This is Natural England’s ‘standing advice’ for invertebrates. It is a material planning consideration for local planning authorities (LPAs). You should take this advice into account when making planning decisions. It forms part of a collection of standing advice for protected species.

You should read this guidance alongside Protected species and development: advice for local planning authorities 

Following this advice:advice: 

• avoids the need to consult on the impacts of planning applications on invertebrates in most casescases 
• can help you make decisions on development proposalsproposals 

You may need a qualified ecologist to advise you on the planning application and supporting evidence. You can find one using either the:the: 

• Chartered Institute of Ecology and Environment Management (CIEEM) directory 
• Environmental Data Services directory 

Read the specific guidance for:

• white-clawed crayfish
• freshwater pearl mussels

How invertebrates are protectedprotected 

The developer must comply with the legal protection of invertebrates.

Some invertebrates are protected as European protected species (EPS).) protected under the Conservation of Habitats and Species Regulations 2017. These are:include: 

• large blue butterflies (eggs, caterpillars, chrysalises and adults)adults) 
• Fisher’s estuarine moths (eggs, caterpillars, chrysalises and adults)adults) 
• little ramshorn whirlpool snailsramshorn snails 

EPSSome freshwater pearl mussels and white-clawed crayfish populations are protectedqualifying features of Special Areas of Conservation (SACs) and therefore receive further protection under the Conservation of Habitats and Species Regulations 2017.2017. You can read on the Joint Nature Conservation Committee’s website which SACs have freshwater pearl mussels and white-clawed crayfish as a qualifying feature. 

These 2 species are not included in this invertebrates guidance. Read the separate guidance for: 

• freshwater pearl mussels 
• white-clawed crayfish

It is an offence to:to: 

• deliberately kill, injure, disturb or capture themthem 
• deliberately take or destroy their eggseggs 
• damage or destroy their breeding sites and resting places (even(including when invertebrates are not present)present) 
• possess, control or transport them (alive(or any part, alive or dead)dead) 
• sell, exchange, offer to sell or exchange 

For theselarge 3blue species,butterflies and Fisher’s estuarine moths, it is also an offence under the Wildlife and Countryside Act (WCA) 1981 to intentionally or recklessly:recklessly: 

• disturb them while they occupy a structure or place used for shelter or protectionprotection 
• obstruct access to a place ofused for shelter or protectionprotection 

When

possess theseor speciestransport arethem found(or onany sites,part, thealive sitesor aredead) 

sell, usuallyoffer, designatedor aspublish sitesan ofadvert specialto scientificsell interest (SSSIs) and special areas of conservation (SACs). Check if the proposal is on a protected site using the Magic map.

them 

Many other invertebrate species are protected under schedule 5 of the Wildlife and Countryside Act 1981. For those listed in schedule 5, it is an offence to intentionally:intentionally: 

• kill, injure or take themthem 
• possess or control them (alive or dead)dead) 

It is also an offence to intentionally or recklessly:recklessly: 

• damage or destroy a structure or place used for shelter or protectionprotection 
• disturb them inwhile they occupy a structure or place used for shelter or protectionprotection 
• obstruct access to a structure or place used for shelter or protectionprotection 
• possess or transport them (or any part, alive or dead) 
• sell, offer, or publish an advert to sell them 

Many invertebrates are listedincluded ason rarethe andlist mostof threatened species of principle importance in England under under Sectionsection 41 of the Natural Environment and Rural Communities Act (2006).(2006). Some Youspecies mustare havelisted regardas forcritically endangered. Find out more by checking the conservationconsolidated list of Sectionred 41listed species on the Joint Nature Conservation Committee’s website. These documents may not be accessible to assistive technology. 

You must consider the conservation of invertebrates as part of your planning decision. Find out more about your biodiversity duty.. 

For protected species, the developer may need aan wildlifeinvertebrate mitigation licence to carry out their proposed activity.activity. 

When to ask for a surveysurvey 

You should ask for a survey if distribution and historical records suggest protected invertebrates may be presentpresent. You - you can search the National Biodiversity Network Atlas by species and locationlocation 

Absence of a record does not mean there are no invertebrates. It could mean there is no survey data available for that location.location. 

Invertebrates exist in all habitats, but certain habitat types are of very high value and should be considered in survey plans. These include:include: 

• woodlanda group of trees or woodlands that supportssupport mature and ancient trees  
• semi-natural vegetationvegetation, especially in mixed habitats 
• wetlandwetlands 
• coastal areasareas, such as saltmarshes, soft rock cliffs and shingle bars 
• openmosaic habitat of grassland and scrub 
• mosaic habitat on previously developed land 

Small areas of habitat can be of high value to all invertebrates, whether they are protected or not. This means even small-scale developmentsdevelopment proposals can harm species such as:as: 

• large blue butterfliesbutterflies 
• Fisher’s estuarine mothsmoths 
• little ramshorn whirlpool snailsramshorn snails 

Natural England provides a framework for surveying terrestrial and freshwater invertebrates for conservation evaluation.. 

