The Conservation of Habitats and Species Regulations 2010

Nature conservation policy in planning contexts

Nature conservation policy in planning contexts

39.—(1) For the purposes of—

(a) subsection (3) of section 17(1) (local development documents) of the Planning and Compulsory Purchase Act 2004(2),

(b) subsection (2)(b) of section 62 (local development plan) of that Act, and

(c) subsection (2)(b) of section 70 (regional strategy) of the Local Democracy, Economic Development and Construction Act 2009(3),

policies relating to the development and use of land are to be taken to include policies encouraging the management of features of the landscape which are of major importance for wild fauna and flora.

(2) For the purposes of—

(a) subsection (3A) of section 12(4) (preparation of unitary development plan) of the TCPA 1990;

(b) subsection (3) of section 31(5) (structure plans: continuity, form and content) of that Act; and

(c) subsection (3) of section 36(6) (local plans) of that Act,

policies in respect of the conservation of the natural beauty and amenity of the land are to be taken to include policies encouraging the management of features of the landscape which are of major importance for wild fauna and flora.

(3) The features of the landscape referred to in paragraphs (1) and (2) are those which, by virtue of their linear and continuous structure (such as rivers with their banks or the traditional systems of marking field boundaries) or their function as “stepping stones” (such as ponds or small woods), are essential for the migration, dispersal and genetic exchange of wild species.

(4) Where the Secretary of State considers it necessary, the Secretary of State must include in a national policy statement under Part 2 (national policy statements) of the Planning Act 2008(7) policy that encourages the management of such features of the landscape (as mentioned in paragraph (3)) which are of major importance for wild fauna and flora.

(1)

Section 17(3) was amended by the Planning Act 2008 (c. 29), section 180(3)(b).

(2)

2004 c. 5.

(3)

2009 c. 20.

(4)

Section 12(3A) was inserted by the Planning and Compensation Act 1991 (c. 34), paragraph 2(1) of Schedule 4. Part 2 of the TCPA 1990 (which includes sections 12, 31 and 36) was repealed by the Planning and Compulsory Purchase Act 2004 (c. 5), Schedule 9, subject to transitional provisions contained in Schedule 8 to that Act. In relation to Wales, transitional provisions contained in article 4 of S.I. 2005/1229 (W. 87) (C. 56) have the effect that section 12 of the TCPA 1990 continues to apply in relation to certain local planning authorities.

(5)

Section 31(3) was substituted by the Planning and Compensation Act 1991 (c. 34), paragraph 16 of Schedule 4.

(6)

Section 36 was substituted by the Planning and Compensation Act 1991 (c. 34), paragraph 17 of Schedule 4.

(7)

2008 c. 29.