Planning for wildlife

Sustainable development lies at the heart of national planning policy.

Being able to demonstrate this sustainability adds weight in favour of your development.

Leaving the environment in a better state creates a legacy for future generations.

In planning for wildlife, we will work with you from start to finish to ensure sustainability for wildlife and future success of your project.

“The purpose of the planning system is to contribute to the achievement of sustainable development.”

We will work positively and proactively with you in planning for wildlife so that :

  • we understand your project in both national policy and local context and work positively with local planners,
  • we can advise you on your responsibilities under the law, how to demonstrate compliance, and flag-up any need to apply for a licence;
  • we can help you smoothly through planning for wildlife: from screening and scoping; data gathering; designing for wildlife in your plans; and delivery to make things happen;
  • we can tell you the information we think is needed for planning;
  • we can ensure the environmental sustainability of your development.

Why plan for wildlife ?

By planning for wildlife with you, we can ensure the environmental sustainability of your development.

Sustainable development, that protects and/or enhances our wildlife and ecology, will allow us to enjoy a better future for the UK’s natural environment, support our well-being as a society; and give us long-term sustainable growth for our economy.

Sustainable development is at the core of the updated 2019 National Planning Policy Framework; the government’s overarching guidance for development planning in England.

There are various definitions for sustainable development. The NPPF uses the 1987 Brundtland Commision definition “meeting the needs of the present without compromising the ability of future generations to meet their own needs“.

The NNPF sets out examples where planning permission could be refused to conserve wildlife: significant unavoidable harm to biodiversity not mitigated or failing that compensated for; adverse effects on Sites of Special Scientific Interest; and loss or deterioration of irreplaceable habitats (e.g. Ancient Woodland; ancient or veteran trees).

The NPPF also shows how planning policies and decisions should make a positive difference for the natural and local environment and try to provide a “net gain” for wildlife.

“Plans and decisions should apply a presumption in favour of sustainable development.”

By planning for wildlife with you, we can ensure the environmental sustainability of your development. Being able to demonstrate this sustainability adds weight in favour of your development under the NPPF. Leaving the environment in a better state creates a legacy for future generations.

Local context is key

Understanding local context is key to understanding ecology in planning

The NPPF is a national strategy for the planning of sustainable development. The starting point for a local authority’s statutory decision making is still the local plan.

Local plan policies frame the council’s high-level strategy for development, including their priorities for wildlife and planning. They also form the local strategy for mitigating for and adapting to “climate change”, essential for increasing the resilience of local ecosystems under pressure.

They therefore provide key local context for wildlife and planning. As an example of local context : whilst great crested newts are common in much of England, they are not present in parts of the south-west. So whilst relevant for planning in Suffolk, newts are not relevant in Truro.

The national “Biodiversity Action Plans” have been replaced by the “UK Post-2010 Biodiversity Framework (2012)” and lists of “priority species and habitats”. Some local authorities also maintain Local Biodiversity Action Plans.

To add more detail and context for wildlife and planning, local planning authorities and communities also use other approaches such as:

  • gathering data on local ecological networks and Nature Recovery Networks;
  • working with local partners to catalogue important Local Wildlife Sites;
  • delivering new green infrastructure for communities; and
  • supplementary plans such as “Recreational Avoidance and Management Strategies“, and “Local Biodiversity Action Plans“.

Overall the NPPF says that a local plan that is positively planning for wildlife should do the following :

  • identify, map and safeguard “components of local wildlife-rich habitats and wider ecological networks“, including sites designated as international, national and locally important for biodiversity;
  • show how wildlife corridors and stepping stones connect these sites;
  • show which areas are identified by national and local partnerships for habitat management, enhancement, restoration or creation;
  • promote the conservation, restoration and enhancement of priority habitats;
  • promote the conservation, restoration and enhancement of ecological networks ;
  • promote the protection and recovery of priority species;
  • identify and pursue opportunities for securing “measurable net gains for biodiversity“.

