Sites of special scientific interest: public body responsibilities
Find out what you must do as a public body when carrying out or approving activities on or near sites of special scientific interest (SSSIs).
Applies to England
You have a responsibility to conserve and enhance the special features of sites of special scientific interest (SSSIs). You must take reasonable steps to do this in all aspects of your work.
You must seek approval (known as ‘assent’) from Natural England before carrying out the functions of your organisation if they’re likely to damage the special scientific interest of an SSSI.
You must also ask for Natural England’s statutory advice before giving permission to a third party for planned activities that are likely to damage the special scientific interest of an SSSI.
You must follow this guidance for all SSSI land, including land that:
- you own or manage
- you intend to lease or rent to a third party
- could be damaged or affected by off-site activities - for example if you’re from the Environment Agency and you plan to carry out flood defence work nearby
- could be damaged or affected by planned activities by another party that you’ve been asked to approve - including activities outside the boundaries of an SSSI
- could be damaged as a result of enforcement action that you intend to require someone to carry out
There’s separate SSSI guidance for landowners and occupiers who are not public bodies to seek ‘consent’.
Public bodies this guidance applies to
This guidance applies to section 28G authorities, which include:
- government departments and their agencies
- local authorities, including planning authorities
- ‘statutory undertakers’ such as water and electricity companies, and harbour authorities
- any other public body of any description
If you’re not sure if your organisation is a section 28G authority, you should seek legal advice. Examples of organisations that are not section 28G authorities are:
- The National Trust
- Wildlife Trusts and the RSPB
- electronic communications companies (code operators)
Protecting SSSIs
You must consider the potential impact on the special habitats, species or geology of SSSI land from activities:
- you plan to carry out as a public body
- you plan to contract out to commercial companies to carry out for you
- proposed by others that you may give permission to
- you intend to require another person to carry out through your enforcement action
- carried out by others without permission, where you could take reasonable action to prevent damage
Assessing the impact of activities
To help you assess the impact, you can:
- use the designated sites system to find out which habitats and species are of special scientific interest, and which activities are likely to damage them
- use the MAGIC map to view all designations, SSSI Impact Risk Zones, waterways and other land features
- read specific guidance on responsibilities for protecting wild birds and their habitats - for example where bird species may be of special scientific interest and could be affected by work on other land where they feed or nest
Natural England consults public bodies in writing about new SSSIs and changes to existing ones, sharing information about the sites. You can use this information to assess the potential impact of your activities and others’ plans.
You could be fined £20,000 in a magistrate’s court or get an unlimited fine in the Crown Court if your activities damage the special scientific interest of an SSSI and you:
- did not give Natural England prior notice of your intention to carry out or approve an activity likely to damage the special scientific interest of an SSSI
- carried out or approved that activity before you got Natural England’s response
Sites of international importance
If your activities, or activities you plan to approve, might significantly affect a protected European or Ramsar site, you’ll need to carry out a habitats regulations assessment (HRA) first. Protected European sites include Special Areas of Conservation (SACs) and Special Protection Areas (SPAs).
You must follow the guidance about how to carry out a habitats regulations assessment . You should use Natural England’s European sites conservation advice and marine protected areas conservation advice.
This assessment is to help you plan how to avoid significant effects or mitigate for them, when you’re carrying out or approving activities.
You should do this before you seek SSSI assent or statutory advice from Natural England.
Your HRA may show that activities are likely to have a significant effect on the protected European or Ramsar site. If this is the case, you must consult Natural England on your proposed plans to avoid or mitigate significant effects on the European or Ramsar site. You should consider their advice to help you decide whether all significant effects have been ruled out.
The mitigations might also prevent potential damage to the special scientific interest of the SSSI. However, if you think that damage to the special interest of the SSSI is still likely, you must:
- apply for assent for your activities
- get statutory advice from Natural England if you’re considering giving permission to a third party
You should provide an up-to-date HRA at this point.
Find out more about your duty to protect, conserve and restore European sites.
Carrying out activities as a public body
You must ask for approval (known as ‘assent’) from Natural England before carrying out activities that are likely to damage the special scientific interest of an SSSI. This includes planned activities on land outside the boundaries of an SSSI that are likely to damage the special interest. For example, you may need to maintain a road near an SSSI where the planned activities could disturb a species that’s of special scientific interest.
You do not need to request Natural England’s assent for activities that you’ve decided are unlikely to damage the special scientific interest of an SSSI.
However, you could be prosecuted and fined if your activities damage the special scientific interest of an SSSI.
You should keep a record of proposed activities that you do not seek assent for, and your reasons for this. Contact Natural England at protectedsites@naturalengland.org.uk if you’re not sure.
