BIODIVERSITY TRIGGER LIST FOR PLANNING
DECISIONS IN SALFORD
INTRODUCTION
This document has been designed to assist development control officers when dealing with
biodiversity issues associated with planning applications in Salford. It is designed to provide basic
information on the kind of issues that may need to be addressed by asking a series of questions
that can generally be answered by looking at proposal maps, OS maps or, in a few circumstances,
from a site visit. It is extremely unlikely that all of the issues outlined in this document will occur at
any one site.
Each question is followed by a series of bullet points that link to information boxes. Each box
contains details on the protection, distribution, planning requirement, action to be taken together
with any additional notes.
Protection
Details of the protection given to a species or site through European
and UK legislation.
Distribution
For species - the likely distribution of a species in Salford and brief
details on the kind of habitats it occurs in. This information should
enable the officer to judge* whether the species is likely to be an issue
on a particular application site.
For each type of protected site - the number of sites and their
distribution across Salford.
Planning Requirement
Details of the information that may be required to be submitted prior to
the planning application being determined. Details of who should be
consulted and when in relation to biodiversity issues.
Action
What action is required after the information detailed in the planning
requirement section has been received.
Note
Any additional information that is not covered above.
Some of the information boxes also contain links to references, contacts, or a more detailed
explanation of a particular point. In addition, there are two links to photographs of invasive
species, Japanese knotweed and giant hogweed. Pictures of all of the species listed have not
been provided to reduce the size of the document but pictures of most of them can be found at the
following website: http://www.arkive.org/species/ARK/
The links in the document work like those on a website, clicking on a link will take you to a new
“page”. Clicking on the “back” icon will return you to your previous place.
*While this document provides basic information, if you are unsure of the answers to these
questions or if you need further advice, please contact the Greater Manchester Ecology Unit
(GMEU) or Planning Policy at Salford City Council.
GMEU
1
13.6.08
BIODIVERSITY TRIGGER LIST FOR PLANNING DECISIONS IN SALFORD
1)
Is the proposal on or adjacent to a designated site?




2)
Do the proposals affect any wildlife corridor/green corridor or other seminatural habitat/open space? Does the application involve the removal of any
vegetation?





3)
Badgers
Reptiles
Little Ringed Plover
Black Redstart
Barn owls
Nesting birds - General
Are the proposals in or adjacent to any river, stream, ditch or other large
water body? Impacts may include direct loss, surface water run-off, discharge of
contaminants and/or increased public pressure.






GMEU
Bats
Barn Owls
Black Redstarts
Nesting Birds – general
Are the proposals on a quarry, industrial wasteland or Brownfield site?






5)
Bats
Badgers
Reptiles
Habitats & Species of Principal Importance in England
Nesting Birds - General
Do the proposals involve any of the following:
Work within the roof space of any building?
Demolition of any building?
Conversion of any building e.g. barn or mill conversions?
Alterations or works to cellars, bridges, culverts, large stonewalls, caves or
mines?




4)
European Sites
SSSIs
SBI
LNRs
Otter
Bats
Water voles
Black Redstart
Nesting Birds - general
Invasive Species
2
13.6.08
6)
Are the proposals directly adjacent to or could they affect a canal? Impacts
may include de-watering, abstraction, works affecting the integrity of the banks,
shading, discharges of contaminants, surface water run-off and/or increased public
access.
 Floating water plantain
 White-clawed crayfish
 Water vole
 Black Redstart
 Invasive species
 European Sites
 SSSI
 SBI
7)
Are the proposals within 250m of a pond or small reservoir (mill lodge)? This
does not include ornamental ponds.



8)
Do the proposals include the felling of any trees and/or scrub or work to any
trees including TPO trees?


9)
Bats
Nesting Birds - general
Do the proposals directly affect or are they on or adjacent to any hedgerow
and/or woodland? Impacts may include loss of trees and scrub, lighting, litter,
noise and/or increased public access.



10)
Great crested newts
Water voles
Nesting Birds - general
Bats
Badger
Nesting Birds - General
Are there any invasive species on the proposed site?

