Otters: advice for making planning decisions

This is Natural England’s ‘standing advice’ for otters. 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:

• avoids the need for you to consult on the impacts of planning applications on otters in most cases
• can help you make decisions on development proposals

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

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

How otters are protected

Otters are a European protected species, protected under the Conservation of Habitats and Species Regulations 2017.

It is an offence to:

• deliberately kill, injure, disturb or capture them 
• damage or destroy their breeding sites and resting places (including when otters are not present) 
• possess, control or transport them (or any part, alive or dead) 
• sell, exchange or offer for sale or exchange

It is also an offence under the Wildlife and Countryside Act 1981 to intentionally or recklessly:

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

Otters are included on the list of species of principle importance in England under section 41 of the Natural Environment and Rural Communities Act (2006).

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

The developer must comply with the legal protection of otters. 

The developer may need to apply for an otter mitigation licence to carry out their development proposal.

When to ask for a survey

A survey is needed if:

• distribution and historical records suggest otters may be present - you can search the National Biodiversity Network Atlas by species and location
• a development will affect a water body, river, stream, lake, sea or marshland 
• a development will affect habitats near a water body directly or through environmental effects, such as creating noise or light

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

Survey work can include:

• presence or absence surveys
• habitat surveys

You must check if the ecologist is qualified and experienced to carry out surveys for otters. CIEEM publishes:

• competencies required for otter surveys 
• advice on the valid age of ecological reports and surveys 

The ecologist must hold an appropriate licence to carry out some non-routine survey activities.

Assess the effect of development on otters

Developers should submit information with their planning application on how their development proposal avoids or mitigates harm to otters. 

To understand the level of mitigation needed in the development proposal, the information must show:

• how likely it is that otters will be affected by any development work
• the size of the development proposal, for example, if it’s a large development close to where otters are it might affect them more

Otters and their habitat could be affected if the development proposal causes:

• habitat loss or degradation in or near water bodies
• habitats being cut off and becoming fragmented
• loss of holts and resting places
• disturbance to resting and feeding places
• disturbance to their usual routes, for example, a road bridge or culvert works forcing otters to use roads or bridges that might mean it’s more likely to cause them death or injury
• a change to water quality which could also affect food sources

For information about otters, their distribution and conservation status, read chapter 8.4 of Natural England’s review of the population and conservation status of British mammals. The document may not be accessible to assistive technology.

Avoidance, mitigation and compensation measures

Where possible development proposals should avoid negative effects on otters. Where this is not possible, the developer will need to include adequate mitigation or, as a last resort, compensation measures in their development proposal to allow you to make a planning decision. 

The development proposal could avoid:

• work on or near the water body and known otter habitat, including work to road crossings and culverts
• disturbance effects, for example, by leaving a buffer zone along a river
• night works

The size of the buffer zone along the stretch of water will vary depending on:

• how otters use the area
• the type of vegetation at the site
• the level of existing background disturbance
• the level of proposed disturbance

Where avoidance measures are not possible, mitigation measures could include designing the development proposal so that it:

• retains otter habitats in the water body and bank
• uses otter-proof fences to stop otters getting into development sites

Otters are highly territorial animals with large home ranges. Depending on the quality of the habitat and availability of food, males can range along rivers for 35 kilometres. Otters will continue to try and use routes if alternatives are not included in a mitigation strategy.

If the destruction of an otter holt is unavoidable, you must make sure:

• there is no net loss of breeding or resting sites
• an enhanced habitat, for example, its quality or area compared with that lost is provided
• any loss of otter access and habitat connectivity is replaced

The development proposal could include compensation measures to:

• construct artificial holts to replace those that will be damaged or removed
• build viaducts or underpasses to allow otters to cross barriers like roads
• install mammal ledges on bridges and culverts to allow for continued passage alongside water bodies
• restore or improve habitats to compensate for those that will be lost

For more information on mitigation plans and compensation measures, read section 3 of Protected species and development: advice for local planning authorities.

Planning and licence conditions

The developer may need to apply for an otter mitigation licence if their activities are likely to affect otters. You may also need to add mitigation or compensation strategies as a condition of planning permission.

Before you can grant planning permission, you must:

• work with the relevant ecologist to make sure these conditions do not conflict with the requirements of the otter mitigation licence 
• be confident that Natural England will issue a licence – read section 4 of Protected 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 development proposal. Natural England is unable to provide advice on 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

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

• create new or enhanced habitats on the development site
• achieve improvements in biodiversity through good design
• follow other relevant plans and strategies for nature.

Site management and monitoring

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

A site management and monitoring plan should:

• maintain habitat suitability - with habitat management if required
• check there are no barriers to otter movement
• check there are no added pressures from increased human presence post-development

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