Natterjack toads: advice for making planning decisions
How to assess a planning application when there are natterjack toads on or near a proposed development site.
Applies to England
This is Natural England’s ‘standing advice’ for natterjack toads. It is a material planning consideration for local planning authorities (LPAs). You should take this advice into account when making planning decisions. It forms part of a collection of standing advice for protected species.
You should read this guidance alongside Protected species and development: advice for local planning authorities.
Following this advice:
- avoids the need to consult on the negative effects of planning applications on natterjack toads in most cases
- can help you make decisions on development proposals
You may need a qualified ecologist to advise you on the planning application and supporting evidence. You can find one using either the:
- Chartered Institute of Ecology and Environment Management (CIEEM) directory
- Environmental Data Services directory
How natterjack toads are protected
Natterjack toads are a European protected species (EPS) protected under the Conservation of Habitats and Species Regulations 2017. It is an offence to:
- deliberately kill, injure, disturb or capture them
- deliberately take or destroy their spawn
- damage or destroy their breeding sites and resting places (including when natterjack toads are not present)
- possess, control or transport them (or any part, alive or dead)
- sell, offer, or publish an advert to sell them
It is also an offence under the Wildlife and Countryside Act 1981 to intentionally or recklessly:
- disturb them while they occupy a structure or place used for shelter or protection
- obstruct access to a place used for shelter or protection
- possess or transport them (or any part, dead or alive)
- sell, offer, or publish an advert to sell them
Natterjack toads are included on the list of species of principle importance in England under section 41 of the Natural Environment and Rural Communities Act (2006).
They are also listed as endangered under the International Union for Conservation of Nature’s (IUCN) Great Britain red list. Find out more by checking the Red list for amphibians and reptiles in Great Britain on the Amphibian and Reptile Conservation website. These documents may not be accessible to assistive technology.
You must consider the conservation of natterjack toads as part of your planning decision. Find out more about your biodiversity duty.
The developer must comply with the legal protection of natterjack toads.
The developer may need a natterjack toad mitigation licence to carry out their development proposal.
When to ask for a survey
You should ask for a survey if any of the following apply:
- distribution and historical records suggest natterjack toads may be present - you can search the National Biodiversity Network Atlas by species and location
- the work is near a site with habitat that can support natterjack toads
- the work could affect the hydrology of a site that supports natterjack toads, which can inhabit ephemeral (short term) water bodies, such as land drains
Absence of a record does not mean there are no natterjack toads. It could mean there is no survey data available for that location.
The ecologist will need to carry out further surveys if natterjack toads are present and likely to be affected by the development proposals. For example, if development would break up connectivity and isolate populations.
Survey work can include:
- torchlight surveys - using a powerful torchlight at night (night searching)
- looking in refuges, for example under rocks, logs or other materials on the ground
- looking for strings of spawn
- listening for male calls at dusk during the breeding season from April to June
You must check if the ecologist holds the appropriate and up-to-date survey licence to carry out surveys. CIEEM publishes:
- competencies required for natterjack toad surveys
- advice on the valid age of ecological reports and surveys
Assess the effect of development on natterjack toads
Developers should submit information with their planning application on how their development proposal avoids or mitigates harm to natterjack toads.
Activities that can harm natterjack toads include:
- loss of habitat, such as breeding ponds or land drains - any loss that reduces the possibilities for foraging, breeding and burrowing
- a change in habitat management and habitat structure
- habitat fragmentation and isolation of toads by creating barriers between toad populations, for example buildings or walls, ditches or fast-flowing water bodies
- hydrological changes, for example siltation of ponds, increased chemical run-off into water or effects on the water table
- increased shading of ponds from trees or buildings
Avoidance, mitigation and compensation measures
Where possible development proposals should avoid negative effects on natterjack toads. Where this is not possible, the developer will need to include adequate mitigation or, as a last resort, compensation measures in their development proposal to allow you to make a planning decision.
To avoid possible negative effects on natterjack toads, developers could redesign the development proposal to:
- avoid activity near breeding sites and land habitats
- time the work so that it has the least risk of impact, for example doing pond management in winter when natterjack toads are less likely to be present
- decrease the risk of disease affecting the natterjack toad population - see the check-clean-dry campaign on the Non-Native-Species Secretariat website
If avoidance measures are not possible, mitigation and compensation measures could:
- improve or create links to other suitable habitats, such as warm, open coastal dune
- create new habitat in advance of works
- improve existing habitat, for example by reducing the amount of pond vegetation like algae or desilting ponds after works
- remove shade affecting water bodies
- increase ephemeral water bodies
- provide hibernation shelters, such as dry stone walls or south facing sandy slopes
If there is no reasonable alternative habitat close by, the development proposal could include capturing natterjack toads and moving them to a different location, known as translocation. This is a last resort option after all alternatives have been considered. The new habitat must be capable of supporting the natterjack toads. There must not be any disease risks from moving the natterjack toads. The translocation proposal should include evidence that translocation would benefit natterjack toad conservation.
The new receptor site should:
- be close to the natterjack toad’s current habitat
- be away from competitors (common frogs or toads) and predators (rats, gulls, grass snakes, aquatic invertebrates or great crested newts)
- not have a natterjack toad population already (it’s only acceptable to use a site that already has natterjack toads if the purpose is to save the population from local extinction)
- use the natural water table for new ponds
For more information on mitigation plans and compensation measures, read the planners guide for protected species and development.
Planning and licence conditions
The developer may need to apply for a natterjack toad mitigation licence if their activities are likely to affect natterjack toads. You may also need to add mitigation or compensation strategies as a condition of planning permission.
Before you can grant planning permission, you must:
- work with the relevant ecologist to make sure these conditions do not conflict with the requirements of a natterjack toad licence
- be confident that Natural England will issue a licence – read section 4 of Protected species and development: advice for local planning authorities You do not need to consult Natural England on the wording or discharge (approval) of any conditions you impose on a development proposal. Natural England is unable to provide advice on this
Natural England will not generally issue a licence until planning conditions relating to protected species have been discharged. This applies to conditions that are intended to be and capable of being discharged before development begins.
Natural England will only confirm if you need a licence when the development proposal is a Nationally Significant Infrastructure Project (NSIP).
Enhance biodiversity
To meet your biodiversity duty, you should suggest ways for the developer to:
- create new or enhanced habitats on the development site
- achieve improvements in biodiversity through good design
- follow other relevant plans and strategies for nature
Site management and monitoring
You should consider the need for site monitoring and management. These measures are likely to be needed by protected species licences.
A site management and monitoring plan should:
- remove scrub from around breeding ponds
- keep vegetation in ponds to a minimum
- maintain the terrestrial habitat by grazing to keep grass short
- make sure fish stocking can coexist with natterjack toads
- make sure no new physical barriers are created, such as fences and walls or vertical ditches
This can include additional survey work to check that mitigation measures are working as intended, followed by remedial work if needed.
Updates to this page
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This guidance has been improved and updated. This includes the following changes. In the section on how the species are protected, the list of offences has been updated to match the relevant legislation. In ‘Planning and licence conditions’, new wording has been included about planning conditions, including the discharge of conditions and issuing of licences.
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First published.