Invasive Species
If you are unsure of the answers to these questions or if you need further advice, please
contact the Greater Manchester Ecology Unit (GMEU) and Marion Raines.
In terms of potential impacts by development on biodiversity features, in the first instance
the approach should be to avoid any impact. However, in some cases this may not be
possible and “mitigation” measures designed to reduce the degree of impact will be
necessary. However, although it may be possible to mitigate to some extent, it should not
be assumed that the proposal is acceptable.
Where species protected by law occur on a site, the applicant may need to apply for an
appropriate licence from Natural England separate to any planning permission.
GMEU
3
13.6.08
GREAT CRESTED NEWT
Protection: European Protected Species - Full at all times under Schedule 2 of the
Conservation (Natural Habitats &c.) Regulations 1994 (as amended).
Distribution: Great Crested Newts are found in ponds and small reservoirs (mill lodges)
throughout Salford. GMEU hold records of known great crested newt locations, although
this data is not comprehensive.
Planning requirement: Major proposals within 250m of a pond/ lodge or minor proposals
within 100m of pond should include a survey for great crested newts. Where known
records for great crested newt occur this should be 500m & 250m respectively. (Note: A
major proposals is one that is more than 10 dwellings or more than 0.5 hectares or for
non-residential development is more than 1000m2 floor area or more than 1 hectare. Such
a survey should be carried out by a surveyor licensed by Natural England (successor to
English Nature) and to the standards laid out in English Nature’s Mitigation Guidelines.
Surveys should be submitted with applications and should include any necessary
mitigation works to demonstrate that the favourable conservation status of the newts can
be maintained.
Action: Consult Natural England and GMEU on results of survey. If it is agreed that
favourable conservation status of newts can be maintained, attach appropriate conditions
and/or planning agreement. Consider other the two tests under Regulations when
determining application. All three tests must be met before planning permission can be
granted.
Note: Since the absence of great crested newts can be very difficult to prove conclusively,
even if newts are not found it may be necessary to attach some conditions to any
permission, e.g. the need for resurvey if the development does not take place within a
certain time frame.
GMEU
4
13.6.08
WATER VOLE
Protection: The water vole is fully protected under Schedule 9 of the Wildlife &
Countryside Act 1981 (as amended).
Distribution: Water voles are likely to occur throughout Salford but records are
concentrated on the mosslands. They can occur in most water bodies including ponds,
lodges, canals, ditches, streams and rivers. GMEU and the Environment Agency hold
records of known water vole locations, although this data is not comprehensive.
Planning Requirement: Any application that is likely to affect, either directly or indirectly,
any waterbody should include a water vole survey. Such a survey should be carried out
by an appropriately experienced ecologist and to standards laid out in the Water Vole
Conservation Handbook. Surveys should be submitted with applications and should
include any necessary mitigation works.
Action: Consult Natural England and GMEU on results of survey. If mitigation can be
agreed, attach appropriate conditions and/or planning agreement.
Note: It may also be necessary to consult the Environment Agency depending on the
location of the application.
FLOATING WATER PLANTAIN (LURONIUM NATANS)
Protection: European Protected Species - It is protected under Schedule 4 of the
Conservation (Natural Habitats, etc.) Regulations 1994 (as amended).
Distribution: This plant species occurs throughout the canal system in Greater Manchester.
In Salford, it is found in the Bridgewater Canal, through Barton and Patricoft.
Planning Requirement: Any proposals that may affect the habitat of this species or the
species itself should either include an up to date survey, undertaken by an appropriately
licensed ecologist together with any necessary mitigation or, since it is difficult to survey for
this species, be designed on the assumption that the plant is present in the canal and
include appropriate mitigation. Surveys and mitigation reports should demonstrate that the
favourable conservation status of the plant can be maintained and be submitted before the
application is determined.
Action: Consult Natural England and GMEU on results of survey. If the mitigation can be
agreed, attach appropriate conditions and/or planning agreement. Consider the other two
tests under the Regulations when determining the application.
GMEU
5
13.6.08
WHITE-CLAWED CRAYFISH
Protection: Limited protection under the Habitats Directive and on Schedule 5 of the Wildlife
& Countryside Act.
Distribution: The distribution of this species is largely unknown across Greater Manchester.
It is found in the Rochdale Canal and Huddersfield Narrow Canal. It is possible that it may
be present in the Bridgewater canal and other waterbodies, but is only likely to be found by
specialist surveys.
Planning Requirement: Where a proposal will involve de-watering of a canal or works to
canal banks or could result in pollution entering the canal, surveys should be undertaken by
