Biodiversity Supplementary Planning Document
(4) Chapter 4: Protected species and ecological surveys
This chapter is aimed at DM Officers and applicants as a check of what information is likely to be required. Full consideration should be given to the extent of ecological surveys required for each site and applicants should seek the advice of a suitably qualified ecologist. Ecological surveys should be independent and carried out by suitably qualified experts. This chapter is only intended to provide a concise guide and links to further guidance and information is included in the table, below, and the final chapter of this SPD. Natural England have issued standing advice, which should be referred to. Natural England must be consulted if an application might affect a Site of Special Scientific Interest (SSSI), needs an Environment Impact Assessment (EIA) and/or needs an appropriate assessment under the Habitat Regulations.
Adequate information about important species, habitats and geological features, and appropriate design solutions, must be provided by applicants when submitting planning applications. The Council will take a precautionary approach when deciding on the level of information required. Where external expertise is required to review and validate ecological survey reports submitted with the application, which may be the case for larger or complex applications, applicants may be requested to reimburse the Council. Arrangements for this will be discussed at the pre-application stage and may subsequently be secured through a Planning Performance Agreement.
The first ecological survey undertaken on a site is usually a Preliminary Ecological Appraisal (PEA) or an Extended Phase 1 Habitat Survey. These surveys identify the habitats present on site and whether there is potential for protected species to be present. Species specific surveys are often recommended within a PEA or Extended Phase 1 Habitat survey. The Council expects any species specific surveys to be completed prior to submitting a planning application and at the optimal time of year (see appendix 1 for details of optimal surveys for each species). The table, below, provides a checklist to help consider what surveys may be required. If the answer to any of the questions is yes, the applicant should include a survey report detailing the population level at the site, the direct and indirect effects of the development upon the species, full details of any avoidance, mitigation or, as a last resort, compensation required, whether the impact is acceptable and whether Natural England is likely to grant a license.
If surveys find that the development proposal would affect a protected species the avoidance, mitigation or compensation measures must be secured as part of the planning consent by condition or legal agreement. To avoid harm or disturbance, development proposals could reduce the size of the development or alter its layout to retain the sites important habitat features; and plan for construction work to be carried out at specific times to avoid sensitive times for the species present. Mitigation measures should be agreed in a mitigation strategy, which should remove or reduce the negative effects of the development proposal and show how mitigation measures will be carried out. A legal agreement will be needed to ensure that the mitigation measures can be maintained long-term. Compensation measures should only be used as a last resort. Compensation measures should provide a better alternative in terms of quality of area compared to the habitat that would be lost; provide like-for-like habitat replacements next to or near existing species populations; provide alternative habitats further away from the impacted population if the natural range of the species is not going to be adversely affected; provide connections with similar habitats to allow species movement; provide alternative habitats in advance of the harm caused. Protected species licenses are subject to separate process and specific policy and legal tests.
Table 1. Protected species, suitable habitats, and further advice
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Protected species: questions |
Suitable habitats for protected species |
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Bats Further advice: Bat Conservation Trust: Home - Bat Conservation Trust (bats.org.uk) Natural England's standing advice for bats: Bats: advice for making planning decisions - GOV.UK (www.gov.uk) |
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Are there any structures on site which have the potential to support roosting bats? |
Structures with high potential include:
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Are there any trees on the site which have the potential to support roosting bats? |
Trees with high potential to support roosting bats include old and veteran trees and any trees with cracks or crevices. Where appropriate, foraging and community routes should be incorporated into the design of the scheme. |
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Barn owls Further advice: The Barn Owl Trust (2015) Barn Owls and Rural Planning Applications – a Guide. Barn-Owls-and-Rural-Planning-Applications-a-Guide-2015.pdf (barnowltrust.org.uk) |
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Is there any evidence of barn owls nesting on or near the site or are there suitable nesting areas on the development site? |
Barn owls often nest in:
Barn owls require habitat which supports high numbers of small mammals including pasture, hedgerow and woodland. |
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Breeding birds |
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Will areas of hedgerow/scrub/woodland/trees or other features likely to be used by nesting birds be affected by the proposal? |
If yes, details of the mitigation measures to ensure occupied nests are protected, especially during the breeding season, should be included with the application. |
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Badgers Further advice: Natural England's standing advice for badgers: Badgers: advice for making planning decisions - GOV.UK (www.gov.uk) Badger Trust Badger protection guidance for developers: Badger Trust Guidance for developers - 2022 - DIGITAL |
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Is there any evidence of badgers on or near the site? |
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Are badgers commuting through the site to foraging areas? |
