Planning applications

One of the most common requests we get from members of the public is for support in objecting to a planning application.

We have worked with the local authorities in Gloucestershire for many years, supporting them to improve planning policies and systems to ensure that wildlife is given adequate protection within the planning system, and that development in appropriate locations includes habitat improvements. We focus our efforts on designated wildlife sites, priority habitats and the Gloucestershire Nature Recovery Network.  Since the 2021 Environment Act, we have been working with Local Authorities and the Local Nature Partnership to establish a robust system for delivering Biodiversity Net Gain through the planning system, which is now mandatory for most sites under Schedule 7A of the Town and Country Planning Act 1990.

The authorities who deal with wildlife the best are those who have their own ecological expertise “in-house” and use the information held by the Gloucestershire Centre for Environmental Records (You might like to check if yours does!).

By the time a planning application has been submitted, the likelihood of significantly altering the proposal is limited. Because of this, we try and engage developers at the design stage before applications are submitted. This is especially the case for larger, strategic development sites where high-quality green infrastructure across the site can have a huge overall impact to biodiversity and opportunities to connect people with nature. 

As above, the Trust does occasionally comment on planning applications when we feel there is a critical threat to important habitats, sites or parts of the Nature Recovery Network. We can only comment on wildlife impacts because this is our area of expertise, so we know that we will be able to defend our comments in the case of a planning appeal.
 

We cannot routinely comment on planning applications because this is a less effective use of our capacity compared to other ways of influencing development. The biggest benefits for wildlife are achieved by improving planning policy and early engagement with major developments.

Unfortunately, because of previous land use, many planning applications do not present any significant threat to wildlife. We cannot comment on other concerns, such as views and tranquillity because this is outside of our charitable purpose and expertise. 

We cannot object to development on Green Belt out of principle, because this designation is not related to wildlife and Green Belt often contains very poor wildlife habitat at present. 

We rarely comment on protected species issues because this is the duty of Natural England and Local Authorities. We will only comment where will feel that an impact on a very significant population has been overlooked.

We rarely endorse planning applications unless they are delivering truly exemplary benefits for wildlife, far beyond legal and policy requirements.

• Base your comments on biodiversity policies in the Government’s guidance to local authorities called the National Planning & Policy Framework (NPPF), which begin from paragraph 180. 
• Refer to biodiversity policies in your Local Planning Authority's Local Development Plan and Strategic Plan and Neighbourhood Development Plan, if there is one for your parish (there is more information on local planning here.)
• Ask whether the application is compliant with key wildlife legislation - The Environment Act 2021, The Conservation of Habitats and Species Regulations 2019 and the Wildlife and Countryside Act 1981 (as amended)
• Ask whether the Local Authority is fulfilling its NERC Act 2006 (as amended) duty to actively protect and enhance biodiversity through its activities. 
• Check whether the development has searched the Gloucestershire Centre for Environmental Records (GCER)
• Do not assume that development on “Greenfield” sites is always worse for wildlife. Unfortunately, because of previous land use, many “Greenfield” sites have lost any special wildlife interest and some brownfield sites can be incredibly wildlife-rich. 
• Do not focus on common species, such as rabbits, foxes and deer. People may often see common species on the land in question and understandably take pleasure in this. However, this alone will not warrant a refusal by the local planning authority. 
• Send a copy of your response to your local district councillor and parish or ward council, so that they are aware of your views. 

Yes, if you report them early! Local people may be aware of important species on an application site for which there are no records held by GCER. As developers and some local authorities go to GCER for wildlife records, it is extremely important that any records you may have for a proposed or likely development site are lodged with GCER as early as possible. You can report a sighting here.

If you are considering using wildlife as a justification to object to a planning application, it is worth bearing the following in mind:

1. Wildlife issues rarely stop a planning application – but they can change it.
2. Developers are required to carry out relevant surveys to support their applications, but local authorities don’t always know when to ask for them. Make sure any wildlife issues you are aware of have been adequately surveyed, as part of the application, by a suitably qualified ecologist.
3. The onus should always be put on the developer to prove that their proposal won't harm wildlife - i.e. they should employ an ecologist to do the survey and interpret the results. Unfortunately, we do not have the resource to do this for them.
4. Most planners don't have any background ecological knowledge, but local authorities do have a duty to conserve biodiversity, so they need to get it right.
5. Most professional ecologists do a good job for their clients when submitting planning applications - although there are exceptions (you could check that they have followed CIEEM guidelines or similar).

Whether you are engaged in planning a new development or creating policy guidance, you have to demonstrate that you have considered how you will protect and enhance existing green infrastructure features, and create new green infrastructure features, within the area of your development scheme or policy.

Building with Nature provides a clear set of standards and a technical user guide to help applicants to the benchmark evidence how their development or policy meets the benchmark standard for high-quality green infrastructure.

The benchmark can be used to certify a development scheme at different stages from pre-application, and through to post-construction maintenance; and can be used to certify a final publication of a policy document.

To find out more about Building with Nature, please visit the Building with Nature website.