an appropriately licensed ecologist and to the standards laid out in Monitoring the White Clawed Crayfish. Surveys and any necessary mitigation should be submitted before the
application is determined.
Action: Consult Natural England and GMEU on results of survey. If the mitigation can be
agreed, attach appropriate conditions and/or planning agreement.
INVASIVE SPECIES – JAPANESE KNOTWEED & GIANT HOGWEED
Legislation: It is an offence under the Wildlife & Countryside Act to plant or cause these
species to grow in the wild. Under the Environmental Protection Act Japanese Knotweed
and Giant Hogweed are classed as “controlled waste” and as such must be disposed of at
a licensed landfill site according to the EPA (Duty of Care) Regulations 1991.
Distribution: Japanese Knotweed is widespread across Salford. It frequently occurs by
watercourses but is also found in many “urban” sites such as Brownfield sites. Giant
Hogweed is less common and is more restricted to watercourses, although it does occur in
other locations notably road verges and railway embankments or where it has escaped
from gardens.
Planning Requirement: If either species is identified on site, attach a condition for the
production of a method statement for their control. Such a statement should be produced
before any development commences on site and should follow current guidelines from the
Environment Agency.
Action: Consult GMEU on method statement.
Note: Giant Hogweed has sap that reacts in sunlight causing skin to painfully burn and
blister. The applicants will also need permission from the Environment Agency before
using herbicide near water.
GMEU
6
13.6.08
OTTER
Protection: European Protected Species - Full at all times under Schedule 2 of the
Conservation (Natural Habitats &c.) Regulations 1994 (as amended).
Distribution: There are currently confirmed records of otter on the River Bollin in Trafford
and the River Goyt in Stockport, with unconfirmed reports in Wigan. Since the national
otter population is currently recovering, new locations may be discovered over time and in
the future otters may return to Salford. Otters are mainly found on rivers, but also use
canals, marshes, small streams, ditches, ponds and lakes. They require rivers with clean
water with an abundant, varied supply of food and plenty of bankside vegetation offering
secluded sites for their holts.
Planning Requirement: If a proposal is likely to impact on a major river or its tributaries, an
assessment of its suitability for otters should be undertaken by an appropriately
experienced ecologist. If the watercourse is considered suitable, a full otter survey should
be undertaken to standards laid out by the national otter survey. Surveys should be
submitted with applications and should include any necessary mitigation works to
demonstrate that the favourable conservation status of the otters can be maintained.
Action: Consult Natural England and GMEU on results of the assessment and any
surveys. If otters are found and any necessary mitigation can be agreed, attach
appropriate conditions and/or planning agreement. Consider the other two tests under the
Regulations when determining the application.
Note: It may also be necessary to consult the Environment Agency.
GMEU
7
13.6.08
BATS
Protection: All species of bats are European Protected Species with full protection at all
times under Schedule 2 of the Conservation (Natural Habitats &c.) Regulations 1994 (as
amended). Bat roosts are also protected, even when unoccupied.
Distribution: Bats are found across Salford and roost in a variety of buildings and
structures. These include:
 Trees with hollows, cracks and cavities
 Culverts
 Chimneys
 Stone or/brick built structures.
 Bridges
 Mines and caves
 Underground structures such as cellars
The only buildings that are unlikely to support bats are:
 Prefabricated buildings with steel or sheet materials such as modern
industrial warehouses or agricultural buildings.
 Flat roof structures with no roof voids or soffit boards.
All other buildings are likely to require a bat survey.
Records of known bat roosts are the South Lancashire Bat Group and GMEU.
Planning Requirement: Any application affecting a building(s), structure(s), or tree(s) that
are likely to be suitable for bats should include a bat survey undertaken by an
appropriately licensed ecologist and to standards laid out in English Nature’s Bat
Mitigation Guidelines. Surveys should be submitted with applications and should include
any necessary mitigation works to demonstrate that the favourable conservation status of
the bats can be maintained.
Where a proposal will affect the foraging habitat of an important roost site but not the roost
itself, appropriate mitigation will also be necessary. It may also be necessary to include a
lighting strategy within an application to limit the impact of lighting on bat activity.
Action: Consult GMEU on results of survey and if bats are found Natural England should
also be consulted. If it is agreed that favourable conservation status of the bats can be
maintained, attach appropriate conditions and/or planning agreement. Consider the other
two tests under Regulations when determining application.
Note: Since the absence of bats can be very difficult to prove conclusively and since bats
move roost sites on a regular basis, even if bats are not found it may be necessary to
