Biodiversity Survey and Report / Ecological Survey / Protected Species Survey and Report

PART I LOCAL REQUIREMENTS FOR PROTECTED SPECIES

Where a proposed development is likely to affect species protected under the Wildlife and Countryside Act 1981, the Conservation (Natural Habitats etc) Regulations 1994 or the Badgers Act 1992, the applicant must submit an up-to-date Protected Species Survey and Assessment.  

Please refer to Table 1 (Column 1) which provides guidance on when a survey is needed for particular species.  Please note that this table is intended to assist the identification of a proposal for which a protected species survey will be required. It should be noted that there may be instances which fall outside those described where a protected species survey is required.

Protected species surveys and assessments must be submitted up-front with a planning application. Planning applications cannot be determined until surveys have been done to an acceptable standard, in accordance with paragraph 99 of ODPM Circular 06/2005. 

The Survey should be undertaken and prepared by competent persons with suitable qualifications and experience and must be carried out at an appropriate time and month of year, in suitable weather conditions and using nationally recognised survey guidelines/methods where available. 

Further information on appropriate survey methods can be found in Guidance on Survey Methodology published by the Institute of Ecology and Environmental Management; available at: http://www.ieem.net/surveyingadvice.asp

The survey may be informed by the results of a search for ecological data from a local environmental records centre. The survey must be to an appropriate level of scope and detail and must:

•  Record which species are present and identify their numbers (may be approximate);
•  Map their distribution and use of the area, site, structure or feature (e.g. for feeding, shelter, breeding).

The Assessment must identify and describe potential development impacts likely to harm the protected species and/or their habitats identified by the survey (these should include both direct and indirect effects both during construction and afterwards).  Where harm is likely, evidence must be submitted to show: 

• How alternatives designs or locations have been considered;
• How adverse effects will be avoided wherever possible;
• How unavoidable impacts will be mitigated or reduced;
• How impacts that cannot be avoided or mitigated will be compensated;
• How species numbers are likely to change, if at all, after development e.g. whether there will be a net loss or gain;
• How features or habitats used by protected species can be enhanced, restored or added to.

It is illegal to disturb protected species or the places in which they live; further information is available from http://www.jncc.gov.uk/ .  Licences may be needed to carry out work that could affect protected species – further information and downloadable forms are available from Natural England on http://www.naturalengland.org.uk/ . 

The information provided in response to the above requirements are consistent with those required for an application to Natural England for a European Protected Species Licence.  A protected species survey and assessment may form part of a wider Ecological Assessment and/or part of an Environmental Impact Assessment.

TABLE 1

Local Requirement for Protected Species: Criteria and Indicative Thresholds (Trigger List) for when a Survey and Assessment is Required

Click Link to Table 1

Exceptions for When a Full Species Survey and Assessment may not be Required

1. Following consultation by the applicant at the pre-application stage, the LPA has stated in writing that no protected species surveys and assessments are required.
2. If it is clear that no protected species are present, despite the guidance in the above table indicating that they are likely, the applicant should provide evidence with the planning application to demonstrate that such species are absent (e.g. this might be in the form of a letter or brief report from a suitably qualified and experienced person, or a relevant local nature conservation organisation).
3. If it is clear that the development proposal will not affect any protected species present, then only limited information needs to be submitted.  This information should, however, (i) demonstrate that there will be no significant affect on any protected species present and (ii) include a statement acknowledging that the applicant is aware that it is a criminal offence to disturb or harm protected species should they subsequently be found or disturbed

In some situations, it may be appropriate for an applicant to provide a protected species survey and report for only one or a few of the species shown in the Table above e.g. those that are likely to be affected by a particular activity.  Applicants should make clear which species are included in the report and which are not because exceptions apply.

PART II  LOCAL REQUIREMENTS FOR DESIGNATED SITES AND PRIORITY HABITATS 

Where a proposed development is likely to affect designated sites and priority habitats, the applicant must submit an Ecological/Geological Survey and Assessment. 

Please refer to Table 2 and Table 3.

The Survey should be undertaken and prepared by competent persons with suitable qualifications and experience and must be carried out at an appropriate time and month of year, in suitable weather conditions and using nationally recognised survey guidelines/methods where available. 

