Local Requirements
for
Biodiversity and Geological Conservation
Including Criteria and Indicative Thresholds
(Updated April 2020)
To assist with Validation of Planning Applications (1 App)
PART 1 LOCAL REQUIREMENTS FOR PROTECTED & PRIORITY SPECIES
(HABITATS ARE COVERED IN PART 2)
The planning authority has a statutory duty to consider the conservation of biodiversity when
determining planning applications. This includes having regard to the safeguard of species
protected by law which includes: the Conservation of Habitats and Species Regulations 2010; the
Wildlife and Countryside Act 1981 (as amended); and the Badgers Act 1992. This duty also extends
to Priority species for biodiversity set out under S41 of the Natural Environment and Rural
Communities Act 2006.
Where the initial Preliminary Ecological Appraisal Report (PEAR) for a proposed development
concludes that it is likely to affect Protected or Priority species, the applicant must submit an
Ecological Impact Assessment (EcIA) as part of the planning application. This will help deliver
species protection and enhancement as per Core Strategy Policy G8 and the NPPF.
Note that bats and the impact of wind turbines on birds are covered by separate detailed guidance
that forms part of these Local Requirements. This has been agreed for all Local Authorities in
West Yorkshire. See West Yorkshire Ecology website for:
Minimum Standards for Bat Surveys in West Yorkshire
Impacts of wind turbines on birds
The initial Preliminary Ecological Appraisal Report (PEAR) should always include a data search
from West Yorkshire Ecology (the local ecological records centre) which together with the site
survey findings should enable identification of any Protected or Priority species that may be present
at the site.
Table 1 lists the Protected and Priority species most likely to be affected by development but does
not list every individual species i.e. Breeding Birds includes Kingfisher, Red Kite, Peregrine, Little
Ringed Plover, Tree Sparrow etc.; Vascular Plants includes Thistle Broomrape, Pasqueflower,
Killarney Fern etc. The Leeds BAP has some useful local information about Harvest Mouse,
Pasqueflower, Thistle Broomrape, White-clawed Crayfish, Great Crested Newt and Pipistrelle Bat.
If the application involves any of the development proposals shown in Table 1 (Column 1),
an Ecological Impact Assessment (EcIA) must be submitted with the application.
Exceptions are explained on the next page. The EcIA should be based on surveys undertaken by
competent persons with relevant Protected species licences, or relevant qualifications and
experience for Priority species and must be carried out at an appropriate time of day and month of
the year (see Figure 1), in suitable weather conditions and using nationally recognised survey
guidelines/methods where available. The EcIA must be to an appropriate level of scope and detail
and must:
Record which species are present and in what numbers (may be approximate);
Map their distribution and suitable habitat both on the proposal site and, where appropriate in
the surrounding area;
State any constraints on the scope of the survey.
The EcIA should identify and describe potential development impacts likely to harm the Protected
or Priority species or their habitat, including the structures or places which they may use for
shelter or protection. These should include both direct and indirect effects both during and after
construction. Where harm is likely, evidence must be submitted to show:
. • How alternative designs or locations have been considered;
. • How adverse effects will be avoided wherever possible;
. • How unavoidable impacts will be mitigated or reduced;
. • How impacts that cannot be avoided or mitigated will be compensated.
The West Yorkshire Local Sites Selection Criteria (first published 2011) should be used for
all developments to assess whether any of the Species Criteria would be met for a site.
Where a site has no existing nature conservation designation, it should be stated that the
Species Criteria has been considered and whether the site should be given a value
commensurate with that of a Local Wildlife Site. The Criteria can be found at the West
Yorkshire Ecology website.
Exceptions For When A Full Species Survey & EcIA May Not Be Required
