Form

Protected species licences: when to include a reasoned statement with your application

Updated 6 March 2023

Applies to England

When you need to complete a reasoned statement

Before Natural England can grant a licence to carry out a development activity where there is a protected species, you need to show that these 3 licensing tests can be met:

• there is a purpose, for example:
  • you need to preserve public health and safety
  • there’s an overriding public interest, such as providing housing in an area where shortfalls have been clearly identified
• there is not a satisfactory alternative
• the protected species will not be harmed as a result of the proposed activities

Use the correct form

Your reasoned statement should contain supporting evidence to show that there is not a satisfactory alternative. You should use the form that fits the purpose of your application.

Reasoned statement for preserving public health and safety

Reasoned statement for overriding public interest

Applications for preserving public health and safety will only be accepted if there’s a genuine risk. You need to provide evidence of the risk to public health and safety. The reasoned statement template includes advice on what evidence you can provide.

You should declare which reasoned statement you are using by ticking the correct purpose on the application form. The reasoned statement must be included as part of your application pack, which consists of:

• application form
• reasoned statement
• method statement
• any accompanying documents

When you do not need a reasoned statement

Applications for home improvements and small scale housing developments

You do not need a reasoned statement if your application is for overriding public interest and at least one of the following applies:

Bats

You do not need to include a reasoned statement where bats and their roosts will be affected by:

• repairs and maintenance
• roof replacements, loft conversions and extensions
• renovations of existing domestic dwellings and associated structures, such as garages
• housing developments of less than 1 hectare, including:
  • existing buildings and associated structures that may need to be demolished before redevelopment takes place (whether domestic dwellings or other types of buildings)
  • barn conversions for domestic dwellings (this does not include conversions for commercial use, such as holiday lets)

You may still need to submit a reasoned statement if the bat population is of regional or national importance. Email Natural England on EPS.Mitigation@naturalengland.org.uk for further advice.

Great crested newts

You do not need to include a reasoned statement where great crested newts will be affected by:

• repairs and maintenance
• extensions and renovations of existing domestic dwellings and associated structures, such as garages
• housing developments of less than 0.5 hectares on land attached to a property that’s on a developed or previously developed (brownfield) site - this may include existing buildings and associated structures that may need to be demolished before redevelopment takes place (whether domestic dwellings or other types of buildings)

Applications to conserve and protect listed buildings, scheduled monuments or places of worship

Bats

You do not need a reasoned statement for applications to conserve and protect:

• listed buildings, unless you are proposing to extend buildings or structures or change their use
• scheduled monuments
• registered places of worship or a place of worship belonging to the Church of England for:
  • repairs and maintenance (including roof replacement)
  • restoration
  • essential works to:
    • prevent serious damage to buildings and structures (including contents)
    • preserve public health and safety
    • enable continued appropriate use of the building or structure

You may still need to submit a reasoned statement if the bat population is of regional or national importance. Email Natural England on EPS.Mitigation@naturalengland.org.uk for further advice.

Applications for improving public utility works

A public utility supplier can be a public or private company that provide public services such as:

• energy (gas and electricity)
• water
• waste
• transport and communications infrastructure

Hazel (or common) dormice and great crested newts

You do not need to include a reasoned statement where hazel dormice and great crested newts and their habitats will be affected on a temporary or negligible basis by:

• repair, maintenance, restoration or renovation of existing infrastructure
• removal of infrastructure that’s no longer needed, such as road signage or cabling
• construction or installation of new infrastructure such as:
  • laying pipes and cables
  • putting up road signs or telegraph poles
• essential works to:
  • prevent serious damage to property
  • preserve public health and safety
  • allow continued intended and appropriate use of the infrastructure

You must restore any habitat that’s been temporarily impacted to its original or comparable state once works are complete. There should be:

• negligible impact on the permanent habitat loss - as a guide, less than 1 square metre (sqm) for the footprint of each road sign or telegraph pole installed for example
• the same resource, shelter, protection and suitability as a breeding site or resting place when works are complete

Works that cause a permanent loss of habitat by a change in land use will need a reasoned statement with your application.

Applications to maintain, repair, improve public buildings or develop public land

Public buildings and public land includes buildings and land owned or leased by the government, their departments, agencies and arm’s length bodies, such as:

• schools
• hospitals
• prisons
• courts
• airfields

It does not include the Public Forest Estate or sites of special scientific interest.

Bats and great crested newts

You do not need to include a reasoned statement where bats and their roosts or great crested newts and their habitats will be affected by:

• repairs and maintenance
• restoration
• renovation
• redevelopment of an existing buildings, which may include demolition before redevelopment, as long as it remains in use as a public building
• extending or adding new buildings within the grounds of the existing developed site
• essential works to:
  • prevent serious damage to buildings (including contents)
  • preserve public health and safety
  • allow the building to be continued to be used as it was intended

Extending public buildings beyond existing boundaries, changing them to private use, or developing land for private use will need a reasoned statement with your application.

You may still need to submit a reasoned statement if the bat population is of regional or national importance. Email Natural England on EPS.Mitigation@naturalengland.org.uk for further advice.