This is Natural England’s ‘standing advice’ for protected wild plants, fungi and lichens. 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 to consult on the negative effects of planning applications on protected wild plants, fungi or lichens 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 if it’s likely that protected wild plants, fungi or lichens are present on the proposed development site. You can find one using either the:

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

How wild plants, fungi and lichens are protected

TheSome developerwild mustplants complyare with the legal protection of protected plants, fungi and lichens.

You should consider if the developer has taken appropriate measures to avoid, mitigate and, as a last resort, compensate for any negative effects on protected plants, fungi and lichens.

The developer may need to apply for a wildlife licence to carry out their proposal.

European protected species (EPS)

Plant), EPSas are listed in schedule 5 of the Conservation of Habitats and Species Regulations 2017.2017. 

It is an offence to:to: 

• deliberately pick, collect, cut, uproot or destroy themthem 
• possess, control or transport them (alive(or any part, alive or dead)dead) 
• sell, exchange or offer for sale or exchange 

The developer must apply for a mitigation licence to carry out any of these actions for any plant that is a EPS.. 

Plants, fungi and lichens protected under the Wildlife and Countryside Act 1981

Under the Wildlife and Countryside Act 1981, it is an offence to intentionally uproot any wild plant without the landowner’s consent.or LPA’s consent. 

For wild plants, fungi and lichens listed in schedule 8 of the Wildlife and Countryside Act 1981 it is an offence to to:

• intentionally pick, uproot or destroy them.them
• possess or transport them (or any part, alive or dead) 
• sell, offer, or publish an advert to sell them

The developer may need a mitigation licence to carry out their proposed activities.activities. 

Section 41 priority species

Many wild plants, fungi and lichens are listed as rare and most threatened species under section 41 of the Natural Environment and Rural Communities Act (2006).(2006) Youand mustincluded haveon regard for the conservationlist of sectionspecies 41of principal importance in England.

You must consider wild plants, fungi and lichen species as part of your planning decision. Find out more about your biodiversity duty.. 

The developer must comply with the legal protection of wild plants, fungi and lichens.

When to ask for a survey

You should ask for a survey if distribution, habitat assessmentsassessments, andor historical records suggest theywild plants, fungi or lichens may be present on yourthe proposed development site. You can find records by: 

• searchsearching the National Biodiversity Network Atlas by species and location.
  location
• visiting the Botanical Society of Britain and Ireland’s database 
• using local record centres 

You must check if the ecologist is qualified and experienced to carry out surveys for protected wild plants, fungi and lichens. For EPS, the ecologist must hold aan EPS mitigation licence if surveys cause any harm to protected plants.wild plants. 

TheSurveys ecologist should alsobe followdone theat biodiversityan codeappropriate time of practiceyear. for planning and development (BS 42020:2013) available on the British Standards Institute website. This documentwill mayvary notby behabitat, accessiblespecies, toand assistive technology.location. 

Assess the effect of development on protected plants, fungi or lichens

WhereDevelopers possible proposals should avoidsubmit affectinginformation plants,with fungitheir orplanning lichens.

Whereapplication thison ishow nottheir possible,development youproposal shouldavoids lookor formitigates adequateharm mitigation and compensation measures in the planning proposal to allowthreatened youor toprotected makewild aplants, planningfungi decision.or lichens. 

Effects

Negative toeffects consider

on species 

DevelopmentSome woulddevelopments can have a negative effect on species ifincluding it:where they:

• killskill or damagesdamage protected wild plants, fungi or lichenslichens 
• killskill or damagesdamage certain tree species that host fungi or lichenslichens 
• changeschange the soil, for example by adding rubble or nutrientsnutrients 
• makeschange the soilhydrology tooof wetthe ordevelopment drysite (the distribution and movement of water) 
• altersalter water flow across the sitedevelopment site 
• createscreate or destroysdestroy pondsponds 
• increasesincrease shade from buildings or planted shrubs or treestrees 
• decreasesdecrease shade or humidity by removing tree covercover 
• createscreate chemical pollution, for example from accidental spillsspills 
• changeschange the way habitats are currently managedmanaged 
• change the existing plant and seed community

Avoidance, mitigation and compensation measures

LookWhere forpossible examplesdevelopment ofproposals avoidance,should avoid negative effects on protected wild plants, fungi and lichens. Where this is not possible, the 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 effects on protected wild plants, fungi and lichens, developers could redesign the development proposal to:

• leave protected wild plants, fungi and lichens in placeplace 
• change the methods of workingworking 
• change the location of the development proposal

Where this is not possible, mitigation and compensation measures could include:

• making sure the development proposal covers a smallsmaller areaarea 
• keeping site traffic to a minimumminimum 
• improving habitatshabitats 
• creating new or extending existing areas of habitathabitat 
• moving wild plants to a new location, but only as a last resortresort 

YouAny cantranslocation findof protected wild plants should follow the Reintroductions and conservation translocations code and guidance in England.

For more information on mitigation plans and compensation measures inread theProtected guidance on protected species and development: advice for local planning authorities.

Planning and licence conditions

The developer may need to apply for a licence if their activities are likely to affect protected wild plants, fungi or lichens. 

If the development proposal is likely to affect a plantwild plant, fungi or lichen protected under the Wildlife and Countryside Act 1981, the developer must apply for a wildlifeprotected species mitigation licence.. 

If the development proposal is likely to affect aan European protected species (EPS) plant, the developer must apply for a EPS mitigation licence.. 

You may also need to add mitigation or compensation strategies as a condition of planning permission. 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 athe wildliferelevant licencelicence 
• be confident that Natural England will grant a wildlife licence – read section 4 of Protected species and development: advice for local planning authorities

You cando findnot moreneed informationto inconsult Natural England on the guidancewording 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 development:capable adviceof forbeing localdischarged planningbefore authorities.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 aimprovements net gain in biodiversity through good design,design 
• follow suchother asrelevant greenplans roofs,and streetstrategies treesfor or sustainable drainagenature

Site management and monitoring

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

A site management and monitoring plan should include:

• longlong-term term maintenance and management plans for the specific wild plant, lichen or fungusfungus 
• monitoring wild plant, lichen and fungus populations
• reporting proportionateoutcomes, toincluding speciesremedial raritywork if outcomes are not being achieved