a. Following consultation by the applicant at the pre-application stage, the LPA has stated in writing
that a Protected or Priority Species Survey & EcIA is not required.
b. If it is clear that no Protected or Priority species are present, despite the guidance in the above
table indicating that they are likely, the applicant should provide evidence with the planning
application to demonstrate that such species are absent (e.g. this might be in the form of a letter
or brief report from a suitably qualified and experienced person, or a relevant local nature
conservation organisation).
c. If it is clear that the development proposal will not affect any Protected or Priority species
present, then only limited information needs to be submitted. This information should, however,
(i) demonstrate that there will be no significant effect on any relevant species present and (ii)
include a statement acknowledging that the applicant is aware that it is a criminal offence to
disturb or harm Protected species should they subsequently be found or disturbed.
Where an EcIA is not required it is advisable to submit the Preliminary Ecological Appraisal Report
(PEAR) to clarify species are not present/likely to be impacted upon, and that relevant searches
with WYE have taken place.
In some situations, it may be appropriate for an applicant to provide an EcIA for only one or a few of
the species shown in the Table 1 e.g. those that are likely to be affected by a particular activity.
Applicants should make clear which species are included in the report and which are not because
exceptions apply. Any reference to locations of Badger setts need to be removed from the EcIA,
and submitted as part of a separate report clearly marked Sensitive/Confidential - this will help our
Validation officers keep such information out of the public domain.
Standard Planning Condition For Bat Roosting & Bird-nesting Provision in New Buildings
In order to provide enhancements and contribute towards a species net gain for biodiversity in
Leeds (as per the NPPF para. 174 and Core Strategy Policy G9) developments that involve new,
refurbished or replacement buildings will be encouraged to provide high quality integral (into the
built fabric of buildings) bat roosting features and Swift Bricks. This is specifically referred to in the
July 2019 NPPF Guidance para. 23 Species such as bats and birds (especially Swifts) can easily
live side by side with users of houses and other buildings provided that such features are located in
appropriate locations (not over windows or doors). New integral features should be chosen by the
developer's ecologist after discussion with a building architect to ensure an appropriate location,
material and design is selected to blend in with the building's materials or historic heritage features.
There is separate guidance available for this on the Leeds City Council "Biodiversity & Planning"
webpage. These biodiversity enhancement measures are in addition to the mitigation and
compensation that needs to be agreed for Protected and Priority species, and also in addition to
any habitat-related Biodiversity Net Gain.
TABLE 1
Local Requirements for Protected or Priority Species: Criteria and Indicative Thresholds (Trigger List) requiring a Survey & EcIA
Column 1
Proposals for development that will trigger a
Protected or Priority Species Survey & Ecological
Impact Assessment (EcIA)
Bats
– see separate
guidance
Wintering/
Passage Birds
Breeding Birds
Barn Owl
Amphibians
Otter
Brown Hare
White
-clawed
Crayfish
Water Vole
Badger
Harvest Mouse
Reptiles
Vascular Plants &
Lower Plants
Fungi (such as
Waxcaps)
Fish
Invertebrates
Proposed development which includes the modification conversion, demolition or
removal of buildings and structures (especially roof voids) involving: all agricultural
buildings (e.g. farmhouses and barns) particularly of traditional brick or stone
construction and/or with exposed wooden beams greater than 20cm thick;
all tunnels, mines, kilns, ice-houses, adits, military fortifications, air raid shelters,
cellars and similar underground ducts and structures;
all bridge structures, culverts, aqueducts and viaducts (especially over water and
wet ground).
any work affecting roofs, soffits, gable ends, hanging tiles, barge boards or walls
with cracks or holes within 200m of woodland or water.

