Planning and Biodiversity Advice Note

Updated December 2023.

Introduction

Biodiversity describes the variety of life on earth including all plants and animals and the habitats in which they live. The geography of the North York Moors makes it home to a wide range of wildlife habitats and species with over a third of the National Park protected at international or national level.

The conservation of the natural beauty, wildlife and cultural heritage of the National Park is one of the Authority’s statutory duties and therefore we seek to safeguard the biodiversity of all species and habitats in the National Park, not just those that are rare or under threat.

The world is losing biodiversity at an alarming rate, mainly as a result of human activity. Despite some significant success stories such as the increase in red kites and the return of the otter into many of our waterways, 60% of species in the UK have declined over the last 50 years. The planning system has an important role in maintaining biodiversity by ensuring new development is environmentally sustainable and does not undermine the quality of the natural environment.

The purpose of this advice note is to help homeowners and developers to fully consider the wildlife and habitat implications of proposals and also explain how the National Park Authority is acting to comply with the legislation regarding protected species and their habitats when considering proposals for new development.

Legislation and Policy

Certain plants and animal species, including all wild birds, are protected under the Wildlife and Countryside Act 1981. In addition, plant and animal species of European importance are protected under the Conservation of Habitats and Species Regulations 2017. It is an offence to deliberately capture, kill or disturb such animal species or to recklessly damage or destroy their breeding or resting sites. It is also an offence to deliberately pick, collect, cut, uproot, or destroy any wild plant listed under the Regulations.

The 2021 Environment Act sets clear statutory targets for the recovery of the natural world in four priority areas: air quality, biodiversity, water, and waste, and includes an important new target to reverse the decline in species abundance by the end of 2030. It sets in law new tools that Natural England and others can use to help meet those targets, which will at last enable us to reverse species decline towards a nature-positive 2030.

The 25 Year Environment Plan

The National Planning Policy Framework (NPPF) gives great weight to conserving wildlife in National Parks and states that local planning authorities should aim to conserve and enhance biodiversity by applying a number of principles in relation to protected sites and species, as well as other valuable sites and features. If significant harm from development cannot be avoided, adequately mitigated for, or as a last resort compensated for, then planning permission should be refused.

The North York Moors National Park Management Plan sets out strategic policies on conservation of the natural environment to achieve the first statutory purpose to conserve the wildlife, landscape, and cultural heritage of the National Park. These provide the framework for the more detailed actions in the Local Plan and other Authority strategies.

The Environment Act brought in the need for local authorities to develop Species Conservation Strategies and Protected Sites Strategies, both of which will have due consideration through the planning process and the Authority will also contribute to developing Local Nature Recovery Network Strategies, as well as developing its own Nature Recovery Plan. This document will be updated once these have been written.

Finally, the Local Plan includes policies for new development in the National Park which seek to protect both designated sites and other features important for biodiversity, such as ponds for example.

It is important to remember that wildlife legislation could be breached even if planning permission is not required for the development.

Designations in the North York Moors

There are a number of designated sites within the North York Moors that carry statutory protection at European, national, and local levels.

International Sites

Internationally designated sites are sites important in a European context and used to have protection under European law, also commonly known as Natura 2000 sites. After the departure of the UK from the European Union, the legislation protecting these sites has been translated into UK law. They comprise of:

