Water Voles

Advice for developers on protected species issues in Greater London

Water voles are legally protected species that are likely to be encountered on development sites throughout Greater London wherever suitable habitat occurs.

Water voles live along rivers, streams, ditches, canals or lakes.  They prefer slow-moving water with a depth of about one metre and without extreme fluctuations in level.  Well-vegetated banks are necessary for shelter and food.  Banks are usually fairly steep-sided and of a soil type suitable for burrowing.  Burrows will have underwater and above ground entrances. 

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

Water voles are protected species.  They are protected by specific legislation and through Government planning policy guidance.

This advice note aims to explain, as simply and briefly as possible, how developers should seek to comply with legislation and understand 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 is recommended.

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 WATER VOLES

Water voles are protected under the Wildlife and Countryside Act 1981 (as amended) Schedule 5.  

Under this legislation, it is illegal to:

•	Intentionally damage, destroy or obstruct a place that water voles use for protection or shelter
•	Intentionally disturb a water vole whilst occupying such a place. 

The Developer’s Statutory Obligations

The minimum that developers are required to do is satisfy the statutory regulations provided under the Wildlife and Countryside Act.  The wildlife legislation applies throughout the development process before and after planning permission is given, as well as for developments that do not need planning permission.

There is no provision for licensing the intentional destruction, damage or obstruction of water vole burrows 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 constitutes a lawful operation but the developer must still put in place reasonable measures to avoid destroying or damaging water vole burrows.  In practice this requires the developer to implement some sort of mitigation strategy if these species are, or are likely to be, present on the development site.  Ultimately it is for the developer, using the advice of consultants if necessary, and in discussion with the local planning authority and English Nature, to determine what would be considered reasonable.

If water voles are known or suspected to occur on the site, the developer needs to employ an ecological consultant to carry out a water vole survey and produce the necessary mitigation strategy.  Failure to undertake surveys and develop mitigation strategies can lead to delays in the determination of a planning application, refusal of a planning application, or delays in implementation if there has been a lack of foresight as to the scope of any necessary mitigation.

Developers should be aware that developments that satisfy the legislation do not necessarily fulfil the spirit of the planning guidance, which is concerned with protecting the habitat used by water voles as well as their burrows and places of shelter.

PROTECTION THROUGH THE PLANNING PROCESS

Developers should note that during the determination of planning applications, local planning authorities should have due regard to Planning Policy Guidance: Nature Conservation (PPG9).  The intention of the planning guidance is to ensure that protected species and their habitats are safeguarded without the need to invoke the law.

PPG9 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.)

Planners should be using 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.  In fulfilling their duties, planning authorities should ask developers to provide the following information before planning applications can be determined:

(a)	a survey, which identifies presence/absence, population size, etc.
(b)	an assessment of the development’s impact on the water voles
(c)	a mitigation strategy

Local planning authorities are unable to properly consider protected species issues without this information.  If developers follow best practice, they should produce the above information before submitting proposals to the planning authority so mitigation strategies can be discussed and formulated before planning proposals are finalised.

The local planning authority can attach planning conditions or obligations on determination to ensure the intentions of PPG9 are realised.  For example, if an appropriate mitigation strategy is provided as supporting information, a condition could be attached requiring the implementation of a detailed mitigation plan.

Local Development Plans 

Development plans should provide information regarding the local authority’s policy on protected species.  Within local development plans, policies for protected species should give clear guidance to developers about the criteria that applications would have to meet, and the likelihood of planning permission being granted, for proposals affecting protected species.

Even if the development plan contains no protected species policies, developers should still address water vole issues when submitting planning applications, as PPG9 indicates that the local planning authority should consider the requirements of these species (irrespective of whether it has a policy).

BEST PRACTICE

Developers should consult with organisations, such as the English Nature local team, local Wildlife Trust or local biological records centre on water vole records.  Ecological consultants should be employed to survey proposed development sites that support habitat suitable for water voles before planning proposals are submitted (or even before the land is bought).

If water voles are found to be present, developers should employ ecological consultants to assess the impact of the development on the water voles and, if necessary, produce a mitigation package and submit these with their planning application.

Early awareness of water voles on a site means developers can produce a mitigation strategy before planning proposals become finalised, e.g. alter plans to accommodate water vole habitat.  This can save developer’s resources and time as well as produce a more satisfactory planning application and mitigation strategy for all parties.

There is always the possibility that water voles will be found during development even after best practice surveys have been carried out.  In which case, any works that may be in breach of the law should cease and advice sought from an ecological consultant.

Key players - their ROLES AND responsibilities

Developers
•	If the presence of water voles is known or 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.

Local planning authorities
•	Take water voles 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.

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 water voles may occur.
•	Provide general advice to local authorities regarding planning applications and forward planning matters such as local development plans.

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’).  Water voles are listed on Schedule 5 of the 1981 Act.  It is an offence to:

•	Intentionally damage, destroy or obstruct a place that water voles use for protection or shelter
•	Intentionally disturb a water vole whilst occupying such a place.

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 WATER VOLES may be present

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

2.	Employ consultants to assess the impact of the development on any water voles 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	

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

5.	Attach conditions or planning obligations to any planning permission granted to ensure the implementation of the mitigation package.
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:

London Water Vole Project
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	

Environment Agency (south of the Thames):

Environment Agency 
Swift House
Frimley Business Park
Frimley
Surrey
GU16 7SQ
	
Environment Agency (north of the Thames):

Environment Agency
2 Bishop's Square Business Park
St Albans Road West
Hatfield
Herts
AL10 9EX	

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