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Proposals involving lighting of churches and listed buildings or flood lighting of sports
pitches, equestrian arenas etc within 50m of woodland, water, field hedgerows or lines
of trees with obvious connectivity to woodland or water.

Proposals affecting woodland, or field hedgerows and/or lines of trees with obvious
connectivity to woodland or water bodies.

Proposed tree work (felling or lopping) and/or development affecting:
old and veteran trees that are older than 100 years;
trees with obvious holes, cracks or cavities,
trees with a girth greater than 1m at chest height;





Proposed wind turbines (see separate guidance for impacts on birds):
within 50m of a known bat roost or potential bat habitat including buildings, mature
trees, woodland, hedgerows, water, railway corridors. Or affecting upland/moorland
areas.



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Column 1
Proposals for development that will trigger a
Protected or Priority Species Survey & Ecological
Impact Assessment (EcIA)
Bats
– see separate
guidance
Wintering/
Passage Birds
Breeding Birds
Barn Owl
Amphibians
Otter
Brown Hare
White
-clawed
Crayfish
Water Vole
Badger
Harvest Mouse
Reptiles
Vascular Plants &
Lower Plants
Fungi (such as
Waxcaps)
Fish
Invertebrates
Proposals affecting sand and gravel pits or quarries and natural cliff faces and rock
outcrops with crevices or caves.



Major proposals within 500m of a pond or Minor proposals within 100m of pond
(Note: A major proposals is one that is more than 10 dwellings or more than 0.5
hectares or for non-residential development is more than 1000m
2
floor area or more
than 1 hectare)


Proposals affecting or within 200m of rivers, streams, canals, lakes, or other aquatic
habitats.


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Proposals on heathland or fields adjacent to heathland

Proposals involving woks in or immediately adjacent to rivers and streams which may
result in silt, water pollution or other disturbance to banks or bed of the watercourse

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
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Proposals resulting in the loss of 1ha or more of arable land or improved grassland

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Proposals resulting in the loss of 0.1ha or more of any semi-natural habitat (eg ancient
woodland, unimproved or good semi-improved grassland, fen etc)

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Proposals affecting ‘derelict’ land (brownfield sites), allotments and railway land.