• Special Protection Areas (SPA) – designated for their birds under the EC Wild Birds Directive it requires the Government to protect and maintain diversity of habitat for wild birds. The North York Moors SPA covers 44,082 hectares of the central moorland area of the National Park and is designated because of its importance for breeding populations of Merlin and Golden Plover. Screening for a Habitats Regulation Assessment must be conducted for any potentially damaging operation and the Local Planning Authority must consult Natural England on any application which may affect the integrity of a site.
• Special Areas of Conservation (SAC) – designated for their habitats and species under EC Habitats Directive. Their aim is to maintain or restore the extent and quality of rare habitats and to conserve rare species (other than birds). There are five SACs in the North York Moors covering the central moorland, bogs (2), woodland and coastal habitats totalling 44,398 hectares. Screening for a Habitats Regulation Assessment must be conducted for any potentially damaging operation and the Local Planning Authority must consult Natural England on any application which may affect the integrity of a site.
• Sites of Special Scientific Interest (SSSI) are areas which provide special national interest for wildlife and geology and underpin the designation of the international designations mentioned above. There are 58 SSSIs in the National Park. Owners must notify Natural England of any potentially damaging operation and the Local Planning Authority must consult Natural England on any application which may affect the integrity of a site.
• National Nature Reserves (NNR) are home to habitats and species which are nationally important. There are two in the National Park - Duncombe Park where the ancient trees, river and grassland provide habitats for a number of rare species and the Forge Valley which is an area of ancient woodland.
• Marine Conservation Zones (MCZ) protect a range of nationally important, rare, or threatened marine habitats and species. Runswick Bay MCZ protects an inshore area of the Yorkshire Coast and includes a range of intertidal and subtidal habitats as well as the rare Ocean Quahog (a type of mussel).
• Local Nature Reserve (LNR) of Farndale which was designated in 1955 in order to conserve the wild daffodil displays.
• North Yorkshire and Cleveland Heritage Coast covers the coastline of the National Park. It is defined as Heritage Coast by the Countryside Agency in recognition of its importance as a landscape and recreational resource where terrestrial, littoral, and marine flora and fauna should be conserved and enhanced.
• Part of the coastline around Robin Hood’s Bay is also defined as a Sensitive Marine Area by Natural England due to its nationally important marine habitats, communities, and species.
• Section 3 of the amendment to the Wildlife and Countryside Act 1985 requires the National Park Authority to prepare a map showing areas of ‘mountain, moor, heath and down, woodland, down, cliff or foreshore whose natural beauty is particularly important to conserve’.
• Three groups of habitats have been included on the Section 3 map – moor and heath, broadleaved and mixed woodland, and coastal habitats. These are identified on the Local Plan Proposals Map.

National Sites

• Sites of Special Scientific Interest (SSSI) are areas which provide special national interest for wildlife and geology and underpin the designation of the international designations mentioned above. There are 58 SSSIs in the National Park. Owners must notify Natural England of any potentially damaging operation and the Local Planning Authority must consult Natural England on any application which may affect the integrity of a site.
• National Nature Reserves (NNR) are home to habitats and species which are nationally important. There are two in the National Park - Duncombe Park where the ancient trees, river and grassland provide habitats for a number of rare species and the Forge Valley which is an area of ancient woodland.
• Marine Conservation Zones (MCZ) protect a range of nationally important, rare, or threatened marine habitats and species. Runswick Bay MCZ protects an inshore area of the Yorkshire Coast and includes a range of intertidal and subtidal habitats as well as the rare Ocean Quahog (a type of mussel).

Local Sites

• Local Nature Reserve (LNR) of Farndale which was designated in 1955 in order to conserve the wild daffodil displays.
• North Yorkshire & Cleveland Heritage Coast covers the coastline of the National Park. It is defined as Heritage Coast by the Countryside Agency in recognition of its importance as a landscape and recreational resource where terrestrial, littoral, and marine flora and fauna should be conserved and enhanced.
• Part of the coastline around Robin Hood’s Bay is also defined as a Sensitive Marine Area by Natural England due to its nationally important marine habitats, communities, and species.

Conservation Map

• Section 3 of the amendment to the Wildlife and Countryside Act 1985 requires the National Park Authority to prepare a map showing areas of ‘mountain, moor, heath and down, woodland, down, cliff or foreshore whose natural beauty is particularly important to conserve’.
• Three groups of habitats have been included on the Section 3 map – moor and heath, broadleaved and mixed woodland, and coastal habitats. These are identified on the Local Plan Proposals Map.

Other Habitats

There are a wide variety of other habitats that are not statutorily protected but are important for supporting wildlife, including:

• Old trees, particularly those with cracks and holes, and ancient woodlands.
• Grassland rich in wildflowers including traditional hay meadows.
• Wetland/marshes.
• Rivers, streams and ponds.
• Features such as bridges, tunnels, caves, and kilns.
• Old orchards.
• Hedgerows and arable field margins.

Protected Species in the North York Moors

The table at the end of this document lists species most commonly affected by new development proposals in the North York Moors. In brief these are: bats; swallows; house martins; swifts; house sparrows; barn owls; great crested newts and badgers. This is a selected list only and it is important to note that other protected species may be affected by less common types of development. For instance, water voles and otters could be affected by engineering operations to watercourses.

Site Appraisal and Surveys

Whatever development you are hoping to carry out, you must ensure that you understand the characteristics of a site, including any wildlife and habitat significance. An assessment of the sites existing features such as trees and hedges should be carried out and development should be designed around these, not the other way around.

