Habitat and Species Regulations 2017

[Bird]

If the planning permission for your build includes a note saying you must gain approval under Habitat and Species Regulations 2017 before starting the project, here is what you can look forward to:

• 1 month chasing the planning office as they figure out how you can make such an application as it isn't in the dropdown on their planning portal. Make the application.
• 1 further month waiting for the planning office to report that you're in the catchment for a protected European site, and thus need to mitigate the nutrient load caused by your build
• 2 further months waiting for an environmental consultant to draw up a mitigation strategy including the purchase of nutrient credits from a large developer who bought a wetland to mitigate their own builds
• 9 frustrating months chasing the the planning office to push the application forward (they're busy), only for them to respond that they need proof the mitigation scheme is compliant
• 2 further months waiting for the developer to provide information. Give up and instead purchase credits from the council's own scheme that has been spun up in the mean time
• 2 further months chasing the planning office to progress your application. The planning officer produce an Appropriate Assessment document to send to Natural England and says if there is no objection they will be able to approve the application.
• 3 more weeks waiting for Natural England to comment on the AA document. They have no objection so the planning officer says just a manager signature is required
• 1 additional week of waiting on the planning officer.  After being chased, the officer reports back with a new requirement: provide a draft legal agreement for their legal team to review. I must enter into an agreement that the water usage across the site will be limited to 120Lpppd.

 

Time spent waiting on planning office: 13 months

Time spent waiting on third parties: 5 months

Total time: 18

 

Remaining time estimate for new legal requirement: 2-6 months  (ChatGPT)

 

[ProDave]

And THEN the government wonder why not enough houses are being built.

[Mr Punter]

With water consumption, we normally fill out a spreadsheet with the proposed fittings and their maximum consumption.  Does not require a legal agreement.

[ToughButterCup]

3 hours ago, Bird said:

If the planning permission for your build includes a note saying you must gain approval under Habitat and Species Regulations 2017 before starting the project, here is what you can look forward to:

... 

 

As I understand it these regulations refer to SACs and SPAs [Conservation Areas] and Protected Species.  In other words, the regulations are NOT applicable in the vast majority of the UK. 

The Regulations have a reasonable and reasoned purpose. They are not imposed across the board to Planning Applications. So in the Due Diligence phase of  applying for Planning Permission, we all have the option not to apply in those areas. Or wait.

 

Or do what they do in West Lancs :

• Deliberately, knowingly kill Protected Species in the area a year before applying for PP
• Pay the fines for being caught doing so
• Form little protective cabals of Local Councillors who can be persuaded to [... ignore ... delay ... facilitate... contest ...]
• Fell any number of trees that could be 'in-the-way' and 
• pay the fines for being caught doing so

Or just BloodyDoIt anyway and cope with the consequences.

Where's my evidence? Read the local papers . Last year,  Radio 4 had a particularly interesting program about a local Planning Agency.  

 

We too had an 18 month delay while ecology sorted itself out. Once I had got over my annoyance, those 18 months provided valuable planning time.

 

[Nickfromwales]

@Bird

 

https://www.easywatercalc.co.uk

[kandgmitchell]

It is really frustrating when a planning authority requires things that other legislation already obliges you to do. Why screw down the water use to 120l/pppd with a Section 106 agreement when Regulation 36 of the Building Regulations - which you will have to comply with says:

 

Water efficiency of new dwellings 36.—

(1) The potential consumption of wholesome water by persons occupying a new dwelling must not exceed the requirement in paragraph (2).

(2) The requirement referred to in paragraph (1) is either— (a) 125 litres per person per day; or (b) in a case to which paragraph (3) applies, the optional requirement of 110 litres per person per day, as measured in either case in accordance with a methodology approved by the Secretary of State.

3) This paragraph applies where the planning permission under which the building work is carried out—      (a) specifies the optional requirement in paragraph (2)(b); and (b) makes it a condition that that requirement must be complied with.

(4) In this Part, “new dwelling” does not include a dwelling that is formed by a material change of use of a building within the meaning of regulation 5(g)

 

So rather than all the time and cost of a legal agreement they just have to place a condition on the approval requiring the optional 110litres figure and Building Control will check it on site where a planning officer will never tread.