Biodiversity Guidance Notes

This Planning Authority is working to guidelines laid down by Natural England with regards to Planning Applications and Protected Species.

For further information please refer to the following; 

• Natural England Website.
• Essex Biodoversity Project - Intergrating Biodiversity into Development

We will be using Natural England’s Flow Chart and Checklist to decide what information will be required by us on each application.

• Natural England Flow Chart 
• Natural England Application Checklist

As a result of the above assessment we may require the following information. This is intended as guidance only.   

Protected Species Scoping Survey is an initial ecological appraisal of a site identifying the presence of protected species. This should be undertaken at the very earliest stage of the development process and accompany any planning application. This enables the developer to understand any potential problems and plan for them financially and temporally. It will also supply the Local Planning Authority with all the relevant information it needs to make a planning decision.

As a guide the Protected Species Scoping Survey should identify the presence or potential presence of the following:

• 'European Protected Species' identified under Schedule 2 of the Habitat Regulations
• Nesting birds protected under Section 1 of the Wildlife and Countryside Act
• Bird species protected under Schedule 1 of the Wildlife and Countryside Act
• Species protected under Schedule 5 of the Wildlife and Countryside Act
• Badgers protected under the Protection of Badgers Act

The protected species scoping survey would include a map detailing location and habitats of protected species.

A Ecological Scoping Survey should provide to this Planning Authority the essential baseline information about a site's ecological characteristics. It should assess what the likely impacts of development will be on the ecology of the application site or  adjoining land.

As a guide this should contain;

1) Desktop study – This will involve analysis of existing ecological data and records. Note for Essex this is difficult as the County does not have a Biological Records Centre. Reliance will have to be placed on records held by local groups such as the Essex Wildlife Trust and the Essex Field Club.

2) Site survey – This will be conducted by a suitably qualified ecologist using "extended phase 1 habitat" techniques. This is a standardised system used in ecological scoping surveys for assessing, classifying and mapping habitats. This type of survey will also assess evidence of, or potential for, protected or notable species of wildlife and their habitats.

If as a result of scoping surveys protected species are found the following guidance applies: 

Reptile Surveys – survey requirements

Optimal time during April, May or September when reptiles are active. As reptiles often use objects resting on the ground to bask on or under, using refugia (squares of roofing felt or corrugated iron) is the best method of surveying. Between 5 and 10 refuges per hectare should be used and once they have been left to “bed in”, they should be checked on at least seven visits in suitable weather conditions to establish presence/absence.

Great Crested Newts – survey requirements

A survey for great crested newts may be indicated when background information on distribution suggests that they may be present. More detailed indicators are:

• Any historical records for great crested newts on the site, or in the general area.
• A pond on or near the site (within around 500m), even if it holds water only seasonally. Note that muddy, cattle-poached, heavily vegetated or shady ponds, ditches and temporary, flooded hollows can be used by great crested newts
• Sites with refuges (such as piles of logs or rubble), grassland, scrub, woodland or hedgerows within 500m of a pond

Presence/ Likely Absence Survey Effort

Ponds Method: Three survey methods (selected from netting, torch surveys, egg searches and bottle trapping) should be employed per visit Effort: 4 visits in suitable weather conditions Timing: mid-March to mid-June, with at least two of these visits during mid-April to mid-May

Terrestrial habitat Method: Pitfall-trapping with drift fence (preferably plus refuges) Effort: 60 trapping nights (NB this means 60 nights with suitable weather conditions) Timing: March – October

It is often preferable to undertake surveys of ponds rather than terrestrial habitat due to the difficulties involved in a terrestrial survey.

Mitigation Reports

Mitigation is usually the term used for the combination of mitigation (measures to limit the impact) and compensation (measures to compensate for lost habitat).

Mitigation reports should include, where necessary, timing the works or changing the design of the proposals to avoid impacts. Further mitigation for reptiles may sometimes require their translocation from the development site (or part of it) and removal to a suitable receptor site although off-site translocations should always be the last resort once all other options have been explored.

Compensation should ensure that once completed, there should be no net loss of sites, and in fact where significant impacts are predicted there will be an expectation that compensation will provide an enhanced habitat (in terms of quality or area) compared with that to be lost.