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Local planning authorities should take advice from Natural England or the Environment Agency about planning applications for developments that may affect protected species.
Some species have standing advice which you can use to help with planning decisions. For others you should contact Natural England or the Environment Agency for an individual response.
You also need to consider if a development will affect a protected area or site. These are:
national parks
areas of outstanding natural beauty
sites of special scientific interest (SSSIs)
special areas of conservation (SACs)
special protection areas (SPAs)
Ramsar wetlands
local sites
sites in the process of becoming SACs and SPAs (‘candidate SACs’, ‘possible SACs’, ‘potential SPAs’ and sites of community importance (SCIs)) or a proposed Ramsar site
Marine Conservation Zones
Standing advice for protected species
The following guides explain what developers must do to stay within the law, and what you need to check in their planning proposals. Use this advice if it applies to a planning proposal you’re assessing:
bats, all species
great crested newts
badgers
hazel dormice
water voles
otters
wild birds
reptiles
protected plants
white-clawed crayfish
invertebrates
freshwater fish
natterjack toads
ancient woodland and veteran trees
You should also read flood risk assessment standing advice.
The standing advice can help you reach decisions but in itself doesn’t determine if a protected species will be affected by a development. It doesn’t indicate whether Natural England will grant the applicant a mitigation licence. You need to judge each case on its own merits - you shouldn’t need developers to do surveys for protected species unless there is a reasonable likelihood of the species being present and affected by the development.
You can get expert advice, for example from a county ecologist, to help you apply the standing advice to planning decisions.
Contact Natural England
You must contact Natural England if you’re dealing with a protected species that’s not covered in the standing advice, and for planning proposals that:
are likely to damage the features of an SSSI
are likely to have a significant effect on an SAC, SPA or Ramsar site
involve the loss of more than 20 hectares of the best and most versatile agricultural land, if the development is not for agriculture or part of a development plan
are for minerals and waste developments where the land will be restored for agriculture
that need an environmental impact assessment
Consult Natural England if you think they have an interest in your:
local plans
neighbourhood plans
Natural England will advise you on the acceptability of mitigation proposals but won’t give you alternative solutions for protected species issues.
Email planning proposals to consultations@naturalengland.org.uk.
Natural England Consultation Service
Hornbeam House
Electra Way
Crewe Business Park
Crewe
Cheshire
CW1 6GJ
Natural England will usually respond to statutory planning consultations within 21 days.
When to contact the Environment Agency
Contact the Environment Agency if the proposal:
is likely to significantly affect protected aquatic or water-dependent species and habitats (like otters or freshwater fish)
may affect a river or canal
requires an environmental impact assessment
may require an environmental permit
Email planning proposals to: enquiries@environment-agency.gov.uk.
Environment Agency
PO Box 544
Rotherham
Yorkshire
S60 1BY
What to look for in planning proposals
Protected sites
Search the Magic map system to see if the development is in or near a protected site, including SSSIs, SPAs and SACs.
Check if the proposal could affect an SSSI, SPA, SAC or Ramsar site with the ‘risk zone’ feature in the map. You can also download the risk zone data for your own software. If the development activity is within the risk zone you’ll need to consult Natural England.
If your proposal affects a European protected site which is, or is proposed as, an SAC, SPA or Ramsar wetland, the planning authority will need to do a Habitats Regulations assessment. You may need to request extra information from the developer to help you do this assessment.
The National Planning Policy Framework has advice on assessing planning proposals that affect SSSIs, SPAs and SACs.
Check for steps to avoid harming species
Check if the applicant has taken steps to avoid affecting protected species. For example they could time the works to avoid the breeding season, or site the works far enough away from a protected species or habitat.
There’s specific guidance on competent authorities’ responsibilities for protecting wild birds and their habitats.
When to request a species survey
You should only ask an applicant to carry out a survey if there is a reasonable likelihood of protected species being present on the site, or affected by the development.
