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2 Development Plans

13.149 The implementation of the Habitats Directive284 has had a major impact upon land use planning for the countryside. All local development plans documents must include policies in respect of the conservation of the natural beauty and amenity of the countryside and the landscape.

The Habitats Directive requires EU member states to encourage, through their land use planning and development policies, the management of features of the landscape which are of major importance for the genetic exchange, dispersal and migration of wild flora and fauna. Accordingly, local development plans and regional strategies must ‘include policies encouraging the management of features of the landscape which are of major importance for wild flora and fauna’.285

13.150 The Directive seeks to ensure that consideration is given through the development control process to the protection of linear habitat features which are necessary for the migration, dispersal and genetic exchange of wild species.286 The features to be accommodated in plans are those which,’ by virtue of their lineal or continuous structure’ or their function as ‘stepping stones’ are essential to the migration, dispersal and genetic exchange of wild species – features specified in the Directive within this category include rivers, field boundaries, ponds or small woods.287 Planning policy requires that local authorities should, when formulating their development plans, identify policies on the form and location of development that take a strategic approach to the conservation, enhancement and restoration of biodiversity.288 The National Planning Policy Framework recommends that, in order to minimise impacts on biodiversity, planning policies should plan for biodiversity at a landscape scale across local authority boundaries and also identity components of local ecological networks, including not only national and internationally designated sites but also wildlife corridors and stepping stones that connect them, and areas identified by local partnerships for habitat restoration or creation.289

13.151 Local authorities should, in their local development documents, indicate the location of designated sites (making clear distinctions between the hierarchy of international, national, regional and locally designated sites), and identify areas for the restoration and creation of new priority habitats which contribute to regional targets, and support the restoration and creation of habitats through appropriate policies.290

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Source: Rodgers Christopher. Agricultural Law. Bloomsbury Publishing,2016. — 914 p.. 2016
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