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Chapter 3: Protecting and Enhancing the Historic and Natural Environment

Deposit Draft Policy Number and Title Proposed Modification / New Policy Reason for Proposed Modification
Environment Policy 1: Sites and Buildings of Historic Architectural and Archaeological Interest
Environment Policy 1: Historic Environment
Sites and Buildings of Historic Architectural and Archaeological Interest
Measures will be taken to identify, protect, preserve and enhance areas, sites, buildings and settings of historic or architectural interest or archaeological importance. Development within Conservation Areas will be required to preserve or enhance the character and/or appearance of the area.
Proposals for development on, in, or adjacent to archaeological or other historic sites and buildings will be considered against the need to ensure their preservation and setting.
Development will only be acceptable where it would not adversely affect any scheduled ancient monument or other nationally important archaeological site, or its setting or amenity value.
Where a known site of county or local significance is to be affected, development may be acceptable which if it would allows its preservation in situ, or, where this is impractical, its investigation and recording.
Development will only be acceptable in areas of archaeological potential if proper evaluation of the archaeological implications of the proposed development has been undertaken and taken into account.
In response to representations to the deposit draft plan and in recognition of the fact that development may be affected by the findings of any archaeological evaluation.
Environment Policy 3: Ecology
Environment Policy 3: Ecology
Measures will be taken to:
promote natural biodiversity;
protect, conserve and manage sites of ecological importance and protected species and their habitats; and
enhance the wider ecological value of the environment.
Development will only be acceptable where it would not adversely affect any:
protected species or its habitat; or
proposed or designated National Nature Reserve, Special Protection Area, Special Area of Conservation, Ramsar Site or Site of Special Scientific Interest designated because of its ecological interest,
unless an overriding national need for the development can be shown to outweigh the site's ecological interest and there is no other less ecologically important site available for that development.
Development will only be acceptable where it would not adversely affect any:
Site of Importance for Nature Conservation;
Local Nature Reserve; or,
landscape feature of importance to wild flora and fauna by reason of its continuous nature or function as a stepping stone between habitats,
unless an overriding national or local need can be shown to outweigh the ecological interest.
In exceptional circumstances where development is allowed which could adversely affect a site of ecological importance, conditions will be imposed to:
a) minimise disturbance;
b) conserve and manage its ecological interest as far as possible; and
c) where damage is unavoidable, provide new or replacement habitats so that the total ecological resource remains at least at its current level.
Environment Policy 3: Biodiversity Enhancement
Measures will be taken through development opportunities to;
(a) protect, maintain and enhance natural biodiversity, having regard to the objectives of the Leicester, Leicestershire and Rutland Biodiversity Action Plan;
(b) protect, conserve and manage sites of ecological importance and protected species and their habitats;
(c) identify locations for habitat restoration and creation schemes, especially where they would link corridors, link isolated habitats or create buffer zones; and
(d) maintain and enhance the wider ecological value of the environment.
In accordance with the Panel Recommendations for the reasons given in the Panel Report (paragraphs 6.6 to 6.13).
This modification builds on the Pre-EIP Change proposed for this policy.
Environment Policy 3: Ecology
Environment Policy 3A: Protection of Important Species and Habitats
(i) Habitats of International Importance
Development will only be acceptable where it would not adversely affect designated or proposed Special Protection Areas, Special Areas of Conservation or Ramsar sites, unless an overriding international need for the development can be shown to outweigh the sites’ ecological interest and there are no alternative solutions available for that development.
(ii) Habitats of National Importance
Development will only be acceptable where it would not adversely affect designated or proposed National Nature Reserves, or Sites of Special Scientific Interest designated because of their ecological interest, unless an overriding national need for the development can be shown to outweigh the sites’ ecological interest and there are no alternative solutions available for that development.
(iii) Habitats of Local Importance
Development will only be acceptable where it would not adversely affect:
  • Sites of Importance for Nature Conservation;
  • Local Nature Reserves;
  • priority habitats identified in the Leicester, Leicestershire and Rutland Biodiversity Action Plan that do not benefit from statutory protection; or,
  • landscape features of importance to wild flora and fauna by reason of their function as a wildlife corridor, link or stepping stone between habitats,
unless an overriding need can be shown to outweigh the ecological interest and there are no alternative solutions.
(iv) Species of Acknowledged Importance
In considering proposals that would have an adverse effect on a species of acknowledged importance account will be taken of:
  • the level of protection afforded to that species;
  • the sensitivity of the species and the habitat on which it depends to any potential adverse effects caused by the proposals; and,
  • the importance of the species and its habitat in the context of national and local Biodiversity Action Plans,
and development will not be permitted unless an overriding need can be proven and there are no alternative solutions.
(v) Mitigation and Compensation
Where development is allowed which could adversely affect a site or habitat of ecological importance, or a protected species, conditions will be imposed and/or planning obligations sought to:
(a) minimise disturbance;
(b) conserve and manage its ecological interest as far as possible;
(c) where appropriate, contribute towards the objectives of the Leicester, Leicestershire and Rutland Biodiversity Action Plan; and,
(d) where damage is unavoidable, provide new or replacement habitats and resting places so that the total ecological resources remains at least at its current level.
In accordance with the Panel Recommendations for the reasons given in the Panel Report (paragraphs 6.14 to 6.18) subject to some rewording to ensure consistency in the reference to 'alternative solutions' to development that may affect habitats of importance.
This modification builds on the Pre-EIP Change proposed for this policy.
Environment Policy 4: Geology
Environment Policy 4: Geology
Measures will be taken to protect and conserve sites of geological significance.
Development will only be acceptable where it would not adversely affect any designated: Regionally Important Geological Site (RIGS) or Site of Special Scientific Interest (SSSI) designated because of its geological interest unless an overriding national need
(a) Site of Special Scientific Interest (SSSI) or National Nature Reserve (NNR) designated because of its geological interest; or,
(b) Regionally Important Geological Site (RIGS).
Unless, respectively:
(a)An overriding national need; or,
(b)An overriding local need,
can be shown to outweigh the geological importance or a substitute site of equal or greater value can be provided and there is no other less geologically important site available for that development.
In the exceptional circumstances Where development is allowed which will adversely affect any site of geological importance, conditions will be imposed to:
(a) Minimise damage;
(b) Conserve its geological interest as far as possible; and,
(c)Where damage is unavoidable, provide an acceptable substitute site.
In response to representations received to the deposit draft plan.

Page Last Updated: 1 May 2003