EPS processes in planning

Richard Everett made this Freedom of Information request to Babergh 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 Babergh 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

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

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

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

Data Protection,

1 Attachment

Thank you for your FOI request. Please see the attached letter

Kind Regards,

Data Protection Team
Working for Mid Suffolk District Council  and Babergh District Council
Council Offices
131 High Street
Needham Market

Tel. 01449 724690

Emails sent to and from this organisation will be monitored in accordance with the law to ensure compliance with policies and to minimize any security risks. The information contained in this email or any of its attachments may be privileged or confidential and is intended for the exclusive use of the addressee. Any unauthorised use may be unlawful. If you receive this email by mistake, please advise the sender immediately by using the reply facility in your email software. Opinions, conclusions and other information in this email that do not relate to the official business of Babergh District Council and/or Mid Suffolk District Council shall be understood as neither given nor endorsed by Babergh District Council and/or Mid Suffolk District Council.

John Mawdsley,

2 Attachments

Dear Mr Everett

In reference to your recent FOIA request, ref. BE964-1516 please find attached Checklist and Process Map concerning biodiversity and protected species. Once these documents have been completed we then consult the relevant body for their opinion of the development and any impact this may have on protected species. Once the consultation response is received by the department, the planning officer will then use this response to inform their decision.

I hope this response satisfies your queries. The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988. You are free to use it for your own purposes, including any non-commercial research you are doing and for the purposes of news reporting. Please contact me at if you wish to re-use the information for commercial purposes so that the appropriate licence can be issued, in some instances a fee will be payable.

Information you receive continues to be protected by the copyright of the person, or organisation, from which the information originated. You must ensure that you gain their permission before reproducing any third party (non Babergh copyright) information.

If you have any queries about this email please contact me. Please remember to quote the reference number above in any future communications.

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If you are not content with the outcome of the Review, you may apply directly to the Information Commissioner for a decision. Generally, the ICO cannot make a decision unless you have exhausted the Review procedure provided by the Authority. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF. www.ico.org.uk

Kind regards,

John Mawdsley
Delivery & Performance Officer – Development Management
Babergh and Mid Suffolk District Councils – Working Together
Tel: 01449 724551 / 01473 826636
Email: [email address]
www.babergh.gov.uk & www.midsuffolk.gov.uk

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