Sites of special scientific interest: managing your land and getting consent for activities

For land you own or occupy, Natural England can select all or part of it for protection. Natural England will do this when it believes the site has features of special interest, such as its:

• wildlife
• geology
• landform

Natural England will ‘notify’ (or designate) the land as a site of special scientific interest (SSSI). Find out more about the designation process and your rights.

This guide tells you what rules you must follow when you manage land you own or occupy within a SSSI.

If you do not own or occupy the land and you plan an activity such as an event or survey, you must work with the owner or occupier.

There’s separate SSSI guidance for public bodies.

Check if your land is within a SSSI

All SSSIs in England are registered on the Land Charges register. If you’re buying land, your conveyancing search will check if it’s notified as a SSSI. You can also use the MAGIC map system to check if your land or land you’re buying is within a SSSI.

1. Click on the ‘+’ symbol below the on-screen compass to zoom in on the detail.
2. Drag the map to your location using your mouse or mouse pad.
3. Click on the ‘i’ identify tool in the toolbar at the top of the screen.
4. Using the crosshair, click on the map to find out the name of the SSSI.

Natural England can also designate new SSSIs and make changes to existing SSSIs.

Manage SSSI land effectively

You must manage land within a SSSI effectively and appropriately to conserve the special features of the site, such as:

• grazing animals at particular times of the year
• managing woodland
• controlling water levels
• managing scrub on species-rich grassland

You must check if you need consent before you start work to:

• carry out management tasks
• change an existing management regime

Check if you need consent

There are certain things you cannot do on SSSI land without consulting Natural England and getting consent first. For example, you might want to change the way you manage woodland or change a grazing regime.

Each SSSI has a list of activities, known as ‘operations’, which need Natural England’s consent

Even with Natural England’s consent, you still need to get the necessary permissions required to undertake the operation lawfully. This may include:

• additional permissions from other authorities
• private permissions, for example access permission

When operations do not need consent

You do not need consent for:

• emergency work, for example to protect livestock during a flood (you must tell Natural England as soon as possible afterwards)
• operations with permission from a public body or local authority (they must have consulted Natural England before they granted permission)
• an operation which is not on the list of ‘operations requiring Natural England’s consent’ (the ORNEC list) for that site

Find out about your land within a SSSI

Use the designated sites system (DSS) to search for a SSSI to:

• get the ORNEC list - you can download a list for each SSSI
• get a map of the site’s boundary
• find out why the site was designated
• get Natural England’s ‘views about management’ report for its steer on how to manage land effectively
• find out the condition of the site

You must get written consent from Natural England if you intend to carry out a listed operation within the boundary of the SSSI. Read the section ‘Get consent to carry out operations on your land’ for guidance on how to do this.

If you do not have Natural England’s permission, you could:

• get an unlimited fine if you - or you allow someone else to - carry out a listed operation
• have to pay to repair any damage to the site

Get consent to carry out operations on your land

You must get permission to carry out:

• ORNEC on your site
• other activities that may damage the SSSI, such as an event or surveying - including those carried out by a third party

Discuss your proposal with Natural England

You should contact Natural England to discuss your proposal.

You may be able to get initial informal advice from Natural England before submitting your proposal to help reduce delays in the consent process.

There are also options to pay for:

• standard advice
• fast-track advice
• a quick check service

Find out more about getting advice from Natural England about a SSSI.

Complete the consent notice form

If you think you need consent for your activities, complete the consent notice form.

You’ll need to provide the following details:

• the land owner or occupier, if this is not you
• the name of the SSSI
• what you intend to do, including where, how and when
• the machinery you plan to use, including the type of machine and its approximate weight
• your name and address
• if applicable, details related to a land management scheme, or other permission, including the type of scheme, agreement reference number, where activities will take place and dates

Start now

Tree felling

If you apply to the Forestry Commission for a felling licence within a SSSI, you’ll need Natural England’s consent. This is for operations not described in the licence, such as where vehicles cross the SSSI to get to the felling location.

Read the guidance on how to get Natural England’s consent for work in SSSIs. You should also read the guidance for sites of special scientific interest on or near woodland.

You must:

• complete the supplementary notice of operations in a SSSI form and send it to the relevant Forestry Commission administrative hub, which will seek Natural England’s consent for you
• apply online for your felling licence

EIA (Agriculture) regulations

If you need Natural England’s consent, you may also need to get a separate environmental assessment under the EIA (Agriculture) regulations. Find out when you need to apply for an EIA screening or consent decision.

Decisions on consent applications

Natural England aims to make consent decisions within 28 working days, but can take up to 4 calendar months, if necessary.

For eligible applications, you’ll get one of the following decisions once Natural England has assessed your application:

• consent granted without conditions (for example for operations that are necessary for achieving favourable condition)
• consent granted with conditions, such as requiring you to carry out operations in a certain way or at a certain time to avoid damage
• consent refused for any operations that would damage notified features

How Natural England makes a decision

Natural England decides whether to grant consent by assessing the scale and intensity of the proposed operation on the site’s notified features. It will assess the level at which the site can sustain the proposed operations without causing significant negative effects. This is known as the site’s ‘carrying capacity’.

Where possible, Natural England will work with you to improve your proposal to avoid:

• damage to the site
• getting consent with conditions attached
• refusal of consent

You may need to pay for advice if your proposal is complex. Natural England will tell you if you need this service.

It’s an offence to carry out a listed operation without Natural England’s consent or to ignore the conditions of a consent.

Read the guidance on getting free or charged advice from Natural England before you apply for consent. This will help you submit your application.

SSSI condition

Natural England’s objective is to achieve ‘favourable condition’ status for all SSSIs. Favourable condition means that the SSSI’s habitats and features are in a healthy state and are being conserved by appropriate management.

Natural England will assess whether proposals to carry out operations within a SSSI have a positive or negative effect on the condition of a site.

Find out more about how Natural England assesses the condition of SSSIs.

How long a decision takes

Natural England will acknowledge receipt of your application within 10 working days.

If your application is straightforward, Natural England will try to give you a decision within 28 working days. Natural England can take up to 4 months to make its decision. It will tell you when you’re likely to get a decision if:

• your case is complex
• it’s going to take longer than 28 working days

If you do not receive a consent decision within 4 months, you should take this as a refusal of consent.

If you need advice quicker than 28 working days, you can pay for the fast-track advice service. This service is subject to Natural England’s discretion.

How to appeal against a decision

You have the right to appeal to the Department for Environment, Food and Rural Affairs (Defra) if:

• Natural England refuses permission for operations
• you disagree with the conditions applied to the consent
• Natural England withdraws or modifies previous consent
• you do not get a consent decision within 4 months

You have 2 months to appeal. Read the guidance on the appeals process.. You may be able to resolve the problem without a formal appeal by speaking to Natural England.

Withdrawal or modified consent

Natural England can withdraw or modify an existing consent if new surveys on the site show it’s declining from operations previously given consent. This is usually for exceptional cases only.

Enforcement

Natural England will take enforcement action on you or others who:

• intentionally or recklessly damage the SSSI
• destroy any of the features of special interest
• disturb wildlife for which the site was notified
• carry out listed operations without consent

Where possible, Natural England will work with you to avoid legal proceedings. Read the section on enforcement undertakings to find out more. Natural England will use enforcement measures as a last resort.

Change of ownership

You must tell Natural England within 28 days about changes to the ownership or occupation of SSSI land, including if:

• you sell your land
• you lease it to another person
• someone else gets the right to use the land (known as ‘an easement’)

Contact

Get consent advice from Natural England