image for illustration: Peter Badcock
Natural England has updated its ‘standing advice’ – general advice that Natural England, as a statutory consultee, gives to LPAs – on ‘Protected species and development: advice for local planning authorities’ on how to assess a planning application when there are protected species on or near a proposed development site.
GOV.UK writes:
Many species of plants and animals in England are protected. This protection often applies to the habitats supporting features they live in. What you can and cannot do by law varies from species to species. Local planning authorities (LPAs) should use this guide to assess whether a planning application would harm or disturb a protected species. It will help you decide if you can give planning permission.
This is Natural England’s ‘standing advice’. This is general advice that Natural England, as a statutory consultee, gives to LPAs. It:
- avoids the need to consult on every planning application
- helps you make planning decisions on development proposals
You must consult Natural England if a development proposal:
- might affect a site of special scientific interest (SSSI)
- needs an environmental impact assessment
- needs an appropriate assessment under the Habitats Regulations
Natural England may:
- object to a planning application if it’s likely to harm a protected species on a SSSI
- give you advice about a protected species affected by a development proposal or on a specific issue that is not covered by this guidance
- You should get advice from a qualified ecologist to help you reach a decision if you need it.
You can find one using either the:
- Chartered Institute of Ecology and Environment Management (CIEEM) directory
- Environmental Data Services directory
There are separate guides for:
- developers to prepare a development proposal to avoid harm or disturbance to protected species
- the effect of nationally significant infrastructure projects on protected species
- habitats and species of principal importance in England (Section 41 list)
The National Planning Policy Framework sets out the ‘mitigation hierarchy’. This requires developers to avoid significant adverse impacts on protected species. If this is not possible, developers should propose mitigation measures. As a last resort, where developers cannot avoid or mitigate adverse impacts, they must compensate for them. Further guidance is set out in the natural environment planning practice guidance.
