There have been a number of significant updates to UK law recently which may, among other things, impact the ecological evidence required for planning applications.

On Thursday 9th December Baker Consultants is hosting a training seminar, with environmental lawyer Penny Simpson of DLA Piper, specially designed for ecologists working in England.

The seminar will cover the Conservation of Habitats and Species Regulations 2010 (which replaced the The Conservation (Natural Habitats, &c.) Regulations 1994) - including how the “Woolley” case has now been modified by “Morgue” as well as issues arising from The Wildlife and Countryside Act 1981 and the Environmental Damage Regulations 2009. It will include step-by-step guidance when deciding on whether to make a licence application and risk management for individuals and companies.

The course will be taught by Penny Simpson of DLA Piper at their office in Sheffield on Thursday 9th December 2010 from 10am to 2pm. Penny is a specialist in natural environment legal issues and writes regular updates for IEEM’s In Practice.

The seminar will cost £75+VAT per person. Tea and coffee will be available but not lunch, delegates are welcome to bring a packed lunch with them.

We are now fully booked but have a list of reserve places, so please let us know as soon as possible if you are interested. To be added to the list, please contact d.burgess@bakerconsultants.co.uk.

The full programme can be found below:

HALF DAY LEGAL TRAINING SEMINAR FOR CONSULTANT ECOLOGISTS

Thursday 9th December, Sheffield. By: Penny Simpson, Environmental Lawyer, DLA Piper UK LLP*

1. Why has the EPS law changed so much in the last three years and what are those changes (in brief)?

2. Detailed analysis/discussion of the Conservation Regulations 2010, EPS offences and when to apply for an EPS licence:

2.1 "Destruction/damage of breeding site/resting place" - What does it mean and where is the flexibility? What is the relevance of "continued ecological functionality"?

2.2 "Disturbance" offences - What are they? What do they mean? How have they changed over the last three years? What has the Court of Appeal/Supreme Court in the "Morge" case said about them?

2.3 The remaining offences in the Conservation Regulations 2010: Summary of other changes.

2.4 Review of both Natural England and European Commission Guidance relating to the above offences.

3. Detailed analysis of the W&CA 1981 offences relevant to EPS.

4. What does "deliberate", "intentional" and "reckless" mean? How can these words provide flexibility in your analysis of when an EPS licence is required?

5. Presentation of my "Step by Step" guidance on how to decide if a licence is required. 6. How to deal with the EPS licensing tests:

6.1 What does the "Woolley" case mean and how should it be applied?

6.2 How has Woolley been modified by the "Morge" case?

6.3 How should you deal with licence refusals by NE?

7. Reasoned Statements and how to deal with them:

7.1 Should you get involved?

7.2 How to argue in difficult cases of multi-phased developments and outline permissions.

8. Risk management for ecologists:

8.1 What are your risks as an individual?

8.2 What are your risks as a company?

8.3 How can you effectively manage those risks?

9. Environmental Damage Regulations 2009:

9.1 How are they relevant to your work?

10. Questions and discussion.

* Penny is an expert on natural environment legal issues. She was in house legal adviser for RSPB before moving to her present position where she now acts for a large number of public and private sector clients on EIA, planning, appropriate assessment, species protection, water and other environmental legal issues. She regularly trains ecologists on legal issues relevant to their work (she has trained 30 of the main ecological consultancies in England and Wales on EPS licensing between 2008 - 2010).