Biodiversity Checklist for Householder Applications

Why Biodiversity needs to be considered in the planning process

Development can adversely affect protected species, and Local Planning Authorities (LPAs) are legally required to consider the conservation of biodiversity when validating and determining a planning application.

In accordance with paragraphs 98 and 99 of the Government Circular (2005), the presence of protected species, and the extent that they may be affected by proposed development MUST be established before planning permission is granted, otherwise all relevant material considerations may not have been considered in making the decision.

The LPA will only request ecological surveys if there is a reasonable likelihood of the species or habitat being present on, or likely to be affected by the development. This mandatory self-assessment checklist will help determine whether the proposal is likely to impact biodiversity, what information you will need to provide to support your application and how to obtain that information.

If sufficient information on ecological issues is not provided by the time the application needs to be determined, the application may be refused https://www.gov.uk/guidance/protected-species-how-to-review-planning-applications.

Many species have strict legal protection not only for the animals themselves but also their places of rest and shelter (Note 1). Legislation relates to protected species in all circumstances and planning consent for a development does not provide a defence against prosecution under these acts. It is the responsibility of the developer to ensure that protected species and habitats are not impacted as a result of development.

Guidance for completing the checklist

Please answer questions in Sections 1-3. Each section will guide you to the next section or action.

If you have not submitted an ecological report, and additional information is required, Section 4 will need to be filled in.

Appendices 1 and 2 provide details of distinct types of surveys and how to engage an ecologist.

Householder applications are exempt from the requirement to deliver the statutory minimum 10% Biodiversity Net Gain. However, local policy encourages every development to provide some level of biodiversity enhancement. If your application includes a survey report, details of enhancements should be included in this report. Enhancements for wildlife within the built environment will be sought where appropriate from all scale of development. The level of biodiversity enhancement required will be proportionate to the type, scale and impact of the development. If your application does not include a survey report, Appendix 3 provides details of how simple enhancements can be achieved.

Please note that this checklist will be reviewed by a planning support officer and/or the LPA’s biodiversity advisor, and further clarification or information may be requested either at the validation stage or during the decision-making process

If NO complete Sections 2 & 3 below

If YES complete questions 1.2 – 1.5

If No, the application WILL NOT BE VALIDATED until all relevant surveys have been completed.

If No, the application WILL NOT BE VALIDATED

If No, complete question 1.5.

If No, the application WILL NOT BE VALIDATED.

If YES to all the questions above, THE APPLICATION CAN MOVE ON TO THE VALIDATION STAGE, but it may be subject to further review

If you have answered NO to Section 2.1 MOVE ON TO SECTION 3.

If you have answered YES’ to Section 2.1 BUT A SURVEY HAS NOT BEEN PROVIDED, PLEASE COMPLETE SECTION 2.2.

Please answer ALL questions with Yes or No

If you answered ‘YES’, the following species may be impacted, and survey/s may be required that consider the species that are likely to be affected by a particular activity: Bats and Bat Roosts.

If you answered ‘YES’, the following species may be impacted, and survey/s may be required that consider the species that are likely to be affected by a particular activity: Bats and Bat Roosts, Barn Owls, Breeding Birds.

If you answered ‘YES’, the following species may be impacted, and survey/s may be required that consider the species that are likely to be affected by a particular activity: Bats, Barn Owls, Breeding Birds.

(visit the Ancient Tree Inventory on the Woodland Trust website)

If you answered ‘YES’, the following species may be impacted, and survey/s may be required that consider the species that are likely to be affected by a particular activity: Bats and Bat Roosts, Nesting Birds, Other Notable Species

If you answered ‘YES’, the following species may be impacted, and survey/s may be required that consider the species that are likely to be affected by a particular activity: Bats – Foraging Habitat, Otters, Water Voles, White-Clawed Crayfish, Nesting Birds, Other Notable Species

If you answered ‘YES’, the following species may be impacted, and survey/s may be required that consider the species that are likely to be affected by a particular activity: Amphibians: Particularly Great Crested Newts

If you answered ‘YES’, the following species may be impacted, and survey/s may be required that consider the species that are likely to be affected by a particular activity: Bats – Foraging Habitat, Dormice, Nesting Birds, Badgers, Reptiles, Other Notable Species

If you answered ‘YES’, the following species may be impacted, and survey/s may be required that consider the species that are likely to be affected by a particular activity: Bats, Barn Owls, Breeding Birds, Badgers, Otters, Hedgehogs

If you have answered NO to all of questions in Sections 2 & 3 the application CAN MOVE ON TO THE VALIDATION STAGE, but it may be subject to further review.

If you have answered YES to any of the questions in Section 3 and have NOT SUBMITTED A SURVEY, MOVE ON TO SECTION 4

Once Section 4 above has been completed the application can move on to the validation stage but will be subject to review before the application can be validated – remember to submit supporting evidence.

If this section is not filled in the application will not be validated until sufficient information is provided.

