Protected Species
Many species of plants and animals along with their supporting habitats are legally protected in England and there are many actions which make it a criminal offence to impact these species.
Local Planning Authorities have a legal duty to show regard for ‘conserving and enhancing’ biodiversity, and protected species are a material planning consideration within the planning process when determining a planning application.
The laws protecting certain plants and animals are applicable to all developments, including those listed under permitted development rights. This means even if you do not require planning permission you could still need to demonstrate that you have taken proportionate level of care to avoid impacts to protected species where they are reasonably likely to be present.
Badgers
Bats
Birds
Great Crested Newts
Hazel Dormouse
Otters
Reptiles
Water Vole
Common scenarios where protected species surveys are required
At the design stage prior to submitting a planning application
In line with government circular 06/2005 when determining a planning application, the presence or otherwise absence, and extent a protected species may be affected by a proposed development, should be established by the LPA prior to the granting of planning permission. This is to ensure that all relevant material considerations have been addressed when making a decision.
In a nutshell, you will need to complete your protected species surveys prior to the submission of a planning application. This is highly recommended, and failure to do so could result in delays to your project. It is not a lawful practice for LPAs to commission the surveying of protected species when passing a planning application.
Safeguarding protected species prior to the commencement of works
Irrespective of the planning situation or permitted development rights, an ecological clerk of works may need to complete protected species surveys prior to works commencing where a protected species is known to be present within a site, or the habitat suggests they may be present. This is to ensure there is not a direct breach of the legislation protecting the species.
To comply with a planning condition or a mitigation licence post development
Protected species surveys can often be required post development as part of European protected species licences and any compensation or mitigation measures for protected species. These can be required by LPAs and the regulatory body for England, Natural England, to ensure compliance to determine if any mitigation or compensation measures have been adhered to or to determine if they have been successful.
Why Arun Ecology?
We owe it to our clients who commission us to capture the best protected species data possible. We use industry leading equipment with no expense spared and innovative technology to provide accurate and efficient conclusions on protected species to our clients.
Helping to address the ecological
and climate crisis
At Arun Ecology it’s not all just about driving business. We want to contribute to addressing the challenges of our time to ensure a prosperous future for the next generation.
So, as part of our service, each time you commission us we are committed to planting one tree within the UK, through our partnership with Creating Tomorrow’s Forests.
Watch this space to find out more about how we are contributing to nature recovery and tackling climate change.
Contact us
Contact us today or request a call back at a more convenient time to discuss your project.
Whether you wish to request a quote or ask us a question, our friendly and experienced team will always be happy to advise and will endeavour to respond as quickly as possible.