1. Ecological Assessments for Planning
Steve Plumb – Director
Plumb Associates

2. 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

3. What do you see?

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

5. 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

6. 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)

7. 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

8. 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’

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

10. 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.

11. 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.

12. 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.

13. 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

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

15. 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