ecologists. However, the recommendation does not specifically mention habitats and species listed as priorities in the UK Biodiversity Action Plan.

Next: Animal Welfare law