Lawyer Monthly Magazine - January 2019 Edition

DEC 2018 105 Expert Witness www. lawyer-monthly .com development, but may have cost and timing implications. Most ecological constraints are not particularly onerous and can be worked around. The need to take into account the protection of bats is probably the most common issue and can create some design challenges if refurbishing a building where bats are found. I also find that the presence of high-quality trees can be quite a constraint and am working on a project now where the designers will need to be innovative on foundation construction. My understanding in that case is that the initial purchase site survey by the buyer did not take note of a significant tree line on the boundary of the site. Obvious site constraints always need to be considered. With ever-growing environmental concerns, can you share ways in which businesses can be more proactive in ensuring their new construction venture is as environmentally friendly as possible? Building Regulations incorporated in 2013 the key elements of Code for Sustainable Homes, so it is not difficult for business to meet sustainability targets simply by complying with regulations. The NPPF also incorporates a range of ways that any permitted development is likely to be environmentally friendly. I would always recommend that a client go the extra distance to identify areas where environmental enhancements can be incorporated, and I would also encourage partnership working with local wildlife groups, to help support local targets in terms of protecting and enhancing wildlife and habitats. Green space within and around development is vital, and involving new residents or users of a development can increase community cohesiveness and also improve sell-on prices for residents. The “value-added” created by Green Infrastructure is now well-documented and developers should look for opportunities to maximise this. Value is not only created by maximising floor space. Moreover, are there any regulations that you think need updating? There has been some move in the Agencies to update I have quite a few clients who think it is useful to voluntarily submit an EIA, but my advice is to always avoid this, if possible, using the process whereby a project can be formally screened out of the requirement CONTACT Jaquelin Clay, Director, JFA Environmental Planning Tel: 0845 2263618 | Email: jackie@jfa.co.uk Web: www.jfa.co.uk European Protected Species Licensing, but they have a long way to go. Once we leave the EU, then the validity of the Habitats Regulations as they stand may be challenged. The licensing system used in the UK to meet the requirements of the Habitats Directive was a very awkward and legalistic “fix”, which cries out for improvement. A system which nationalizes the protection of species and habitats, rather than dumping it on developers on a site by site, un-strategic basis, would be a far better way to resolve the very real issue of habitat fragmentation and species population decline. However, until Brexit is resolved, there is little government energy being directed towards regulatory review. LM