attached conditions to any permission, e.g. the need to resurvey immediately prior to
demolition. However inconclusive bat surveys where the site is considered to have a high
or medium potential to support bats are unlikely to be acceptable.
GMEU
8
13.6.08
NESTING BIRDS - GENERAL
Protection: Under the Wildlife & Countryside Act all wild birds are protected when they are
nesting. The protection also applies to their eggs and nests.
Distribution: Wild nesting birds occur across Salford. Nesting birds are likely to be found
in trees, hedgerows, scrub, or grassland. In addition, they may also use barns, mill
buildings or houses. Some birds have more specialised nesting habits for example sand
martins nest in riverbanks or cliff faces. The nesting season is generally taken to be
March to July inclusive in Salford, although some species such as grey heron start nesting
in February, while in warm summers the season for some birds may be extended into
August.
Planning Requirement/Action: Attach a condition to ensure no works take place during the
bird-breeding season (generally March to July inclusive). For sand martins more detailed
mitigation may be necessary, contact GMEU for advice.
Note: Some birds are given full protection under the Act at all times. In Salford the
following birds fall in to this category and may be affected by planning proposals: Barn
Owl; Black Redstart; Little Ringed Plover; and Kingfisher. Other schedule 1 birds that
occur include Bittern, Peregrine Falcon, Black Necked-Grebe, Hobby, Quail, Whooper
Swan, Merlin and Green Sandpiper. These birds are only likely to be affected by planning
proposals on an occasional basis. In these cases, seek advice from GMEU.
BARN OWL
Protection: Barn owls are fully protected at all times under Schedule 1 of the Wildlife &
Countryside Act.
Distribution: There are believed to be approximately 10 pairs of nesting barn owls in
Greater Manchester, the majority of which occur on the mossland. Outside of the
breeding season birds can be found away from their breeding sites. The County Bird
Recorder, Judith Smith, holds data on the location of known barn owl sites.
Barn owls prefer sheltered, dry, undisturbed buildings and each pair has more than one
breeding and roost site within its territory. Equally important to their survival is the
amount of surrounding feeding habitat, including open country, derelict industrial land,
along field edges, riverbanks golf courses and roadside verges.
Planning Requirement: Any application for a barn conversion or conversion of other
suitable buildings should include a barn owl survey. Such a survey should be undertaken
by an appropriately licensed ecologist and at an appropriate time of year. Any proposals
that affect the feeding territory of owls should also include a survey. If barn owls are
found on site appropriate mitigation works should also be submitted before the application
is determined.
Action: Consult GMEU on the results of survey. If barn owls are found Natural England
should also be consulted. If the survey and the mitigation can be agreed, attach
appropriate conditions and/or planning agreement.
GMEU
9
13.6.08
BLACK REDSTART
Protection: Black Redstarts are fully protected at all times under Schedule 1 of the
Wildlife & Countryside Act.
Distribution: Black Redstarts occur on urban Brownfield sites near open water. They
prefer sites which are sparsely vegetated with stony ground and that have vertical
structures such as building gantries. They also prefer sites that have a variety of ledges
or holes for nesting sites. In Greater Manchester they are found mostly within
Manchester City Centre but are also known to occur in Ashton-under-Lyne, Tameside.
Birds have also been recorded in Wigan, Bolton and Stockport. Since they can be
difficult to detect, there is a possibility that the birds are present in Salford, where
suitable habitat exists.
The County Bird Recorder, Judith Smith, holds data on the location of known black
redstart sites.
Planning Requirement: Any proposal on a suitable black redstart site should include a
survey undertaken to the standards laid out in the Greater Manchester Black Redstart
Biodiversity Action Plan. Such a survey should include any appropriate mitigation and
be received before the application is determined.
Action: Consult GMEU on results of survey. If the survey and the mitigation can be
agreed, attach appropriate conditions and/or planning agreement.
KINGFISHER
Protection: Kingfishers are fully protected at all times under Schedule 1 of the Wildlife
& Countryside Act.
Distribution: Kingfishers may occur along any suitable river, stream or canal across
Salford. They nest in holes in riverbanks. The County Bird Recorder, Judith Smith,
holds data on the location of known kingfishers.
Planning Requirement: For any proposal that may impact on riverbanks, canal banks
or riverine habitat surveys for kingfishers should be included. Such a survey should be
undertaken by an appropriately experienced ecologist and at a suitable time of year
(April-July inclusive). Surveys and any necessary mitigation should be received before
the application is determined.
Action: Consult GMEU on the results of survey and if the birds are found Natural
England should also be consulted. If the survey and the mitigation can be agreed,
attach appropriate conditions and/or planning agreement.
GMEU
10
13.6.08
