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This is Natural England鈥檚 鈥榮tanding advice鈥� for protected wild plants, fungi and lichens. 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

Following this advice:

• avoids the need to consult on the negative effects of planning applications on protected wild plants, fungi or lichens in most cases
• can help you make decisions on development proposals

You may need a qualified ecologist to advise you on the planning application and supporting evidence if it鈥檚 likely that protected wild plants, fungi or lichens are present on the proposed development site. You can find one using either the:

How wild plants, fungi and lichens are protected

Some wild plants are European protected species (EPS), as listed in of the Conservation of Habitats and Species Regulations 2017.听

It is an offence to:听

• deliberately pick, collect, cut, uproot or destroy them听
• possess, or transport them (or any part, alive or dead)听
• sell, exchange or offer for sale or exchange听

The developer must apply for a mitigation licence to carry out any of these actions for any plant that is a EPS.听

Under the Wildlife and Countryside Act 1981, it is an offence to intentionally uproot any wild plant without the landowner鈥檚 or LPA鈥檚 consent.听

For wild plants, fungi and lichens listed in it is an offence to:

• intentionally pick, uproot or destroy them
• possess or transport them (or any part, alive or dead)听
• sell, offer, or publish an advert to sell them

The developer may need a mitigation licence to carry out their proposed activities.听

Many wild plants, fungi and lichens are listed under section 41 of the Natural Environment and Rural Communities Act (2006) and included on the list of species of principal importance in England.

You must consider wild plants, fungi and lichen species as part of your planning decision. Find out more about your biodiversity duty.听

The developer must comply with the legal protection of wild plants, fungi and lichens.

When to ask for a survey

You should ask for a survey if distribution, habitat assessments, or historical records suggest wild plants, fungi or lichens may be present on the proposed development site. You can find records by:听

• by species and location
• visiting the 听
• using local record centres听

You must check if the ecologist is qualified and experienced to carry out surveys for protected wild plants, fungi and lichens. For EPS, the ecologist must hold an EPS mitigation licence if surveys cause any harm to protected wild plants.听

Surveys should be done at an appropriate time of year. This will vary by habitat, species, and location.听

Assess the effect of development on protected plants, fungi or lichens

Developers should submit information with their planning application on how their development proposal avoids or mitigates harm to threatened or protected wild plants, fungi or lichens.听

Negative effects on species听

Some developments can have a negative effect on species including where they:

• kill or damage protected wild plants, fungi or lichens听
• kill or damage certain tree species that host fungi or lichens听
• change the soil, for example by adding rubble or nutrients听
• change the hydrology of the development site (the distribution and movement of water)听
• alter water flow across the development site听
• create or destroy ponds听
• increase shade from buildings or planted shrubs or trees听
• decrease shade or humidity by removing tree cover听
• create chemical pollution, for example from accidental spills听
• change the way habitats are currently managed听
• change the existing plant and seed community

Avoidance, mitigation and compensation measures

Where possible development proposals should avoid negative effects on protected wild plants, fungi and lichens. 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 effects on protected wild plants, fungi and lichens, developers could redesign the development proposal to:

• leave protected wild plants, fungi and lichens in place听
• change the methods of working听
• change the location of the development proposal

Where this is not possible, mitigation and compensation measures could include:

• making sure the development proposal covers a smaller area听
• keeping site traffic to a minimum听
• improving habitats听
• creating new or extending existing areas of habitat听
• moving wild plants to a new location, but only as a last resort听

Any translocation of protected wild plants should follow the Reintroductions and conservation translocations code and guidance in England.

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

Planning and licence conditions

The developer may need to apply for a licence if their activities are likely to affect protected wild plants, fungi or lichens.听

If the development proposal is likely to affect a wild plant, fungi or lichen protected under the Wildlife and Countryside Act 1981, the developer must apply for a protected species mitigation licence.听

If the development proposal is likely to affect an European protected species (EPS) plant, the developer must apply for a EPS mitigation 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 the relevant 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.

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).

Enhance biodiversity

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

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

Site management and monitoring

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

A site management and monitoring plan should include:

• long-term maintenance and management plans for the specific wild plant, lichen or fungus听
• monitoring wild plant, lichen and fungus populations
• reporting outcomes, including remedial work if outcomes are not being achieved