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This is Natural England鈥檚 鈥榮tanding advice鈥� for invertebrates. It is a material planning consideration for local planning authorities (LPAs). You should take this advice into account when making planning decisions. It forms part of a collection of standing advice for protected species.

You should read this guidance alongside Protected species and development: advice for local planning authorities听

Following this advice:听

• avoids the need to consult on the impacts of planning applications on invertebrates in most cases听
• can help you make decisions on development proposals听

You may need a qualified ecologist to advise you on the planning application and supporting evidence. You can find one using either the:听

• 听
• 听

How invertebrates are protected听

The developer must comply with the legal protection of invertebrates.

Some invertebrates are European protected species (EPS) protected under the Conservation of Habitats and Species Regulations 2017. These include:听

• large blue butterflies (eggs, caterpillars, chrysalises and adults)听
• Fisher鈥檚 estuarine moths (eggs, caterpillars, chrysalises and adults)听
• little whirlpool ramshorn snails听

Some freshwater pearl mussels and white-clawed crayfish populations are qualifying features of Special Areas of Conservation (SACs) and therefore receive further protection under the Conservation of Habitats and Species Regulations 2017.听You can read on the Joint Nature Conservation Committee鈥檚 website which SACs have and as a qualifying feature.听

These 2 species are not included in this invertebrates guidance. Read the separate guidance for:听

• freshwater pearl mussels听
• white-clawed crayfish

It is an offence to:听

• deliberately kill, injure, disturb or capture them听
• deliberately take or destroy their eggs听
• damage or destroy their breeding sites and resting places (including when invertebrates are not present)听
• possess, control or transport them (or any part, alive or dead)听
• sell, exchange, offer to sell or exchange听

For large blue butterflies and Fisher鈥檚 estuarine moths, it is also an offence under the Wildlife and Countryside Act (WCA) 1981 to intentionally or recklessly:听

• disturb them while they occupy a structure or place used for shelter or protection听
• obstruct access to a place used for shelter or protection听
• possess or transport them (or any part, alive or dead)听
• sell, offer, or publish an advert to sell them听

Many other invertebrate species are protected under . For those listed in schedule 5, it is an offence to intentionally:听

• kill, injure or take them听
• possess or control them (alive or dead)听

It is also an offence to intentionally or recklessly:听

• damage or destroy a structure or place used for shelter or protection听
• disturb them while they occupy a structure or place used for shelter or protection听
• obstruct access to a structure or place used for shelter or protection听
• possess or transport them (or any part, alive or dead)听
• sell, offer, or publish an advert to sell them听

Many invertebrates are included on the list of species of principle importance in England听under section 41 of the Natural Environment and Rural Communities Act (2006).听Some species are listed as critically endangered. Find out more by checking the . These documents may not be accessible to assistive technology.听

You must consider the conservation of invertebrates as part of your planning decision. Find out more about your biodiversity duty.听

For protected species, the developer may need an invertebrate mitigation licence to carry out their proposed activity.听

When to ask for a survey听

You should ask for a survey if distribution and historical records suggest protected invertebrates may be present.听You can by species and location听

Absence of a record does not mean there are no invertebrates. It could mean there is no survey data available for that location.听

Invertebrates exist in all habitats, but certain habitat types are of very high value and should be considered in survey plans. These include:听

• a group of trees or woodlands that support mature and ancient trees 听
• semi-natural vegetation, especially in mixed habitats听
• wetlands听
• coastal areas, such as saltmarshes, soft rock cliffs and shingle bars听
• mosaic habitat of grassland and scrub听
• 听

Small areas of habitat can be of high value to all invertebrates, whether they are protected or not. This means even small-scale development proposals can harm species such as:听

• large blue butterflies听
• Fisher鈥檚 estuarine moths听
• little whirlpool ramshorn snails听

Natural England provides a framework for .听

If a survey is needed you must check if the ecologist is qualified and experienced to carry out surveys for invertebrates. CIEEM publishes听advice on the 听

Assess the effect of development on invertebrates听

Developers should submit information with their planning application on how their development proposal avoids or mitigates harm to invertebrates.听

Ecologists should provide a detailed site-specific analysis of invertebrates at the development site, rather than just providing an inventory of species.听

The holds data on invertebrates that helps you assess if the development site is of good quality habitat by using a scoring system.听Ecologists enter their survey data into Pantheon to find out the scores.听

This helps you decide how much harm the development proposal might have on a development site if it scores highly as rare invertebrate habitat.

