EPS processes in planning

Richard Everett made this Freedom of Information request to Tendring District Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Tendring District Council,

I wish to request the following information under the terms of the
Freedom of Information Act 2000 'The Act'. In order to assist you
with this request, I am outlining my query as specifically as
possible. As you will understand, this may not be a definitive list
of relevant information. You should also be aware that it is a
requirement of the act to respond within 20 working days. You maybe
aware that S16 of the act provides a duty on yourselves to assist
requesters.

What is the process employed by the council for dealing with
applications regarding European Protected Species (EPS).

The information should be summarised at each stage of the planning
process from validation through to determination. Please detail
where these are different processes/procedures of the council for
determinations at Outline, Reserved Matters, and Full applications.
Please indicate trigger points for processes where this is
relevant.

If a checklist approach is employed by the council to ensure
procedure is followed correctly please provide a copy(ies) of this
(these) document(s).

If the process is different for applications determined by
committee please identify these (including but not limited to
standard wordings in reports, notices to councillors etc).

If training of officers, and or councillors, is undertaken on these
specific matters (regarding EPS, Habitats regulations assessments,
duties under habitats directive etc) please indicate when this last
took place and give an outline of what training objectives were
undertaken.

If the council has a specific policy document for treatment of
applications regarding ecological matters (that would include
assessing under the habitats directives/regulations) please supply
a link to this document, or where this not published please supply
the document.

If the council exhibits, in its opinion, an example of good
practice in this area please feel free to include this.

While it is not a requirement in FOI requests to state what this
information is sought for I am happy to disclose this. It is my
intention to compare LPAs processes so as to identify good practice
in relation to treatment of EPS in the planning process.

Yours faithfully,

Richard Everett

Nicola Miller, Tendring District Council

Dear Sir,

FREEDOM OF INFORMATION ACT 2000 – INFORMATION REQUEST

Thank you for your request for information about European Protected Species which was received on 1 February 2016. I can confirm that your enquiry is receiving attention.

In accordance with the provisions of the Freedom of Information Act 2000 you should receive a comprehensive reply to your request by 29 February 2016 unless the Council does not hold the information or there is a reason for it to be withheld.

In certain circumstances, a fee may be payable for determining, locating, retrieving and extracting information and/or the cost for disbursements such as photocopying and postage. A Fees Notice will be issued to you with details of any costs involved and you will be required to pay this before I can proceed to deal with your request.

If you have any queries or concerns, please do not hesitate to contact me. Please remember to quote the reference number above in any future communications.

Further information about your rights is also available from the Information Commissioner at: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow SK9 5AF Telephone: 0303 123 1113, www.ico.gov.uk.

Kind regards

Nicky Miller
Support Assistant (Building Control)

Tendring District Council
Council Offices, Thorpe Road, Weeley, Essex, CO16 9AJ
Email [email address]
Tel 01255 686131

www.tendringdc.gov.uk

show quoted sections

Nicola Miller, Tendring District Council

 

Dear Sir,

 

Further to your FOI request received on 1 February 2016 I trust the
following answers your enquiry.

 

What is the process employed by the council for dealing with applications
regarding European Protected Species (EPS).

 

The information should be summarised at each stage of the planning 
process from validation through to determination. Please detail  where
these are different processes/procedures of the council for 
determinations at Outline, Reserved Matters, and Full applications. 
Please indicate trigger points for processes where this is  relevant.

The process followed by the Local Planning Authority when dealing with
applications regarding EPS takes into account the following legislation
and policy: the Wildlife and Countryside Act 1981; the Protection of
Badgers Act 1992;  the Countryside and Rights of Way Act 2000; the Natural
Environment and Rural Communities Act 2006; the Habitat Regulations 2010;
the NPPF; NPPG and Circular 06/2005. In addition, reference has also to be
made to the Council's own development plan policies including EN6; EN6A;
EN6B; EN11A; EN11B; EN11C of the adopted local plan and policy PLA4 of the
emerging Local Plan and to the standing advice and any site specific
comments provided by Natural England. The processes and procedures do not
differ depending on the type of application but the level of detail
required differs so that it is proportionate to the decision making
process.

 

If a checklist approach is employed by the council to ensure  procedure is
followed correctly please provide a copy(ies) of this (these) document(s).

 

The Council's checklists are available at the following link. It is not
necessary for a EPS Survey to make an application valid but we do try to
secure any additional information that is necessary to inform a decision
as quickly as possible after the application has been made.

 

[1]http://www.tendringdc.gov.uk/planning/pl...

 

If the process is different for applications determined by  committee
please identify these (including but not limited to standard wordings in
reports, notices to councillors etc).

 

The process is not different depending on the way that the application is
determined.

 

If training of officers, and or councillors, is undertaken on these
specific matters (regarding EPS, Habitats regulations assessments, duties
under habitats directive etc) please indicate when this last  took place
and give an outline of what training objectives were undertaken.

 

The last training session was held on 20 January 2016.

 

If the council has a specific policy document for treatment of 
applications regarding ecological matters (that would include assessing
under the habitats directives/regulations) please supply  a link to this
document, or where this not published please supply  the document.

The Council does not have a specific policy document for treatment of
applications regarding ecological matters. It relies on those referred to
at question 1 above.

 

If the council exhibits, in its opinion, an example of good  practice in
this area please feel free to include this.

   

There is no recorded information available to answer this question.

While it is not a requirement in FOI requests to state what this
information is sought for I am happy to disclose this. It is my  intention
to compare LPAs processes so as to identify good practice

in relation to treatment of EPS in the planning process.

 

Noted.

 

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review.  Internal review requests should be
submitted within two months of the date of receipt of the response to your
original letter and should be addressed to Mrs. D. Bunce, Legal Services,
Town Hall, Station Road, Clacton-on-Sea, Essex CO15 1SE.  Please remember
to quote the reference number above in any future communications.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision.  The Information Commissioner can be contacted at:

 

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow
SK9 5AF, Telephone: 0303 123 1113, www.ico.gov.uk

 

If you have any other queries about this matter then please contact me.

 

Kind Regards

 

 

Nicky Miller

Support Assistant (Building Control)

 

Tendring District Council

Council Offices, Thorpe Road, Weeley, Essex, CO16 9AJ

*  [2][email address]

(  01255 686131

 

8  [3]www.tendringdc.gov.uk

 

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