Sites of special scientific interest: public body responsibilities

Request assent

YouIf must:

• discussyou plannedthink worksyour withactivities Naturalare England
• completelikely to damage the special scientific interest of an SSSI, you must complete the form to give notice and getrequest assent and and email it to protectedsites@naturalengland.org.uk

. If you are not sure whether this applies, you can ask Natural England for advice.

It’s your responsibility to make sure that you provide all the information that Natural England mayneeds contactto youmake ifa itdecision needs:and respond.

• more

  Include detailsas much detail as possible about your requestproposed activities, including the:

  • location
  • totype clarifyof anyactivity
  • proposed issues about your requestmethods
  • timings

  YouIf your proposal is likely to have a significant effect on a European or Ramsar site, you must notalso carry out worksan untilHRA youof getthe aproposal, replyconsulting from Natural England.England as required.

  You can pay for Natural England to do aa quick quickcheck of check of your assent notice before you submit it to make sure it contains the information required for itthem to make a decision.decision.   Find out more in the ‘Ask for discretionary advice from Natural England’ section of this page.

  Decisions on assent applications

  You must not carry out activities until you get a reply from Natural England.

  Natural England will usually reply to you within 28 days of the date on your notice, to give or refusedecline their assent. If you do not get a written response within 28 days, you should take this as aassent refusaldeclined. of assent. You can pay forfor fast-track fast-trackadvice if you advice if you need itstheir decision quicker than 28 daysdays. (subjectThis is subject to availability).

  Naturalavailability, Englandfind mayout givemore youabout fast-track advice onin the impact‘Ask for discretionary advice from Natural England’ section of thethis proposalpage.

  Natural andEngland may give their assent with conditions. For example, itthey might say that the work should be carried out at a certain time of year to limit damage to the land.land or disturbance to vulnerable birds. You may also need to apply for a licence if the work will haveaffect a protected species.

  If your assent notice does not include enough information for Natural England to make an impactassessment, onthey may ask you to take one of the following actions:

  • provide more information within a protectedspecified species.timeframe
  • withdraw the notice

  If you do not do as they ask, Natural England may have to decline assent, or add conditions that protect the special scientific interest of the SSSI. 

  If you decide to go ahead without assent

  YouIf you decide that you have other statutory duties that outweigh the negative effects on the special scientific interest of the SSSI, you can still carry out worksthose if:activities if one of these applies:

  • Natural England refusesdeclines totheir give its assent
  • you believe the conditions attached to an assent are unacceptable

  You must give Natural England written notice at least 28 days before the start of the worksactivities if you intend to go ahead without assent.assent or against the recommended conditions.

  You must showtell thatNatural England how you’ve:

  • taken into account any advice Natural England gave you
  • considered alternatives that could reduce the impact on the the SSSI, such as using lighter vehicles to carry materials
  • weighedassessed thediffering balanceinterests betweenin conflictingorder interests,to includingreach theyour specialdecision

  If interestNatural ofEngland still has serious concerns about the potential damage to an SSSI

Natural Englandthey may give you further advice, or refer ayour case to the Secretary of State for Environment, Food and Rural AffairsAffairs. 

After ifyou’ve itwaited still28 hasdays, seriousyou concernscan aboutproceed and carry out the potentialactivities, but you must:

• cause as little damage to athe SSSI.special Thisscientific caninterest leadas tois areasonably judicialpracticable
• restore reviewthe ofaffected thesite publicto body’sits decisionformer tocondition, gowhere aheadpracticable, withif theyour works.
  activities do cause damage

EmergencyNatural worksEngland may review previously given consent or assent   

InWhen anNatural emergency,England utilityprovides companiesa andnew otherassent, bodiesthey may needask tothat enteryour SSSIauthority landno orlonger carryrelies outupon essentialassents worksor nearby.consents Itthat maywere notpreviously beprovided. 

If possibleNatural toEngland askbecomes foraware Naturalof England’snew assentevidence orthat givepreviously Naturalassented Englandactivities theare 28now days’known noticeto that’sbe normallydamaging requiredto beforethe beginningSSSI, work.they Inwill thiscontact situation, you should:you.    

• tell

  These Naturalactions Englandwill abouthelp thepublic workauthorities you’reto carryingcomply outwith astheir soonduty asto possibleconserve and preferablyenhance withinthe 24special hoursscientific interest of enteringSSSIs.      

