The Conservation (Natural Habitats, &c.) Regulations 1994

Nature conservation policy in planning contexts

37.—(1) For the purposes of the planning enactments mentioned below, policies in respect of the conservation of the natural beauty and amenity of the land shall be taken to include policies encouraging the management of features of the landscape which are of major importance for wild flora and fauna.

Such features 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.

(2) The enactments referred to in paragraph (1) are–

(a) in the Town and Country Planning Act 1990(1), section 12(3A) (unitary development plans), section 31(3) (structure plans) and section 36(3)(2) (local plans);

(b) in the Town and Country Planning (Scotland) Act 1972(3), section 5(3)(a) (structure plans) and section 9(3)(a) (local plans)(4).

(1)

1990 c. 8.

(2)

Section 12(3A) was inserted, and sections 31(3) and 36(3) were substituted, by paragraphs 2(1), 16 and 17 respectively of Schedule 4 to the Planning and Compensation Act 1991 (c. 34).

(3)

1972 c. 52.

(4)

The relevant passages in sections 5(3)(a) and 9(3)(a) were inserted by paragraphs 3 and 4 of Schedule 13 to the Planning and Compensation Act 1991 (c. 34).