Request assent
If you think your activities are likely to damage the special scientific interest of an SSSI, you must complete the form to give notice and request assent and email it to protectedsites@naturalengland.org.uk. If you are not sure whether this applies, you can ask Natural England for advice.
It’s your responsibility to make sure that you provide all the information that Natural England needs to make a decision and respond.
Include as much detail as possible about your proposed activities, including the:
- location
- type of activity
- proposed methods
- timings
If your proposal is likely to have a significant effect on a European or Ramsar site, you must also carry out an HRA of the proposal, consulting Natural England as required.
You can pay for Natural England to do a quick check of your assent notice before you submit it to make sure it contains the information required for them to make a decision. Find out more in the ‘Ask for discretionary advice from Natural England’ section of this page.
Decisions on assent applications
You must not carry out activities until you get a reply from Natural England.
Natural England will usually reply to you within 28 days of the date on your notice, to give or decline their assent. If you do not get a written response within 28 days, you should take this as assent declined. You can pay for fast-track advice if you need their decision quicker than 28 days. This is subject to availability, find out more about fast-track advice in the ‘Ask for discretionary advice from Natural England’ section of this page.
Natural England may give their assent with conditions. For example, they might say that the work should be carried out at a certain time of year to limit damage to the land or disturbance to vulnerable birds. You may also need to apply for a licence if the work will affect a protected species.
If your assent notice does not include enough information for Natural England to make an assessment, they may ask you to take one of the following actions:
- provide more information within a specified timeframe
- withdraw the notice
If you do not do as they ask, Natural England may have to decline assent, or add conditions that protect the special scientific interest of the SSSI.
If you decide to go ahead without assent
If you decide that you have other statutory duties that outweigh the negative effects on the special scientific interest of the SSSI, you can still carry out those activities if one of these applies:
- Natural England declines their assent
- you believe the conditions attached to an assent are unacceptable
You must give Natural England written notice at least 28 days before the start of the activities if you intend to go ahead without assent or against the recommended conditions.
You must tell Natural England how you’ve:
- taken into account any advice Natural England gave you
- considered alternatives that could reduce the impact on the SSSI, such as using lighter vehicles to carry materials
- assessed differing interests in order to reach your decision
If Natural England still has serious concerns about the potential damage to an SSSI they may give you further advice, or refer your case to the Secretary of State for Environment, Food and Rural Affairs.
After you’ve waited 28 days, you can proceed and carry out the activities, but you must:
- cause as little damage to the special scientific interest as is reasonably practicable
- restore the affected site to its former condition, where practicable, if your activities do cause damage
You could be prosecuted and made to restore the features of an SSSI if you do any of the following:
- fail to notify Natural England of the activities
- do not take account of Natural England’s advice
- cause more damage than necessary
Natural England may review previously given consent or assent
When Natural England provides a new assent, they may ask that your authority no longer relies upon assents or consents that were previously provided.
If Natural England becomes aware of new evidence that previously assented activities are now known to be damaging to the SSSI, they will contact you.
These actions will help public authorities to comply with their duty to conserve and enhance the special scientific interest of SSSIs.
Approving activities by others
Other parties might request your permission to carry out activities that are likely to damage or affect the special scientific interest of an SSSI.
This could apply where your authority:
- is responsible for granting permission, such as a licence, permit or consent
- owns land and has been asked whether to allow someone else to carry out an activity on your land, such as a recreational event
The special scientific interest of SSSIs could also be damaged as a result of enforcement action that you intend to require someone to carry out.
If you’re a local planning authority, find out more about how to review planning applications.
If your proposal is likely to have a significant effect on a European or Ramsar site, you must also carry out an HRA of the proposal, consulting Natural England as required.
Ask for Natural England’s statutory advice
When other parties request your permission to carry out activities, you’re responsible for:
- assessing the implications of proposals
- making decisions on proposals
If you want to give permission for planned activities that are likely to damage the special interest of an SSSI you must ask for statutory advice from Natural England first.
You must email the proposal to Natural England at protectedsites@naturalengland.org.uk at least 28 days before giving your permission.
Advice and conditions
Natural England will usually reply to you within 28 days of receiving your written notice to advise you whether to give permission or not. If you do not hear back within 28 days, you can assume Natural England has no comments to make.
Natural England may give you statutory advice on the likely impact of the proposal and recommend that you give your permission only with conditions. You or another party may also need to apply for a licence if the work will affect a protected species.
If Natural England advises refusal of permission
Natural England may recommend that you do not give permission, or that you attach conditions. In some cases, you may find this unacceptable if your other statutory duties outweigh the negative effects on the SSSI. In these cases you can still approve activities.
You must give Natural England at least 21 days’ notice before the start of the activities. Email protectedsites@naturalengland.org.uk with a copy of the permission you propose to give.
