Great Crested Newt District Licensing
Following on from our June article, which focused on changes to wildlife licensing, this article takes a closer look at the great crested newt district level licensing scheme…
As a recap, wildlife licenses are required where proposed works have adverse impacts and effects on protected species (in this case great crested newts) that would, in the absence of a licence, be illegal. Great crested newts are a European protected species. This means that it is illegal to deliberately kill, injure, capture or disturb great crested newts, or to obstruct access to areas where they live and breed – this protection applies to all life stages. Their habitat is also protected.
The recent changes to the licensing system around great crested newts, are designed to streamline the process for all involved and reduce costs, in addition to shifting the focus away from conserving individual great crested newts towards conserving populationsof newts at the landscape scale. Therefore, through the district licensing route, mitigation and compensation measures for schemes where great crested newts are present, can now feed into regional conservation projects.
The approach was first trialled in 2017 and following on from this, is being rolled out to the rest of the country.
What does it mean for developers?
Rather than needing to undertake seasonally constrained surveys for great crested newts, assessing appropriate mitigation and compensation on a site-by-site basis (for example by amending the scheme to account for great crested newt presence, finding a means to mitigate for newts on site, or compensate for residual impacts off site), and applying to Natural England (after planning permission has been granted) for a licence to undertake the works (which can lead to delays), developers are able to make a voluntary payment into an off-site scheme, which negates the need for surveys, assessment and mitigation.
How does it work?
Regions are divided into zones according to where great crested newts pose an issue for development and risks associated with the local conservation status of great crested newts; payments are then worked out accordingly, in relation to the location and scale of the project.
District licences are awarded to local planning authorities and acceptance onto a scheme is awarded before planning permission is sought. Payments contribute towards off-site compensatory habitat for great crested newts, which is maintained appropriately and monitored.
Where are district level licensing schemes currently available?
District level licensing schemes are run by Natural England and NatureSpace Partnership(who set up and deliver the schemes). At the time of writing, Natural England led schemes are currently available in Cheshire and Kent. NatureSpace Partnership schemes are currently operating in Milton Keynes, Aylesbury Vale, Bedford Borough, Central Bedfordshire, South Oxfordshire, Vale of White Horse and Oxford City, with the addition of nine more areas in August 2019: Cherwell District Council, Cotswold District Council, Cheltenham Borough Council, Forest of Dean District Council, Gloucester City Council, South Northamptonshire Council, Tewkesbury Borough Council, Stroud District Council and West Oxfordshire District Council.
It should be noted that the district level licensing approach is not suitable for all sites; indeed, costs can, in some cases, be higher than those incurred by following the traditional route.
For further help and advice, contact our ecologists.