Understanding local context is key to effective planning for wildlife. Just as your project is unique, there is not a “one-size fits all” approach.

By working with you to understand your project and acting proactively and positively with local planners, we can ensure the sustainability of your development for wildlife.

Legal protection for wildlife

And now for the legal bit…

Legislation protecting sites and species include acts such as : Wildlife and Countryside Act 1981 || Protection of Badgers Act 1992 || Hedgerow Regulations 1997 || Conservation of Habitats and Species Regulations 2017 (“the Habitats Regulations”)

Separate to any planning requirements, there is also a system of legal protections for wildlife via criminal law, which you are legally required to comply with. Some of these protections will be well-known to you: such as the protection of breeding birds and their nests. Contravening these statutes can carry criminal and not civil sanctions.

Our surveyors are specially trained and licenced to allow us to carry out our work. We advise our clients on their responsibilities under the law, how to demonstrate compliance for yourselves and your contractors, and let them know if and when they need to apply for a licence.

Be aware that applying for planning will not discharge all your requirements under the law.

If this seems daunting, please do not worry.

We will act proactively to advise you on your responsibilities under the law, show you how to demonstrate compliance for yourselves and your contractors, and flag-up when you might need to apply for a licence.

A practical approach in planning for wildlife?

How to approach planning for wildlife methodically

There are four simple actions in planning for wildlife :

  • Screening and scoping : Deciding whether ecology is relevant and what important wildlife features might be
  • Data : Gathering data to inform decisions;
  • Design : Taking account of wildlife in your plans
  • Delivery : Making things happen

We are happy to assist you through any of these stages.

Screening and scoping : Discussing and determining the relevance of ecology to your project. Our experience of different sectors and our personal knowledge of sites and species can help you appraise what’s right for your project. There is no one size fits all for us.

Data : Gathering the information to help understand the context of a site and the key features for wildlife. An experienced ecologist should be able to flag up potential issues prior to any work commencing, but will need to carry out desktop surveys or field surveys to confirm their opinions. This might involve desktop surveys, field surveys, personal knowledge of sites and species. Due to the legislation, survey effort often focuses onto legally-protected species.

Design : Considering how the ecology and wildlife act as both a constraint and positive feature for your project : drainage; landscaping; alternative layouts to avoid impacts; Construction Environment Management Plans; environmental appraisals; discussions with planners; greenspace design; recreational management; wildlife enhancement plans.

Delivery : Ensuring that the planned project progresses as intended: negotiating planning, specifying construction methods; negotiating condition discharge; mitigation; acting as Ecological Clerk of Works; licencing; landscaping for wildlife; habitat management; working with the community.

BS 42020 makes detailed recommendations to avoid unnecessary costs and delay at the planning process stages: Pre-application || Validation and registration || Decision-making || Determination || Implementation and construction

By working proactively with you in planning for wildlife, we can help you through the various stages and ensure the sustainability of your project for wildlife.

What wildlife information does planning need?

Ecology is always relevant, but sometimes it is more relevant than others.

The information required for validating and determining a planning application often differs due to local circumstances and the type of application. There may be requirements particular to a local planning authority, such assessments for breeding Stone Curlews in Breckland or for recreational disturbance on European sites in Suffolk.

With respect to planning applications, the legal guidance clarifies that additional information requests made to you:

  • must be reasonable given the nature and scale of the proposed development; and
  • must relate to a material consideration in the determination of the application.

Many planning authorities will have a Validation Requirements Checklist that provides helpful guidance for applicants on what they require for biodiversity.

For protected species, such as bats and newts, surveys will normally need to be conducted before the application can be determined.

Sometimes there can be an unexpected request from the planning authority. If you have issues due to a perceived lack of information on ecology, please do contact us to see if we can work positively and proactively to resolve the situation for you and the planners.

Be aware that additional requests for information and clarification may be made by the planning authority after validation.

We will set out clearly what information we think will be required for your planning application.

We hope that this article has been helpful to you.