The White Moss Landfill Order 2015

European protected species

10.—(1) Prior to the commencement of the operations in each of phases B, C and D of the application land, further survey work must be undertaken to establish whether any European protected species or Common Toad are present on any of the application land, in any land affected, or likely to be affected, by the authorised project, in any of the trees to be lopped or felled, or in any buildings to be demolished, during that phase of the authorised project. The scope of the further survey work must be agreed with, and the results of the survey work submitted to, the county planning authority.

(2) “European protected species” has the same meaning as in regulations 40 and 44 of the Conservation of Habitats and Species Regulations 2010(1).

(3) If European protected species or Common Toad are identified during the further survey work, no works within that phase may commence until a mitigation scheme has been approved by the county planning authority. The mitigation measures contained in the approved scheme must be undertaken prior to the commencement of development in that phase.

(1)

SI. 2010/490 (as amended).