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  Other nearbyparties landmight byrequest contactingyour protectedsites@naturalengland.org.uk

• makepermission sureto thecarry emergencyout workactivities causesthat asare littlelikely to damage toor affect the special featuresscientific asinterest possible

of an SSSI. 

YouThis cannotcould regardapply workswhere thatyour haveauthority:     

• is includedresponsible planningfor ingranting advancepermission, such as emergencya works.

  Approvinglicence, workspermit byor others

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• owns yourland publicand bodyhas isbeen alsoasked responsiblewhether forto permittingallow otherssomeone else to carry out worksan oractivity holdon recreationalyour eventsland, thatsuch areas likelya torecreational damageevent

The orspecial affectscientific interest of SSSIs, youcould mustalso askbe Naturaldamaged Englandas fora adviceresult beforeof givingenforcement permission.

Foraction example,that ifyou Forestryintend England wanted to allowrequire anothersomeone organisation to holdcarry recreational events on land they own.out.

If you’re a local planning authority, find out more about about how to review planning applications.     

Who’s responsible

You’reIf responsibleyour forproposal makingis decisionslikely onto proposalshave anda askingsignificant foreffect Naturalon England’s a adviceEuropean whereor aRamsar plansite, oryou projectmust isalso likelycarry toout damage an SSSIHRA unless:

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  When chooseother toparties acceptrequest theiryour decision

• youpermission believeto itcarry wouldout beactivities, moreyou’re appropriateresponsible forfor:
  • assessing anotherthe competentimplications authorityof toproposals
  • making assessdecisions theon proposalproposals

  Ask for Natural England’s advice

  If you want to give permission for planned worksactivities youthat shouldare firstlikely discussto thisdamage withthe Naturalspecial England.

  Youinterest mustof thenan notifySSSI you must ask for statutory advice from Natural England infirst.

  You writingmust or email the proposal to Natural England at protectedsites@naturalengland.org.uk at least 28 days before giving your permission.

  Advice and conditions

  Natural England will usually reply to you within 28 days of receiving your written notice to advise you whether to give permission or not. YouIf canyou assumedo Naturalnot Englandhear hasback nowithin comments28 todays, makeyou ifcan youassume doNatural notEngland hearhas backno withincomments 28to days.make.

  Natural England may give you statutory advice on the likely impact of the proposal and recommend that you give your permission only with conditions. For example, Natural England might say that it would be best to carry out the work using particular materials. You or theanother developerparty may also need to apply for a licence if the work will haveaffect an impact on a protected species.

  If Natural England advisesadvises refusal consentof refusalpermission  

  You can still approve works if:

  • Natural England recommendsmay recommend that you do not give permission
  • youpermission, believeor thethat conditionsyou Naturalattach Englandconditions. suggestedIn yousome attachcases, toyou amay permissionfind arethis unacceptable

  However, if youyour intendother tostatutory doduties sooutweigh youthe mustnegative againeffects giveon Naturalthe EnglandSSSI. notice.In these cases you can still approve activities.

  WriteYou tomust orgive email Natural England at least 21 daysdays’ notice before the start of the works,activities. includingEmail protectedsites@naturalengland.org.uk with a copy of the permission you propose to give.

  AsYou with works carried out by public bodies, you must explain how:how you’ve:

  • you’ve taken Natural England’s statutory advice into account
  • considered alternatives
  • assessed differing interests in order to reach your decision

  If Natural England still has serious concerns about the likely damage to the special scientific interest of an SSSI they may give you further advice or refer ayour case to the Secretary of State for Environment, Food and Rural AffairsAffairs. if 

  Emergency itworks   

  In stillan hasemergency, seriousa concernspublic aboutbody may theneed potential damage to an to:

  • enter SSSI. land Theor Secretarycarry ofout Stateactivities maynearby
  • give decidepermission to stopa youthird givingparty permissionto untilenter yourSSSI decisionland toor approvecarry theout workactivities hasnearby

  An beenemergency reviewedis atdefined aas publican inquiry,unpredictable orand Naturalsudden Englandsituation maythat askneeds forimmediate action, with a judicialserious reviewthreat ofto theloss decision.

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  the environment.

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  • giveask theirfor Natural England’s assent or consentstatutory advice in advancean foremergency, generalor andto recurringgive operationsNatural thatEngland the body28 willdays’ carrynotice outthat’s ornormally consentrequired to
  • agreebefore ‘memorandabeginning ofwork.