Badgers use a wide variety of habitats and setts can be found in:
Where appropriate, safe routes to foraging areas should be incorporated into the development proposals. |
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Dormice Further advice: English Nature (now Natural England) The dormouse conservation handbook: EN DORMOUSE HANDBOOK (4663) (cieem.net) |
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Is there suitable habitat for dormice on or close to the site? |
Dormice are found in a variety of habitats including:
hedgerows. |
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Great crested newts Further advice: Natural England's Great crested newts: district level licensing for local planning authorities guidance Great crested newts: district level licensing for local planning authorities - GOV.UK (www.gov.uk) |
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A district level licensing (DLL) scheme is in place for great crested newts in Essex. This means that developers can make a financial contribution to strategic, off-site habitat compensation instead of applying for a separate license or carrying out individual detailed surveys. Applicants need to apply for an impact assessment and conservation payment certificate (an IACPC) from Natural England and DM Officers need to check that a signed IACPC is submitted as part of the planning application and the site boundary matches the application boundary. |
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Reptiles Further advice: Natural England's standing advice for reptiles: Reptiles: advice for making planning decisions - GOV.UK (www.gov.uk) |
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Is there suitable habitat on site for reptiles? |
Reptiles use a variety of habitats including:
abandoned gardens. |
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Other protected species, e.g. otters, water voles, white-clawed crayfish Further advice: Natural England's standing advice for reptiles: Reptiles: advice for making planning decisions - GOV.UK (www.gov.uk) |
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Has the site been surveyed for other protected species? |
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The following protected species decision checklist flowchart will help DM Officers in decision making related to protected species.
Protected species decision checklist
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Is the application within or close to a designated site? |
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Yes – consult Natural England |
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No |
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Has the survey report confirmed that there's suitable habitat for the species on or next to the application site or within a known range of the species? |
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No – Accept the findings and require a minimum of 10% biodiversity net gain |
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Yes |
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Has the applicant and specialist advice confirmed that it's unlikely the development will have an adverse effect on the species? |
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Yes - Accept the findings. · Planning permission may be granted (subject to other material considerations) · Secure working methods and programme using planning conditions where necessary to avoid impacts. · Require a minimum of 10% biodiversity net gain. · Add an informative to the planning decision notice regarding the action to be taken if protected species are encountered during development. |
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No |
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Has the species survey been carried out at the right time of year and using appropriate survey techniques covering an adequate search area? |
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No – inadequate survey. Advise the applicant, planning permission can be refused. |
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Yes |
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Has evidence of the species been found in the application site or in the study area? |
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No - Could the proposals indirectly impact on the species, for example prevent species movement between habitats? |
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No – Accept the findings and require a minimum of 10% biodiversity net gain |
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Yes - Will the species and/or their habitat be impacted by the planning application? |
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Yes - Does the mitigation proposed make sure: · there isn't a net loss of quantity or quality of habitat · habitat links will be kept · there's a long-term management strategy for the site for the benefit of the species |
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No - Request further or more appropriate mitigation or compensation and reconsider the question. If the applicant fails to provide satisfactory information, consider refusal of the application as it does not adequately consider protected species or comply with the Wildlife and Countryside Act 1981 (as amended) or The Conservation of Habitats and Species Regulations 2017. |
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No - Accept the findings and require a minimum of 10% biodiversity net gain |
Yes - Is the species a European protected species? |
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No - Accept the findings and require a minimum of 10% biodiversity net gain |
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Yes – Do you think the mitigation measures are adequate and Natural England is likely to grant a license? |
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No - Request further or more appropriate mitigation or compensation and reconsider the question. If the applicant fails to provide satisfactory information, consider refusal of the application as it does not adequately consider protected species or comply with the Wildlife and Countryside Act 1981 (as amended) or The Conservation of Habitats and Species Regulations 2017. |
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Yes - Planning permission may be granted subject to appropriate planning conditions and obligations. This may include a detailed mitigation and monitoring strategy. |