Ecology local planning requirements

A precautionary approach should be taken to establish whether any particular development is likely to have a significant effect on ecology (wildlife and their habitats). 

If a development has a significant local ecological impact, you will be required to submit an ecological survey and assessment.

In addition to the following local validation requirements, a mandatory requirement for 10% Biodiversity Net Gain (BNG) is now in force. This introduced additional national information requirements. You can find more information about the statutory framework for biodiversity net gain, including the types of development which are exempt, at GOV.UK: Biodiversity net gain.

 

The situations where ecology is likely to be affected by development generally (but not exclusively) includes:

  1. Internationally, nationally and locally designated statutory sites;
  2. European and nationally protected species
  3. Non-statutory designated sites e.g. Local Wildlife Sites (formerly known as Areas of Natural History Interest)
  4. Habitats and Species of Principal Importance (listed under S41 of the Natural Environment and Rural Communities Act 2006)
  5. Significant populations of national or locally threatened species (‘Red List’ species defined by IUCN or locally)
  6. Ancient woodland

Developments that affect sites of national or international environmental importance or give rise to complex environmental impacts are likely to require an Environmental Statement under the Environmental Impact Regulations.

Protected species in Sheffield

The protected species that are common to this area are identified in the Wildlife and Countryside Act, 1981 and The Conservation of Habitats and Species Regulations 2017, which includes schedules of European protected species of animals and plants. Specific legislation for protecting badgers is provided by the Badgers Act, 1992. Should you be in doubt you should seek expert advice.

The protected species most affected by developments in Sheffield include (but not exclusively): badgers; bats; great crested newts; water voles; white clawed crayfish, otters and nesting birds.

If a site has or is likely to have the habitat of any protected species or is used by protected species, a (sometimes licensable) survey from a specialist ecological consultant will be needed.

Bat Surveys

A bat survey will be required if a development proposal is likely to negatively affect bats or their:

  • roost habitats
  • foraging habitats
  • commuting habitats

A bat survey is needed if one or more of the following applies:

  • distribution and historical records suggest bats may be present
  • the development site includes buildings, other built structures or trees that provide roosting opportunities for bats
  • the proposals include flood lighting of buildings or green space close to habitats that bats tend to use
  • the proposals are close to water bodies, quarries or natural cliff faces
  • it is a wind farm proposal close to a site designated for bats or close to habitats that bats use for commuting and foraging

Further advice on how we assess planning applications when there are bats on or near a proposed development site can be found at GOV.UK: Bats

Please remember, we have a legal duty to consider whether bats are likely to be affected by a proposed development.  If bats are likely to be affected, or if a Preliminary Ecological Assessment (PEA) indicates the need for a bat survey, the survey should be submitted with the application.  If an application is validated, and an accompanying PEA recommends a bat survey but none is provided, a refusal on the grounds of insufficient information may be justified.

It is recommended that bat surveys follow the latest Bat Conservation Trust survey guidance.

Ecological interest areas in Sheffield

Ecologically designated sites are identified in the Unitary Development Plan or by contacting the Ecology Service. 

The Ecology Service should be contacted early in the planning process to ascertain the need for and scope of any ecological assessment.

Ecology information required

Ecology assessments should be carried out by appropriately qualified personnel using best practice guidance (e.g. CIEEM). An assessment could require either a full ecological survey and report or an individual species survey and report. In some cases, surveys can only be carried out at specific times of the year, which may delay submission or prevent validation of application. Surveys should be up to date and ideally from the most recent survey season (this can vary depending on the species). Surveys should be submitted with an application and not secured by condition.

Any assessment should follow a mitigation hierarchy i.e. avoid impacts, then mitigate unavoidable impacts, and, as a last resort, compensate for unavoidable residual impacts that remain after avoidance and mitigation measures, and include proposals for the long term maintenance and management of wildlife and any remaining areas of ecological value.

The Ecology Service can provide details of local experts able to carry out specialised species or habitat assessments using local knowledge. We should be alerted to any issues relating to badger setts, because the location of these will not normally be published online with other application details, due to the exceptional threats to this species.

Natural England provide standing advice for protected species and guidance in respect of wildlife and development. They can also help with the separate licensing process.

Biological records

Sheffield Biological Records Centre or other appropriate data providers (such as the Sheffield Bird Study Group, South Yorkshire Badger Group or South Yorkshire Bat Group) should be approached initially for species and habitat information to inform desk studies.

It is a requirement of Natural England’s class licenses for protected species surveys that licensees submit records collected under the terms of those licenses to the Local Records Centre.

Contact Planning Helpline

Howden House
1 Union Street
Sheffield
S1 2SH

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