European Protected Species Licence (EPSL)
Thank you for the opportunity to support your development ambitions.
Arbtech is widely acknowledged to be the leading ecological consultancy in the UK, specialising exclusively in arboriculture and ecology for planning and development sector clients.
Blowing our trumpet; we have been established since 2005 and since then we have been there, done that and got the t-shirts for just about any tree or protected species issue you could possibly face on a site of the proposed development.
We now have over 80 team members, and all are directly employed consultants. Known internally as ‘Arbtechers’, they have done literally thousands of surveys over careers spanning in some cases decades, in both the public and private practice sectors. All are well versed in planning policy and wildlife law, as well as having developed good working relationships with the local authorities in their regions.
How do we leverage local relationships and yet offer fixed fees throughout the UK, Crown Dependencies and Ireland? We do this by having approximately half of our staff based at home in strategic locations. So, whether you’re in Sunderland or Southampton, we can cut costs and delays for you at a fixed, all-inclusive price.
If you would like to talk to someone about your development ambitions for your site, please do ask – it’s what we’re here for.
You have been asked to apply to your Statutory Nature Conservation Organisation (SNCO), the licencing authority for protected species, for a European protected species licence. Absent a licence, your actions may otherwise constitute a criminal offence. The table below summarises the various legislation that requires you, by law, to obtain a European protected species licence before works to your property/site can commence.
Who is your SNCO? | |
---|---|
England | Natural England |
Wales | Natural Resource Wales |
Scotland | Scottish Natural Heritage |
Table 1 – Summary of Pertinent Legislation and Planning Policy Relevant to the Protection of EPS in
England, Scotland and Wales.
Location of Habitat | Transposing EC Habitats Directive | Other Relevant Legislation | Planning Policy |
---|---|---|---|
England | Conservation of Habitats and Species Regulations 2010. The Conservation of Habitats and Species (Amendment) Regulations 2012 | Wildlife and Countryside Act 1981 as amended. Countrywide and Rights of Way Act 2000. Natural Environment and Rural Communities Act 2006. | National Planning Policy Framework (“NPPF”). |
Wales | Conservation of Habitats and Species Regulations 2010. The Conservation of Habitats and Species (Amendment) Regulations 2012. | Wildlife and Countryside Act 1981 as amended. Countrywide and Rights of Way Act 2000. Natural Environment and Rural Communities Act 2006. | Technical Advice Note (“TAN”) 5. Planning Policy Wales (“PPW”). |
Scotland | Conservation (Natural Habitat & c.) Regulations 1994 as amended. | Wildlife and Countryside Act 1981 as amended. The Nature conservation (Scotland) Act 2004. | National Planning Policy Guidance (“NPPG”) 14 and Planning Advice Note (“PAN”) 60. |
Cumulatively, this legislation makes it illegal to:
In deciding whether to grant or refuse a EPS licence application to permit a proposal impacting upon
EPS, the licencing authority must consider three tests under the various Statues and Regulations:
Actually, it’s easier than it looks.
Test 1 is met by your local planning authority granting your planning consent. So if you have a planning consent in hand, you have already met the ‘imperative reasons of overriding public interest’ assessment.
Test 2 is met if you don’t have an alternative location for your proposal.
Test 3 is met by your application for an EPS licence, to include a Method Statement, Reason Statement and Work Schedule.
All wildlife planning conditions that can be discharged must be so before applying for the licence.
Finally, if you haven’t done so already (normally, you have), our consultant will need you to authorise him or her to procure Biological Records Data on your behalf, from a local records centre. S/he can then perform a desk study of local ecological receptors within 2km of your site (if any), and then incorporate these results into the Method Statement.
There are then 2 possible outcomes, as follows:
After applying for an EPS licence | What this means for you |
---|---|
Your licence is issued and you must follow it precisely (as it is a legal document) in order to avoid committing an offence and breaching the terms of issue. | Your development can get underway! |
Your licence has attracted a ‘Further Information Request’ from your SNCO | You must supply the information requested before your SNCO can issue your EPS licence. |
Scottish Natural Heritage and Natural Resource Wales currently maintain a 30 working day determination period for EPS licence applications.
Natural England aims to maintain the same 30 working day determination period. However, they have recently been taking upwards of 50 working days to determine EPS licence applications. You should be prepared for this, and possibly longer in the worse cast scenario.
We are entirely sympathetic to clients affected by this, however please understand that we are unable to accelerate your programme of works if the licence determination process delays it.
If a site visit is required: We need to access all the internal and external areas of your site, including any buildings, compounds and other structures, including loft spaces and any other voids (these need to be unobstructed). We will also need to make some ground-level assessment of any trees that may be impacted by your development proposals (if any). Otherwise; none.
Simply complete and return our Survey Booking Form.
To speed things along, we ask you to make payment as soon as possible and payments must be made before reports are released. To make your booking as simple as possible, we accept most forms of debit and credit card, including American Express.
You can pay online or directly over the phone by calling one of our friendly administrative team on 01244 661170.
Our head office is a pleasant little barn-conversion in Cheshire. We also have an office in central London, near Liverpool Street station. We are able to offer our extremely competitive, fixed fee services throughout England and Wales because the majority of our 80-strong team of Arbtechers are home-based, and thus local to you.
All of our team are permanent, full-time, direct employees (not associates or subcontractors, though we do employ them from time to time to help with large or complex jobs), and their ability to strike out locally to sites is one of the main advantages of using Arbtech. Each of our consultants knows their ‘patch’ intimately; borne out of several hundred surveys each year passing through your local authority’s planning system.
All our costs are inclusive of our time, travelling expenses, and your report.