RAUK - Archived Forum - A Planning Authorities Response

Hello Everyone

I didnt know where this could go on the forum but I thought that herpers need to see a response from a planning authority in Essex to the suggestion that protected species should be surveyed before planning permission is granted (against English Natures Advice)

I refer to the application concerning the above.

'As a result of some of the representations received including your own,
Members decided to defer the application so that further survey work could
be undertaken in order to establish whether there are species on the site
that require protection or special measures to be taken.  I would be
grateful to receive your advice on what types of survey should be
undertaken, especially what species should be covered, how many visits to
the site would be required and over what period of time.  Also it would be
useful to have your advice on whether there is a specific time of year that
surveying would have to occur in order for the surveys to provide meaningful
information.

I would also be grateful for your advice as to whether you would wish to
amend your 'holding objection' to one of refusal if such surveys are not
carried out AND would be willing to provide evidence to support your
recommendation by appearing at an appeal if necessary.  If so and if Members
follow your advice, it may well be that the issue of nature
conservation/biodiversity would be the only reason for refusal of the
application.  As you may be aware if a local planning authority is found to
have acted unreasonably by refusing an application without good evidence
then an award of costs may be made against them by an appeal inspector.  You
may know that English Nature was content with the officer recommendation to
approve the application and therefore to act against that advice would
require substantial justification.  I therefore would like to receive your
advice about whether you would be willing to make a contribution to any
award of costs which may be made against the Council if it follows your
advice and refuses the application.

The matter is likely to be considered again at the next meeting of the
Development Control Committee on 13 October 2003.  I would appreciate
receiving your comments by then.'

Yes this looks like a threat that the Essex ARG may be liable for costs if the council refuses the application because the applicant havent provided the ecological information needed to determine the application.

What do other people think of this? Should Protected species be relegated to being 'dealt with' as part of the many planning conditions?

regards

I feel that there needs to be a consistent policy on Protected species and Ecological surveys for planning permissions.

Local Authorities do not always have the relevant experience on protected species especially GCN's and other European Protected species.

All protected species are a material consideration within a planning application. The presence of fully protected species (especially GCN's) should be part of the Town and Country Planning act along the same lines as Archeaological investigations and Building regs.

The Great Crested Newt Mitigaiton Guidelines I think were published to give guidence to local Authorities and all the players involved (LA, EN, other conservation bodies). Wouldnt the same exercise be a good idea for the 'widespread' reptiles. There are two documents that relate to Reptile Surveys and Mitigation the HGBI guidance and the Froglife reptile Survey Advice sheet 10 surely thera is a need for a planning document for planners regarding reptiles and their conservation?

Yet there is remarkable inconsistency between Local Authorities and even Local English Nature Teams in what they understand should be requested and when, For instance in a planning application protected species should be surveyed before planning permission is granted!!! and not 'dealt with' by a planning condition.

I use the quote of 'dealt with' as that was what an English Nature team told me about the presence of Reptiles and Amphibians within an important wildlife site. The use of translocation can be used on these species so they are not focussed on despite the use of an in situ conservation measure may help the rare 'unprotected' species. By providing habitats for conserved reptiles this habitat would be available to the other rare species on the site.

Regards

Well cats do have an dramatic effect on reptiles placed into small habitats etc. but I have found that Slowworms, Grass snakes and in some cases V lizards live in close proximity to Urban areas and with large cat populations bu tthe animals are still doing well.

Its like the argument that natural predators should be culled to protect rare species ie foxes on ground nesting birds or species should be removed ie Grass snakes from garden ponds (eating frogs) or putting up bamboo stakes to stop sparrow hawks eating sparrows and starlings on bird tables etc etc

Lizards I feel ar emost prone to cat predation yet i stil find these animals in large populations within residential areas - the key maybe down to the habitat suitability (compensates for the losses to cats and other predators)

I have recently rescued 60 slowworms and 2 grass snakes from a damaged garden area where a few houses are going to be built. At first i was told to translocate the animals but I created habitats around the edge of the site enclosed in with a reptile fence to help keep these animals on site while the new houses and gardens are built. The grass snakes are long gone (though I hope they breed in the many compost heaps in the area) The Slowworms are doing okay in their 'raised flowerbed hibernaculum', surrounding compost heaps and hedges.

There are lots of cats in this area and I am confident that the slowworms will survive here as they have over the last 30 to 40 years.

Regards

As a general response the above concerns, English Nature is well aware of the problems surrounding planning applications and the requirement for information on protected species. Last year we commissioned an investigation of this, and the resulting report - entitled "Development control, local authorities and protected species" - can be viewed here:

http://www.english-nature.org.uk/pubs/publication/PDF/479.pdf

This demonstrates that there is a wide range of approaches to protected species among planning authorities. There are some interesting (occasionally rather worrying) figures in here about how protected species issues are handled. The contract also identified some examples of good practice, as there are some LPA ecologists working very hard on these issues.

We are currently working on some high-level (not species-specific) guidance on protected species, aimed at planning authorities, which should help to iron out some of the problems. It is my intention also to provide some specific advice on reptiles, but this will have to wait until some other work areas are progressed.

Also note that PPG9 is currently being revised.

Jim