NI Biodiversity Checklist

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NI Biodiversity Checklist
A step by step guide to help identify a range of biodiversity
interests associated with proposed development projects
Version 1.1 / April 2015
practice Guide
PRACTICE GUIDE
April 2015
Guide
This checklist aims to provide a tool which, if utilised, will assist applicants and planning authorities
make an early initial assessment of biodiversity issues that may need to be addressed when
considering development management impacts on nature conservation sites, habitats and species.
The correct application of the tool would also help applicants and planning authorities identify and
satisfy legislative requirements with regard to biodiversity in development projects.
This checklist does not attempt to provide an authoritative account of the legislation and policy that
underpin biodiversity conservation in Northern Ireland and is not intended to be a source of legal
advice. This guide is not intended to replace the need for judgement by planning officers and those
making planning applications. Reference should always be made to the relevant legislation and if
any discrepancy or conflict exists between the contents of this guide and the relevant legislation, the
provisions of the legislation will prevail.
Further information can be obtained from the Northern Ireland Environmental Agency (NIEA) website
www.doeni.gov.uk/niea. Links to external sources of information have also been provided in the
text, where appropriate.
Cover Photo: Umbra, Area of Special Scientific Interest © Christie Greer
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NI BIODIVERSITY CHECKLIST
Introduction
‘Biodiversity’ is the variety of plant and animal life in the world, or in a particular place
or habitat, and includes all species of plants and animals and the habitats in which they live.
Biodiversity is essential to sustaining the living networks and systems that provide us all with
health, food, wealth, fuel and the vital services our lives depend on. It is therefore important
to minimise activities which could negatively impact on Northern Ireland’s rich biodiversity.
This checklist is a ‘step by step’ tool which can be used by applicants, agents and planning
authorities, to help identify if a development proposal is likely to adversely affect certain
aspects of biodiversity and what information may be required to accompany a planning
application, in order to adhere to European and Northern Ireland wildlife legislation1 and
standards.
If a completed Biodiversity Checklist is submitted with a planning application it would assist
planning authorities to consider the impacts of the development proposal on Northern
Ireland’s Biodiversity. Applications, submitted with adequate biodiversity information can also
assist NIEA as a statutory consultee2 to provide substantive responses within agreed
timescales.
The application of this checklist would also assist with:



conformity with British Standard 42020:2013 for Biodiversity (Code of practice for
planning and development);
compliance with national and international biodiversity policy and legislation; and
reducing the risk of appeals and legal challenges.
If the information submitted with an application proves to be inadequate to assess the
impacts on biodiversity, further evidence and information may be needed to inform the
determination of the application. This could lead to a delay in determining the application or
refusal of the application, depending on the further evidence being sought.
To avoid delays within the planning process we would recommend that applicants should
consider biodiversity requirements at the earliest possible stage. This is particularly relevant
as there may be seasonal constraints on any required survey work.
Although the tool is designed to be utilised by all, certain aspects may require a level of
ecological knowledge or expertise, such as the identification of priority habitats and species.
Where possible the use of a competent and qualified Ecologist would be beneficial. It is
recommended that such expertise is utilised to prepare the Preliminary Ecological Appraisal
and any subsequent survey work, Biodiversity Statement and Mitigation Plan for all major
applications. A list of ecological consultants can be found on the CIEEM member’s directory
(see link http://www.cieem.net/members-directory ).
1
2
Wildlife and Natural Environment Act (Northern Ireland) 2011 & The Wildlife (Northern Ireland) Order 1985
Schedule 3, Planning (General Development Procedure) Order (Northern Ireland) 2015
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PRACTICE GUIDE
The 5 steps
The checklist tool comprises of 5 steps. We would recommend completing steps 1 to 3, and
4 where necessary. If you are submitting the checklist and associated supporting information
with your application the declaration in Step 5 should be signed and dated.
Step 1
Preliminary Ecological Appraisal and
a Biological Records Search
Step 2
Protected Sites and NI Priority
Habitats Checklist
Step 3
Selected Protected Species
Checklist
If you have answered Yes to any of the
questions in Step 2 or Step 3 assess if
further surveys are required and
proceed to Step 4
Step 4
Biological Statement and Mitigation
Plan
If you have answered
No, to any of the
questions in
Step 2 or Step 3
provide a concise
statement and
proceed to Step 5
Step 5
Declaration
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Step 1 Preliminary Ecological Appraisal (PEA)
The information provided in a Preliminary Ecological Appraisal (PEA) should be
proportionate to the scale and nature of the development.
