Guidance Note: Protected Species and Development Licences

A professional ecologist with suitable experience and appropriate survey licences should always be employed to carry out survey work. For development, a 'development licence' (sometimes known as a 'derogation licence'), will often be needed from Natural Resources Wales (NRW) if certain protected species will be negatively affected. Planning Policy Wales encourages pre-application discussion between the applicant, the Local Planning Authority (LPA) and NRW on developments where protected species may be affected. Full details of the European Protected Species licensing process are available from NRW's website.

In some cases, appropriate avoidance and mitigation will remove the need for a licence, as work can be managed so that it does not cause disturbance or harm. In other cases, mitigation will not remove the need for a licence, but will form part of the licence conditions, as well as being covered by planning condition(s). Mitigation work for development licences may involve a significant lead in time, for example, mitigation habitat for dormice may take several years before it is suitable.

European Protected Species: NRW issue development licences for works that may affect a European Protected Species (EPS), for example bats (all species), great crested newts, dormice, otters and sand lizards. The developer must make the application for a licence after planning permission has been granted. A Local Planning Authority Consultation Form must be filled in by the LPA and be included with the licence application. It is important to note that planning permission (or a permitted development right) does not negate the need for a development licence before work starts on site. The LPA will require a copy of the licence and method statement prior to the start of any works.

Working without a development licence could lead to a wildlife crime being committed and subsequent prosecution.

Before planning permission is granted, the LPA needs to address three tests during its decision on the application:

1. there is 'no satisfactory alternative.'
2. it is 'not detrimental to the maintenance of the populations of the species concerned at favourable conservation status in their natural range.'
3. it is 'in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment.

To enable the LPA to do this, these issues must be addressed in the Preliminary Ecological Appraisal (PEA)/Ecological Impact Assessment (EcIA) and any further protected species surveys that are submitted with the planning application. The most effective way to enable the LPA to assess the three tests is by providing a method statement, which would then go on to form part of the licence application.

Once the planning application is received, the LPA may consult NRW to make sure that the approach detailed in the ecology reports is sufficient. If planning permission is then granted, conditions will be attached ensuring that the agreed approach is followed.

UK Protected Species

NRW are also responsible for issuing development licences:

• for species protected under the Wildlife and Countryside Act 1981, (for example, water voles). 
• under the Protection of Badgers Act 1992, where it is necessary to interfere with Badgers and/or their setts in the course of development. There are some circumstances where Welsh Government issue licences under this Act.

The consideration and granting of such licences are separate from the process of applying for planning permission, but LPAs must take account of the legislation throughout the development management process.

For more information on protected species and the planning system, see Technical Advice Note (TAN) 5 (Section 6 and Annex 7).