Planning for Wildlife

Avon Wildlife Trust devotes considerable resources to influencing local, regional and national planning policy. It also monitors and responds to major planning applications which may threaten wildlife in our area.

The area we cover includes the Councils of:

Bath and North East Somerset

Bristol

North Somerset

South Gloucestershire

The Councils work together in the West of England Partnership. The Avon Wildlife Trust's chief executive represents the Avon Biodiversity Partnership on the board.

Download this map to see the most important sites designated for wildlife in the area, both national statutory and locally designated ones. Of course, wildlife is present in all parts of the area, even heavily urbanised sites and we work to ensure that this is protected as well.

Planning Applications 

As we are a charity, and our resources are limited, we are restricted in our capacity to respond to the hundreds of individual planning applications that are processed every year. In any case, it is for local authorities and/or Natural England to ensure protection and enhancement of the natural environment through the planning system. Natural England is the national nature conservation body which advises government and acts as a statutory consultee where nationally important sites e.g. Sites of Special Scientific Interest and European sites such as the Severn Estuary are affected.

Minor Planning Applications     

horseshoe bat

Major Planning Applications

Where we have the capacity, we monitor closely and respond to major planning applications which may affect wildlife. We work with Natural England and the local authority ecologists to monitor potential and actual planning applications.

Some major developments we have commented on include: the proposals for the Deep Sea Container Terminal at Avonmouth; proposals for wind turbines in the Avonmouth area; and the redevelopment of the Tropicana swimming pool at Weston-Super-Mare.

Planning related to Conservation Areas
Local planning authorities have a duty under Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 to designate as conservation areas any “areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance”.

Planning controls are stricter in Conservation Areas:

Creating wetlands

All trees with a trunk diameter of 75mm measured at 1.5m above ground level within conservation areas are protected under Section 211 of the Town and Country Planning Act 1990. Any proposed works to them will require a written notification to the Council six weeks prior to beginning those works.

It should be noted that it is a criminal offence to carry out works to such trees within a conservation area without giving prior notice to a Council.

In addition, many trees in conservation areas will be the subject of Tree Preservation Orders, in which case a formal application would be necessary before any works can begin. A Council would have regard to the character of the area and the significance of the tree in determining any such application.

There are exemptions from the general protection given to such trees in a conservation area, namely

• Trees that are dead, dying or have become dangerous
• Pruning of cultivated fruit trees

Where the loss of a tree is unavoidable, replanting with species that are native or traditional to the area would be encouraged.

Contact your local Conservation Officer for more advice.

What You Can Do
If a particular application concerns you, there are several things you can do both immediately and in the longer term.

Immediately:
Register your objection direct with the Council concerned; alert the Council's ecologist and others who are able to influence the process.

Objecting to an application:
Make an official objection to the planning application by letter to your local Council. Quote the reference number (your Council's planning office reception will have this), and state your case clearly, and calmly. Point out your concerns, and why you think they need to be considered. Remember that the Council officer who has to deal with the application (the Case Officer) may not know all the local details - your knowledge may be of benefit.

Try not to use emotive language, nor use issues that are not considered in planning matters (e.g. house values, likelihood of crime, new neighbours etc.). However, you may wish to include planning issues that are outside our remit, such as traffic levels, noise & disturbance, incursion on Green Belt, and changes to landscape & views.

Contact your local Council's Case Officer, who will deal with the application by 'phone. S/he will generally listen to your arguments and concerns. If necessary, ask to go to the Council offices to look at the plans in more detail - these are often available for view at the Planning Reception.

Consider appropriate measures for mitigation and/or compensation; e.g. if two trees are to be felled to make a play space available, there could be benefits in suggesting that a larger area is planted with new trees and managed for nature conservation.

Investigate and use in your letter, where possible, the development plan policies that will relate to nature conservation issues. For example, a proposal may conflict with a Policy that states that the council is committed to protecting its district's trees or ponds. Not all development plans are the same; but relevant policies will usually be found in the chapters for Environment, Nature Conservation, Community Open Space, and/or Recreation & Leisure. Don't forget to check the proposals (and maps), which give clear indications of which sites are protected, and which areas are designated for development.

Copy your letter to the Councillor(s) for the ward in which the site is located. Contact details for Councillors are provided on the relevant Council's web site:

Bath and North East Somerset

Bristol

North Somerset
South Gloucestershire

Parish Councils and Town Councils do not make decisions on planning issues though they are consulted by the planning authorities and may make comments on planning applications affecting their area. You may wish to copy your comments to the relevant parish or town council for information or get in touch with your parish or town councillor for support. Follow the links below to find your local councillor.

