For information: Notice of change to Licensing Process for EPS Mitigation Licences
Summary of Change: Natural England is streamlining the EPS licensing process. The requirement for the LPA questionnaire is being removed, and in certain exceptional circumstances, we are replacing the current requirement for full planning (or other relevant consents in non-planning situations) prior to the issue of a European Protected Species (EPS) licence.
This will be a more flexible approach that recognises that full consent may not always be needed before Natural England processes the licence application. This will be balanced by adding a licence condition (where appropriate) that makes the derogation contained in the licence conditional on necessary permissions being obtained before the licensed activities commence.
Background
At present, applicants for licences to undertake works affecting these strictly protected species must submit evidence that full consents are in place with their application. They also submit a document, completed by the Local Planning Authority (LPA), which provides evidence of the basis for any planning decision. We review this document and check that planning matters are fully resolved to our satisfaction before making a licensing decision.
As a regulator committed to meeting Better Regulation principles, Natural England has explored how we might reduce administrative burdens and still ensure that the high level of protection required by this European legislation is maintained. We’ve identified the following change.
New process
The LPA Planning Questionnaire will be replaced by an improved more structured Reasoned Statement: (270kb)
, in which the applicant will provide statements and evidence to demonstrate that:
the proposed activity meets the purpose set out in the legislation and
there are no satisfactory alternatives.
We have modified our guidance on the minimum consent requirements that must be met in order to make a licensing decision. Our advice to applicants will be that, in most cases, they will need full consents e.g. planning permission before they submit an application that will satisfy the three tests set out under the The Conservation (Natural Habitats, &c.) Regulations 1994
.
However, we have acknowledged that, in some circumstances, planning may not be relevant, or that full planning or other consents may not be necessary before we can start to process the application.
This means that an applicant with a proposal that has outline consent or that has yet to obtain any planning permission may be in a position to provide us with sufficient information, assurances and evidence to secure a licence. Before applying, applicants will need to consider, having regard to the information requested in the Reasoned Statement template and our supporting guidance, whether they are in a position to provide the information needed. We will not however be able to process an application if factors such as the development location, timescales, funding, land ownership etc are unclear.
Evidence of the planning position (where appropriate) will be gathered in the Reasoned Statement. Where activities are consented under Permitted Development Rights , the applicant will be required to complete the appropriate sections of the Reasoned Statement.
To balance this change, licences will carry a condition, making the licensee responsible for ensuring that they have all necessary consents/permissions in place in advance of starting the licensed activities. Without the consents, the licence will not be valid. Streamlining our information requirements in this way is made possible by the introduction in August 2007 of legally enforceable licence conditions. A person guilty of breaching a licence condition is now liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both. With these penalties at our disposal it is now less important to see documentary proof that planning matters have been fully discharged before a licence is issued.
This change does not in any way affect the assessment of the licensing tests set out in the legislation, and our compliance activities will include a check on a sample of licences to make sure that licensees are complying with the new condition related to planning consents. This change is part of a wider project which aims to ensure a proportionate, risk-based approach by both regulator and licensed customer.
Important note
This change can only work effectively if unnecessary modifications to licence applications are avoided. To achieve this applicants must propose realistic timeframes that take account of the time needed to discharge the relevant conditions and agreements since in some exceptional cases, we will be issuing licences in advance of the detailed consent.
Timing
We have conducted a consultation with representatives of our customers and local authorities, and our guidance and new documents have been improved following their feedback. We are announcing the new approach today, and we will accept applications under our new process from 16 March 2009. This is to give applicants and their consultants time to read the new guidance and understand the change. We are releasing the new forms now (Feb 09) as we are aware that applications can take some time to prepare, and some applicants will wish to have access to them now. As we do not wish to inconvenience our customers who have already started preparing applications using the current forms, we will continue to accept old-style applications until the end of April 2009. These forms will remain available through our Application forms page until 13 March.
In addition to placing this announcement on our website www.naturalengland.org.uk/ourwork/regulation/wildlife, we have also sent mail shots to LPAs and our applicants (via ecological consultants).
Benefits
Reduced burdens on applicants, LPAs and Natural England
Removal of role duplication with another regulator
Allows Natural England to focus resources more effectively to deliver conservation benefits through advice and more targeted compliance checking
For further information please see the ‘Questions and Answers: (251kb)
’ being released with this statement.
To coincide with the launch of this change, we are also releasing a comprehensive new guidance document ‘How to get a licence: (1mb)’. This document, which covers the process, key messages and licensing policies, is aimed at the licence applicant, generally the ‘developer’, but we expect that it will prove to be a useful summary for professionals such as ecological and planning consultants who support applicants through the licensing process.
In addition, we are providing new improved application forms. These have been updated on the basis of regular customer feedback. Amongst other changes, free-text sections can now be spell-checked and formatted as required.
4 new application forms: Bat: (308kb), Newts: (291kb), Dormice: (292kb), and Other EPS: (285kb).