LITTLE RINGED PLOVER
Protection: Little Ringed Plover are fully protected at all times under Schedule 1 of the
Wildlife & Countryside Act.
Distribution: Little Ringed Plover naturally nest on shingle banks near freshwater. They
have subsequently adapted to nest in man-made habitats such as gravel pits and
industrial wasteland. They are an opportunistic breeder so may occur at any suitable
site where sparse vegetation and gravely ground occurs. The County Bird Recorder,
Judith Smith, holds data on the location of known Little Ringed Plovers.
Planning Requirement/Action: On suitable sites where there is nesting or if it is known
to occur, attach a condition for surveys to be undertaken prior to work commencing if
during the bird breeding season (March to July inclusive). At other suitable sites an
informative should also be placed on any permission that if these birds are found
nesting on sites all work must stop until after the birds have finished nesting.
REPTILES – GRASS SNAKES, ADDERS, SLOW WORMS & COMMON LIZARDS
Protection: Limited protection under the Wildlife and Countryside Act (protected against
intentional killing, injury or sale).
Distribution: There are occasional records of reptiles across Greater Manchester. They
may be found on a variety of sites including: heathland, moorland, woodlands, disused
allotments, suburban wastelands, railway embankments, road verges, golf courses,
disused quarries, wild gardens and stone walls. In addition, grass snakes favour areas
associated with water.
Planning Requirement: Where there is a reasonable expectation that reptiles are likely
to be present (such as a record from a reputable source) or an existing record, surveys
for these species should be undertaken. Such surveys should be undertaken by an
appropriately experienced ecologist and to standards laid out by Froglife. Surveys and
any necessary mitigation should be submitted prior to the application being determined.
Action: Consult GMEU on the results of survey. If the survey and the mitigation can be
agreed, attach appropriate conditions and/or planning agreement.
Note: Further guidelines on reptiles and development are available from Natural
England.
GMEU
11
13.6.08
BADGERS
Protection: Badgers and their setts are protected under the Protection of Badgers Act
1992. While this protection largely relates to welfare issues, badgers are still
considered a protected species and are therefore a material consideration when
determining planning applications.
Distribution: Badgers occur throughout Salford. Badger setts tend to occur in areas
where there is cover such as woodlands or scrub but they are also found in disused
quarries, railway embankments or open grassland. They are not restricted to rural
areas and often use gardens as a part of their foraging habitat.
GMEU hold records of known badger locations, although this data is not
comprehensive. Local badger groups also hold such information.
Planning Requirement: On suitable sites, or in areas where there is a known badger
population, surveys for the presence of badgers should be undertaken. Surveys should
be undertaken by an experienced badger consultant at an appropriate time of year.
Surveys should include an area of at least 30m outside of the application site. For some
sites or proposals it may be necessary to undertaken more detail survey work such as
bait marking. This type of survey should be undertaken using standard methodology.
Surveys and any necessary mitigation should be submitted prior to the application being
determined. Mitigation should include, where appropriate, protection of setts and
protection of foraging/access routes across sites.
Action: Consult Natural England and GMEU on results of the survey. If the mitigation
can be agreed, attach appropriate conditions and/or planning agreement.
Note: A licence may also be required from Natural England if the proposals include
works within 30m of a badger sett. Licences are generally not issued for works between
the beginning of December and the end of June (see Badgers and Development for
more information).
Note: Details of the locations of badger setts should not be placed on the public record,
due the persecution the species suffers. Wherever possible reference in public
documents should refer to “a species specially protected by law” or a “protected
species”.
GMEU
12
13.6.08
HABITATS & SPECIES OF PRINCIPAL IMPORTANCE IN ENGLAND
Protection: Under Section 41 of the Natural Environment and Rural Communities Act
2006, the Secretary of State for Environment, Food and Rural Affairs is obliged to list
those habitats and species considered to be of principal importance for the conservation
of biological diversity in England. The current list was published in 2008 and will be kept
under review. The full list of Habitats and Species is published by Defra (S41).
These species and habitats are sometimes referred to as Section 41 Species and
Habitats (S41). (They may also be referred to as Section 74 Species and Habitats after
the section in the Countryside & Rights of Way Act, where they were first introduced).
Some of these habitats and species may also be protected by other legislation.
Distribution: Not all of the habitats and species listed under Section 41 occur in Greater
Manchester. Those habitats, as defined by the UK BAP, that may occur in Salford are
listed below, with those known to occur in bold




