Habitats and Species Regulations 2017

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Chapter 17

Habitats and Species Regulations 2017

INTRODUCTION

17.1 The Conservation of Habitats and Species Regulations 2017 (Habitats Regulations 2017) incorporate into the law in England and Wales the requirements of the EU Directives on:

(a) the conservation of natural habitats and of wild fauna and flora;¹and
(b) wild birds.²

17.2 The following is no more than a brief overview of the provisions of the Habitats Regulations 2017 which came into force on 30/11/2017. The Habitats Regulations 2010 were amended ten times since they were last consolidated in 2010 and the legislation has been consolidated yet again, making only minor changes reflecting changes to related legislation.³

17.3 A more detailed analysis of the provisions of the Habitats Regulations

2017 is beyond the scope of this book.

¹Council Directive 92/43/EEC of 21/5/1992 on the conservation of natural habitats and of wild fauna and flora (Habitats Directive), as last amended by Council Directive 2013/17/EU of 10/6/2013.

²Council Directive 79/409/EEC of 2/4/1979 on the conservation of wild birds, replaced by the

Council Directive 2009/147/EC of 30/11/2009 on the conservation of wild birds (Birds Directive), as last amended by Council Directive 2013/17/EU of 10/6/2013.

³In summary, the Habitats Regulations 2017 provide for the designation and protection of

‘European sites’, the protection of ‘European protected species’ and the adaptation of planning and other controls for the protection of European sites. By reg 42, those species identified in Sch 2 and their breeding sites/resting places are protected. It is in relation to these species that a European Protected Species Licence is required. The extent of the revocations affecting the 2010 Regulations is very limited (see Sch 7 and Explanatory Note).

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346 Planning Law: A Practitioner’s Handbook

OVERVIEW OF HABITATS REGULATIONS 2017

17.4 They impose duties on public bodies (including planning authorities) to exercise their nature conservation powers so as to comply with the Habitats Directive on the conservation of natural habitats and of wild fauna and flora and the new Wild Birds Directive on the conservation of wild birds.⁴

17.5 They make provision for the selection, designation, registration and notification of sites to be protected under the Habitats Directive (‘European sites’).⁵Special Areas of Conservation (SACs) are strictly protected sites designated under the Habitats Directive. Special Protection Areas (SPAs) are similarly strictly protected sites classified in accordance with the Birds Directive, Article 4. They are classified for rare and vulnerable birds and for regularly occurring migratory species.

17.6 They make provision for management agreements in relation to European sites.⁶

17.7 They make provision in respect of European sites for:

(a) the control of damaging operations;
(b) the control of potentially damaging operations including the power to make special nature conservation orders, stop notices and restoration orders;
(c) the provision of byelaws (including the creation of a criminal offence for breach of a stop notice); and

(d) compulsory purchase.⁷

⁴Regulation 9 requires public bodies to exercise their nature conservation functions so as to comply with the Habitats Directive and the new Wild Birds Directive; reg 10 imposes duties on public bodies in relation to wild bird habitats; and reg 11 requires nature conservation bodies to...