You must explain how you’ve:
- taken Natural England’s statutory advice into account
- considered alternatives
- assessed differing interests in order to reach your decision
If Natural England still has serious concerns about the likely damage to the special scientific interest of an SSSI they may give you further advice or refer your case to the Secretary of State for Environment, Food and Rural Affairs.
Emergency works
In an emergency, a public body may need to:
- enter SSSI land or carry out activities nearby
- give permission to a third party to enter SSSI land or carry out activities nearby
An emergency is defined as an unpredictable and sudden situation that needs immediate action, with a serious threat to loss of life or irreparable damage to the environment.
You may not have time to ask for Natural England’s assent or statutory advice in an emergency, or to give Natural England the 28 days’ notice that’s normally required before beginning work.
In this situation, you should:
- tell Natural England about the work you’re carrying out or approving as soon as possible and preferably within 24 hours of entering an SSSI or nearby land by contacting protectedsites@naturalengland.org.uk
- take appropriate action to make sure the emergency work causes as little damage to the special scientific interest as possible, both during and after the emergency works
- carry out work or take appropriate action to address any damage to the special scientific interest of the SSSI, once the emergency has passed
Activities that have included planning in advance will not be considered emergency works.
Any damage or disturbance resulting from activities that were not an emergency could result in enforcement action.
If you fail to repair any damage to the special scientific interest of the SSSI caused by emergency works, this could also result in enforcement action.
Ask for discretionary advice
You can request additional advice from Natural England before submitting your proposal to carry out or approve activities on or near SSSIs.
If you ask Natural England for additional advice, they may:
- signpost you to online guidance
- offer free discretionary advice, for straightforward proposals
- recommend you seek paid advice for more complex proposals
Email protectedsites@naturalengland.org.uk to ask for additional advice.
Pay for advice
Natural England may be able to offer paid advice if what you want to do is more complicated. Natural England can:
- help you review your survey results
- advise on your mitigation strategies to reduce damage to the environment
- help if you need discretionary advice quickly (in fewer than 28 days)
- help if you need complex advice to meet a deadline
Contact Natural England as soon as possible if you need their advice quickly.
How much you pay will depend on:
- the amount of advice you require from Natural England and how complicated your proposal is
- whether or not a Natural England adviser needs to visit your site
- how quickly you need their advice
If you want discretionary advice to avoid damage to protected sites or species, it will cost £110 per hour for written advice or to speak to an adviser by telephone.
A meeting will cost:
- £500 per adviser for a 90 minute meeting at your office or site, a Natural England office or a conference call
- £110 per hour per adviser for each additional hour
If you want an adviser to travel to your site, you’ll pay the adviser’s:
- travel costs at 45p per mile
- public transport, tolls and expenses over and above the mileage at cost
- travel time as part of the hourly rate
Pay for fast-track advice
You’ll pay:
- £500 for discretionary advice on a straightforward case in less than 28 days
- £110 per hour, per adviser on a complex case to your deadline
Natural England will tell you which level of advice applies to your proposal.
Use the fast-track assent advice request form and send it to protectedsites@naturalengland.org.uk.
Use the quick check service
You can pay Natural England £200 to check that your proposal contains the information required for them to make a decision. You’ll get a response within 28 days. This service is not suitable for complex cases.
Use the quick check assent request form and send it with your assent notice form to protectedsites@naturalengland.org.uk.
Terms and conditions for paid advice
Read Natural England’s .
Contact Natural England
If you need help, contact Natural England:
SSSI enquiries
Farm and Conservation Service
Natural England
County Hall
Spetchley Road
Worcester
Worcestershire
WR5 2NP
Email ProtectedSites@naturalengland.org.uk
Telephone 0300 060 3900
Updates to this page
Last updated 25 July 2024 + show all updates
-
Information added about: who the guidance applies to, carrying out or approving activities on or near SSSIs and European sites, and asking for discretionary advice. Added advice to keep a record of proposed activities that you do not seek assent for, and clarification that Natural England may review previously given consent or assent. Removed advice about what to do if assent or consent is frequently needed, as it no longer applies to SSSI assent.
-
If Natural England advises consent refusal, write to Natural England at least 21 days before the start of the works (not 21 working days).
-
Updated the guide on getting free advice from Natural England.
-
Updated 'Approving works by others' section to clarify public body responsibilities when allowing recreational events in sites of special scientific interest.
-
Natural England will respond within 28 days, not 28 working days.
-
Charged advice forms added.
-
Amendments to section 'Obtain free or charged advice from Natural England' following introduction of chargeable advice service for protected sites consents.
-
Added section on Natural England's free and charged advice.
-
Beta label removed.
-
First published.