Arable field margins
Hedgerows
Lowland fen
Lowland meadows





Lowland raised bog




Ponds
Rivers
Wood-Pasture & Parkland


Eutrophic standing waters
Lowland dry acid grassland
Lowland heathland
Lowland mixed deciduous
woodland
Open mosaic habitats on
previously developed land
Reedbeds
Wet woodland
There are now 940 species listed under Section 41. Of these the most relevant to
planning decision in Salford are listed below with confirmed species in bold:

















GMEU
Common Toad
Adder
Common Lizard
Hedgehog
Brown hare
Noctule
Brown Long-eared
bat
Linnet
Tree pipit
Cuckoo
Reed bunting
Yellow wagtail
Curlew
Tree sparrow
Willow Tit
Song thrush
Lapwing







Great Crested Newt
Grass Snake
Slow Worm
Water Vole
Otter
Soprano Pipistrelle
Bullfinch










Skylark
Lesser Redpoll
Corn bunting
Yellowhammer
Spotted flycatcher
House sparrow
Grey partridge
Dunnock (Hedge Accentor)
Starling
Nightjar
13
13.6.08



White-clawed crayfish
Grasswrack pondweed
Floating water
plantain


Amara famelica – a ground beetle
Tortula freibergii – Freiberg’s screw-moss
There are also 4 species of fish, 2 other species of beetle, 3 species of butterfly, 2
molluscs, 1 byrozoan, 4 other species of plant, 1 other bryophyte, 49 species of moth and
several other bird species that are on the list, which occur in Greater Manchester and
could also be found in Salford.
Planning Requirement: Planning Policy Statement on Biodiversity and Geological
Conservation (PPS9) states that planning authorities should ensure that Section 41 (S74)
species are protected from the adverse effects of development, where appropriate, by
using planning conditions and obligations. It also states that planning authorities should
refuse permission where harm to the species or their habitat would result unless the need
for, and benefits of, the development clearly out weigh that harm. In relation to Section 41
habitats the statement says that local authorities should protect networks of natural
habitats from development, and where possible, strength or integrated them within
development.
Planning applications that may affect such species or habitats should therefore include
appropriate surveys, undertaken by an appropriately experienced ecologist and at the
correct time of year. These surveys should be submitted with the application together with
any necessary mitigation measures.
Action: Consult GMEU on the results of the survey and proposed mitigation.
The application should be refused if the harm to the species or their habitat is not clearly
outweighed by the need for, and the benefits of the development. If the development will
result in the isolation or fragmentation of a Section 41 habitat the application should be
refused unless there is appropriate mitigation / compensation include.
If the mitigation can be agreed, attach appropriate conditions and/or planning agreement.
Note: The Natural Environment and Rural Communities Act 2006 states that a local
authority must, in exercising its functions, have regard, so far as is consistent with the
proper exercise of those functions, to the purpose of conserving biodiversity.
Section 74 of the Countryside & Rights of Way Act has been superseded by Section 41 of
the Natural Environment and Rural Communities Act 2006. However, PPS9 published
before the latter act, refers to the older legislation.
GMEU
14
13.6.08
EUROPEAN SITES – SPAs & cSACs
Protection: Both Special Protection Areas of Birds (SPAs) and Special Areas of
Conservation (SACs) are classed as European sites. SPAs are classified under the Birds
Directive while SACs are designated under the Habitats Directive. Protection of these
sites in Britain is given through the Conservation (Natural Habitats &c.) Regulations 1994
(as amended).
Distribution: There are currently no European sites within Salford. However, Bedford &
Astley Mosses in Wigan has been designated as a part of the Manchester Mosses SAC.
Development within Salford could potentially affect this SAC.
Planning Requirement: Under Regulation 48(1) of the Habitats Regulations any plan or
project that may affect a European Site requires an appropriate assessment to be
undertaken where the plan or project:
a.
Either alone or in combination with other plans or projects would be likely to
have a significant effect on a European Site, and
b.
is not directly connected with the management of the site for nature
conservation.
Such an appropriate assessment should be undertaken before any competent authority
grants consent, permission or authorises the plan or project. Developments that would
otherwise be permitted development have the same requirement.
The appropriate assessment must be undertaken by a competent authority. Local
authorities are included in the list of competent authorities under the legislation. The plan
or project does not have to be located within the European Site to require an appropriate
assessment; the proposal may be in a different local authority area for example. The
developer or proposer of the plan is required to provide relevant information in order for
the appropriate assessment to be made.
Action: Where any proposal may have an affect on a European Site:
1. Undertake an appropriate assessment.
2. Consult Natural England on the proposal and have regard to their
representations (a legal requirement).
3. Identify what the effects of the proposals are likely to be.
4. Decide whether the proposal would adversely affect the integrity of the site,
in light of its conservation objectives.
5. Should an adverse effect be predicted, consider whether the proposals can
be modified or whether conditions or restrictions could be imposed to avoid
this.
6. Conclude whether, in light of any modifications, conditions or restrictions,
the proposal would adversely affect the integrity of the site. If yes, refuse
permission. If no, grant permission with appropriate conditions etc but notify
Natural England before any permission or consent is granted.
7. Complete a record of the appropriate assessment and notify Natural
England of its conclusions.
This advice is a brief summary of the steps that need to be taken. More detailed
guidance can be found in the series of Habitat Regulations Guidance Notes issued by
Natural England.
GMEU
15
13.6.08
Note: Sites may be covered by more than one designation. A site may be both a SPA and
an SAC, for example, if it qualifies under the differing criteria for both Directives. European
Sites must be designated as a SSSI and may have other ecological value in addition to the
reasons for the European designation. Therefore, any assessment of proposals that affect a
European Site must also consider the impact on the SSSI.
The requirements under Regulations 48(1) also apply to the reviews of existing planning
permissions and other consents that are required under the Habitats Regulations.
GMEU
16
13.6.08
SSSIs
Protection: Sites of Special Scientific Interest (SSSIs) are protected through the Wildlife &
Countryside Act, as amended by the Countryside & Rights of Way Act. They may be
designated for their geological value as well as their ecological value.
Distribution: There are currently no SSSIs in Salford. However, it is understood that
Natural England is considering the designation of a central part of Botany Bay Wood as a
SSSI. The potential designation as a SSSI relates to a very large heronry within the middle
of the wood. In addition, Astley and Bedford Moss SSSI lies within close proximity to the
Salford boundary and development within Salford could potentially affect this site.
Planning Requirement: Development proposals in or that are likely to affect SSSIs must be
subject to special scrutiny. Applicants should be advised to consult Natural England
directly prior to any planning application being submitted to the Council. Local authorities
must consult Natural England once any such proposal has been submitted.
Any proposal should include surveys relevant to the interest of the particular SSSI, an
assessment of the likely impacts of the proposals and any mitigation measures. This
information should be received prior to the application being determined.
Action: After consultation with Natural England:

