Water voles

Advice for local planning authorities 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 aboveground 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 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.

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. 

There is no provision for licensing the intentional damage or destruction 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 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.

PROTECTION THROUGH The planning process

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

PPG9 (nature conservation) 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 and their habitats 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 the success of a planning application that may have an impact on water voles, the planning application must be accompanied by:

	(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.

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 on protected species grounds.

Key players - their ROLES AND responsibilities

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.

Developers
•	If the presence of water voles is know 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.

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 Area Team, local Wildlife Trust, local Biological Records Centre) about 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
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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