Prepare a planning proposal to avoid harm or disturbance to protected species
How to prepare a planning application when there are protected species on or near a proposed development site.
Applies to England
This guide is for developers. It explains what you must consider if you’re planning a development on or near a site used by protected species.
There are separate guides for:
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.
You should:
- avoid harm or disturbance to protected species and their habitats
- mitigate for the effect on them if it’s not possible to avoid harm
- compensate for harm as a last resort
You may need to apply for a licence to allow activities that would otherwise be illegal.
How to prepare a development proposal
The National Planning Policy Framework explains how a local planning authority (LPA) should apply government planning policies to your planning proposal. Further guidance is set out in the natural environment planning practice guidance.
1. Assess the effect of development on protected species
Before you submit a planning application, you need to know if:
- protected species are, or likely to be, on or near the development site
- the proposed development would affect the protected species
You may need to carry out a survey to find this out.
You only need to survey if it’s likely that protected species are:
- present on or near the development site
- affected by the development
Ask an ecologist to help you decide if a survey is needed and to carry out the survey.
You can find one using either:
- Chartered Institute of Ecology and Environment Management directory (CIEEM)
- Environmental Data Services directory
The LPA can ask you for the following.
A preliminary ecological appraisal to decide if you need to do a further survey where it’s not clear:
- if there are species present
- which species they are
- if their numbers are significant to the species population as a whole
More detailed surveys to provide an assessment of the potential effects of your development.
A further survey as a condition of the planning permission - usually only for outline applications or multi-phased developments - to make sure protected species are not affected at each stage.
You may not need to provide a detailed survey if you can show that the protected species are not affected by your proposal, because of:
- your proposed working methods
- the layout of the development to retain supporting habitats or special features
- the timing of the development to avoid sensitive times, such as hibernation and breeding seasons
You can ask for discretionary advice from Natural England about site specific survey needs and biodiversity. There is a charge for this service.
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.
Some species are designated and protected as European protected species (EPS). EPS get full protection under The Conservation of Species and Habitats Regulations 2017. It’s an offence to deliberately capture, injure or kill, or deliberately disturb EPS.
If you can predict the effect of your development on EPS it may be possible for the LPA to use licensing policy 4, which in certain circumstances allows you to do less survey work and propose worst-case scenario compensation. Natural England can advise you about this.
The LPA can refuse planning permission if the surveys:
- are carried out at the wrong time of the year, are not up to date or do not follow standard survey guidelines without appropriate justification
- do not provide enough evidence for them to assess the likely impact on the species and its supporting habitat
2. Avoid, mitigate or compensate for harm or disturbance
You’ll need to use your survey results to consider the effect of your proposed development on protected species and their habitats.
If it’s likely that the development will affect protected species, you should get advice from an ecologist and discuss your proposals as early as possible with the LPA.
You should make sure that your proposed development has avoided impacts on protected species, for example by changing the layout or timing of the development. If this is not possible you should incorporate appropriate measures to mitigate for the impacts. The can help you decide on appropriate mitigation. As a last resort you should compensate for impacts.
3. Consider ways to enhance biodiversity
In line with the National Planning Policy Framework, you should consider ways to deliver a net gain for biodiversity by:
- keeping, creating new, or enhancing existing habitats on your development site
- improving connections between habitats
- including features, such as green roofs, street trees or sustainable drainage into your design
4. Submit your planning application
As part of your planning application, you need to check you have submitted all the appropriate information about the effect your development proposal would have on protected species.
If the LPA does not have enough information to make a decision, they can ask you for further information.
This may include asking for:
- further surveys or assessments
- a mitigation or compensation strategy and information on enhancement measures
- a monitoring and review plan
The LPA will decide whether to grant planning permission
The LPA will refuse planning permission if significant harm from development cannot be:
- avoided, for example by measures such as moving to an alternative site with less harmful effects
- adequately mitigated for
- as a last resort, compensated for
If you need a separate protected species licence, the LPA needs to consider if it will be granted by Natural England or Defra. For further guidance, see the protected species advice for LPAs.
If the LPA grants planning permission they may:
- decide to attach planning conditions or ask you to agree to a planning obligation to secure necessary mitigation and compensation measures
- ask you for a monitoring and review plan so that agreed measures can be adjusted if they are not working as intended
- attach an ‘informative’ note to your planning permission - for example to ask you to take action if protected species are discovered during development, or to advise you if a protected species licence is likely to be needed
Licensing for protected species
Natural England or Defra can sometimes grant licences for certain protected species including EPS, water voles and badgers, to allow activities that would otherwise be illegal. If your proposal affects protected species, you must be confident that Natural England or Defra is likely to grant a licence if one is needed.
Find out about wildlife licences and when you need to apply.
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.
Protected species licensing requirements are in addition to the requirements for planning permission. Licences are subject to separate processes and specific policy and legal tests.
If your proposal is likely to affect protected animals and plants, including EPS, you need to check that:
- the activity has a certain purpose, for example it’s in the public interest to build a new residential development
- there’s no other satisfactory solution that will cause less harm to the species
- the development does not harm the long-term conservation or survival of any population of the licensed species
Natural England can advise you about how to use EPS licensing policies to reduce costs and delays.
You should try to avoid the need for a licence by planning the timing, location, design and layout of a development to prevent harming protected species.
You can usually only apply for a licence after you have got planning permission.
If you need a licence, the LPA can grant planning permission only:
- if they are satisfied that Defra or Natural England are likely to grant the licence
- in a way that allows Defra or Natural England to grant the licence after planning permission is given, but before the development is implemented
You can get advice from Natural England before you submit a licence application and to review a draft licence application.
District level licensing
District level licensing is an alternative approach to traditional mitigation licences to develop sites which could affect great crested newts.
If you are a developer proposing to develop land where great crested newts may live, you can pay to join a district level licensing scheme if there is one in that area.
By joining a scheme, you do not need to:
- carry out your own surveys of great crested newts
- plan and carry out mitigation work to move the newts to safety
Read the guide on great crested newts: district level licensing schemes for developers for guidance on how to use district level licensing in your planning applications.
If a district level licensing scheme does not operate in your area, you must apply for a mitigation licence.
Standing advice for specific species
What the local planning authority look for in development proposals to make planning decisions that affect:
Updates to this page
Published 12 November 2020Last updated 25 October 2023 + show all updates
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Page updated because of new requirements for protected species mitigation licences for animals and plants in schedule 5 and schedule 8 of the Wildlife and Countryside Act 1981 (brought in by the Environment Act 2021).
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Updated information on district level licensing to link to updated guidance on 'Great crested newts: district level licensing schemes for developers'.
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Updated links to species standing advice: revised guidance to help local planning authorities make planning decisions on development proposals affecting protected species.
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First published.