The extent to which surveys and appraisals are required will depend on the scale, nature, and location of your proposal, but the following list is intended to give you an idea of the types of developments which might require ecological surveys:

• Barn conversions; possible occupation by bats, nesting birds and barn owls.
• Change of Uses and associated works involving alterations to the roof structure.
• Loft conversions are favoured roosting habitats for bat species in particular.
• Extensions, in particular if abutting a roof or gable end which can affect bats or swifts roosting in a loft space or under tiles.
• Re-roofing works will undoubtedly impact on any bat roost present but also the installation of inappropriate materials such as breathable membranes can also cause death. Swift nest sites may also be lost.
• Demolition represents a serious threat to protected species.
• New build on Greenfield or Brownfield sites.
• Within 250m of a pond, 10m of a river or stream or works to bridges, underground structures or tunnels.

It is important to consider the timing of any ecological survey as they often need to be carried out at certain times of the year, which could have impacts on when you can apply for, or receive, planning permission where this is required.

Ecological survey reports should:

• Be undertaken by a suitably qualified person/s and to industry best practice standards.
• Set out how the survey was carried out (who, what, where, when and how).
• Identify and list the habitats and/or plant and animal species found within the site, together with any geological features, drawing attention to any unusual or protected species present.
• Explain the value of the site in its wider context e.g., whether it forms part of a wildlife ‘corridor’.
• Present the information on a plan at an appropriate scale.
• Ensure mitigation/compensation measures are incorporated into the development to avoid, mitigate, or compensate for potential harm to habitats and/or plant and animal species.
• Incorporate measures to enhance wildlife value.

Design and Mitigation

Opportunities for enhancing wildlife and habitats should be considered as part of your overall development project. The planting of native trees, hedges and other plants will encourage wildlife as well as being aesthetically pleasing and may help provide a connection to other habitats locally. Wetlands, ponds, or meadows provide huge amounts of wildlife value and attract species such as amphibians and dragonflies.

It is often possible to combine biodiversity benefits with other site requirements such as part of the Sustainable Urban Drainage System (SUDS) or green roofs which are also important in helping biodiversity.

Mitigation should not be used solely as a tool to justify unacceptable development but instead should help to consider the management of risk.

The first approach should be to prevent or avoid any impact but if this is not possible then measures should seek to integrate biodiversity features within the development. Impacts can be mitigated by providing additional features that will enable the wildlife on the site to stay there e.g., clearing out part of a silted-up pond and retaining the wetland as a feature in the development.

In cases where there is an overriding need for the development and impact on existing habitats or species cannot be avoided, compensation methods should be considered by introducing new features into the development e.g., new areas of wildflower planting or creation of wetland areas.

Appropriate management must also be put in place to ensure the long-term lasting benefits.

Natural England has published a series of leaflets outlining how the types of habitats listed above can be safeguarded to support wildlife, see the contact details in section 9, and Part 3 of the Authority’s Design Guide provides further advice about the safeguarding of trees in new development.

A mandatory system to deliver ‘Biodiversity Net Gain’ was introduced from January 2024 onwards. New development must provide a net gain for wildlife, evidenced through use of a Biodiversity Metric. Specific guidance on how to assess, deliver and evidence Biodiversity Net Gain for your development is provided within the Biodiversity Net Gain planning advice note. Some types of development are exempt from mandatory Biodiversity Net Gain (these are set out in the advice note) however the Authority will still expect exempt planning applications and prior approvals to consider the above guidance and take steps to avoid, mitigate and compensate for unavoidable biodiversity impacts.

Assessment of Planning Applications

If your development requires planning permission, the Authority will have regard to the ecological value of a site whether officially designated or not. When considering planning applications, the Authority will consider biodiversity in accordance with the following hierarchy of importance:

• International sites and protected species.
• National sites and protected species.
• Local sites and irreplaceable habitats such as ancient woodland, and
• Other wider biodiversity interests.

All applications are screened for potential protected species, valuable habitats, and other ecological implications. Where it is considered that a site of nature conservation value or protected species may be adversely affected by a development proposal, an ecological survey may be required.

Where the impact is likely to be significant, or where the development may affect a protected species or designated site, the survey will be required as part of the application process and a decision will not be made until sufficient information has been submitted.  The survey should be carried out by a suitably qualified ecologist.

Where an ecological survey is requested and not submitted, planning permission is likely to be refused on the grounds that insufficient information has been submitted to demonstrate that the development would not have an adverse impact on important wildlife habitats or species.

