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GCN Caselaw

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Matt Harris View Drop Down
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    Posted: 22 Feb 2008 at 10:16am
NEWT HABITAT BLOCKS RECYCLING GROWTH

22 February 2008

The extension of a recycling site in Glamorgan has been rejected following a ruling that the appellant had failed to demonstrate that it would not result in the loss of the terrestrial habitat of a protected species.

The council argued that the site was within 500m of a pond known to be a great crested newt habitat. The newts were a European protected species under schedule 2 of the Conservation (Natural Habitats) Regulations 1994 and the Conservation (Natural Habitats) (Amendment) Regulations 2007. The council presented survey results indicating that newt eggs were found on the margins of the pond.

The inspector noted that terrestrial hibernation habitats for such newts were known to span this distance. He found no evidence that the woodland between the pond and the appeal site could not support a wildlife corridor and a refuge for the species or that the area that drained into the pond would not be part of the newts' habitat.

The Countryside Council for Wales had objected to the proposal because there was insufficient information to assess the possible effects on the great crested newt population or the presence on the site of habitat that could support the species. The inspector agreed that this contravened national advice set out in the regulations, Planning Policy Wales and development plan policy.

DCS Number 100-052-806
Inspector Iwan Lloyd; Hearing.
Local Authority Ecologist
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