Ecological assessments for planning applications

Ecological assessments and planning applications

Background

Planning authorities have a duty to consider biodiversity when assessing planning applications. Where there is a reasonable likelihood that a planning proposal might affect important protected species or habitats, the council will require information on the species and habitat likely to be affected, and an assessment of the impacts of the proposals. This information will need to be provided before a planning decision is made and if this information is not provided the council may refuse to register the application.

This purpose of this webpage is to help applicants understand when an ecological assessment will be required and provide advice on the likely scope of any ecological assessment.

If you are unsure whether or not an ecological assessment will be required or the scope of the assessment you are advised to seek pre-application advice from the council.

Background - legislation

Local authorities have a Duty to have regard to the conservation of biodiversity in exercising their functions. This Duty was introduced by the Natural Environment and Rural Communities Act (The NERC Act) and came into force on 1 October 2006. This act clarified existing commitments with regard to biodiversity, raised the profile of biodiversity. It aimed to make the consideration of biodiversity a natural and integral part of policy and decision making.

In addition to the NERC Act there is also national and international biodiversity legislation. This includes legislation in relation to protected species and sites which operates outside of the planning system. Local Authorities and developers have a duty to comply with this legislation.

Background - National planning policy

National planning policy in relation to biodiversity can be found in Planning Policy Statement 9 - Biodiversity and Geological Conservation. This document states that planning, construction, development and regeneration should have minimal impacts on biodiversity and enhance it wherever possible.

Background - Local planning policy

Local Policy in relation to biodiversity can be found in the Local Development Framework, retained Local Plan policies and in the emerging Core Strategy.

When will an ecological assessment be required?

When there is a reasonable likelihood that a planning proposal will adversely affect important species or habitats (that is those species, sites or habitats protected under national or international legislation, a UK, Local or regional Biodiversity Action Plan species or habitat, or a species or habitat included on the Section 41 list of the NERC Act), an ecological assessment will need to be carried-out. In the majority of cases this will need to be submitted with the planning application.

The council screens all planning applications for the need for an ecological assessment. All 'major' developments and those developments on, adjacent to or containing:

• Sites of Importance for Nature Conservation;
• Biodiversity Action Plan habitats;
• Rivers and green corridors

are likely to require an ecological assessment.

Applicants are advised to seek pre-application advice from the council if they are unsure whether or not an ecological assessment will be required.

If, during the course of pre-application discussions, the applicant has agreed with the Council's Biodiversity Officer that an ecological assessment is not required, this should be made clear on the application form.

What should the ecological assessment include?

The ecological assessment will need to identify features on or adjacent to the site that may be impacted upon by the proposed development and the likely impacts that the development would have on these features. These features include:

• Protected species - these include amongst others: bats, reptiles and amphibians
• Protected sites - Sites of Importance for Nature Conservation
• Wildlife corridors
• Important habitats - UK, London and Local Biodiversity Action Plan Habitats

It is important that the assessment includes both on-site and off-site impacts; development can cause impacts beyond the boundary of a site, for example, light pollution can adversely impact on the ecology of an adjacent watercourse.

Applicants are advised to seek pre-application advice from the council if advice on the scope of the ecological assessment is required.

Survey standards

Surveys should be carried-out by appropriately qualified ecologists with experience of undertaking the survey required. Surveys should be up-to-date and follow a recognised methodology.

It should be noted that surveys can be weather and season dependant and this seasonality should be factored into project timescales. For this reason applicants are advised to determine the need-for and scope-of ecological assessments at the outset of a project.

Surveys should determine the full ecological impact, particularly where protected species are concerned. The council will not be able to determine a planning application until this information has been provided.

The surveyor should be a member of an appropriate professional institute such as the Institute for Ecology and Environmental Management and in some cases, particularly where European Protected Species are being surveyed, they may need to hold a survey licence.

Baseline surveys

The first stage in an ecological assessment is a baseline survey. Surveys should follow a recognised methodology, such as an Extended Phase 1 habitat survey, and should describe the habitats on the site and their potential to support protected or priority species. In most cases an up-to-date ecological records search should be undertaken to inform the report, these can be acquired through Greenspace Information for Greater London.

Protected species surveys

If the site has habitats suitable for protected species, further surveys will normally need to be carried-out. These will need to determine the full impact of the proposed development on the species concerned. If inadequate survey information has been provided the council may not be able to register the application.

Surveys will need to be undertaken to an appropriate standard by an appropriately qualified practitioner (see above). In most cases surveys will need to be undertaken using nationally recognised survey guidelines/methods, where available. Further information on appropriate survey methods can be obtained from the Institute for Ecology and Environmental Management.

Demolition works

Developments involving the demolition of buildings will normally need to include:

• the results of an up to date bat survey or;
• photos of the property and a description of the building stating why one is not required

Bat surveys are normally undertaken in two stages, the first, a building inspection, can be carried-out at any time of year. The second, emergence and or dawn bat detector surveys need to be carried-out during the bat active season, which is May till August.

Significant delays to an application can occur if bat surveys are not undertaken with applicants having to await the results of a summer bat survey before submitting an application. Applicants are therefore advised to seek expert advice at the very early stages where a development involves the demolition of buildings.

Biodiversity Enhancements

Wherever practicable, developments should enhance, restore or add to biodiversity. Development should aim to incorporate ecological enhancements such as swift boxes and bricks on tall buildings, and brown and green roofs. Native and wildlife friendly landscaping should be used wherever practicable in new development.

Applicants should provide details of proposed biodiversity enhancements, informed by expert advice, with planning applications. The council may attach planning conditions to ensure that biodiversity enhancements are implemented.

Green infrastructure

Green infrastructure is the network of green (and blue) elements in and around urban areas. This includes public and private spaces, such as parks, gardens, allotments, cemeteries, trees, green roofs and natural landscape features such as woodland, grassland and wetlands.

Green infrastructure is important for numerous reasons and new development should aim to enhance green infrastructure by providing well-designed links and stepping stones within and through the new development. On larger developments applicants may need to provide details of how the site's green infrastructure will be managed and may need to provide an ecological management plan. 

Biodiversity Action Plan targets

The emerging Enfield Biodiversity Action Plan is likely to include targets for biodiversity enhancements in new developments and applicants should refer to the Enfield Biodiversity Action Plan website (www.enfield.gov.uk/biodiversity) for guidance.

Reporting standards

Reports should be written by appropriately qualified ecologists. They should include a map of the site showing habitats and important features. They should give a brief description of the proposals and describe how ecological constrains and opportunities for enhancement have been incorporated into the scheme. They should include the results of the desk study data search where appropriate. They should set-out clearly the survey methodology and give details of the surveyor and author and relevant licences, experience and professional qualifications held.