Guidance for Photographs

Please ensure that all photos are labelled, dated and are of sufficient quality to allow zooming in to examine relevant features at close-range.

Photographs of buildings: Submitted photos of existing buildings must be annotated with the correct elevations. To assess whether buildings are likely to contain bat roosts or are used by nesting birds, please submit external photographs of the whole building, with particular attention to features listed in Section 3.1. Internal photos are also required of any roof voids or cellars to aid in entry point identification. The Bat Conservation Trust’s ‘Bats in Buildings Guidance’ shows structures that are likely to offer bat roosting and bird nesting potential. Read the Bats and Buildings Brochure.

External and internal roof void pictures of chimneys should be provided if the proposal involves cutting into the roof or the removal of a chimney.

Bats can also use sheds and outhouses for occasional roosts and night roosts. Similarly, birds frequently nest in outbuildings. External and internal photographs of these types of structures should also be provided if they will be impacted by development.

Photographs of gardens: Please provide photographs of the footprint area of the development and of the wider garden to provide context. These should include any ponds present on-site and of sufficient quality to estimate habitat suitability for amphibians. Photographs of any areas that will be used as a builder’s compound, or as a store for building materials during development, should also be provided.

If your answers to the questions in Sections 2 and/or 3 identify that your project is likely to have an adverse impact on designated sites, species or habitats, or the necessity for a survey has been confirmed after submission of additional information (provided in Section 4), then you will be required to submit a suitable survey report. Preliminary surveys are not usually suitable for submission with a planning application unless no additional surveys are required no significant impacts would arise and no mitigation is necessary (other than precautionary working methods).

Surveys and survey reports MUST follow nationally recognised guidelines and best practice where available and as appropriate. These include the Chartered Institute of Ecology and Environmental Management: Guidelines for Ecological Report Writing, Guidelines for Preliminary Ecological Appraisal (GPEA) and the Bat Conservation Trust: Guidance for professionals.

Due to the small scope and scale of householder application development, wider impacts can often be avoided through the application of careful working methods and reasonable avoidance measures. However, the potential for any impact mitigation must be assessed by an ecologist after an initial site visit.

Type of surveys

-            The most commonly impacted protected species by householder applications are usually bats. The initial Preliminary (Bat) Roost Assessment (PRA) survey is a daytime inspection that can be carried out throughout the year. PRAs look for evidence of bats and assess the roosting potential for each species. If bats are found, or the building has potential as a roost site, further surveys are required.

-            Bat emergence/roost characterisation surveys should be conducted in the optimal survey season between May and September (inclusive), with at least 1 or 2 (depending on roosting potential) surveys between May and August (the optimal survey period). If cellars or similar structures that are suitable for bats will be impacted by proposals, additional winter hibernation surveys will be needed. Chartered Institute of Ecology and Environmental Management (CIEEM) provides a guide containing more information, at: Guidance: What to Expect From a Bat Survey 

-            If the proposal might impact a designated site, local wildlife site or priority habitats, a different type of survey will be required to consider the wider impacts. This will take the form of either a Preliminary Ecological Appraisal (PEA) or an Ecological Impact Assessment (EcIA). These can be carried out at any time of the year and will assess the need for any additional protected species survey work. For example, if there are any ponds within 50m of the development, an amphibian or great crested newt survey may be required. Larger more wild gardens may have potential for common reptiles, breeding birds, hedgehogs or even badger setts and necessary surveys may be appropriate.

Surveys are undertaken by an independent third party. It is the responsibility of the applicant or their agent to organise and pay for an ecological/protected species survey. The survey will need to be carried out by an ecologist who is both experienced and licenced to carry out the type of survey required. It is also important that the ecologist is experienced in writing reports that are suitable to support a planning application and are conducted in line with best practice guidelines (see Appendix 1).

The LPA are unable to recommend ecological consultants, but CIEEM provides advice on how to engage a competent ecologist on their website, and it includes a searchable registered practice directory of professional ecologists in the UK and Ireland, at: Registered Practice Directory page .

It is strongly advised that protected species and wider biodiversity are considered at the earliest possible stage in your project due to seasonal constraints to many protected species surveys that may be required to support your application. It is good practice for clients to engage with an ecologist as early as possible when planning a project so that ecology can be factored into the design, timetable and budget at an early stage. Later engagement can result in late design chances, delays and (often) additional costs.

Householder applications are exempt from the requirement to deliver the statutory minimum 10% Biodiversity Net Gain. However, local policy (SWDP 22 & SWDPR 27) requires every development to provide some level of biodiversity enhancement. Suitable biodiversity enhancements for householder developments include bat, bird, insect or hedgehog boxes or the planting of wildflowers, trees, shrubs and/or hedges that will encourage wildlife into the garden.

