Protected species and ecology

What is Ecology and Biodiversity

Ecology relates to how living things interact with each other and the environment. Biodiversity is about the variety of living things in earth, including plants, animals and other things that are part of the environment.

What is a protected species

Some species are protected by law, meaning it is illegal to kill, injure or capture them. This includes animals and plants.

Why is ecology important in planning

New development can affect ecology, biodiversity and protected species by damaging habitats. As well as providing bigger and better-quality habitats through Biodiversity Net Gain (BNG) , planning applications have to meet policy requirements on protected species. It is important that developments avoid harm or disturbance to protected species. Natural England has guidance on how to prepare a planning proposal to avoid harm. (opens new window)

Before you apply for planning permission

Where a proposed development is within or is likely to affect a European designated site (opens new window), a priority habitat (opens new window), or a protected species (opens new window) an initial scoping survey will be required. This is often called a Preliminary Ecological Assessment (PEA), or an extended phase 1 survey.

Where protected species or priority habitats are found, phase 1 surveys will usually make recommendations for more in depth phase 2 surveys. These should be carried out before a planning application is submitted.

Without these ecological surveys the authority is unlikely to have sufficient information to determine an application.

Where a survey is necessary, it should be carried out before you submit your planning application to avoid delays in the application process.
If protected or priority species or habitats are found to be present, the authority must be satisfied that any detrimental effects can be avoided, mitigated or compensated for before planning permission can be granted.

The Council has a legal duty to consider the conservation of biodiversity within the District, this is of significance when considering the impact of both major and minor developments.

There are a number of relevant pieces of legislation and policies including:

National Planning Policy Framework - Wildlife is a material consideration when considering a planning application as set out in NPPF paragraphs 180-188 (December 2023 edition).
Chichester Local Plan 2014-2029 - Policy 49 Biodiversity details that before planning permission will be granted the applicant will need to demonstrate that certain criteria are met to ensure the biodiversity value of the site is safeguarded and demonstrable harm to habitats and species which are protected is avoided or mitigated.
Chichester proposed Submission Local Plan 2021-2039 - this contains polices that will have increasing weight in the development management process as this new Local Plan moves through examination and toward adoption. These include: NE4 Strategic Wildlife Corridors, NE5 Biodiversity and Biodiversity Net Gain, NE6 Chichester's Internationally and Nationally Designated Habitats, NE7 Development and Disturbance of Birds in Chichester and Langstone Harbours, Pagham Harbour, Solent and Dorset Coast Special Protection Areas and Medmerry Compensatory Habitat, and NE8 Trees Hedgerows and Woodlands.
Wildlife and Countryside Act 1981 (as amended) - In the UK it is an offence to deliberately capture, kill or disturb most protected species, or to destroy their resting places or breeding sites.
Conservation of Habitat and Species Regulations (2017) - Legislation which provides protection to designated sites and species and provides the highest level of ecological protection within the UK.

Advice can be provided by the Council on matters relating to ecology and protected species through our pre-application advice service. Please note that for pre-application advice from Natural England you will need to use their Discretionary Advice Service (opens new window).

Protected Species Survey Checklist

To determine whether or not an application is likely to impact on protected species, applicants should review and complete the Protected species survey checklist (PDF, 105 KB) If this identifies that a species survey is needed, then an adequate survey and assessment should be carried out and submitted with the planning application.

When a survey is required

The survey requirements apply to:

full, outline and reserve matters planning applications
listed buildings consent
residential and non-residential (commercial) applications
householder applications involving the demolition or conversion of agricultural or derelict buildings in a rural setting, or where there is a significant likelihood of a protected species being impacted.

Ecological survey and assessment guidance

If an Ecological Survey and Assessment is required, it should be carried out before you submit your application to avoid delays in the application process.

Surveys should be undertaken and prepared by a suitably qualified ecologist with suitable experience and membership to the Institute of Ecology and Environmental Management. The surveys must be carried out at the right time of year, using methods that are appropriate for the species and the area. Details of when to survey (opens new window) has been produced by Natural England.

Surveys should be up to date and ideally from the most recent survey season (this can vary depending on the species). A survey will need to include:

A detailed methodology.
An ecological data search from the Sussex Biodiversity Record Centre which then informs the survey's scope.
Any species present on site recorded and their numbers identified (may be approximate).
Map of the species distribution and use of the area and site, structure or feature within the area surveyed (e.g. feeding, shelter, breeding).
Record any uncertainties and limitations that might affect survey results.
Identify any further surveys required, and undertake these.
Where required provide mitigation measures to ensure protected species are not harmed due to the proposed works.

We can refuse planning applications or ask for a survey to be redone if:

The methodology or ecological experience of the surveyor isn't suitable;
It is carried out at the wrong time of year;
There is not enough information to assess the effect on protected species;
The surveys are over 3 years old, or;
Mitigation is not suitable and sufficient.

If protected species are present, then the Assessment must identify and describe any potential impacts from the development likely to harm the protected species and/or their habitats identified by the survey (these should include both direct and indirect effects both during and after construction). Where harm is likely, evidence must be submitted to show:

How alternative designs or locations have been considered;
How adverse effects will be avoided wherever possible;
How unavoidable impacts will be mitigated or reduced;
How impacts that cannot be avoided or mitigated will be compensated for (i.e. by new habitats being created).
When it isn't possible to avoid affecting species an applicant must include a mitigation strategy to remove and reduce the negative effects of the proposal and identity what risk reduction measures will be undertaken. Mitigation must be effective against the predicted impact of the proposed development on a protected species.

If the development proposal is likely to have a negative effect on European protected species, a Natural England Protected Species Licence will also need to be granted for the works. More information about when you need to apply for a licence (opens new window) is provided by Natural England.