Great Crested Newts - surveys and district level licenses

• Overview
• Risk zone categories
• When a survey is needed
• Types of development that could affect Great Crested Newt
• How far from a pond the potential impact has to be
• Understanding if action is required

Overview

When making decisions on planning applications, the impact of the development on European protected species is a material consideration. Planning authorities are therefore required by law to check that a development doesn't harm or disturb great crested newts or their habitats (see ODPM Circular 06/05, paragraph 99).

For developments that could impact on great crested newts, planning authorities need information on the impacts of the development on great crested newts to be submitted up-front with the planning application.

The information required is either a survey report and mitigation recommendations. This must carried out by a suitably qualified, licensed and experienced ecologist, or entry into a District Level Licensing (DLL) scheme for great crested newt.

Cambridgeshire is included within the District Level Licensing (DLL) scheme (as confirmed on the government website). By default this includes Fenland.

As such it is a relevant consideration for planning applications.

A developer can pay Natural England to join a DLL scheme for Great Crested Newts (GCN). This means a developer does not need to carry out their own surveys for GCN nor carry out mitigation works for GCN.

Risk Zone categories

There are three risk zone categories:

• Red zones. These zones contain key populations of great crested newt, which are important on a regional, national or even international scale. DLL is not available in red zones and site survey and a mitigation licence would be required for any development within this zone.
• Amber zones. These contain main population centres, habitats and dispersal routes for great crested newt. Development with a significant land take in these zones would be expected to have a high impact on great crested newt. Developer should provide evidence of entering into DLL or a survey assessing impact apart from householder applications or change of use.
• Green zones. Great crested newt are sparsely distributed in this zone and development would be expected to have a low impact here, though may still pose a risk to great crested newts. Developer should provide evidence of entering into DLL or a survey assessing impact apart from householder applications or change of use.

View the GCN Risk Zones in Cambridgeshire.  

The Government has developed guidance to set out protection measures and identify potential habitats: Gov.uk: Great Crested Newts - Protection Surveys and Licences

When a survey is needed

If a developer cannot or has chosen not to use the DLL scheme, a Great Created Newt survey is required when:

• distribution and historical records suggest there may be great crested newt present, or
• a pond or connected great crested newt terrestrial habitat, up to 500m away from a pond, is likely to be impacted by the development proposal.

This is because great crested newts live in ponds mainly in their springtime breeding season. For most of the rest of the year they live on land, and will disperse over a 500m radius of land around their breeding pond, if suitable habitat exists.

Survey data provided by the developer should be less than 2 survey seasons old, otherwise repeat surveys may be required.

Types of development that could affect Great Crested Newts

• Infilling, draining, dredging or alterations to ponds
• Changes in local hydrology or water quality that could affect water levels or water chemistry in ponds
• Changes in land management up to 500m around ponds
• Removal of or damage to good newt habitats within 500m of pond - e.g. hedges, rough grassland, mature gardens, woodland, ditches
• Creation of barriers to newt dispersal within 500m of a pond, or loss of habitat connectivity around a pond
• Temporary disturbance during construction
• Long-term post-development disturbance due to change in land-use
• Disturbance by people (including their dogs etc) in/near new housing developments
• Anything else that could harm or disturb a newt or change the aquatic or terrestrial habitat in and within 500m of a pond.

How far from the pond the potential impact has to be

This depends on the type of development. 

For minor developments, all ponds within the site or a 100m zone around the proposal site boundary, unless separated from the application site by a barrier that amphibians cannot cross.

For major developments, all ponds within the site or a 500m zone around the proposal site boundary, unless separated from the application site by a barrier that amphibians cannot cross. Note: a major development is one that is more than 10 dwellings or more than 0.5 hectares. For non-residential development, it is more than 1000m² floor area or more than 1 hectare. 

Understanding if action is required

If there is no possibility that great crested newt may be present and affected by the development, then no further action is likely required. Examples of factors that may suggest great crested newt are present include:

• distribution and historical records suggest there may be great crested newt present, or; 
• a pond or connected great crested newt terrestrial habitat, up to 500 metres away from a pond, is likely to be impacted by the development proposal.

If the site is in an area where a DLL scheme operates, and within a green or amber risk zone, then there is the option to apply to a DLL scheme.

If the site is not in an area where a DLL scheme operates, or is within a DLL red risk zone, then a habitat assessment for great crested newt is required. If suitable habitat for great crested newt is not present, then no further action is likely required, although in some cases Reasonable Avoidance Measures may be required.

If suitable habitat for great crested newt is present, then full great crested newt surveys in the optimal season are required.

If great crested newt are found to be present, then mitigation and a Natural England licence is likely required.

If great crested newt are found to be absent, then no further action is likely required, although in some cases precautionary mitigation may be required.