The JNCC, CIEEM, and Natural England publish guidance that has been developed alongside changes in policy and best practice. These methods can sometimes form part of a protected species licence application, so consistency is important. Developers engaging an ecologist to consult on and carry out the required surveys rightly expect to receive robust advice in line with statutory guidance.
However, another layer of policy exists where Local Planning Authorities (LPAs) set out the ecological survey requirements for the planning applications they receive. These expectations vary considerably between LPAs and sometimes do not match the standard national guidelines. Due to this variation there may be conflicts with the national guidance and geographical discrepancies in what surveys are required to validate a planning application. This is another aspect of planning that has become a ‘post-code lottery’.
These inconsistencies can have costly implications for developers who may commission surveys to meet LPA requirements, but then find that when external scrutiny is applied or protected species licensing is involved, additional surveys have to be done, potentially delaying the construction timetable or leading to legal challenge.
Communication between developers and LPAs is important, facilitated by a consultant ecologist, in defining the scope of works to be undertaken, and explaining what work is required and why. This will help to promote greater understanding of the differing roles and requirements of national and local guidance, and help steer a course between the two.
Baker Consultants will always recommend the most robust set of survey effort to ensure not only regulatory compliance and best practice, but also ensure that clients have a fully prepared planning application which stands up to public and legal scrutiny. The wider obligation of providing biodiversity net gain will be more easily met if the initial ecological assessments are robust.
The full article featured in CIEEM’s InPractice can be accessed by CIEEM members on its web site.
For more information on how this issue may affect your project or to request advice, please contact Carlos or another member of the team on 01629 593958 or via firstname.lastname@example.org.