It is best practice for a PEA to be produced in a format consistent with ‘Guidelines for
Preliminary Ecological Appraisal’ published by the Chartered Institute of Ecology and
Environmental Management (CIEEM) See link:
http://www.cieem.net/data/files/Resource_Library/Technical_Guidance_Series/GPEA/GPEA
_April_2013.pdf
As a minimum, however a PEA should identify the following:
Designated Sites
Information Sources
Special Areas of Conservation (SACs)
Special Protection Areas (SPAs)
RAMSAR sites
Areas of Special Scientific Interest (ASSI)
National Nature Reserves
Other Important Sites
Spatial NI
https://www.spatialni.gov.uk/
NIEA
http://www.doeni.gov.uk/niea/protected_areas_
home
Information Sources
Sites of Local Nature Conservation Importance
(SLCNI)
DOE Planning Development Plans
http://www.planningni.gov.uk/index/policy/dev_
plans/devplans_az.htm
Ancient and Long Established Woodland
Ancient Woodland Inventory
The Woodland Trust
http://www.backonthemap.org.uk/woodland/inte
ractive+map
Protected Habitats & Species
Habitats and Species Lists
European Protected Species
Schedule 2 - The Conservation (Natural
Habitats, etc.) Regulations (Northern Ireland)
1995 (as amended).
National Protected Species
Schedules within The Wildlife (Northern
Ireland) Order 1985 (as amended)
Northern Ireland Priority Habitats*
http://www.doeni.gov.uk/niea/ni_priority_habitat
s_sep_11.pdf
Northern Ireland Priority Species*
http://www.doeni.gov.uk/niea/northern_ireland_
priority_species_list.pdf
*NIEA will provide Councils with Natural Environment Hazard Maps which provide evidence to highlight some
areas where development is likely to pose a risk to a Northern Ireland Priority Habitat or Priority Species.
The PEA should include a description of any works, such as vegetation clearance, that have
been undertaken at the application site prior to the ecological appraisal that may affect its
findings.
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PRACTICE GUIDE
A Biological Records search of the application site should also be included in the PEA. The
most comprehensive information can be obtained from the Centre for Environmental Data
and Recording (CEDaR) http://www.nmni.com/CEDaR/IRF
Using the results of the PEA and Biological Records Search, please complete Steps 2-3
which will help determine if further survey and assessment work is likely to be required.
Below : Common Spotted Orchid © Christie Greer
Above : Red Shank © Christie Greer Northern
Ireland Priority Species
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NI BIODIVERSITY CHECKLIST
Step 2 Protected Sites and NI Priority Habitats Checklist
Table 2.1 Sites and Habitats Checklist
Question
Please tick as
appropriate
Is the development within 10 km of a Special Area of Conservation (SAC),
Special Protection Area (SPA) or Ramsar Site?
Yes
No
Is the development within 2km of an Area of Special Scientific Interest
(ASSI)?
Yes
No
Will the development produce wind borne deposits that could carry to a
designated site (SAC, SPA, Ramsar, ASSI) or Priority Habitat?
Yes
No
Will the development produce liquid waste that could carry to a designated
site or Priority Habitat?
Yes
No
Is the proposal upstream of a watercourse that feeds into a designated
site or Priority Habitat?
Yes
No
Is the development within 250m of a Priority Habitat, Ancient or Long
Established Woodland or Site of Local Nature Conservation Importance?
Yes
No
If you answer Yes to any of the above questions, complete Table 2.2. If you answer No
proceed to Step 3.
Portstewart Dune System © Christie Greer
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PRACTICE GUIDE
Table 2.2 Sites and Habitats Evaluation
Site / Habitat
Is there a
‘reasonable
likelihood’ that the
development will
affect (either directly
or indirectly) a
protected site prior to
applying mitigation.
Where you have answered ‘yes’ name the site / Priority
Habitat and summarise any possible direct or indirect
effects that may occur during construction or operation.
