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Planning Policy Statement 9 (PPS9)

PPS9 provides guidance to local planning authorities when considering biodiversity and geological conservation:

“The aim of planning decisions should be to prevent harm to biodiversity and geological conservation interests.”

Note that the statement refers to 'biodiversity interest', not just protected species. A species may be of biodiversity interest, but the animal and/or its habitat may not be formally protected under current wildlife legislation.

One of the key principles of PPS9 includes the following statement:

“Where granting planning permission would result in significant harm to those interests, local planning authorities will need to be satisfied that the development cannot reasonably be located on any alternative sites that would result in less or no harm. In the absence of any such alternatives, local planning authorities should ensure that, before planning permission is granted, adequate mitigation measures are put in place. Where a planning decision would result in significant harm to biodiversity and geological interests which cannot be prevented or adequately mitigated against, appropriate compensation measures should be sought."

Without suitable mitigation and/or compensation being proposed to offset potential damage to biodiversity interest, PPS9 directs local authorities to refuse planning permission:

“If that significant harm cannot be prevented, adequately mitigated against, or compensated for, then planning permission should be refused.”

In order to satisfy the requirements of PPS9, it is vital that appropriate survey work is undertaken and mitigation recommendations are proposed before a developer submits a planning application. If planning permission is granted without these requirements being met, the decision could be challenged and overturned on appeal. In essence, it is no longer appropriate for local planning authorities to simply attach a condition (or advisory) that survey work be undertaken.

Calumma Ecological Services is often contacted by clients who were not aware that a biodiversity assessment was required, with planning applications that have been refused or delayed due to insufficient information being submitted. We therefore recommend that in order to help avoid unnecessary delays to planning applications, clients should always undertake a biodiversity assessment before submitting a planning application.

More information on all available planning policy statements is available from the Office of the Deputy Prime Minister.

Calumma Ecological Services will be working with all clients to ensure that planning applications meet these new and demanding requirements.