25 February 2007

Natural England has recently held a series of seminars to present proposals for important changes to EPS licensing - EPS include bats, great crested newt, otter and common dormouse (see our Checklist). These changes are radical: they wil greatly increase developers' responsibilities in that the developer will hold the licence, not the consultant as is the present case, so it will be the developer who must ensure compliance with all licence conditions. Thus developers will be in the direct firing line of the prosecuting authorities in case of a breach. Consultants will still have to be sure that the licence application and its technical support data are comprehensive and appropriate, but developers will take responsibility for implementation.

It is expected that the new arrangements will be in force as soon as spring/early summer this year, from which time new licence application forms will be issued. At the same time, it is promised that licences will be issued more speedily, but the applicant, not Natural England, will have to consult with the Local Planning Authority which means the developer can directly chase up their LPA when, as is so often the case, the planners are being bit tardy. Unfortunately, as we all know, some planning authorities can be very slow indeed as they are under-resourced and have to operate with part-time or inexperienced (or both) staff and frequently are not available during parts of what is the the normal working week for the rest of us, such as Friday afternoons.

Hopefully, the pressures that these changes will bring to bear will ultimately result in a faster and more streamlined process. That's the idea - but watch out for a bumpy ride!

Natural England has promised to issue guidelines to the new arrangements soon.