Bath and North East Somerset
North Somerset
South Gloucestershire

Campaigns/Petitions
Encourage your neighbours and others to submit objections and possibly collect names on a petition to present to the Council. Contact the local newspaper if it is a controversial issue- they will be keen to pick up the story if its newsworthy.

The planning application might go to a Development Control Committee of local councillors for them to make the final decision. You might want to state your case to this Committee that will decide on planning applications to which there have been objections. You will need to notify the relevant Committee Clerk and their details will be available on the Council's website or by telephone to the Case Officer.

In the Longer Term
Become familiar with your local council's Local Plan and its proposals, policies and maps. Following changes to the law in 2004, all local Councils are replacing these Plans with Local Development Frameworks (LDFs), but the policies in Local Plans still hold until the various Core Strategies of the Councils' LDFs are in place. The links below will take you to the relevant areas of the Councils' websites.

Bath and North East Somerset

Bristol

North Somerset

South Gloucestershire

Planning Enforcement
Every Council has an enforcement procedure to deal with development where the developer has not complied with the Council's existing policies and procedures.

The relevant enforcement team should investigate all complaints relating to unauthorised development and changes of uses, and non-compliance with planning consents and conditions.

Planning Policy

The Trust monitors national planning and other policies and strategies and how these are being implemented locally.

National Policy
The Royal Society of Wildlife Trusts (an umbrella body for WildlifeTrusts nationally) is active on national policy campaigns such as climate change and campaigns for wildlife-friendly legislation.

The Government introduced the Natural Environment and Rural Communities Act (NERC) in 2006. This legislation outlines the role Local Authorities have in the conservation of biodiversity.

Section 40 of the act states that:
“Every public body must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity”

The Wildlife Trusts have produced a leaflet called Local Authority Services and Biodiversity - Your Statutory Obligations providing guidance on how to implement these duties. It offers practical examples and outlines how considering biodiversity can truly be a cross-cutting issue which can contribute to the delivery of other local authority services and targets.

Regional Policy
Policies on major strategic planning proposals for the South West are currently in the Regional Spatial Strategy developed by the South West Regional Development Agency which holds policies for this area.

Local Policies
The Trust works proactively with planning officers, planners, developers, landowners and decision-makers to ensure development avoids damage to wildlife, and wherever possible builds in benefits for wildlife and the natural environment. This can be most effectively achieved through the policy planning process, known as Local Development Frameworks. The Councils do a lot of consultation on LDFs and they will publish these on their websites- it is important for the public and community groups to be involved with these as your views will then be taken into account at an early stage of policy development. The links below will take you to the relevant areas of the Councils' websites.

Bath and North East Somerset

Bristol

North Somerset
South Gloucestershire

Specially protected species
Plant and animal species given special legal protection by Great Britain's Wildlife & Countryside Act 1981 and Annex II of the European Union's Habitats & Species Directive 1992 usually have special significance in the planning process. Protection for species under the European Union's Directive was translated into English law by the Conservation (Habitats &c) Regulations 1994. You should be able to find them listed on the species section of the website of the UK's Joint Nature Conservation Committee (JNCC). Badgers and their setts are also protected by their own legislation - the Protection of Badgers Act 1992.

Contact Section

Council websites and Planning Department Contact Details

Local Authority Ecologists

Bath and North East Somerset    01225 477526/477620
Bristol                                               0117 922 3750/3403/ 0117 3525656
North Somerset                              01275 888524
South Gloucestershire                  01454 863467

Local Authority Conservation Officers

Bath and North East Somerset    01225 394041
Bristol                                               0117 922 3097
North Somerset                              01934 426250
South Gloucestershire                  01454 863579

Local Authority Planning Enforcement Officers

Bath and North East Somerset    01225 477512
Bristol                                               0117 922 3097
North Somerset                              01275 888811
South Gloucestershire                  01454 868004

If necessary, contact the police- it is illegal to injure/damage many protected
species and their habitats.

Avon and Somerset Constabulary: ask to speak to the Wildlife Liaison Officer. Contact
0845 4567000 or your local police station.

If a Planning Application Number or address is available, the details can be checked on the relevant local authority website. Each unitary authority has a ‘Public Access for Planning’ portal on their website and you can use this to see whether surveys have been completed.

The Government also provides a link to all local authority planning information for the public at http://www.planningportal.gov.uk/

Contact the Planning and Policy Officer at the Trust if you have a particular concern about any planning issues.

Other Advice

Friends of the Earth          020 7490 1555
Planning Aid                      0870 8509807