Grass snakes, slow worms and common lizards

Advice for local planning authorities on protected species issues in Greater London

Grass snakes, slow worms and common lizards are legally protected species that are likely to be encountered on development sites throughout Greater London wherever suitable habitat occurs.

Grass snakes use a wide variety of habitats, containing open areas where they can bask.  They primarily feed on amphibians and are therefore most frequently found near wet habitats.  Rivers, marshes, damp meadows and still waterbodies such as lakes, ponds, old gravel pits and reservoirs are all potential grass snake habitat.  Grass snakes will also live in drier sites for example open woodland, rough grassland, allotments and heathland, where they feed on small mammals.

Eggs are laid in a warm environment in early summer e.g. compost or manure heaps, rotting logs and less commonly, moss or piles of dead leaves.  Grass snakes hibernate in places such as rubble piles, mammal burrows and tree roots.

Slow worms (a legless lizard) prefer to live in damp and warm habitats.  Woodland, grassland, railway embankments, allotments and gardens all potentially support slow worms.  They are also frequently found on ‘brownfield’ or ‘wasteland’ sites.  Unlike other reptiles, they rarely bask, preferring to stay hidden under the soil or vegetation or debris.  They hibernate in winter under piles of leaves, within tree roots and in ground crevices.

Common lizards or viviparous lizards favour sheltered habitats containing dry, warm places where they can bask in the sunshine.  The majority of lizards are found in grassland, hedgerows, woodland edges, roadsides, and frequently railway embankments and ‘wasteland’ sites.  At night, they shelter within vegetation, beneath logs, stones and other materials, such as carpet.

English Nature London Office 
Devon House, 12-15 Dartmouth Street, Queen Anne’s Gate, London SW1H 9BL
Telephone: 020 7340 4870 Fax: 020 7340 4880
Email: london@english-nature.org.uk

INTRODUCTION

All native reptiles (snakes and lizards) are protected species.  They are protected by specific legislation and through Government planning policy guidance.

The common lizard, slow worm and two snakes, the grass snake and adder all occur in Greater London. Whilst the lizards and grass snake snake are still fairly widespread, adders are exceedingly rare in London, and are found at only a handful of sites. They are all included within a London-wide Reptiles Biodiversity Action Plan, led by English Nature that aims to:
•	Protect and conserve the native reptile populations of Greater London
•	To save the adder from its imminent extinction in Greater London
•	To promote wider awareness of reptile conservation in Greater London

This advice note aims to explain, as simply and briefly as possible, how local planning authorities should employ the legislation and planning policy guidance.  The appendices provide more detailed wording from legislation and guidance, and contact details for relevant organisations.

This note is not intended to be a definitive guide.  Reference to the relevant Acts and Planning Policy Guidance notes is recommended.

This note deals with those reptiles which are regularly encountered in Greater London i.e. grass snakes, slow worms and common lizards.  Adders also occur in London but only in a handful of locations; they have the same legal protection as the above.  Other protected species such as bats and great crested newts are protected by additional legislation and are covered by separate advice notes.

STATUTORY PROTECTION OF GRASS_SNAKES, SLOW WORMS AND COMMON LIZARDS

All reptiles are protected under Section 9 of the Wildlife and Countryside Act 1981 (as amended).

Under this legislation, it is illegal to:

•	Intentionally kill or injure grass snakes, slow worms or common lizards.

Trade in this species is also prohibited under Section 9 (5).

There is no provision for licensing the intentional killing or injuring of grass snakes, slow worms or common lizards during development.  The defence in the Act permits otherwise illegal activity if it is the incidental result of a lawful operation and could not reasonably have been avoided.  Implementation of a valid planning permission is a lawful operation but does not give developers carte blanche to disregard the law.  However, the phrase “could not reasonably have been avoided” provides an important caveat and illustrates why local planning authorities need to have due regard to relevant planning policy guidance.

N.B. Smooth snakes and sand lizards receive additional protection under the Wildlife and Countryside Act 1981 and are also protected under The Conservation (Natural Habitats &c) Regulations 1994. However, as they are not found in London, they will not be discussed in this note.

PROTECTION THROUGH The planning process

Local planning authorities should have due regard to Planning Policy Guidance: Nature Conservation (PPG9).

PPG9 (paragraph 47) states that the presence of a protected species is a material consideration when a local planning authority is considering a development that, if carried out, would be likely to result in harm to the species or its habitat.  (Please see Appendix 1 for fuller text.)

The intention of the planning guidance is to ensure that protected species are safeguarded without the need to invoke the law.  

Planners should use the guidance in PPG9 as a tool to safeguard protected species and their habitat from development or, if the site can be developed, to obtain necessary mitigation.

Development Control

For a local planning authority to be able to determine a planning application that may have an impact on grass snakes, slow worms or common lizards, the planning application must be accompanied by:

(a)	a survey, which identifies presence/likely absence; population size, etc.
(b) 	an assessment of the development’s impact on the reptiles
(c) 	a mitigation strategy, if mitigation is feasible without detriment to the species.

If the application does not include all of the above, the authority should request them prior to determining the application.  

Surveys and mitigation strategies should not be made a requirement of a planning condition or be undertaken after permission has been granted.  Local planning authorities cannot consider protected species issues properly without adequate information.

Provided the necessary supporting information is made available to allow proper determination of an application, the local planning authority should attach planning conditions or obligations as appropriate to help ensure that the intentions of PPG9 are realised.  For example, if an appropriate mitigation strategy is provided as supporting information, a condition should be attached requiring the implementation of a detailed mitigation plan.

