12 August 2007

There is no doubt that there has been a big increase in demands for ecological surveys from Local Planning Authorities, in England especially, over recent months - for protected species generally and bats in particular. The reason seems to be that LPAs have taken to heart what the Institutes and many Planning Consultants and other professionals have been saying for some time.

As we have reported previously in our news, LPAs have clear environmental responsibilities, including a legal duty to have regard to biodiversity. They have to ensure that matters (material considerations) concerning legally protected species, especially European Protected Species such as bats, great crested newts and many birds, are dealt with before planning consent is issued.

In this context, it is worth reminding ourselves of Government Circular 06/2005 which states,
"It is essential that the presence or otherwise of protected species, and the extent that they may be affected by the proposed development, is established before the planning permission is granted, otherwise all relevant material considerations may not have been addressed in making the decision. The need to ensure ecological surveys are carried out should therefore only be left to coverage under planning conditions in exceptional circumstances, with the result that the surveys are carried out after planning permission has been granted. However, bearing in mind the delay and cost that may be involved, developers should not be required to undertake surveys for protected species unless there is a reasonable likelihood of the species being present and affected by the development. Where this is the case, the survey should be completed and any necessary measures to protect the species should be in place, through conditions and/or planning obligations, before the permission is granted. In appropriate circumstances the permission may also impose a condition preventing the development from proceeding without the prior acquisition of a licence under the procedure set out [later in the Circular]."

The third sentence is pertinent - particularly for bats and the several other widespread but nonetheless legally protected species that may occur on almost any application site (please email us if you would like a free list) - there will be few sites where protected species can be said to be absent beyond reasonable doubt without having completed a survey.

Moreover, regarding bats, the Bat Conservation Trust has just issued new, even stricter survey guidelines, endorsed by the Instutute of Ecology and Environmental Management, which are being adopted by the profession. (They can be downloaded from the BCT web site.) Because Bat surveys can be lengthy and costly, it really does pay to appoint a firm with a knowledgeable, experienced and licensed Science Team.

Sadly, too few applicants realise just how long it can take to do surveys, and sort out the issues and any mitigation, leaving things until the last moment and then suffering inevitable frustration, delays and costs. You cannot survey for all species in all seasons because they may be hibernating, absent through migration, be too sensitive to disturbance whilst breeding, or whatever. Also, if a licence is required, it can take six weeks at least to get it - and then delays in implementation may occur.

As usual in life, the answer is to plan well ahead - contact us at the beginning of the planning process, not at the end!