Avoidance, mitigation and compensation measures听

Where possible development proposals should avoid negative effects on invertebrates.听Where this is not possible, the developer will need to include adequate mitigation or, as a last resort, compensation measures in their development proposal to allow you to make a planning decision.听

To avoid possible negative effects on invertebrates, developers could redesign the development proposal to:听

• leave any invertebrate habitats in place听
• alter the timing of works听
• change the methods of working听
• minimise effects from artificial light at night and the impact of any other pollution听
• avoid use of chemicals on the development site for example to clear vegetation听

Simple mitigation and compensation measures could include:听

• reducing the scale of the impact by minimising the footprint of the development听
• creating new habitat, based on the impact to the development site鈥檚 most valuable resource, such as its nectar and pollen or nesting qualities听
• maintaining areas of mosaic habitat or areas rich in pollen within the development site听
• phasing of works and restoration activity to provide habitat continuity听
• maintaining sufficient suitable habitat, such as re-using soils and substrates, to support the species in the local area听

More detailed measures should be species specific.听

If there is no reasonable alternative habitat close by, developers could consider听translocation (moving species from one place to another). Developers must get advice from a suitably qualified invertebrate ecologist when considering translocation. Moving invertebrates should be a last resort. The new habitat must be capable of supporting the invertebrates. The translocation proposal should include evidence that moving invertebrates would benefit their conservation.听

For more information on mitigation plans and compensation measures, read Protected species and development: advice for local planning authorities.听

Planning and licence conditions听

The developer may need to apply for a licence if their activities are likely to affect invertebrates.听

The developer must apply for a EPS mitigation licence if the development proposal affects:听

• large blue butterflies听
• Fisher鈥檚 estuarine moths听
• little whirlpool ramshorn snails听

If the development proposal includes ditch maintenance and little whirlpool ramshorn snails are affected, the developer must have a licence.

If the development proposal is likely to affect any other invertebrate protected under the Wildlife and Countryside Act 1981, the developer must apply for a wildlife licence.听

You may also need to add mitigation or compensation strategies as a condition of planning permission. Before you can grant planning permission, you must:听

• work with the relevant ecologist to make sure these conditions do not conflict with the requirements of a wildlife licence听
• be confident that Natural England will grant a wildlife licence 鈥� read section 4 of Protected species and development: advice for local planning authorities

You do not need to consult Natural England on the wording or discharge (approval) of any conditions you impose on a development proposal. Natural England is unable to provide advice on this.听

Natural England will not generally issue a licence until planning conditions relating to protected species have been discharged. This applies to conditions that are intended to be and capable of being discharged before development begins.听

Natural England will only confirm if you need a licence when the development proposal is a Nationally Significant Infrastructure Project (NSIP).听

Enhance biodiversity听

To meet your biodiversity duty, you should suggest ways for the developer to:听

• create new or enhanced habitats on the development site听
• achieve improvements in biodiversity through good design听
• follow other relevant plans and strategies for nature

Site management and monitoring听

You should consider the need for site monitoring and management. These measures are likely to be needed by protected species licences.听

A site management and monitoring plan should include:听

• long term maintenance and management plans for the site听
• monitoring the site for several years after development听

This can include carrying out management works to habitats and additional survey work to check that mitigation measures are working as intended, followed by remedial work if needed.听

Each plan should be specific to a species and will depend on the scale of the development proposal and the effect it would have on the species.