Important changes to planning applications affecting biodiversity & geological conservation
From October 2007, the Government is introducing a new Standard Application Form for all types of planning applications and consents. For the first time, the new forms will include questions about designated sites, protected species and features of geological importance on, adjacent or near development sites which must be provided in order for the application to be valid. The use of these forms will become mandatory from April 2008.
Guidance is available to applicants to help them provide the necessary information and can be downloaded from the Planning Portal web-site http://www.planningportal.gov.uk/england/government/en/1115314127749.html.
The standard questions ask applicants to confirm if there is a reasonable likelihood of ‘Protected and Priority Species’, ‘Designated Sites, Important Habitats or Other Biodiversity Features’ and ‘Features of Geological Conservation Importance’ being adversely affected, conserved or enhanced. Applicants are also asked to consider how:
- alternative designs or locations have been considered;
- adverse effects will be avoided wherever possible;
- unavoidable impacts will be mitigated or reduced; and
- impacts that cannot be avoided or mitigated will be compensated.
In order to answer these questions effectively, there is an assumption that applicants will have commissioned a desk study and/or ecological survey work and that the results of such studies would be submitted in support of any planning application or consent. Guidance to applicants advises that the requirements are discussed with the local planning authority, as they may also produce their own ‘Local Requirements’ in addition to the standard national requirements.
The Association of Local Government Ecologists (ALGE) is producing detailed guidance to assist local planning authorities devise their ‘Local Requirements’. To obtain a copy of the current draft see www.alge.org.uk.
In practice, these changes will make it even more important to seek the early involvement of an appropriately qualified ecologist, even at outline planning stage, as failure to provide the appropriate information in sufficient detail could result in a planning application being invalidated.
Further reading:-
DCLG (2007) The Validation of Planning Applications: Best Practice Guidance for Local Planning Authorities