Ultimately it is for the developer to ensure compliance with the law during the actual implementation of the development, not the planning authority.  It is for the planning authority to monitor whether planning conditions are being properly discharged.

Unitary Development Plans

The development control system is the first line of defence to secure the effective conservation of the protected species.  Development plans should provide information regarding the position of the local authority on protected species, which developers can use before producing their proposals.

Within local development plans, policies for protected species should give clear guidance about the criteria that applications would have to meet, and the likelihood of planning permission being granted, for proposals affecting protected species.

Such a policy should:

(a)	refer to the Wildlife and Countryside Act 1981 (as amended) and para 47 of PPG9: Nature Conservation, and;
(b)	indicate that there will be a requirement for protected species surveys for development proposals, where appropriate.
 
If there is no policy for protected species, a proposal that harms a protected species or its habitat is not contrary to the development plan, giving the local planning authority less justification for refusing permission or attaching conditions on protected species grounds. 

Key players - their ROLES AND responsibilities

Local planning authorities
•	Take grass snakes, slow worms and common lizards into account as a material consideration when determining planning applications as set out in PPG9.
•	Ensure protected species are taken into account in preparation of Unitary Development Plans, other Local Plans, planning briefs etc.
•	Monitor planning conditions and obligations.

Developers
•	If the presence of grass snakes, slow worms or common lizards is suspected, provide the local planning authority with survey results, an assessment of the development’s impact and a mitigation strategy if necessary.
•	Comply with the legislation and planning conditions.
•	Where possible, incorporate reptile habitat into the built environment to enhance local populations

English Nature London team
•	Provide generic advice to developers and consultants regarding surveys and mitigation.
•	Give guidance to local planning authorities on site-specific issues where reptiles may occur.
•	Provide general advice to local authorities regarding planning applications and forward planning matters such as local development plans.
•	Lead role in the London Reptiles Species Action Plan

APPENDIX 1

STATUTE AND GUIDANCE

Legislation – The Wildlife and Countryside Act 1981 (as amended) transposes into UK law the Convention on the Conservation of European Wildlife and Natural Habitats (commonly the ‘Bern Convention’).  Grass snakes, slow worms and common lizards are listed on Schedule 5 of the 1981 Act.  It is an offence under Section 9 to:

•	Intentionally kill or injure these species 
•	Sell or trade in these species

Planning Guidance - PPG9 (1994) paragraph 47 states:

The presence of a protected species is a material consideration when a local planning authority is considering a development proposal which, if carried out, would be likely to result in harm to the species or its habitat.  Local authorities should consult English Nature before granting planning permission.  They should consider attaching appropriate planning conditions or entering into planning obligations under which the developer would take steps to secure the protection of the species, particularly if a species listed in Annex IV to the Habitats Directive would be affected.  They should advise developers that they must conform with any statutory species protection provisions affecting the site concerned.

APPENDIX 2

STAGES OF THE PLANNING PROCESS FOR A SITE WHERE GRASS SNAKES, SLOW WORMS OR COMMON LIZARDS MAY BE PRESENT

Pre-application stage
1.	Consult with appropriate bodies (e.g. English Nature Area Team, local Wildlife Trust, local Biological Records Centre) on protected species records and/or employ ecological consultants to survey application site for reptiles using best practice techniques.
Responsibility:	Developer	

2.	Employ consultants to assess the impact of the development on any reptiles found to be present and if necessary produce a mitigation package. 
Responsibility:	Developer	
Application stage			   	
3.	Consider validity of survey findings and suitability of proposed mitigation, with advice from English Nature and other relevant conservation bodies if necessary.  Request any additional information and negotiate any required amendments.  Agree the mitigation package with the developer. 
Responsibility:	Local Planning Authority and English Nature	

4.	Determine application in the light of the information provided with regard to PPG9 and the statutory provisions for reptiles.
Responsibility:	Local Planning Authority	

5.	Attach conditions or planning obligations to any planning permission granted to ensure the implementation of the mitigation strategy.
Responsibility:	Local Planning Authority	
Post-application stage				
6.	Manage and monitor to ensure that planning conditions and the mitigation strategy are adhered to. 
Responsibility:	Local Planning Authority/Developer	

APPENDIX 3

USEFUL CONTACTS	

English Nature London Office:

English Nature
Devon House
12-15 Dartmouth Street
London SW1H 9BL

020 7340 4870
london@english-nature.org.uk
	
English Nature National Office:

English Nature
Northminster House
Peterborough
PE1 1UA

01733 455000
www.english-nature.org.uk	

London Wildlife Trust
Skyline House
200 Union Street 
London SE1 0LW

020 7261 0447
www.wildlondon.org.uk
	
GLA Biodiversity Unit:

GLA Strategy Directorate
City Hall
The Queen’s Walk
London SE21 2AA

020 7983 4000	
Froglife
Mansion House
27-28 Market Place
Halesworth
Suffolk
IP 8AY

01986 873733
www.froglife.org	The Herpetological Conservation Trust
655a Christchurch Road
Boscombe
Dorset
BH1 4AP

01202 391319
www.herpconstrust.org.uk	

FURTHER INFORMATION

The English Nature leaflet Reptiles in Your Garden, provides general advice and has details of species identification. This leaflet is available free from English Nature’s Enquiry Service (Tel: 01733 455100)

Best Practice
The Herpetofauna Groups of Britain and Island (1998). Evaluating local mitigation/translocation programmes: Maintaining Best Practice and lawful standards. HGBI Advisory Notes for Amphibian and Reptile Groups (ARGs), can be downloaded from the Froglife website (see above). 

JNCC. 2003. Herpeofauna Workers’ Manual. JNCC, Peterborough.
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