What is Section 28 permission ?

Section 28 is the way in which Natural England offer permission for acts that might potentially damage SSSIs.  It refers to the 1981 Countryside & Wildlife Act, which was amended by the Countryside Rights of Way Act 2000 and the Natural Environment and Rural Communities Act 2006.  It applies to individual landowners as well as public bodies such as Secretary of State, government departments and agencies, local authorities and statutory undertakers ( water, gas, drainage boards ).

The Act requires people who own or occupy of SSSIs to ask Natural England for permission to carry out operations that may “damage the special interest of the site”.  These operations  (also might be called ‘Operations Likely to Damage’ (OLD) or ‘Potentially Damaging Operations’ ( PDOs) are listed for each SSSI. They might include drainage, excavation or change of use.  [Normally where the site is already under a management agreement or management plan agreed with Natural England then the consent will be implicit in these plans. ].

There are three separate strands, based on who is applying and why :

1. Consents (= Section 28 E)

– applies to SSSI owners/occupiers of an SSSI asking permission to undertake works, including a public body where it isnt part of their functions e.g. where they own a SSSI.

2. Assents (= Section 28 H)

where public bodies are carrying out their functions such as  and they need to undertake works on a site that includes an operation identified in the SSSI notification as likely to damage.

3. Advice (= Section 28 I)

– where a public body, such as a local authority, has powers to grant permission for others to undertake work on an SSSI.  Natural England can advise against giving permission for such operations that may “damage the special interest of the site” or advise that conditions should be attached.

Natural England may grant consent, with or without conditions, or refuse consent on operations, where it is not “compatible with furthering the conservation and enhancement of the special interest of the site”.

More information is available from Natural England : https://www.gov.uk/guidance/protected-areas-sites-of-special-scientific-interest 

Ring us if you need advice or supporting surveys.

New roles – office manager and lead ecologist

We have two new roles in the team, which we are recruiting to.

We have a vacancy for a “Consultancy Business Officer” at Norfolk Wildlife Services, who will manage the consultancy office. And we are also recruiting a lead ecologist to lead on technical projects. Closing dates are 21 and 14 September respectively.

Full details are on the Norfolk WIldlife Trust site http://www.norfolkwildlifetrust.org.uk/about-and-contact/vacancies

What does NPPF say about ecology or wildlife ?

National Planning and Policy Framework has quite extensive consideration of ecology and wildlife, including the need for a landscape scale approach to planning and for wildlife gain during development.  We find it quite a big document to download, so the following are the relevant extracts from the National Planning and Policy Framework. We have added in titles for ease of navigation. Continue reading

*** NEW SERVICE *** Tree consultancy

Bee on thorn flower

Bee on thorn flower

Norfolk Wildlife Services now offers an arborist service for trees alongside its existing wildlife services.  During development planning, arboriculture often requires consideration with ecology. Indeed with bats and trees the two often interact.

Furthermore in many of our urban and brownfield spaces, trees and woodland are frequently important features – sites on which we already offer ecology advice to clients. Specified properly in site management, trees and woodland can offer enhancement for the amenity, ecology and landscape of a site, as well as benefits for leisure and recreation.

With arboriculture being a natural synergy with our other wildlife services, we wanted to offer our customers a joined up service for all their trees requirements.  What we offer is :

  •  Tree surveys for development ( to BS5837 )
  •  Woodland management and planting advice
  •  Arboricultural Impact Assessment
  •  Planting plans for small sites
  •  Applications for tree works
  •  Liaison with planners, tree officers and statutory authorities

We are not tree surgeons, but can recommend or source you a reliable contractor should you request. Our ability to source the right contractor for your circumstances means you will have the contractor that fits your needs.

Not sure what type of tree survey you need – read our easy introduction to tree surveys

Photo gallery for bat mitigation