Ecological Assessments for Planning Steve Plumb – Director Plumb Associates

What are we covering? An overview of the protected species and habitats we are most likely to be dealing with –What are the issues for planning? What assessments we need to inform decision Mitigation, biodiversity offsetting and net biodiversity gain Different requirements for strategic planning and development management

What do you see?

Important wildlife is not necessarily where you would expect it to be!

Habitat designations International Designations Special Protection Areas, Ramsars, Special Areas of Conservation National Statutory Designations Sites of Special Scientific Interest, National Nature Reserves, Local Nature Reserves Non-Statutory Local Wildlife Sites

What are the main protected species? ‘European protected species’ Protected under the Wildlife and Countryside Act 1981 The Conservation of Species and Habitat Regulations 2010 – this makes it an offence to damage or destroy the roosts/nests and foraging areas of the species protected The species covered are All species of Bats Dormouse Otter Great Crested Newt (Smooth Snake, Sand Lizard and Natterjack Toad are not present in East Anglia)

What are the main protected species? Wildlife and Countryside Act 1981 – makes it an offence to kill or injure any animal on the Schedule. These include: The four main reptile species (adder, common lizard, grass snake and slow-worm) Water vole White-clawed crayfish Nesting birds – all species are protected when nesting – nesting season is not fixed Some plant species – e.g. Broadleaved Cudweed and Least Lettuce Protection of Badgers Act 1992 – protects badgers and their setts. Animal welfare legislation and not due to the rarity of the species

Habitats and species of principal importance in England Section 41 of the Natural Environment and Rural Communities Act 2006 includes species and habitats considered to be of special significance in England. 56 habitats and 943 species Planners and others should have regard to these in order to implement their duties under S40 of the Act Open Mosaic Habitat on Previously Developed Land is included on the list Not full legal protection but their listing makes them a material consideration in planning These correspond closely with the UK BAP (Biodiversity Action Plan) species and habitats which have been ‘archived’

Examples of rare invertebrates in Essex Distinguished jumping spider Hornet Robber-fly Brown-banded Carder Bee

NPPF - 11. Conserving and enhancing the natural environment 109. The planning system should contribute to and enhance the natural and local environment by: protecting and enhancing valued landscapes, geological conservation interests and soils; recognising the wider benefits of ecosystem services; minimising impacts on biodiversity and providing net gains in biodiversity where possible, contributing to the Government’s commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures; preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of soil, air, water or noise pollution or land instability; and remediating and mitigating despoiled, degraded, derelict, contaminated and unstable land, where appropriate.

118. When determining planning applications, local planning authorities should aim to conserve and enhance biodiversity by applying the following principles: if significant harm resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for, then planning permission should be refused; proposed development on land within or outside a Site of Special Scientific Interest likely to have an adverse effect on a Site of Special Scientific Interest (either individually or in combination with other developments) should not normally be permitted. Where an adverse effect on the site’s notified special interest features is likely, an exception should only be made where the benefits of the development, at this site, clearly outweigh both the impacts that it is likely to have on the features of the site that make it of special scientific interest and any broader impacts on the national network of Sites of Special Scientific Interest; development proposals where the primary objective is to conserve or enhance biodiversity should be permitted; opportunities to incorporate biodiversity in and around developments should be encouraged; planning permission should be refused for development resulting in the loss or deterioration of irreplaceable habitats, including ancient woodland and the loss of aged or veteran trees found outside ancient woodland, unless the need for, and benefits of, the development in that location clearly outweigh the loss; and the following wildlife sites should be given the same protection as European sites: –– potential Special Protection Areas and possible Special Areas of Conservation; –– sites identified, or required, as compensatory measures for adverse effects on European sites, potential Special Protection Areas, possible Special Areas of Conservation, and listed or proposed Ramsar sites.

Establishing ecological value Preliminary Ecological Assessments – the basic level of survey. It should be used to identify existing value and potential value for protected species. It should recommend what further surveys are required. These can be carried out at any time of year by an experienced ecologist although it is best done in the spring/summer Phase 1 surveys/Extended Phase 1 surveys Protected species surveys. Normally an individual report will deal with a single survey/group due to the specialist knowledge required. These must be undertaken at the appropriate time of year and in the correct weather/time of day etc depending on the species. Ecological Impact Assessments – Can be part of an ES or a standalone assessment. It is the process of identifying, quantifying and evaluating potential effects of development-related or other proposed actions on habitats, species and ecosystems Habitat Regulations Assessments – these relate to SPAs, SACs and Ramsar sites. Project and plan assessments relate to strategic planning and development management respectively. Seeks to determine if a development will have ‘Likely Significant Effects’. The LPA will have to undertake an Appropriate Assessment to demonstrate how it has determined this.

Mitigation options Prevent damage or loss – some habitats are deemed irreplaceable or are considered to be of intrinsic value – e.g. ancient woodland and veteran trees and therefore their loss should be avoided if at all possible On –site mitigation – improving areas of existing habitat, creating new habitat, green or brown roofs, bird and bat boxes Off-site mitigation (e.g. translocation of species), compensation/biodiversity offsetting –habitat creation What mitigation is required can only be determined by proper ecological assessment

Further advice Essex County Council’s Biodiversity Validation Checklist has been designed to be used for Major Projects

Take opportunities to achieve biodiversity gains Landscape-scale ecology Nature Improvement Areas Ecosystem Services Sustainable Urban Drainage Schemes Green Infrastructure BREEAM Biodiversity Action Plans (where still used) Chelmsford Biodiversity Forum