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Proposed development affecting any buildings, structures, feature or locations where
Protected or Priority species are known to be present *.
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* Confirmed as present by either a data search (for instance via West Yorkshire Ecology) or as notified to the developer by the local planning authority, and/or by Natural England, the Environment
Agency or other nature conservation organisation.
Figure 1 GUIDANCE FOR ECOLOGICAL SURVEY SEASONS
Key: Optimal Survey Time Extending into
JAN
FEB
MAR
APR
MAY
JUNE
JULY
AUG
SEPT
OCT
NOV
DEC
Points to note regarding surveys are as follows:
For certain species and habitats surveys can be carried out at any time of year, but for other species, particular times of year are required to
give the most reliable results, as indicated in Figure 1
Surveys conducted outside of optimal times (Figure 1) may be unreliable. For certain species (e.g. Great Crested Newt) surveys over the
winter period are unlikely to yield any useful information. Similarly negative results gained outside the optimal period should not be interpreted
as absence of a species and further survey work maybe required during the optimal survey season. This is especially important where
existing surveys and records show the species has been found previously on site or in the surrounding area. An application may not be valid
until survey information is gathered from an optimum time of year.
Species surveys are also very weather dependent so it may be necessary to delay a survey or to carry out more than one survey if the
weather is not suitable, e.g. heavy rain is not good for surveying for otters, as it washes away their spraint (droppings). Likewise bat surveys
carried out in wet or cold weather may not yield accurate results.
Absence of evidence of a species does not necessarily mean that the species is not there, nor that its habitat is not protected (e.g. a bat roost
is protected whether any bats are present or not).
West Yorkshire Ecology may have useful existing information and records.
Competent ecologists should carry out any surveys. Where surveys involve disturbance, capture or handling of a protected species, then only
a licensed person can undertake such surveys (issued by Natural England). Surveys should follow published national or local methodologies.
Land
Water
PART 2 LOCAL REQUIREMENTS FOR DESIGNATED SITES, LEEDS HABITAT
NETWORK, PRIORITY HABITATS OR OTHER LOCAL BIODIVERSITY
ACTION PLAN FEATURES
The planning authority has a duty to consider the conservation of biodiversity when
determining planning applications. This includes having regard to the safeguard of
Designated Sites, the Leeds Habitat Network, Priority habitats, and other additional Local
Biodiversity Action Plan habitats. Where a proposed development is likely to directly or
indirectly affect such a site or habitat the applicant must submit an Ecological Impact
Assessment (EcIA). Such written ecological reports must be to a professional standard in
line with the Guidelines on the CIEEM website
The CIEEM Guidelines for Ecological Report Writing December 2017 states in Table 1 that a
Preliminary Ecological Appraisal Report (PEAR) is not acceptable for submission as
part of a planning application (unless it can be demonstrated that there will be no
significant ecological impacts) and instead an Ecological Impact Assessment (EcIA)
should be submitted. This will help deliver satisfactory habitat protection and enhancement
as per Core Strategy Policy G8, G9 and the NPPF.
If the application is likely to affect any of the Designated Sites or habitats listed in Table 2, an
EcIA must be submitted with the application – at the time of this guidance a Local Sites
Review is being completed whereby all SEGIs and LNAs are being reassessed against the
2011 Local Wildlife Sites Criteria and the terminology SEGI and LNA will subsequently cease
to exist – the most up-to-date schedule of designated sites can be requested from West
Yorkshire Ecology.
Net Gain for Biodiversity (as per the emerging Environment Bill) using the Defra
Biodiversity Metric also needs to considered as part of an EcIA. This means that habitats of
relatively low ecological value also trigger the need for an EcIA, as this will be the best type of
report to present the Metric calculations and relevant maps showing “before” and “after”
Biodiversity Unit locations and delivery. There is a separate Net Gain for Biodiversity
Guidance document on the Leeds City Council "Biodiversity & Planning" webpage that should
be read alongside this Biodiversity Local Requirements Template.
The EcIA should be undertaken by competent persons with suitable qualifications and
experience and must be carried out at an appropriate time of the year, in suitable weather
conditions and using nationally recognised survey guidelines/methods where available.
The EcIA should be informed by the results of a search with West Yorkshire Ecology (the
local ecological records centre). The EcIA must be carried out to the CIEEM EcIA Guidelines
and be to an appropriate level of scope and detail. It will need to:
Record which habitats are present on and around the site.
Include surveys for any notable species or groups of species associated with the habitat.
Identify the size of the habitat resource and where appropriate population of associated
species.
Map the distribution of the habitats and notable species on an appropriately scaled map.
The EcIA should identify and describe potential development impacts likely to harm the
Designated Sites or habitats, including both direct and indirect effects both during and after
construction. These should also include the potential impact on the wider Leeds Habitat
Network. Where harm is likely, evidence must be submitted to show:
How alternative designs or locations have been considered;
How adverse effects will be avoided wherever possible;
How unavoidable impacts will be mitigated or reduced;
How impacts that cannot be avoided or mitigated will be compensated.
In addition, proposals should maximise opportunities to enhance and restore biodiversity
