GLM Ecology

  GLM Ecology

Protected Species

Various plants, mammals, birds, fish, reptiles, amphibians, invertebrates and their habitats are legally protected (UK and EU directives). Many of these protected species are widespread and can be located in both rural and urban environments. Prior to any development planning permission is required and by law protected species surveys are mandatory. These protected species are a "material consideration" in the planning system and the planning authority will need to know likely impact on protected species and if mitigation is possible before they make a decision. If these "material considerations" are not considered by the planning authority then their decision could be challenged and anulled in the courts.

 

The presence of protected species on a development site can have implications on the project in regard to costs and timing therefore it’s very important that protected species surveys are carried out at the earliest convenience. Deliberate or reckless interference of protected species and their habitats can result in serious penalties with the companies being held liable. GLM Ecology has a specialist team of consultants and surveyors that are licensed, highly experienced and qualified in surveys and ecological mitigation for protected species. We are able to advice on the complexities of the legislation surrounding protected species and can ensure that clients receive the correct information and therefore able to implement any action and to determine if any further work is required.

 

In various cases a European Protected Species licence (e.g. bats, great crested newts, dormice) may need to be applied for and licensing is a seperate process to planning permission. These are issued by the relevant Statutory Nature Conservation Organisation (SNCO) e.g. Natural England and these  will need to be satisfied that the “Favourable Conservation Status” of the species will be maintained which usually means that mitigation, such as dormice nest boxes, will need to be provided, and they will also need to be satisfied that “there is no satisfactory alternative” to the proposals, in other words could the works be undertaken differently with less impact. The Statutory Nature Conservation Organisation will not normally issue licences until planning permission has been granted.  The local authority needs to be satisfied that a licence for the works is likely to be granted before determining the application – otherwise as per recent case law their decision could have been found to be invalid and the permission invalidated.

 

Seven step guide to getting planning permission and a European Protected Species licence.
Step 1 - undertake both desktop studies and field surveys to determine whether there are protected species on the site.
Step 2.- if protected species are found undertake field surveys using appropiate methodology to establish where they are present and how they are using the site.
Step 3 - from the survey results establish whether or not the proposals will impact upon the species.
Step 4 - if  an impact is established decide whether or not the impact can be minimised and design mitigation to compensate for the harm caused.
Step 5 - submit the survey results and the mitigation plan to the local planning authority. This will  include details of how the mitigation proposals meet all three tests of the habitat regulations and also submit a draft licence application.
Step 6 - obtain planning permission – there should be no objections in relation to the protected species in question  if  the requirements of the habitat regulations have been met and a licence for development works affecting a European protected species can be obtained 
Step 7 - Apply for the licence from  the SNCO and commense works in accordance with the licence conditions. Note that licences can take upto 8 weeks to arrrive. 
 
Please click on the links for further details:

Amphibians

Invertebrates

Mammals

Habitats