The trend to proceed with site clearance ahead of ecological survey is increasing risk, cost, and timelines for development projects and can result in unlimited fines and a prison sentence.
Why do I Need an Ecologist for Planning Permission?
Most development projects will have an impact on the surrounding ecosystem, and legislation is changing to ensure that developers are aware of these impacts and have a responsibility to mitigate them.
Engaging with an ecologist early in the process means that at the very least you have a better idea of what you might be getting into. An ecologist will be able to advise what type of site you are dealing with, what surveys are required, and your potential responsibilities if protected species or habitat are discovered on or near your site.
Being armed with this information as early as possible informs your planning, budget and timelines and helps to manage expectations. It can also give you the information that you need to be compliant with legislation and avoid issues further down the line.
What Can I do Before Engaging an Ecologist?
Other than being clear on what is involved in your planned development, the answer to this is “as little as possible”!
In the past couple of years, we have visited sites for a few new clients where habitat has obviously recently been cleared or significantly modified, and it appears from social media posts that other ecologists are increasingly having similar experiences.
This growing trend of “clearance before survey” is significantly increasing risk for those developers who embrace it. Legislation is changing, with a growing emphasis on Biodiversity Net Gains within building projects; and more significant punitive measures for not delivering on these obligations being proposed.
Who is Responsible?
Whoever is responsible for the development project as a whole will be responsible for ensuring it is compliant with legislation, but delays or changes in the planning process can impact everyone involved.
Commercial planners, developers, and even private individuals need to be aware that proceeding with changes to the site ahead of survey can increase delays and expense, and leave them open to possible prosecution and the imposition of penalties.
Seven Things to Consider Before Site Clearance
- Unapproved site clearance is a criminal offence if a protected species or their habitat is destroyed. The responsible person could be prosecuted, the penalty is an unlimited fine and up to six months in prison.
- An ecologist who is licensed to help you with a protected species is legally required to report even accidental breaches of the legislation protecting that species.
- In cases of modification before ecological assessment, British Standard 42020 requires an impact assessment. This additional survey assesses the habitats before the change predicting which species could have been present. This adds time and cost to a project and you may need to mitigate for something that was not actually present.
- Public access aerial imagery (e.g. Google Earth) means that changes to habitats, particularly trees and scrub, are easily discovered. Investigators will also use comparisons with adjacent areas, and the presence of debris or vehicle tracks as evidence.
- Planning authorities expect submissions to include previous ecological record checks, and an assessment of a site’s ability to support any protected species present locally. Where habitats have been cleared, the ecological impact assessment is required to assume the cleared habitats were of the highest possible worth. This can force ecologists to assume a protected species was present based on historical records.
- Any biodiversity improvements required within development projects will be based on the site condition before clearance. Ecologists must base this on the impact assessment, which will assume you are mitigating the loss of high-quality habitat, making net gains harder and more costly.
- The local authority may require removed habitats be replaced and maintained long-term or increase the number of mitigation measures that are applied to the project.
In a nutshell, “premature clearance of any proposed development site could be very costly to you and your project”. If you need to undertake any clearance for access purposes or to undertake other surveys, ensure you consult an ecologist first to make certain all habitats and potential constraints are recorded and identified.
If you need help with ecological surveys or advice for your project, please contact us.
JP Ecological Services 