Further information on appropriate survey methods can be found in Guidance on Survey Methodology published by the Institute of Ecology and Environmental Management; available at: http://www.ieem.net/surveyingadvice.asp

The survey may be informed by the results of a search for ecological and/or geological data from a local environmental records centre. The survey must be to an appropriate level of scope and detail and must:

• Record which habitats and features are present on and, where appropriate, around the site;
• Identify the extent/area/length present;
• Map their distribution on site and/or in the surrounding area shown on an appropriate scale plan.

The Assessment should identify and describe potential development impacts likely to harm designated sites and priority habitats (these should include both direct and indirect effects both during construction and afterwards).  Where harm is likely, evidence must be submitted to show: 

• How alternatives designs or locations have been considered;
• How adverse effects will be avoided wherever possible;
• How unavoidable impacts will be mitigated or reduced;
• How impacts that cannot be avoided or mitigated will be compensated;
• How area (hectares) of priority habitat on the site are likely to change after development e.g. whether there will be a net loss or gain;
• How designated sites and priority habitats can be enhanced, restored or added to.

Existing environmental information may be available from Local Record Centres, Wildlife Trusts, and Local RIGS Groups etc. Also online information on internationally and nationally designated sites can be found at: http://www.natureonthemap.org.uk/

Exceptions When a Full Survey and Assessment May Not Be Required

International and National Sites:  A survey and assessment will not be required where the applicant is able to provide copies of pre-application correspondence with Natural England, where the latter confirms in writing that they are satisfied that the proposed development will not affect any statutory sites designated for their national or international importance.

Regional and Local Sites and Priority Habitats:  A survey and assessment will not be required where the applicant is able to provide copies of pre-application correspondence with the Local Planning Authority’s ecologist (where employed), or ecological advisor and/or the local Wildlife Trust that they are satisfied that the proposed development will not affect any regional or local sites designated for their local nature conservation importance or any other priority habitats or listed features. 

Exceptions When a Full Survey and Assessment May Not Be Required

International and National Sites:  A survey and report will not be required where the applicant is able to provide copies of pre-application correspondence with Natural England, where the latter confirms in writing that they are satisfied that the proposed development will not affect any statutory sites designated for their national importance.

Regional and Local Sites:  A survey and report will not be required where the applicant is able to provide copies of pre-application correspondence with appropriate local geological experts (such as the Local RIGS Group) that they are satisfied that the proposed development will not affect any regional or local sites designated for their local nature conservation importance.

Figure 1 ECOLOGICAL SURVEY SEASONS

Key:  

Optimal Survey Time - X

Extending into - O

Points to note regarding surveys are as follows: 

• For certain species and habitats surveys can be carried out at any time of year, but for other species, particular times of year are required to give the most reliable results, as indicated in Figure 2 
• Surveys conducted outside of optimal times (Figure 2) may be unreliable. For certain species (e.g. Great Crested Newt) surveys over the winter period are unlikely to yield any useful information. Similarly negative results gained outside the optimal period should not be interpreted as absence of a species and further survey work maybe required during the optimal survey season. This is especially important where existing surveys and records show the species has been found previously on site or in the surrounding area.  An application may not be valid until survey information is gathered from an optimum time of year.
• Species surveys are also very weather dependent so it may be necessary to delay a survey or to carry out more than one survey if the weather is not suitable, e.g. heavy rain is not good for surveying for otters, as it washes away their spraint (droppings).  Likewise bat surveys carried out in wet or cold weather may not yield accurate results.
• Absence of evidence of a species does not necessarily mean that the species is not there, nor that its habitat is not protected (e.g. a bat roost is protected whether any bats are present or not). 
• Local Biological / Environmental Records Centre may have useful existing information and records. 
• Only competent ecologists should carry out any surveys. Where surveys involve disturbance, capture or handling of a protected species, then only a licensed person can undertake such surveys (e.g. issued by Natural England). Surveys should follow published national or local methodologies.  Further details may be found on the following web sites:

IEEM at: (http://www.ieem.net/publications.asp  - Guidelines for Survey Methodology) 

Natural England: http://www.naturalengland.org.uk/publications/publications/default.aspx