As March and the great crested newt survey season approaches, you may be wondering whether the vote to the leave the European Union changes the surveys required for planning ?
There are currently no plans to abolish protection of European Protected Species (EPS); protection we presume will be transposed into UK legislation by the Great Reform Bill, although the species was already fully protected under UK law prior to its European designation.
However as part of the Red Tape Challenge, Natural England are reviewing their approach to licences. In December 2016 the agency released the results of a public consultation held in spring 2016 on 4 potential new policies for EPS licensing :
Policy 1: Greater flexibility when excluding and relocating European Protected Species (EPS) from development sites.
Policy 2: Greater flexibility in the location of newly created habitats that compensate for lost habitats through development.
Policy 3: Allowing EPS to have access to temporary habitats that will be developed at a later date.
Policy 4: Appropriate and relevant surveys where the impacts of development can be confidently predicted.
Policy 1 and 2 both look at the idea of “mitigation banking” – which is previously built mitigation that developers can buy into. This changes the emphasis from spending time trapping and removing newts to building a resilient network of pre-planned habitat for them. These two policies should provide developers with more certainty around costs and any delays that might be incurred. However this non-conventional exclusion and relocation technique is controversial and may not yet be approved.
Policy 3 allows newts access to land where development will temporarily create habitat likely to attract EPS, such as mineral extraction. On completion of development it will be necessary to provide well-prepared management plans to ensure gains to the target species. This would only work where the conservation status of the local population would not be detrimentally affected.
Policy 4 is intended to avoid duplicating effort where the distribution of newts is well known and can be inferred from existing data. This policy is intended to reduce costs and increase benefits to EPS through varying licencing approaches to suit site-specific circumstances.
For more information have a look at the pilot in Woking where major urban expansion allows for a planned approach for mitigating for newts.