European protected species
33.—(1) Neither the connection works nor the transmission works shall commence until final pre-construction survey work has been carried out to establish whether a European protected species is present on any of the land affected, or likely to be affected, by any part of the relevant works or in any of the trees and shrubs to be lopped or felled as part of the relevant works.
(2) Where a European protected species is shown to be present, the relevant part(s) of the relevant works shall not begin until, after consultation with Natural England and the Secretary of State for the Environment, Food and Rural Affairs, a scheme of protection and mitigation measures has been submitted to and approved by the relevant planning authority. The relevant works shall be carried out in accordance with the approved scheme, unless otherwise agreed by the relevant planning authority, after consultation with Natural England.
(3) “European protected species” has the same meaning as in regulations 40 and 44 of the Conservation of Habitats and Species Regulations 2010 (as amended)(1).