www.gov.uk/natural-england

Natural Flood Management: the regulatory role of Natural England

Who are Natural England?

Natural England is the Government’s statutory adviser for the natural environment in England. We work to protect England’s nature andlandscapes for people to enjoy and for the services they provide.

Much of this work is best done in partnership with others and Natural Flood Management is clearly an example of where working with others will achieve greater benefits. There are three main areas of our work where early discussions with Natural England may be required:

•Protected Sites (SSSIs)•Protected Species•Agri-Environment Schemes

Is the land a Site of Special Scientific Interest ?

Is the land a Site of Special Scientific Interest (SSSI)?

• The government mapping website www.magic.gov.uk will provide the location of protected sites and semi-natural habitat.

• Activities within SSSIs will require consultation with and consent from Natural England (under the Wildlife and Countryside Act, as amended).

• Consent will be given provided the activity does not damage the special interest of the SSSI.

• The landowner should be aware of this process and who to contact within Natural England.

Does the land support a protected species?

Does the land support a protected species?

A number of species have special legal protection under a range of legislation, but mainly The Conservation of Habitats and Species Regulations (2010) and the Wildlife & Countryside Act (1981). The level of protection will vary depending on the species and the legislation but, in broad terms, this means it is a criminal offence:

•to deliberately take, capture, kill, or injure such species of animals or •to take their eggs or disturb their breeding or resting places and •to pick, remove, uproot or destroy any wild plant included in the Acts.

The above actions can be made lawful through the granting of Licences by the appropriate authorities. Licenses may be granted for a number of purposes (such as science and education, conservation, preserving public health and safety), but only after the appropriate authority is satisfied that there are no satisfactory alternatives and that such actions will have no detrimental effect on wild population of the species concerned

Does the land support a protected species?

Some examples of European Protected species:•all species of bats•great crested newts•common dormice•otters

Some examples of nationally protected species:•badgers•water voles•wild birds•white-clawed crayfish

There are also plant species that are under protection too.

Does the land support a protected species?

To avoid breaching legislation follow good practice guidance and keep a record of your decisions. For example:

Water vole: could it stop their movement along the watercourse corridor, damage banks where they burrow, or change water levels and reduce the vegetation they feed on?

Bats: do the trees affected have potential to house bats, i.e ivy or splits/ holes?

Otter: are there any resting sites/holts that may be affected?

White-clawed crayfish: might it remove/disturb their refuges or lead to increased silt levels? 

Birds: avoid the bird nesting season. (March – August )

Does the land support a protected species?

The Forestry Commission’s publication on Protected Species provides guidance on good practice:

http://www.forestry.gov.uk/pdf/EPSA6FieldGuide.pdf/$file/EPSA6FieldGuide.pdf

For further guidance and advice either speak to an ecologist and/ or the standing advice on: https://www.gov.uk.

Natural England offer a chargeable advice service for: •a pre-submission screening service (PSS) to find out if a development proposal affects a protected species and needs a wildlife licence•a discretionary advice service (DAS) which is extra advice for more complex development proposals that affect the environment.

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Is the land under an agri-environment scheme?

Is the land under an agri-environment scheme?

The landowner will be aware if they are in an agri-environment scheme and what they are required to do under the scheme.

Examples of works may include change of land-use (grassland to woodland/scrub), alterations to stock fencing, or excavation of the ground to create holding pools.

Discuss proposals with a Natural England adviser at the early stages as modifications to land management may be contrary to the agreement and be subject to financial re-claims.