Guidance on how to install wildlife features and boxes is provided by the following organisations:

-            The RSPB (https://www.rspb.org.uk/)  

-            The Woodland Trust (https://www.woodlandtrust.org.uk/)

-            The Bat Conservation Trust (https://www0.bats.org.uk/) 

-            Plantura UK (https://plantura.garden/uk/)

-            The Tree Council (https://treecouncil.org.uk/)

With more specific links to these webpages listed below:

-            https://cdn.bats.org.uk/pdf/Bat-Box-Information-Pack.pdf?mtime=20181101151309 

-            https://www.bats.org.uk/our-work/buildings-planning-and-development/accommodating-bats-in-buildings 

-            https://www.bats.org.uk/our-work/buildings-planning-and-development/bat-boxes 

-            https://www.rspb.org.uk/helping-nature/what-you-can-do/activities/all-about-nest-boxes 

-            https://plantura.garden/uk/insects/helping-insects/bug-hotel 

-            https://www.woodlandtrust.org.uk/blog/2023/05/best-hedge-plants/ 

-            https://treecouncil.org.uk/wp-content/uploads/2021/11/National-Tree-Week-planting-guide.pdf 

A variety of wildlife boxes can be purchased through many different suppliers.

Biodiversity enhancement measures are NOT a validation requirement but may be considered at the determination stage.

If details of an enhancement measure have not been provided this may be secured through condition if permission is granted.

Note 1 – Relevant Legislation
Legislation relevant to householder application impacts on protected species can be found at:

The Protection of Badgers Act (1992) – https://www.legislation.gov.uk/ukpga/1992/51/contents 

The Conservation of Habitats and Species Regulations (2017) – https://www.legislation.gov.uk/uksi/2017/1012/contents 

The Wildlife and Countryside Act (1981) – https://www.legislation.gov.uk/ukpga/1981/69 

Note 2 – Protected Sites of Nature Conservation Importance
LNR – Local Nature Reserve. LNRs are sites of importance for wildlife, geology, education or public enjoyment. They are controlled by the local authority through ownership, lease or agreement with owners. Further information can be found at: https://www.worcswildlifetrust.co.uk/nature-reserves 

NNR – National Nature Reserve. NNRs are designated under section 35 of the Wildlife and Countryside Act (1981). They are owned by or managed through agreements with Natural England. Further information can be found at: https://www.gov.uk/government/collections/national-nature-reserves-in-england 

SSSI – Site of Special Scientific Interest. These are designated and protected under UK law. A data search can be done at: https://designatedsites.naturalengland.org.uk/ 

SSSI’s IRZ – Site of Special Scientific Interest’s Impact Risk Zones. IRZs are a Geographical Information System (GIS) tool developed by Natural England to make a rapid initial assessment of the potential risks to terrestrial SSSIs posed by development proposals. They define zones around each SSSI which reflect the particular sensitivities of the features for which the site is notified and indicate the types of development proposal which could potentially have adverse impacts and need further consideration. Further information can be found at: https://environment.data.gov.uk/api/file/download?fileDataSetId=59186901-6045-490f-bdf1-6de06fda8ad4&fileName=SSSI%20IRZ%20User%20Guidance%20v5.3%2021May24.pdf and  https://naturalengland-defra.opendata.arcgis.com/datasets/Defra::sssi-impact-risk-zones-england/about 

SACs – Special Areas of Conservation – and SPAs – Special Protection Areas – are designated and protected under EU law. SACs and SPAs will also be designated as SSSIs. Further information can be found at: https://jncc.gov.uk/our-work/uk-protected-areas/ 

You can find out if your application site is on or near any of these sites from www.magic.gov.uk

Note 3 – Protected and Notable Species
Notable species include:

-            Those protected under European legislation and the Wildlife and Countryside Act, 1981 (as amended).

-            Species protected under the Conservation of Habitats and Species Regulations (2017).

-            Species listed under Section 41 of the Natural & Environmental and Rural Communities (NERC) Act, 2006 – priority species.

-            Species listed on the IUCN Red List of Threatened Species.

-            Species listed on the Birds of Conservation Concern Red list.

-            Species listed as being nationally, county, or vice-county rare or scarce.

Under Section 41 of the NERC Act, a priority species is one that has been identified as being at risk (i.e. they are rare or in decline) or important for certain key species of plant or animal; previously referred to as UK 

Biodiversity Action Plan (UK BAP) species, they are now known as “Species of Principal Importance for Biodiversity Conservation” as listed at: https://jncc.gov.uk/our-work/uk-bap-priority-species/#uk-bap-priority-species-list 

The Worcestershire Biological Records Centre (WBRC) and NBN Atlas hold the data on the known locations of all protected, notable and priority species in the county. However, it is important to consider that the absence of a record does not definitively mean that the species is absent from an area – it is entirely dependent on recording effort.

Note 4 – The Mitigation Hierarchy
1.        Avoidance – measures taken to avoid impacts

2.        Mitigation – measures taken to which make unavoidable impacts less severe.

3.       Compensation – measures which counterbalance remaining impacts result in an overall no net loss of biodiversity – this should be the last resort.