Sleeping dormouse by Ecologist Courtenay Holden

Andrew Baker has been invited to speak about the legal position of European Protected Species (EPS) at a Planning and Design Group (P&DG) breakfast seminar on 17th March.

European Protected Species: A minefield that is being slowly cleared?

The presence of European Protected Species such as bats, great crested newts and dormice can be a considerable problem for developers seeking planning permission and may be used as a reason for planning refusal.

Great Crested Newts (like this one pictured) are European Protected Species. Image by Senior Ecologist, Matt Cook

Great Crested Newts (like this one pictured) are European Protected Species. Image by Senior Ecologist, Matt Cook

The interaction between the EPS legal process and the planning system has been the subject of extensive legal dispute. In 2009, caselaw established that local planning authorities (LPAs) should consider the legal tests associated with EPS. However, more recent caselaw suggests that a more ‘relaxed’ approach is appropriate and LPAs should not duplicate the legal processes afforded to these species. Furthermore, Natural England (which has statutory responsibility for EPS), in the face of strong criticism from industry and the ecology profession, is now starting to make significant changes to the way that they implement the EPS licensing process. This could offer welcome improvements to the process.

Andrew Baker, Managing Director of Baker Consultants, is an ecologist with almost three decades of experience and is an expert in the practical application of nature conservation law. He was recently made a Fellow of the Chartered Institute of Ecology and Environmental Management (CIEEM) in recognition of his contribution to this subject and is a member of a liaison team that has been working with Natural England to try and streamline the administration of the EPS licensing process. He is a veteran of many public inquiries where EPS were an issue and has appeared as an expert witness to local plan inquiries and parliamentary select committees.

Bats (including these Whiskered Brandt's) are European Protected Species. Image by Ecologist Courtenay Holden

Bats (including these Whiskered Brandt’s) are European Protected Species. Image by Ecologist, Courtenay Holden

About the seminar

In his talk, Andrew will review the structural basis of the legal protection afforded to EPS, and how it is administered in England by the LPAs and Natural England. He will explore the relevant caselaw and current legal position and report on the latest progress in this rapidly changing area.

The seminar takes place on Thursday 17th March from 7.30am in Nottingham. Alongside Andrew, there will be advice from P&DG on ‘Maximising Development Opportunities in the current Planning Environment’ as well as a talk from another guest speaker.

For anyone interested in attending the seminar, please contact us for more details.

More about European Protected Species

For more information on protected species licensing, and the services we offer, click here.

For information on individual protected species and our surveying capabilities, follow the below links: