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Wildlife and Geology Trigger Table

• In order to know whether a Wildlife and / or Geology Report should be included with the planning application the applicant must fill in the Wildlife and Geology Trigger Table. If pre-ap discussions take place this can be discussed at this stage.
• The Trigger Table aims to identify applications which may impact on species and habitats protected through legislation and policy. The Trigger Table must be filled in and included with the application in order to show that the applicant has considered the triggers.
• The Trigger list will never be perfect and there will always be some subjectivity involved. It aims however to bring some consistency into the process and capture the majority of situations where expert input from a consultant is required.

Wildlife Report – Checklist and Conservation Action Statement

• If a Wildlife Report is triggered the applicant must employ a competent consultant (87KB - pdf help) to carry out a ‘walkover survey’ to identify obvious issues, impacts, avoidance / mitigation / compensation measures required and the need for further survey. It is the consultant who identifies when it is ‘reasonable’ to ask for further detailed surveys following this initial assessment – not the planner.
• The Wildlife Report should include the Wildlife Checklist. The purpose of this is to  (a) provide an immediate overview of the issues within the Wildlife Report, (b) show that where detailed surveys are needed that these have been included with the application, (c) show that the consultant has considered protected and priority species and habitats, and (d) provide a reminder to the consultant of species and designations that need considering.
• All required actions relating to avoidance / mitigation / compensation and enhancement should be clearly set out within a Conservation Action Statement. It is Important that this is a statement of action rather than lots of alternative recommendations!   Implementation of the actions in this Statement can be a condition of the permission (if granted). This Statement can also be pulled out of the report to be used as a stand alone monitoring document if required.
• It may be appropriate to request a statement from the ecological consultant confirming that the actions have been carried out as required, before discharging the condition.
• Important! – it is essential that the presence of protected and priority species and habitats, and the extent to which 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 (ODPM circular, 2005). SURVEYS MUST NOT BE CONDITIONED.
• Important! – All LPAs should be looking for enhancement of wildlife through the planning process in order to meet the NERC conservation duty and to be in line with PPS9 (see links below for more information).
• Important! – If there is a potential impact on a European Wildlife Site the LPA, as a competent authority, must carry out a Habitat Regulations Assessment in consultation with Natural England. This MUST be done prior to determination.
• Important! – If a European Protected Species licence is required from Natural England the LPA MUST consider whether the licence will be granted BEFORE determining the application. In doing this the LPA must show that the three tests (set out in Regulation 53 of the Habitats Regulations) have been considered. If the tests are not met planning permission should not be granted. Further information can be found in the FAQ section of NE’s Standing Advice.

The three Habitats Regulations Tests

• The consented operation must be for “preserving public health or public safety or other imperative reasons of overriding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment”; and
• There must be “no satisfactory alternative”; and
• The action authorised “will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range.

The interactive bat protocol (see links section) provides useful advice for dealing with European Protected Species – including information on the THREE TESTS that must be considered if an offence is committed.