The Keuper Underground Gas Storage Facility Order 2017

European protected species

21.—(1) No part of authorised development 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 that part or in any of the trees and shrubs to be lopped or felled during construction of that part.

(2) Where a European protected species is shown to be present, the relevant part of the authorised development shall not begin until, after consultation with Natural England and the relevant planning authority, a scheme of protection and mitigation measures has been submitted to and approved in writing by the relevant planning authority.

(3) Unless otherwise agreed in writing by the relevant planning authority after consultation with Natural England, the undertaker shall implement the protection and mitigation measures approved under sub-paragraph (2).

(4) In this requirement European protected species has the same meaning as in regulations 40 and 44 of the Conservation of Habitats and Species Regulations 2010(1) (as amended).

(1)

S.I. 2010/490.