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  • take youappropriate wantaction to carrymake outsure orthe approveemergency work oncauses oras nearlittle andamage SSSIto that’sthe alsospecial ascientific protectedinterest Europeanas orpossible, Ramsarboth site,during suchand asafter athe Specialemergency Areaworks
  • carry ofout Conservationwork (SAC) or Specialtake Protectionappropriate Areaaction (SPA), you’ll need to carryaddress outany adamage habitatsto regulationsthe assessmentspecial (HRA).

    Youscientific mustinterest include a copy of the HRASSSI, withonce yourthe noticeemergency forhas assentpassed

  Activities orthat tohave giveincluded consentplanning ifin itadvance showswill there’snot abe likelyconsidered significantemergency effect of the activity on the protected site.works.

  YouAny shoulddamage stillor contactdisturbance Naturalresulting Englandfrom foractivities advice.

  Ifthat yourwere sitenot isan aemergency SACcould orresult ain SPA,enforcement readaction.

  If aboutyou yourfail duty to protect,repair conserveany anddamage restoreto Europeanthe sites.

  Youspecial mayscientific alsointerest wantof tothe followSSSI Naturalcaused England’sby Europeanemergency sitesworks, conservationthis advicecould andalso marineresult protectedin areasenforcement conservation advice.action.

  GetAsk advicefor discretionary advice   

  You maycan berequest ableadditional to get free or charged advice from Natural England before submitting your proposal to carry out or approve worksactivities on or near near SSSIs to help reduce delays in the assent or consent process.. 

  Free advice

  YouIf canyou getask freeNatural adviceEngland fromfor Naturaladditional England:advice, they may:

  • tosignpost checkyou whetherto youronline proposal will significantly affect a protected site or speciesguidance
  • onoffer whatfree youdiscretionary shouldadvice, includefor withstraightforward your proposalproposals
  • aboutrecommend routineyou andseek repeatedpaid activitiesadvice onfor themore protectedcomplex site, including routine agricultural activitiesproposals
  • about

  Email activitiesprotectedsites@naturalengland.org.uk mainlyto aimedask atfor achievingadditional favourable condition (that is habitats and features which are in a healthy state and being conserved by appropriate management)

advice.

Pay for advice

YouNatural canEngland paymay forbe extraable adviceto fromoffer Naturalpaid Englandadvice if what you want to do is more complicated. Natural England can:

• help you review your survey results
• advise on your mitigation strategies to reduce damage to the environment
• help if you need discretionary advice quickly (in fewer than 28 days)
• help if you need complex advice to meet a defined deadline

ContactContact Natural NaturalEngland as England as soon as possible if you need itstheir advice quickly. It’ll be most useful before you submit your consent application.

How much you might pay dependswill depend on:

• the amount of advice you require from Natural England and how complexcomplicated your proposal is
• whether or not a Natural England adviser needs to visit your site
• how quickly you need ourtheir advice

If you want discretionary advice to avoid damage to protected sites or species, you’llit paywill cost £110 per hour.

Ifhour youfor wantwritten aadvice or to speak to an adviser by telephone.

A meeting you’llwill pay:cost:

• £500 per adviser for a 90 minute meeting at your office or site, a Natural England office or viaa conference call
• £110 per hour per adviser for each additional hour

If you want an adviser to travel to your site, you’ll pay the adviser’s:

• travel costs at 45p per mile
• public transport, tolls and expenses over and above the mileage at cost
• travel time as part of the hourly rate

GetPay for fast-track advice

You’ll pay:

• £500 for advicediscretionary advice  on a straightforward case in less than 28 days

• £110 per hour, per adviser on a complex case to your defined deadline

Natural England will tell you which level of advice applies to your proposal.

Use the fast-track assent advice request form and send it to protectedsites@naturalengland.org.uk.

Use the quick check service

You’llYou can pay £200 for Natural England £200  to check that your proposal contains the information required for itthem to make a decision. You’ll get a response within 28 days. This service is not suitable for complex cases.

Use the the quick check assent request form and and send it with your assent notice form to to protectedsites@naturalengland.org.uk.

Apply

Terms forand advice

Useconditions the:

• assent advice request form for thepaid standard advice service
• fast-track assent advice request form for fast-track advice

Email the relevant completed form to: protectedsites@naturalengland.org.uk.

Read Natural England’s terms and conditions for paid-for services (PDF, 140 KB, 16 pages).

Contact Natural England

If you need helphelp, contact:contact Natural England: