Species Protection
Introduction
Individual plant and animal species do not exist in isolation from the habitats in which they live and are often dependent on a specific habitat. The best way of protecting species is therefore through habitat protection, and management of that habitat with regard to species' requirements. These issues are considered above.

However, species require their own protection to strengthen their conservation within the legal framework. Rare species that are vulnerable to extinction and may have a history of exploitation require special legislation. Not all valued habitat is protected by any means and, furthermore, mobile species can spend a good proportion of their lives between protected sites and wider habitats.

Background to the legislation
Part I of the Wildlife and Countryside Act,1981 (as amended) is foremost among the various pieces of legislation protecting wild plants and animals in the UK. Certain species are also protected by European legislation, implemented in UK law through both the Wildlife and Countryside Act and the Conservation (Natural Habitats &c.) Regulations. Whilst wildlife law enforcement is conducted by the Police, English Nature is the advisory authority for statutorily protected species and the first point of contact for enquiries.

All of London's wild birds, with the exception of traditionally hunted and pest species, are protected from killing and catching, being held in captivity, and the wilful destruction of their nests. Some uncommon species are also protected from reckless disturbance at the nest whilst breeding. It is illegal to uproot any of London's wild plants without the landowner's permission and, in addition, a few nationally rare species may not be picked or sold.

Several of London's mammals, reptiles, amphibians and invertebrates are protected to various degrees. The fullest protection prevents killing and catching; possession and trade; reckless damage to their places of shelter and disturbance during occupation of such places. Partial protection might solely prevent killing, injuring and trade; or only damage to places of shelter and disturbance, or in some cases simply trade.

Although the Protection of Badgers Act is primarily intended as a welfare law, it effectively makes the badger a fully protected species. Moreover, all species of wild mammals are protected from cruel mistreatment by the Wild Mammals (Protection) Act.

London's specially protected species
Birds that are specially protected whilst breeding include kingfisher, hobby, peregrine, barn owl, little ringed plover and black redstart. London's more irregular breeders have included garganey, marsh warbler, Cetti's warbler, firecrest, bearded tit, avocet and common crossbill.

Fully protected animals other than birds include all bat species, common dormouse, great crested newt, badger, otter and a recent discovery, the tentacled lagoon worm. The water vole will become a fully protected species in 2004. Partially protected species include common lizard, slow-worm, grass snake and adder (intentional killing, injuring and trade only); common frog, common toad, smooth and palmate newts, chalkhill blue, small blue, purple emperor, white-letter hairstreak and stag beetle (trade only).

Specially protected plants include greater yellow-rattle, the recently discovered creeping marshwort (at the second of only two sites in the UK), pennyroyal and early gentian. The bluebell is protected from trade only.

Protected Species in Planning
Planning guidance specifically states that the presence of protected species and their habitat may be a material planning consideration in development control (PPG9 paragraph 47, DOE 1994). This includes a great many plants and animals, as we have seen that a wide variety of species are afforded some degree of legal protection through legislation. PPG9 also encourages London planning authorities to include specific policies for protected species in their Unitary Development Plans.

Species identified as a priority for the national, London, or individual borough action plans may not necessarily be afforded statutory protection (for example most invertebrates). It is appropriate therefore, to bring these priority species under the same protection in planning as those with legal protection. The revision of PPG9 should assist this.

English Nature has produced a series of guidance notes on protected species for planners and developers. These are available from English Nature [email protected]

Objectives, Actions and Targets

Objective: To ensure that planners, developers and others are fully aware of their responsibilities in respect of protected species.

Target 1: All Unitary Development Plans to have an appropriate species protection policy. Such policies should go beyond the minimum requirements of the legislation to reflect good practice in the conservation of important species.

Target 2: Review and update guidance notes on key species or species groups.