Natural England
Many species of plants and animals in England and often their supporting features and habitats are protected. 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 Englands 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 its likely to harm a protected species on a SSSI
- give you advice about a protected species affected by a planning 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 planning 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 explains how you should apply government planning policies to a planning proposal. It sets out the mitigation hierarchy of avoiding adverse effects, mitigating for impacts if this is not possible and, as a last resort, compensating for impacts. Further guidance is set out in the natural environment planning practice guidance.
Where to expect protected species
Use Table 1 to see where protected species are likely to be present to assess the chance of a development proposal affecting them.
Table 1. Likely habitat for protected species.
| Habitat, building or land | Species to look for |
|---|---|
| Ancient or veteran trees or those with significant decay features | Bats, breeding birds, dormice |
| Cellars, ice houses, old mines and caves | Bats |
| Buildings with features suitable for bats, or large gardens in suburban and rural areas | Bats, breeding birds, badgers, reptiles and great crested newts |
| Traditional timber-framed building (such as a barn or oast house) | Bats, breeding birds including barn owls |
| Lakes, rivers and streams (on the land or nearby) | Breeding birds, fish, otters, water voles and white-clawed crayfish |
| Heathland on, nearby or linked to the site (by similar habitat) | Breeding birds, badgers, dormice, reptiles, invertebrates, natterjack toads and protected plants |
| Meadows, grassland, parkland and pasture on the land or linked to the site (by similar habitat) | Bats, badgers, breeding birds, great crested newts, invertebrates, reptiles 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 birds, fish, great crested newts, water voles, invertebrates and white-clawed crayfish |
| Rough grassland and previously developed land (brownfield sites), on or next to the site | Breeding bird, reptiles, invertebrate and protected plants |
| Woodland, scrub and hedgerows on, or next to the site | Bats, breeding birds, badgers, dormice, invertebrates, great crested newts, reptiles and protected plants |
| Coastal habitats | Breeding birds, fish, natterjack toads, otters and invertebrates |
When to survey
Use Table 2 to check that surveys submitted with planning proposals are carried out at the most appropriate time to survey for the presence of protected species and the purpose of the survey.
Table 2. Survey timetable
| Species | When to survey (dependent on weather conditions) |
|---|---|
| Badgers | Any time of year February to April or October to November for bait marking surveys to establish territories |
| Bats (preliminary roost assessment) | Any time of year (trees are best surveyed without foliage) |
| Bats (hibernation roosts) | November to mid-March |
| Bats (summer roosts) | May to August |
| Bats (foraging or commuting) | April to October for spring, summer and autumn behaviour |
| Bats (swarming) | August to October |
| Birds (breeding) | March to August (species dependent) |
| Birds (winter behaviour) | October to March |
| Birds (migration) | March to May, August to November (dependent on species) |
| Dormice | April to November |
| Great crested newts | Mid-March to mid-June (Mid-April to end of June for eDNA) |
| Invertebrates | April to September |
| Natterjack toads | April to May (aquatic survey) July to September (terrestrial survey) |
| Otters | Any time of year |
| Reptiles | April to mid-October |
| Water voles | Mid-April to September |
| White-clawed crayfish | July to September |
1. Discuss survey requirements with developers
Before you consider a planning proposal, you should discuss the survey requirements with the developer.
Natural England can advise developers on survey requirements.
You can get expert ecological advice to help you decide if a survey is necessary. You can also get best practice survey guidance from professional bodies including CIEEM, species conservation bodies and the British Standards Institute.
You should ask for a survey if:
- theres suitable habitat on the site to support protected species
- its likely that protected specie