• Planning guidance: England
• Wildlife law and policy
  • International Conventions and Directives
  • European Community Directives
  • National Law and Regulations
  • Planning Legislation
  • Animal Welfare Legislation
• Recent developments: legislation & policy
  • Current progress: England
  • The TEEB Report
  • Legislation: planning
  • Environmental liabilities: Wales
  • Environmental liabilities: England
  • European Protected Species Licences: England
  • Habitat Regulations
  • Wildlife and Countryside Act
  • Marine and Coastal Access Act
  • Biodiversity Duty under NERC
• Planning guidance: England
• Planning guidance: Wales
• Case law
  • Morge case
  • Woolley ruling
  • Dilly Lane
  • Cornwall ruling
• Regional & local planning policy
• Biodiversity enhancement
• Protected sites and development
• Protected species and development
• Licensing
• Biodiversity action plans
• Ecological surveys
  • Habitat survey
  • Species surveys
• Mitigation and enhancement

Planning guidance: England

With the raft of new planning policy and guidance relating to biodiversity that has appeared in the last few years, it is clear that the UK Government is very serious about biodiversity issues.  Therefore, the importance of considering biodiversity on development sites at an early stage should not be underestimated.

The following guidance is covered:

• Planning Policy Statement 9 (PPS9)
• Government Circular
• Guide to Good Practice
• Working with the Grain of Nature
• PAS 2010:2006
• Natural England’s Standing Advice

Planning Policy Statement 9 (PPS9)

Planning Policy Statements (PPS) set out the Government’s national policies on different aspects of planning in England.  PPS9 sets out planning policies on protection of biodiversity and geological conservation through the planning system. The key principles of PPS9 are shown below.

Planning Policy 9: Key Principles

Development plan policies and planning decisions should be based upon up-to-date information about the environmental characteristics of their areas.  These characteristics should include the relevant biodiversity and geological resources of the area.  In reviewing environmental characteristics local authorities should assess the potential to sustain and enhance those resources.

• Plan policies and planning decisions should aim to maintain, and enhance, restore or add to biodiversity and geological conservation interests.  In taking decisions, local planning authorities should ensure that appropriate weight is attached to: designated sites of international, national and local importance; protected species; and to biodiversity and geological interests within the wider environment.
• Plan policies on the form and location of development should take a strategic approach to the conservation, enhancement and restoration of biodiversity and geology, and recognise the contributions that sites, areas and features, both individually and in combination, make to conserving these resources.
• Plan policies should promote opportunities for the incorporation of beneficial biodiversity and geological features within the design of development.
• Development proposals where the principal objective is to conserve or enhance biodiversity and geological conservation interests should be permitted.

The aim of planning decisions should be to prevent harm to biodiversity and geological conservation interests.  Where planning permission would result in significant harm to those interests, local planning authorities will need to be satisfied that the development cannot reasonably be located on any alternative sites that would result in less or no harm.  In the absence of any such alternatives, local planning authorities should ensure that, before planning permission is granted, adequate mitigation measures are put in place.  Where a planning decision would result in significant harm to biodiversity and geological interests that cannot be prevented or adequately mitigated against, appropriate compensation measures should be sought.  If that significant harm cannot be prevented, adequately mitigated against, or compensated for, then planning permission should be refused.

Planning Policy Statement 9: Biodiversity and Geological Conservation (2005), ODPM.

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Government Circular

To accompany PPS9, the Government produced a circular entitled ‘Biodiversity and Geological Conservation – Statutory obligations and their impact within the planning system’.  This provides guidance on the application of the law relating to planning and nature conservation in England.  Although some of the information contained in the circular is now out of date, it provides details on the implications of internationally designated sites, habitats and species outside of designated sites and protected species, much of which is also summarised in this booklet.

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Guide to Good Practice

Also accompanying PPS9 is a good practice guide entitled ‘Planning for Biodiversity and Geological Conservation: A Guide to Good Practice’ which provides guidance for local planning authorities on the implementation of PPS9.  The good practice guide includes the following messages:

• the onus is on the developer to provide enough information with the planning application to enable the planning authority to assess the impacts of the development on biodiversity and geological conservation
• pre-application negotiation on the scope of information can ensure that adequate information is submitted and avoid delays
• ecological surveys may be necessary in advance of the planning application and these should be carried out by appropriately qualified ecologists, at an appropriate time of year and using recognised surveying techniques - these surveys should cover UKBAP priority species as well as protected species
• ecological surveys should not be the subject of planning conditions.
• the development proposal should show evidence that the results of any ecological surveys have been taken into account during the design process, and include appropriate mitigation or compensation.  This may negate the need for planning conditions with respect to biodiversity
• technical details of mitigation and compensation measures should be set out in a separate method statement, with a planning condition or section 106 agreement requiring the mitigation or compensation to be implemented
• planning authorities should firstly seek to avoid direct harm to biodiversity by, for example, conserving natural habitats in situ, but where detrimental impacts can not be avoided they should be reduced to the minimum possible - compensation to offset losses should be a final option, when all mitigation possibilities have been exhausted
• the aim should be for a net gain in biological and geological resources as part of the development proposal.
• the guidelines provided by the Institute of Ecology and Environmental Management should be followed for the ecological components of formal Environmental Impact Assessments.

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Working with the Grain of Nature

‘Working with the Grain of Nature: a Biodiversity Strategy for England’ was published by Defra in 2002.  This is a wide ranging strategy which aims, amongst other things, to ensure that construction, planning, development and regeneration have minimal adverse impacts on biodiversity and to enhance it where possible.

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PAS 2010:2006

In addition, BSI British Standards has produced a Publicly Available Specification (PAS 2010:2006) entitled ‘Planning to halt the loss of biodiversity’.  The document sets out how local planning authorities can meet their obligation to have regard for the conservation of biodiversity (under the NERC Act 2006) and contribute towards the UK Government’s commitment to halt the loss of biodiversity by 2010.  It includes guidance on how biodiversity should be treated in planning applications.  Key points for developers are that:

• biodiversity is a material consideration for all types of planning application;
• the pre-application stage should be used to determine the information on biodiversity that should be submitted with the planning application;
• any biodiversity surveys and measures designed to avoid, mitigate or compensate for potential adverse effects, along with proposals for enhancement, should be included in the planning application;
• the planning authority should refuse planning permission when the applicant cannot or will not provide information on biodiversity, if significant adverse effects are possible and the benefits of the development do not clearly outweigh the harm.

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Natural England’s Standing Advice

Natural England has adopted national Standing Advice for local authorities in respect of protected species. Standing Advice is generic guidance designed to avoid the need to consult with Natural England in certain, frequently occurring situations. The Standing Advice is a material consideration in the determination of applications in the same way as a letter received from Natural England following consultation.

Protected sepcies:

The Standing Advice for protected species should allow local authorities to determine in what circumstances surveys for protected species are required and gives some guidance on survey techniques and standards.  Some basic information on mitigation for protected species is also provided.

Importantly, the Standing Advice states that in circumstances when it is reasonably likely that a protected species will be affected by the development, the application should not be validated by the local planning authority until species survey reports have been received.  The advice goes on to state: "Where a scoping report recommends further surveys need to be conducted, Natural England recommends that the application should not be validated until the detailed surveys have been conducted, and the results provided."

Ancient woodland: south-east England only

In addition, the Southeast team has also issued Standing Advice on ancient woodland. This advice sets out how to protect ancient woodland habitats through the planning system.

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