Invertebrates: advice for making planning decisions
How to assess a planning application when there are invertebrates on or near a proposed development site.
Applies to England
This is Natural England’s ‘standing advice’ 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.
Following this advice:
- avoids the need to consult on the impacts of planning applications on invertebrates 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. You can find one using either the:
- Chartered Institute of Ecology and Environment Management (CIEEM) directory
- Environmental Data Services directory
Read the specific guidance for:
How invertebrates are protected
The developer must comply with the legal protection of invertebrates.
Some invertebrates are protected as European protected species (EPS). These are:
- large blue butterflies (eggs, caterpillars, chrysalises and adults)
- Fisher’s estuarine moths (eggs, caterpillars, chrysalises and adults)
- little ramshorn whirlpool snails
EPS are protected under the Conservation of Habitats and Species Regulations 2017.
It is an offence to:
- deliberately kill, injure, disturb or capture them
- deliberately destroy their eggs
- damage or destroy their breeding sites and resting places (even when invertebrates are not present)
- possess, control or transport them (alive or dead)
For these 3 species, it is also an offence under the Wildlife and Countryside Act (WCA) 1981 to intentionally or recklessly:
- disturb them while they occupy a structure or place used for shelter or protection
- obstruct access to a place of shelter or protection
When these species are found on sites, the sites are usually designated as sites of special scientific interest (SSSIs) and special areas of conservation (SACs). Check if the proposal is on a protected site using the Magic map.
Many other invertebrate species are protected under schedule 5 of the Wildlife and Countryside Act 1981. For those listed in schedule 5, it is an offence to intentionally:
- kill, injure or take them
- possess or control them (alive or dead)
It is also an offence to intentionally or recklessly:
- damage or destroy a structure or place used for shelter or protection
- disturb them in a place used for shelter or protection
- obstruct access to a place used for shelter or protection
Many invertebrates are listed as rare and most threatened species under Section 41 of the Natural Environment and Rural Communities Act (2006). You must have regard for the conservation of Section 41 species as part of your planning decision. Find out more about your biodiversity duty.
For protected species, the developer may need a wildlife licence to carry out their proposed activity.
When to ask for a survey
You should ask for a survey if distribution and historical records suggest protected invertebrates may be present - you can search the National Biodiversity Network Atlas by species and location
Absence of a record does not mean there are no invertebrates. It could mean there is no survey data available for that location.
Invertebrates exist in all habitats, but certain habitat types are of very high value and should be considered in survey plans. These include:
- woodland that supports mature and ancient trees
- semi-natural vegetation
- wetland
- coastal areas
- open mosaic habitat on previously developed land
Small areas of habitat can be of high value to all invertebrates, whether they are protected or not. This means even small-scale developments can harm species such as:
- large blue butterflies
- Fisher’s estuarine moths
- little ramshorn whirlpool snails
Natural England provides a framework for surveying terrestrial and freshwater invertebrates for conservation evaluation.
You must check if the ecologist is qualified and experienced to carry out surveys for invertebrates. CIEEM publishes:
The ecologist should also follow the Biodiversity code of practice for planning and development (BS 42020:2013) available on the British Standards Institute website. These documents may not be accessible to assistive technology.
Assess the effect of development on invertebrates
Developers should submit qualitative and quantitative information with their planning application on how their development avoids or mitigates harm to invertebrates. They should make sure ecologists provide a detailed site-specific analysis of invertebrates at the site, rather than just providing an inventory of species.
The Pantheon database holds data on invertebrates that helps you assess if the site is of good quality habitat by using a scoring system. This helps you decide how much harm the proposal might have on a site if it scores highly as rare invertebrate habitat. Ecologists enter their survey data into Pantheon to determine the scores.
Avoidance, mitigation and compensation measures
Look for examples of avoidance, mitigation or compensation plans in the development proposal.
To avoid possible effects on invertebrates, developers could redesign the proposal to:
- leave important invertebrate habitats in place
- alter the timing of works
- change the methods of working
Simple mitigation and compensation measures could include:
- reducing the scale of the impact by minimising the footprint of the development
- creating new habitat, based on the impact to the site’s most valuable resource, such as its nectar and pollen or nesting qualities
- phasing of works and restoration activity to provide habitat continuity
- maintaining sufficient suitable habitat, such as re-using soils and substrates, to support the species in the local area
More detailed measures should be species specific.
If there is no reasonable alternative habitat close by, the proposal could include capturing invertebrates and moving them to a different location, known as translocation. Moving invertebrates should be a last resort. The new habitat must be capable of supporting the invertebrates. The proposal should include evidence that moving invertebrates would benefit their conservation.
For more information on mitigation plans and compensation measures, read the planners guide for protected species and development.
Planning and licence conditions
The developer must apply for a EPS mitigation licence if the proposal affects:
- large blue butterflies
- Fisher’s estuarine moths
- little ramshorn whirlpool snails
If the proposal is likely to affect any other invertebrate protected under the Wildlife and Countryside Act 1981, the developer must apply for a wildlife licence.
If the proposal includes ditch maintenance, the developer must have a licence if little ramshorn whirlpool snails are affected.
Before you can grant planning permission, you must:
- make sure any mitigation or compensation conditions you impose are not likely to conflict with the requirements of a wildlife licence
- be confident that Natural England will grant a wildlife licence
You can find more information in the guidance on protected species and development: advice for local planning authorities.
You do not need to consult Natural England on the wording or discharge of any conditions you impose on a planning proposal. Natural England is unable to provide advice on this.
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 a net gain in biodiversity through good design, such as green roofs, street trees or sustainable drainage
Site management and monitoring
You should consider the need for site monitoring and management. 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 site
- monitoring the site for several years after development
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.
Each plan should be species specific and will depend on the scale of the development and the effect it would have on the species.
Last updated 25 October 2023 + show all updates
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Page updated because of new requirements for protected species mitigation licences for animals and plants in schedule 5 and schedule 8 of the Wildlife and Countryside Act 1981 (brought in by the Environment Act 2021).
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First published.