Questions & Answers
'Am I required to include features for biodiversity in my development?'
You are required to provide mitigation (or compensation) if the proposal has an impact on a statutory site (e.g. Site of Special Scientific Interest - SSSI) or a protected species (e.g. bats, great crested newt, water vole, black redstart, kingfisher, common lizard, plus other species). Development proposals that harm a SSSI are rarely permitted, and only after extensive negotiations with the statutory agency (Natural England) and the permitting authority. However developments that have the potential to harm a protected species are permitted more often. These species are legally protected and it would be an offence to harm individual animals or damage, destroy or interfere with their habitat or breeding sites, hence the requirement to provide adequate mitigation. In some cases the presence of a protected species may be a reason to refuse permission for a development.
You may be obliged to (through a planning condition for example) provide mitigation or compensation for an adverse impact on habitats or species that are identified as priorities in the UK Biodiversity Action Plan, the London Biodiversity Action Plan, or even a local borough Biodiversity Action Plan. Most of these habitats and species will have no legal protection - albeit there will be some overlap with habitats in statutory sites and protected species - but Government planning policy guidance (expressed in PPS 9: Biodiversity and Geological Conservation) requires regional and local planning authorities to ensure that these habitats and species are protected from the adverse effects of development, where appropriate, by using planning conditions or obligations.
You may be encouraged to include features that will benefit biodiversity as part of an attempt to improve the sustainability of development and regeneration. This might include the provision of green roofs; detention ponds and swales as part of a sustainable urban drainage system: or landscaping that is designed to combat noise pollution or improve local micro-climates to counter the urban heat island effect.
'What kind of biodiversity features can be installed in a new urban development project?'
There are a variety of different features that can be installed within a new urban development for biodiversity. Such features can be either, relatively small scale and simple to include such as nest boxes for birds, through to larger scale features such as green roofs. There are a number of different types of bird nest boxes available depending upon the location of the development and the types of birds that would be appropriate to be encouraged to the site. Furthermore, a range of bird bricks are available that can be incorporated into the structure itself, providing suitable nesting habitat for species such as swifts. These features can be incorporated into a development with relative ease and in a relatively inconspicuous manner.
In a similar way, bat boxes and bat bricks can be provided within new urban developments, providing roosting habitat for these species.
In addition to providing nesting and roosting habitat for bats and birds, new urban developments often have a real potential for the inclusion of green roofs and green walls. These can be designed specifically for biodiversity and can provide habitat not only for biodiversity but also can achieve wider environmental benefits such as providing thermal insulation, noise insulation, aesthetic improvements and drainage attenuation.
In association with appropriately designed green roofs, 'bug houses' can also be installed to provide habitat for invertebrates, these measures can be quite simple and yet effective in enhancing the biodiversity value within urban developments.
'If I install bat boxes or nest-sites for birds in a building, will this impose constraints on it's future use?'
Bat roosts are legally protected from disturbance or damage throughout the year; the nest-sites of certain birds (peregrine falcon and black redstart for example) are legally protected from disturbance or damage during the breeding season; the nests of all birds are legally protected from damage during the breeding season. Therefore if bespoke roosts and nest-sites are incorporated into a building and these features are occupied the relevant legal controls will apply. However, the legal protection afforded to these species is intended primarily to prevent wilful, negligent or reckless acts and to encourage a responsible approach to undertaking operations that have the potential to cause harm.
There is a distinct advantage in placing bespoke roosts and nest-sites on a building because it ensures that bat roosts and bird nest-sites are located in areas where they are least likely to pose problems in the management and operation of the building. Furthermore, when the building requires refurbishment modification or demolition the features can more easily be closed down, screened, removed, replaced or relocated as required.
Please e-mail the Design for Biodiversity team with questions that we can help with and we will post replies on the website.