For SPA’s this includes ‘qualifying species’ occurring
outside of the designated site boundary.
Where you have answered ‘no’ please provide a
concise statement to support your answer.
SAC/SPA/Ramsar
Site
Yes
No
ASSI
Yes
No
Priority Habitats
Yes
No
Ancient or Long
Established
Woodland
Yes
No
Site of Local
Nature
Conservation
Importance
Yes
No
Proceed to Step 3
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NI BIODIVERSITY CHECKLIST
Step 3 Selected Protected Species Checklist.
1. The modification, conversion,
demolition or removal of
buildings which are:
Agricultural buildings (eg
farmhouses, barns and
outbuildings) of traditional brick or
stone construction and/or with
exposed wood beams;
Smooth Newt
Red Squirrel
Common Lizard
Protected and Breeding Birds
Badger
Otters
Bats
Does the application involve:
If you answer Yes there is
‘reasonable likelihood’ of the
following species being
present, for which surveys
may be required.
Table 3.0 Protected Species Checklist
Yes
No
Buildings with weather boarding
and/or hanging tiles that are within
200m of woodland and /or water;
Pre-1960 detached buildings and
structures within 200m of woodland
and/or water;
Pre-1914 buildings within 400m of
woodland and/or water;
Pre-1914 buildings with gable ends
or slate roofs, regardless of
location;
Located within, or immediately
adjacent to woodland and/or
immediately adjacent to water;
Barns or livestock buildings with a
single skin roof and board-and-gap
or Yorkshire type boarding if,
following a preliminary roost
assessment the site appears to be
particularly suited to bats.
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Smooth Newt
Red Squirrel
Common Lizard
Protected and Breeding Birds
Badger
Otters
Bats
If you answer Yes there is
‘reasonable likelihood’ of
the following species being
present, for which surveys
may be required.
PRACTICE GUIDE
2. Development affecting built
structures:
Yes
Tunnels, mines, kilns, ice-houses,
adit, military fortifications, air raid
shelters, cellars and similar
underground structures; unused
industrial chimneys that are unlined
and brick/stone construction;
No
Bridge structures, aqueducts and
viaducts (especially over water and
wet ground).
3. Does the application involve:
new lighting/floodlighting of:
a building/ structure with features
suitable for bats or barn
owl (Any building meeting the
criteria listed in (1) above);
or green space (e.g. sports pitches)
within 50m of woodland, water,
field hedgerows or lines of trees
with connectivity to woodland or
water.
Yes
No
4.Felling, removal or lopping of:
Woodland;
Yes
Field hedgerows and/or lines of
trees with connectivity to woodland
or water bodies;
No
Old and veteran trees that are
more than 100 years old;
Mature trees with obvious holes,
cracks or cavities, or which are
covered with mature ivy (including
large dead trees).
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April 2015
Smooth Newt
Red Squirrel
Common Lizard
Protected and Breeding Birds
Badger
Otters
Bats
If you answer Yes there is
‘reasonable likelihood’ of
the following species
being present, for which
surveys may be required.
NI BIODIVERSITY CHECKLIST
5. Proposals affecting water
bodies:
Yes
In or within 200 m of rivers,
streams, canals, lakes, reedbeds
or other aquatic habitats.
No
6. Proposals for wind farm
developments of multiple wind
turbines and single wind turbines
(depending on the site and
location)
Yes
No
7. All proposals in sites where
bats are known to be present.
Yes
This may include proposed
development affecting any type of
buildings, structures, feature or
location.
No
8. Does the application site
contain or is it adjacent to:
Yes
semi-natural woodland; scrub
thicket; or is it bounded by or
adjacent to
hedgerows of predominantly
native species that are
greater than 1m tall and
0.5m wide?
No
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9. Does the application site
contain or is it adjacent to
a tree/woodland plantation,
including of conifers?
10. Does the application site
contain trees that are:
older than 100 years; trees with
obvious holes, cracks, cavities, rot,
loose bark, or trees with a girth
greater than 1m at chest height?
11. Does the application site
involve disturbance, modification,
demolition or construction on/in
sand pits; quarries; natural cliff
faces; or rock outcrops?
12. Does the application site
contain or is it within 100m of a
pond or other water body (500m for
major developments)? It can be
ephemeral (sometimes dries out).