Type of building or land
Species to survey for
Veteran (historical or important) trees, cellars, ice houses, old mines and caves
Bat, breeding bird
Buildings with features suitable for bats, or large gardens in suburban and rural areas
Bat, breeding bird, badger, reptile and great crested newt
Traditional timber-framed building (such as a barn or oast house)
Bat, barn owl and breeding bird
Lakes, rivers and streams (on the land or nearby)
Breeding bird, great crested newt, fish, otter, water vole and crayfish
Heathland on, nearby or linked to the site (by similar habitat)
Breeding bird, badger, dormouse, reptile, invertebrate, natterjack toad and protected plants
Meadows, grassland, parkland and pasture on the land or linked to the site (by similar habitat)
Bat, badger, breeding bird, great crested newt, invertebrate, reptile and protected plants
Ponds or slow-flowing water bodies (like ditches) on the site, or within 500m and linked by semi-natural habitat such as parks or heaths
Breeding bird, fish, great crested newt, water vole, invertebrate and crayfish
Rough grassland and previously developed land (brownfield sites), on or next to the site
Breeding bird, reptile, invertebrate and protected plants
Woodland, scrub and hedgerows on, next to or linked to the site
Bat, breeding bird, badger, dormouse, invertebrate, great crested newt, smooth snake and protected plants
Coastal habitats
Breeding bird, fish, natterjack toad and invertebrates
Scoping surveys
Scoping surveys (often called an extended phase 1 surveys) are useful for assessing whether a species-specific survey is needed.
Timings for surveys
All surveys should be carried out at the right time of year, using methods that are right for the species and the area.
Species
Best time of year to survey (dependent on weather conditions)
Badgers
February to April and October to November
Bats (hibernation roosts)
November to mid-March
Bats (summer roosts)
May to mid-September
Bats (foraging/commuting)
May to September
Birds (breeding)
March to August
Birds (winter behaviour)
October to March
Dormice
May to September
Great crested newts (in water)
mid-March to mid-June
Invertebrates
April to September
Natterjack toads
April to May
Otters
Any time of year but better in summer as signs may get washed away in winter months
Reptiles
mid-March to June and September
Water voles
March to September
White-clawed crayfish
July to September
Check the survey date
Ideally surveys should be from the most recent survey season, but this varies by species.
If applicants have to apply for a European protected species licence after receiving planning permission, Natural England expects them to carry out a walk-over check (and sometimes further full surveys) of the proposed development site within 3 months of submitting an application. This is to check that the habitats have not changed significantly since the initial survey.
Check for European protected species
You need to consider whether the proposal will affect a European protected species. Before you issue planning consent the applicant might need to take a different approach or need a different licence if their development will affect non-European protected species. Find out which licences apply to other protected species.
Check that mitigation measures are appropriate
If it’s not possible to avoid affecting the species, applicants should include mitigation measures to cancel or reduce the negative effects of a development. The applicant also needs to show how these measures will be implemented. It’s your responsibility as the planning authority to assess the mitigation plans for:
effectiveness
reliability
timing
delivery
duration
the difference they would make to the predicted impacts of the development
Check that compensation measures are appropriate
You should ask for compensatory measures if avoidance and mitigation would not be effective. Compensation should:
ensure that no more habitat is lost than is replaced (there’s no ‘net loss’)
provide like-for-like replacements
provide a better habitat in terms of quality or area, compared to what will be lost (if significant impacts on species are predicted)
make up for any lost connections between habitats
You may have to ensure that alternative sites for species are established far enough in advance so that they’re ready for the species that will use it.
You’ll need to agree and secure any mitigation or compensatory measures as part of the proposal. If the application involves a European protected species and compensation is being considered, it’s likely that the applicant will need a mitigation licence from Natural England to avoid breaking the law. You can also ask for compensation measures for non-European protected species, as part of your duty to conserve and enhance biodiversity.
You may have to agree a long-term management plan, and consider a section 106 agreement (or planning obligation) to secure funding. You can ask the applicant to set up long-term monitoring, management and maintenance to check that the mitigation measures are working, and change the measures if necessary.
Look out for enhancements
You should aim to conserve and enhance biodiversity, and to encourage biodiversity in and around developments. However, if a development affects European protected species and a licence will be required, Natural England will only issue a licence for the proportionate mitigation and compensation measures, not enhancements. Enhancement measures should be shown separately.
Planning conditions for extra surveys
Conditions requiring further surveys are sometimes used for outline or multi-phased developments. If it’s necessary, you can add a condition to ensure that there are additional or updated ecological surveys to check that the mitigation is still appropriate for the development at that stage.
Further information
Find out more about planning policy and wildlife legislation:
National Planning Policy Framework: conserving and enhancing the natural environment
National Planning Practice Guidance: strategic environmental assessment and sustainability appraisal
Wildlife and Countryside Act
Countryside and Rights of Way Act
Conservation of Habitats and Species Regulations 2010 (as amended)