YouIf a survey is needed you must check if the ecologist is qualified and experienced to carry out surveys for invertebrates. CIEEM publishes:

• competenciespublishes advice required for white-clawed crayfish species surveys
• advice on the valid age of data

Theecological ecologistreports should also follow the Biodiversity code of practice for planning and development (BS 42020:2013) available on the British Standards Institutesurveys website. These documents may not be accessible to assistive technology. 

Assess the effect of development on invertebratesinvertebrates 

Developers should submit qualitative and quantitative information with their planning application on how their development proposal avoids or mitigates harm to invertebrates.invertebrates. 

Ecologists They should make sure ecologists provide a detailed site-specific analysis of invertebrates at the development site, rather than just providing an inventory of species.species. 

The Pantheon database holds data on invertebrates that helps you assess if the development site is of good quality habitat by using a scoring system.system. Ecologists enter their survey data into Pantheon to find out the scores. 

This helps you decide how much harm the development proposal might have on a development site if it scores highly as rare invertebrate habitat.

Avoidance, Ecologistsmitigation enterand theircompensation surveymeasures 

Where datapossible intodevelopment Pantheonproposals toshould determineavoid thenegative scores.

Avoidance,effects mitigationon andinvertebrates. Where compensationthis measures

Lookis fornot examplespossible, ofthe avoidance,developer will need to include adequate mitigation oror, as a last resort, compensation plansmeasures in thetheir development proposal.proposal to allow you to make a planning decision. 

To avoid possible negative effects on invertebrates, developers could redesign the development proposal to:to: 

• leave importantany invertebrate habitats in placeplace 
• alter the timing of worksworks 
• change the methods of workingworking 
• minimise effects from artificial light at night and the impact of any other pollution 
• avoid use of chemicals on the development site for example to clear vegetation 

Simple mitigation and compensation measures could include:include: 

• reducing the scale of the impact by minimising the footprint of the developmentdevelopment 
• creating new habitat, based on the impact to the development site’s most valuable resource, such as its nectar and pollen or nesting qualitiesqualities 
• maintaining areas of mosaic habitat or areas rich in pollen within the development site 
• phasing of works and restoration activity to provide habitat continuitycontinuity 
• maintaining sufficient suitable habitat, such as re-using soils and substrates, to support the species in the local areaarea 

More detailed measures should be species specific.specific. 

If there is no reasonable alternative habitat close by, thedevelopers proposal could includeconsider translocation capturing(moving invertebratesspecies andfrom movingone themplace to another). Developers must get advice from a differentsuitably location,qualified knowninvertebrate asecologist when considering translocation. Moving invertebrates should be a last resort. The new habitat must be capable of supporting the invertebrates. The translocation proposal should include evidence that moving invertebrates would benefit their conservation.conservation. 

For more information on mitigation plans and compensation measures, read theProtected plannersspecies guideand fordevelopment: protectedadvice speciesfor andlocal developmentplanning authorities.. 

Planning and licence conditions

conditions 

The developer may need to apply for a licence if their activities are likely to affect invertebrates. 

The developer must apply for a EPS mitigation licence if the development proposal affects:affects: 

• large blue butterfliesbutterflies 
• Fisher’s estuarine mothsmoths 
• little ramshorn whirlpool snailsramshorn snails 

If the development proposal includes ditch maintenance and little whirlpool ramshorn snails are affected, the developer must have a licence.

If the development proposal is likely to affect any other invertebrate protected under the Wildlife and Countryside Act 1981, the developer must apply for a wildlife licence.. 

IfYou themay proposalalso includesneed ditchto maintenance,add themitigation developeror mustcompensation havestrategies as a licencecondition ifof littleplanning ramshornpermission. whirlpool snails are affected.

Before you can grant planning permission, you must:must: 

• makework surewith anythe mitigationrelevant orecologist compensationto conditionsmake yousure imposethese areconditions do not likely to conflict with the requirements of a wildlife licencelicence 
• be confident that Natural England will grant a wildlife licence

You can– findread moresection information4 inof the guidance on protectedProtected species and development: advice for local planning authorities.

You do not need to consult Natural England on the wording or discharge (approval) of any conditions you impose on a planningdevelopment proposal. Natural England is unable to provide advice on this.this. 

Natural England will not generally issue a licence until planning conditions relating to protected species have been discharged. This applies to conditions that are intended to be and capable of being discharged before development begins. 

Natural England will only confirm if you need a licence when the development proposal is a Nationally Significant Infrastructure Project (NSIP). 

Enhance biodiversity

biodiversity 

To meet your biodiversity duty, you should suggest ways for the developer to:to: 

• create new or enhanced habitats on the development sitesite 
• achieve aimprovements net gain in biodiversity through good design,design 
• follow suchother asrelevant greenplans roofs,and streetstrategies treesfor or sustainable drainagenature

Site management and monitoringmonitoring 

You should consider the need for site monitoring and management. These measures are likely to be needed by protected species licences.licences. 

A site management and monitoring plan should include:include: 

• long term maintenance and management plans for the sitesite 
• monitoring the site for several years after developmentdevelopment 

This can include carrying out management works to habitats and additional survey work to check that mitigation measures are working as intended, followed by remedial work if needed.needed. 

Each plan should be species specific to a species and will depend on the scale of the development proposal and the effect it would have on the species.