13. Does the application site
contain or is it adjacent to :
species rich grassland (e.g.
pasture, meadows, parkland)?
14. Does the application site
contain:
previously developed, derelict or
brownfield land?
15. Does the application involve
the modification, disturbance or
removal of:
mature or overgrown gardens;
rough grassland; or scrubland?
16. Does the application involve
the modification, disturbance or
removal of:
Smooth Newt
Red Squirrel
Common Lizard
Protected and Breeding Birds
Badger
Otters
Bats
If you answer Yes there is
‘reasonable likelihood’ of
the following species
being present, for which
surveys may be required.
PRACTICE GUIDE
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
arable field (s) with hedgerows or
grass margins?
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April 2015
17. Does the application site
contain or is it within 50m of:
Smooth Newt
Red Squirrel
Common Lizard
Protected and Breeding Birds
Badger
Otters
Bats
If you answer Yes there is
‘reasonable likelihood’ of
the following species
being present, for which
surveys may be required.
NI BIODIVERSITY CHECKLIST
Yes
coastal habitats including estuary,
rock shore, sand dunes or salt
marsh?
No
18. Does the application contain
or is within 50m to:
Yes
No
Peatlands, wetlands (within 100m)
or heathland?
If you have answered Yes to any of the above questions, further information such as a
.
species survey, a Biodiversity Statement and Mitigation Plan may be required. It is
recommended that applicants seek advice from a qualified ecologist before submitting a
planning application to advise if there is there a ‘reasonable likelihood’ that the
development will affect any species identified.
Any species identified should be named and any possible direct or indirect effects that may
occur during construction or operation summarised.
We would recommend that any species surveys be undertaken in accordance with the
most current Northern Ireland Environment Agency advice. Proceed to Step 4.
If you answered No please provide a concise statement to support your answer and
proceed to Step 5 .
Statement of support
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PRACTICE GUIDE
Step 4 Biodiversity Statement and Mitigation Plan
A Biodiversity Statement and Mitigation Plan Statement should include the following:
1. The Preliminary Ecological Appraisal
2. The following information as appropriate:
 A map showing the location of protected species (depending on the species this
should be in or within 50m of the application site boundary).
 An Extended Phase 1 Habitat Survey which shows the location and extent of
habitats that could be affected by the proposals, together with the features
associated with any protected or NI Priority Species.
 Relevant protected and/or NI Priority Species surveys including results and
methods in accordance with NIEA advice for survey requirements.
 A qualitative evaluation of the value and likely impacts/effects upon each
biodiversity feature. This should adopt the same approach to the evaluation and
identification of impacts as recommended by the Chartered Institute of Ecology
and Environmental Management (CIEEM) in their Ecological Impact Assessment
(EcIA) Guidelines.
 For each biodiversity feature that will be adversely affected mitigation /
compensation proposals detailing:
a. How adverse impacts will be avoided, reduced and/or mitigated;
b. How any residual impacts that cannot be avoided and/or mitigated will be
compensated for;
c. Where appropriate, how mitigation or compensation measures will be
managed and monitored post permission; and
d. Proposals for biodiversity enhancements.
Step 5 Declaration
Applicant/Agent Name:
Signed:
Date:
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Supporting Notes
BS 42020 – a code of practice for biodiversity in planning and development
BS 42020 is a standard developed by the British Standards Institution (BSI) in association
with biodiversity experts and stakeholders from across all sectors. The standard provides
clear recommendations and guidance to ensure that actions and decisions taken at each
stage of the planning process are informed by sufficient and appropriate ecological
information. The BSI has produced a smart guide that provides an introduction to the
benefits of BS 42020. http://www.bsigroup.com/LocalFiles/en-GB/biodiversity/BS-42020Smart-Guide.pdf (PDF, 195KB).
Guidelines for Preliminary Ecological Appraisal
A Preliminary Ecological Appraisal (PEA) has a range of purposes; one key use is in the site
development process to gather data on existing conditions, often with the intention of
conducting a preliminary assessment of likely impacts of development schemes or
establishing the baseline for future monitoring. As a precursor to a proposed project, some
evaluation is usually made within these appraisals of the ecological features present, as well
as scoping for notable species or habitats, identification of potential constraints to proposed
development schemes and recommendations for mitigation. Developers should be advised
and encouraged to enter into discussions with planning authorities as early in the
development process as possible.
A Preliminary Ecological Appraisal indicating, for example, the likely significance of
ecological impacts on a proposed development site will be an important contribution to these
early stages. It will help the developer and the planning authority to agree the appropriate
scope of any subsequent impact assessments, or that ecological impacts will not be a
significant issue in the determination of the application when it is submitted.
http://www.cieem.net/data/files/Resource_Library/Technical_Guidance_Series/GPEA/GPEA
_April_2013.pdf (PDF, 1.23MB).
Ecological Impact Assessment (EcIA) Guidelines
These Guidelines have been developed by the Institute of Ecology and Environmental
Management (IEEM) to promote good practice in Ecological Impact Assessment (EcIA)
relating to terrestrial, freshwater and coastal environments to the mean low water mark in the
UK.
Ecological Impact Assessment is the process of identifying, quantifying and evaluating the
potential impacts of defined actions on ecosystems or their components. If properly
implemented it provides a scientifically defensible approach to ecosystem management.
EcIA may be carried out as part of a formal environmental impact assessment (EIA) or to
support other forms of environmental assessment or appraisal. EcIA should include the
following stages:
 scoping, involving consultation to ensure the widest possible input to the definition of
the scope of an EcIA (in practice, scoping is iterative throughout the EcIA process);
 identification of the likely zone of influence arising from the whole lifespan of the
project;
 identification and evaluation of ecological resources and features likely to be affected;
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PRACTICE GUIDE
 identification of the biophysical changes likely to affect valued ecological resources
and features;
 assessment of whether these biophysical changes are likely to give rise to a significant
ecological impact, defined as an impact on the integrity of a defined site or ecosystem
and/or the conservation status of habitats or species within a given geographical area,
including cumulative impacts;
 refinement of the project to incorporate ecological enhancement measures, mitigation
measures to avoid or reduce negative impacts, and compensation measures for any
residual significant negative impacts;
 assessment of the ecological impacts of the refined project and definition of the
significance of these impacts;
 provision of advice on the consequences for decision making of the significant
ecological impacts, based on the value of the affected resource or feature; and
 provision for monitoring and following up the implementation and success of mitigation
measures and ecological outcomes, including feedback in relation to predicted
outcomes.
http://www.cieem.net/data/files/Resource_Library/Technical_Guidance_Series/EcIA_Guideli
nes/TGSEcIA-EcIA_Guidelines-Terestrial_Freshwater_Coastal.pdf (PDF, 806KB).
European Protected Species
Protected species are a material consideration in the planning process. If a development is
likely to impact on a protected species, survey information should be submitted prior to a
planning decision being made. Please note that for European Protected Species a licence
may be required (post planning permission) in order to carry out the development should
permission be granted. It is important that you refer directly to NIEA, the licensing body, for
further licensing guidance.
However, the Conservation (Natural Habitats, etc) Regulations (Northern Ireland) 1995 (as
amended) also requires the planning authority to consider ‘a number of tests when
determining a planning application that may affect a European protected Species’.
If there is a risk of European Protected Species being impacted by the development the
applicant should submit sufficient evidence to enable these tests to be satisfactorily
addressed by the planning authority.
National Protected Species
Protected species are a material consideration in the planning process. If a development is
likely to impact on a protected species, survey information should be submitted prior to a
planning decision being made. Please note that a licence may be required for a nationally
protected species (post planning permission) in order to carry out the development should
permission be granted. It is important that you refer directly to NIEA, the licensing body, for
further licensing guidance.
Environmental Impact Assessment (EIA)
Where a formal Environmental Impact Assessment (EIA) is required under the EIA
Regulations the Mitigation Plan should be incorporated in to the Ecology chapter of the
Environmental Statement subject to any Scoping Opinion issued by the planning authority.
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Further guidance and advice on survey requirements for the protected species and protected
habitats, can be found at: http://www.planningni.gov.uk/standing_advice.htm.
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NIEA Natural Heritage Division
Klondyke Building
Gasworks Business Park
Cromac Avenue
Ormeau Road
Malone Lower
Belfast
BT7 2JA
T: 028 9056 9604
E: PlanningResponse.Team@doeni.gov.uk
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