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Protected areas

You are responsible for finding out if your development is likely to affect a protected area or site. Your planning authority may not grant you planning permission if it damages a protected area or site.

The following areas are protected:

• 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 or SPAs (candidate SACs, possible SACs, potential SPAs and sites of community importance (SCIs) or a Ramsar wetland (proposed Ramsar site)
• Marine Conservation Zones

Search the mapping tool to see if your development is in or near protected land. To find out how your development proposals will be affected by a protected site, contact your local planning authority.

You can get advice from Natural England if your plans affect protected areas. You might have to pay a fee.

Protected sites

You must consider how your development proposal will affect any nearby SSSI, SPA, SAC or Ramsar wetland sites.

For land-based protected sites, you can:

• check the SSSI Impact Risk Zone data on Magic map
• download the SSSIImpact Risk Zone data from theNatural England Open Data Geoportalto use with your geographic information system software

Your planning authority may consult Natural England if the SSSI Impact Risk Zone data shows that your development proposal may affect a land-based SSSI, SAC, SPA or Ramsar wetland. They can ask you to change your plans, do the work in a certain way or refuse you planning permission.

Government agencies, councils and other public bodies need to request permission from Natural England for activities that could damage SSSIs.

If your proposal also affects a European protected site which is, or is proposed as, a SAC, SPA or Ramsar wetland, the planning authority will need to do a Habitats Regulations assessment. You may need to give the planning authority extra information to help them do this assessment, such as extra survey information.

Protected species

Many species of plant and animal in England, and their habitats, are protected by law. What you can and cannot do by law varies from species to species.

European protected species

European protected species have the highest level of protection and include:

• all species of bats
• beavers
• great crested newts
• hazel or common dormice
• otters
• natterjack toads
• reptiles (some species)
• protected plants (some species)
• large blue butterfly
• sturgeon

Youre breaking the law if you:

• capture, kill, disturb or injure a European protected species (on purpose or by not taking enough care)
• damage or destroy a breeding or resting place (even accidentally)
• obstruct access to their resting or sheltering places (on purpose or by not taking enough care)
• possess, sell, control or transport live or dead individuals, or parts of them

Disturbing a protected species includes any deliberate activity that affects:

• a groups ability to survive, breed or raise their young
• the species numbers or range in the local area

If youre found guilty of an offence you could get an unlimited fine and up to 6 months in prison.

Other protected species

Other protected species and groups include:

• badgers
• water voles
• wild birds
• ancient woodland and veteran trees
• white-clawed crayfish
• freshwater pearl mussels
• protected plants (some species)

You need to:

• apply for a licence if your plans affect badgers
• apply for a licence if your plans affect European protected species

Changes brought in by the Environment Act 2021 mean that you also need a mitigation licence for animals and plants listed in schedule 5 and schedule 8 of the Wildlife and Countryside Act 1981.

Decide if you need a mitigation licence

Youll need to decide if your project will affect a protected species or its habitat, and whether youll need a licence. You can get expert advice from an ecologist to help you decide.

You should try everything possible to avoid disturbing the species, or blocking access or damaging its habitat. You should plan the work to avoid harming protected species by either:

• doing the work at times of year which will cause the least harm
• applying other mitigation methods that do not require a licence

If this is not possible and your activity will affect the species, you can apply for a mitigation licence. Applying for a licence should be your last resort and only applies to a minority of cases. Your ecologist should help you with your application.

Your ecologist will conduct surveys to show how the species uses the area, and develop mitigation plans to reduce any negative effects.

You need to include the following in your licence application:

• survey findings
• impact assessments
• mitigation plans to reduce harm to the species
• compensation plans to reduce the effects of impacts that cannot reasonably
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