The presence of a protected species need not detrimentally affect the potential to gain planning permission. The planning officer will consider the ecologist’s report in assessing your application. It may be necessary to amend the submitted plans and/or include a condition to require that a Natural England licence is obtained to allow works to proceed.  In the majority of cases, however, protected habitats and species can be accommodated within development proposals if suitable mitigation is provided.

Certain types of development require an Environmental Impact Assessment. The Authority will advise you if your proposal falls into this category.

Bats

Regardless of whether your development requires planning permission or not, bats are legally protected under the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2017 and therefore the potential presence of bats will require consideration, even for works such as re-roofing and loft conversions.

There are two types of bat survey. A ‘scoping survey’ which looks for features that have the potential to support bat roosts and whether there is any visible evidence of bat presence (e.g., droppings, grease smears or insect remains) and an ‘activity’ survey which aims to observe and record any bats which may be present at a time when they will be active near the roost, usually either shortly after dusk or before dawn. Scoping surveys may be undertaken at any time of year and can inform where activity surveys are required and how many will be needed to determine absence of bats, or to characterize the roost type (where present). The majority of activity surveys can only be undertaken when bats are active during the breeding season (primarily mid-May to August, although supporting surveys in September may be acceptable where accompanying earlier survey effort). Where sites may support swarming or hibernating bats, bespoke surveys may be required, and further guidance should be sought.

Typically, a scoping survey should be undertaken first to assess the likelihood of bat presence. Where there is potential for bat roosts, or evidence of bat use is found an activity survey/s are likely to be required to establish if and how bats are using the building and what actions may therefore be required to ensure that bats or bat roosts are not detrimentally affected by the development. It is important to remember that bats will hibernate from November to February.

Applications Requiring Bat Scoping Surveys

A scoping survey will be required in the following cases:

• Barn conversion to new use where the roof is substantially in place.
• Demolition of houses/barns/significant outbuildings.
• If a bat roost is known to be close by.
• All significant applications involving bridges/kilns/caves/tunnels and other similar structures.
• Sites where evidence of bats is found following a site visit by the planning officer.
• Proposals for wind turbines within 50 metres of a building, woodland, or linear feature.

Below is the order of activities to carry out when undertaking building or development work where bats may be present:

• Step 1: Contract an ecological consultant.
• Step 2: Undertake a bat scoping survey.
• Step 3: Where necessary, undertake bat activity surveys (at the appropriate time of year).
• Step 4: Compile a mitigation plan/method statement to be shared with architects and/or building contractors.
• Step 5: Incorporate the bat survey report and mitigation plan/method statement into planning application.
• Step 6: Apply for planning permission.
• Step 7: Apply for a European Protected Species (EPS) license (if needed).
• Step 8: If granted, carry out works with ecologist supervision.
• Step 9: Compliance check to ensure that mitigation is being properly implemented.
• Step 10: Monitor the site to check response of the bat population to the mitigation.

The Authority maintains a list of consultants qualified to carry out bat surveys.  Please note this list is not comprehensive and you may wish to contact the Chartered Institute for Ecology and Environmental Management for other members or the ENDS Environmental Consultancy Directory.

For detailed advice about bats and development please refer to Natural England’s ‘Bat Mitigation Guidelines’ at; Bats: surveys and mitigation for development projects - GOV.UK.

Contacts and Further Information

The National Park Ecologist and Area Planning Teams
The Old Vicarage, Bondgate, Helmsley, York, YO62 5BP
Tel: 01439 772700
Email: planning@northyorkmoors.org.uk
Website: www.northyorkmoors.org.uk

Natural England (N&E Yorkshire Team)

4th Floor, Foss House, Kings Pool, 1-2 Peasholme Green, York, YO1 7PX
Tel: 0300 0603900
Website: www.gov.uk/government/organisations/natural-england

Bat Conservation Trust

Studio 15, Cloisters House, Cloisters Business Centre, 8 Battersea Park Road, London, SW8 4BG
Tel: 0345 1300 228
Website: www.bats.org.uk

The Hawk & Owl Trust

Turf Moor Road, Sculthorpe, Fakenham, Norfolk, NR21 9GN
Tel: 01328 856788
Website: www.hawkandowltrust.org

Barn Owl Trust

Waterleat, Newton Abbot, Ashburton, Devon, TQ13 7HU
Tel: 01364 255256
Email: info@barnowltrust.org,uk
Website: www.barnowltrust.org.uk