particularly by adding to, or linking, features or habitats used by Protected or Priority species.
The assessment should give an indication of how the species numbers are likely to change,
whether there will be losses and/or potential gains for the species concerned and their
associated habitat(s).
The West Yorkshire Local Sites Selection Criteria (first published 2011) should be used for all
developments to assess whether any of the Habitats Criteria would be met for a site. Where a
site has no existing nature conservation designation, it should be stated that this has been
considered and whether the site should be given a value commensurate with that of a Local
Wildlife Site. The Criteria can be found at the West Yorkshire Ecology website.
Leeds City Council fully supports the “Biodiversity – Code of practice for planning and
development” BS 42020:2013, and will expect all applications affecting habitats and
species covered by these Local Requirements to integrate biodiversity into all stages
of the planning, design and development process.
TABLE 2
Designated Sites, Leeds Habitat Network, Priority Habitats and Other Local Biodiversity Action
Plan Habitats Criteria (Trigger List) for When a Survey and Impact Assessment are Required
1. DESIGNATED SITES (as shown on the Nature Conservation Background Paper for the Site Allocations Plan
September 2015)
Internationally Designated Sites Special Protection Area (SPA)
Special Area of Conservation (SAC)
Nationally Designated Sites Site of Special Scientific Interest (SSSI)
Locally Designated Sites Local Wildlife Site (LWS)
Local Nature Reserve (LNR)
Site of Ecological or Geological Importance (SEGI)
Leeds Nature Area (LNA)
2. The Updated 2014 Leeds Habitat Network (as shown on the Nature Conservation Background Paper for the Site
Allocations Plan September 2015)
Broad Habitat Types:
Heathland
Woodland
Water
Grassland
Other
3. PRIORITY HABITATS (Habitats of Principal Importance for Biodiversity under S.41 of the NERC Act 2006)
Arable field margins
Blanket bog
Floodplain grazing marsh
Eutrophic standing waters (not small pools or field ponds)
Hedgerows
Lowland calcareous grassland
Lowland dry acid grassland
Lowland fens
Lowland heathland (generally below 300m)
Lowland meadows
Lowland mixed deciduous woodland
Open mosaic habitats on previously developed land
Ponds
Reedbeds
Rivers
Traditional orchards
Upland flushes, fens and swamps
Upland heath
Upland mixed ash woodland
Upland oakwood
Wet woodland
Wood-pasture and parkland (large trees in grazed grassland)
4. The Leeds BAP lists the following habitats that have particular importance locally:
Magnesian Limestone Grassland
Lowland Wet Grassland
Reedbed
Hedgerows and Field Margins
Other Local Biodiversity Action Plan Habitats - additional West Yorkshire Priority Habitats 2009
In-bye grassland (important for breeding birds)
Lowland wet grassland (supporting high numbers of birds)
Canals (mainly for aquatic plant communities)
Ancient woodland and ancient/veteran trees
Scrub
Exceptions When a Full Survey and EcIA May Not Be Required
International and National Sites: An EcIA may not be required where the applicant is able to
provide copies of pre-application correspondence with Natural England, where the latter
confirms in writing that they are satisfied that the proposed development will not affect any
statutory sites designated for their national or international importance.
Local Sites, Leeds Habitat Network and Priority Habitats: An EcIA may not be required
where the applicant is able to provide evidence in a Preliminary Ecological Appraisal Report
(PEAR) that there will not be any significant ecological impacts, or copies of pre-application
correspondence with the LPA that they are satisfied that the proposed development will not
affect any Local Sites designated for their local nature conservation importance, components
of the Leeds Habitat Network or any Priority habitats or Other LBAP Habitats.
Use of Metric and Net Gain for Biodiversity: If the habitat value is considered to be
“negligible” then it may not be necessary to carry out an EcIA, and instead a PEAR may be
acceptable provided that there is clear justification for the “negligible” ecological value –
which could most easily be demonstrated by use of the Defra Biodiversity Metric i.e. a very
low Baseline Biodiversity Unit score such as less than 0.1.
TABLE 3
Local Requirements For Designated Geodiversity Sites And Features
Criteria (Trigger List) for when a Survey & Impact Assessment are Required
1. DESIGNATED SITES (as shown on the Nature Conservation Background Paper for the Site Allocations Plan
September 2015)
Nationally Designated Sites Site of Special Scientific Interest (SSSI)
Locally Designated Sites Local Geological Site (LGS)
2. OTHER GEOLOGICAL CONSERVATION FEATURES
(Based on the Earth Science Conservation Classification)
Exposure or Extensive Sites
Active quarries and pits
Disused quarries and pits
Coastal cliffs and foreshore
River and stream sections
Inland outcrops
Exposure underground mines and tunnels
Extensive buried interest
Road, rail and canal cuttings
Static (fossil) geomorphological
Active process geomorphological
Caves
Finite mineral, fossil or other geological
Mine dumps
Finite underground mines and tunnels
Finite buried interest
Integrity Site
Finite Site
Exceptions When a Full Survey & Impact Assessment May Not Be Required
International and National Sites: A Survey & Impact Assessment report will not be required
where the applicant is able to provide copies of pre-application correspondence with Natural
England, where the latter confirms in writing that they are satisfied that the proposed
development will not affect any statutory sites designated for their national importance.
Local Sites: A Survey & Impact Assessment report will not be required where the applicant is
able to provide copies of pre-application correspondence with appropriate local geological
experts (such as the West Yorkshire Geology Trust) that they are satisfied that the proposed
development will not affect any Locally Designated Site or Other Geological Conservation
Feature.