If the impact of the proposal can be mitigated and the mitigation has been agreed by
Natural England, attach appropriate conditions and/or planning agreement to any
permission.

If proposals are likely to have an adverse affect, either directly or indirectly, on the
SSSI and the reasons for the development do not clearly outweigh the nature
conservation value of the site itself and the national policies to safeguard such site
the application should be refused.

Natural England should be informed of any decisions relating to the proposals.
Note: The Secretary of State will normally call-in proposals that are likely to have a
significant effect on a SSSI.
Sites may be covered by more than one designation. A SSSI may also be a European Site
(SPA and/or SAC), a LNR or an SBI. The boundaries of these designations may not
necessarily be the same and the reasons for designation may differ.
GMEU
17
13.6.08
SBIs
Protection: Sites of Biological Importance (SBIs) are protected through policies in
Unitary Development Plans (UDPs) and are recognised by central government as an
important ecological resource (PPS9).
Distribution: There are currently 33 SBIs within Salford and their locations are shown on
the UDP proposals map, although some SBIs have been identified subsequently to the
production of the UDP and there is a need to check the SBI Register. The Register of
sites is maintained by GMEU on behalf of the City Council.
SBIs are assigned one of three grades:
Grade A – of regional or county importance
Grade B – of district importance
Grade C –– of importance within the identified geographical locality
Planning Requirement: Any proposal that may affect a SBI, either directly or indirectly
should be accompanied by surveys relevant to the interest of the particular SBI, an
assessment of the likely impacts of the proposals and any proposed mitigation
measures.
This information should be received prior to the application being
determined. The level of mitigation required and the weight that should given to the
designation will be dependent on the grade of a particular site, the type of habitats and
species it supports and the nature/extent of the development impact.
GMEU should be consulted on any proposal affecting an SBI. GMEU would normally
expect to see a buffer zone of a minimum of 10 metres between any development and
an SBI. In some instances a greater buffer zone may be required, depending on the
topography of the site and the type of proposal.
Action: If the impact of the proposal can be mitigated and the mitigation has been
agreed by GMEU, attach appropriate conditions and/or planning agreement to any
permission.
If the proposals are likely to have an adverse affect, either directly or indirectly, on the
SBI that cannot be mitigated and the reasons for the development do not clearly
outweigh the nature conservation value of the site itself, and the UDP policies that
safeguard such sites, the application should be refused.
Note: SBIs and SSSIs may overlap. An SBI may, for example include additional areas
to a SSSI. Therefore, any assessment of proposals that affect a SSSI should also
consider the impact on the SBI.
GMEU
18
13.6.08
LNRs
Protection: Local Nature Reserves (LNRs) are designated under the National Parks &
Access to the Countryside Act 1949. They are declared by local authorities after
consultation with Natural England. They are also protected through policies in Unitary
Development Plans (UDPs). They may be designated for their geological value as well as
their ecological value.
Distribution: There are currently five LNRs in Salford. These are:





Blackleach Country Park
Clifton Country Park
The Cliff/Kersal Dale
Worsley Woods
Kersal Moor
Planning Requirement: Any proposal that may affect a LNR, either directly or indirectly,
should be accompanied by surveys relevant to the interest of the particular LNR, an
assessment of the likely impacts of the proposals and any proposed mitigation measures.
This information should be received prior to the application being determined. The level of
mitigation required will be dependent on the type of habitats and species it supports.
Action: Consult Natural England and GMEU.
If the impact of the proposal can be mitigated and the mitigation has been agreed by the
above organisations, attach appropriate conditions and/or planning agreement to any
permission.
If the proposals are likely to have an adverse affect, either directly or indirectly, on the
LNR that cannot be mitigated and the reasons for the development do not clearly outweigh
the nature conservation value of the site itself, and the UDP policies that safeguard such
sites, the application should be refused.
Note: In most cases LNRs will include all or parts of one or more SBIs.
GMEU
19
13.6.08
EUROPEAN PROTECTED SPECIES
If a European protected species is found on site, then under the Habitats Directive and the
Conservation (Natural Habitats, &c.) Regulations 1994 (as amended) which enacts the
Directive into the UK, a licence is required from DEFRA to derogate the terms of this
legislation. Before a licence can be granted three tests must be satisfied. These are:
i)
That the development is “in the interest of public health and public safety, or for other
imperative reasons of overriding public interest, including those of a social or
economic nature and beneficial consequence of primary importance for the
environment”;
ii)
That there is “no satisfactory alternative”;
iii)
That the derogation is “not detrimental to the maintenance of the populations of the
species concerned at a favourable conservation status in their natural range”.
In considering planning applications that may affect European Protected Species, Local
Planning Authorities are bound by Regulation 3(4) of the Conservation (Natural Habitats,
&c.) Regulations to have regard to the Habitats Directive when exercising their function.
Defra Circular 2/2002 gives guidance to local authorities on how these issues should be
considered. All three tests must be satisfied before planning permission is granted on a
site. PPS9 and its accompanying documents also provide advice on how local authorities
should deal with European Protected species.
From August 2007, Local Planning Authorities will be required to submit a detailed
statement on the first two tests with any licence application for European Protected
Species.
FURTHER INFORMATION
Lists of ecological consultants are held by the Greater Manchester Ecology Unit.
These lists should not be regraded as a recommendation for any particular
consultancy.
Great Crested Newt Mitigation Guidelines – English Nature (2001). Available
from Natural England’s Website (www.naturalengland.org.uk)
Water Vole Conservation Handbook (2nd Edition) – Rob Strachan and Tom
Moorhouse (2006). Published by the Wildlife Conservation Research Unit.
Monitoring the White-Clawed Crayfish – Peay S (2003) Conserving Natura 2000
Rivers. Monitoring Series No 1, English Nature, Peterborough.
(www.english-nature.org.uk/LIFEinUKRivers/publications/crayfish_monitoring.pdf )
New Guidance for Local Authorities on European Protected Species and
Changes in Licensing Procedures – Defra Circular 2/2002. HSMO.
Otter Survey of England 1991-1994. A report on the decline and recovery of
the otter in England and its distribution, status and conservation 1991-1994. –
Strachan, R and Jefferies, D.J. (1996). The Vincent Wildlife Trust, London.
GMEU
20
13.6.08
Bat Mitigation Guidelines – English Nature (2004). Available from Natural
England’s Website (www.naturalengland.org.uk)
Black Redstart Site Survey Protocol Techniques –
www.gmbp.org.uk/site/images/stories/pdf/Black%20Redstart%20BAP.pdf
The use of marked bait in studies of the territorial organization of the
European Badger (Meles meles) – Delanay et al (2000) Mammal Review volume
30, 73-87. Mammal Society.
Badgers and Development – English Nature (2002). Available from Natural
England’s Website (www.naturalengland.org.uk)
Reptile Survey . An introduction to planning, conducting and interpreting
surveys for snake and lizard conservation - Froglife Advice Sheet 10. (Available
from http://www.froglife.org/)
Reptiles: Guidelines for Developers – English Nature 2004. Available from
Natural England’s Website (www.naturalengland.org.uk)
Natural Environment and Rural Communities Act 2006 - Section 41: List of
habitats and species of principal importance in England - DEFRA 2008
(www.defra.gov.uk/wildlife-countryside/biodiversity/sect41-nerc.htm)
CONTACTS
Greater Manchester Ecology Unit
Natural England (Cheshire to Lancashire)
Environment Agency
Salford City Council (Planning Policy)
Judith Smith, County Bird Recorder
South Lancashire Bat Group
GMEU
21
0161 3719171
01642 820342
01925 540000
0161 7933782
01942 712615
records.slbg@talktalk.net
13.6.08
PICTURES
Giant Hogweed
Japanese knotweed
GMEU
22
13.6.08