Within planning, minor applications are defined as;
- for dwelling houses, minor development is one where the number of dwelling houses to be provided is between one and nine inclusive on a site having an area less than one hectare. Where the number of dwelling houses to be provided is not known, a site area of less than 0.5 hectares should be used as the definition of a minor development
- for all other uses, a minor development is one where the floor space to be created is less than 1,000 square meters or where the site area is less than one hectare
All planning applications are required to protect, conserve and enhance biodiversity in order to meet national and local legislation and policy. Having protected species or habitats on your site does not mean that development cannot go ahead, but rather that as the owner you need to take steps to comply with the relevant wildlife legislation. When submitting a planning application, you will need to complete the biodiversity checklist integrated into the application form on the Planning Portal to determine whether you need to provide information on biodiversity to support your application.
Developments will have impacts beyond biodiversity, and we strongly advise that biodiversity requirements and plans are discussed with other disciplines, such as landscape, flood risk, transport etc, as early as possible to avoid potential conflicts within the plans.
Most minor applications will fall within the scope of the Dorset Biodiversity Appraisal Protocol (DBAP), which is Dorset Councils preferred approach to assessing the impact on biodiversity from planning applications. Where the biodiversity checklist indicates that the application is within the scope of the DBAP, appropriate ecological information is required to be submitted directly to Dorset Council Natural Environment Team (DC NET) along with the appropriate fee. We will then review and provide comments on the ecological impact of the application, and provide formal certification of the Ecology Report(s).
Application process
DBAP process for minor applications:
- where the biodiversity checklist indicates that you need an ecological survey you will need to engage with a professional Ecologist to provide this information, see below for further information on ecological surveys
- your Ecologist will visit the site to carry out a site survey, they may recommend further surveys depending on what they find, after which they will provide a survey report which details what they found and their recommendations
- in some cases your ecological survey may come back as negative i.e. there are no protected species or habitats which will be impacted by your proposals. In this case you should submit the survey report with your planning application. All planning applications must seek to enhance the site for biodiversity, to ensure your application is in line with the National Planning Policy Framework. This can be easily achieved by providing additional features for wildlife in the form of a bat or bird box, or habitat creation as part of your proposal. This can be added to the plan drawings which will be conditioned to your permission, if granted
- where further surveys are recommended by your Ecologist these must be carried out before you can submit your planning application
- once all surveys have been completed and the Ecology Report(s) written, these can be submitted to the planning team to register your planning application
- where the survey report states that biodiversity mitigation is required your application falls into the scope of the Dorset Biodiversity Appraisal Protocol (DBAP)
- your Ecologist submits the Ecology Report(s) to the Dorset Council Natural Environment Team (NET) via e-mail, along with the associated review fee
- at this point the Ecology Report(s) can be also submitted to planning to register your planning application
- the NET review the Ecology Report(s) to ensure it meets the applicable wildlife legislation, national and local planning policies. By reviewing these documents, the NET provides a quality assurance and the risk that objections on the grounds of wildlife impacts being lodged during the decision period that can lead to delay and uncertainty, are substantially reduced. The review process may include the NET requesting changes to the Ecology Report(s) before approval, we will liaise with your Ecologist if this is the case
- when satisfied, the NET will send your Ecologist a Certificate of Approval
- you should then submit the Certificate of Approval and associated Ecology Report(s) to the planning team prior to a decision being made on your planning application
- should your planning application be granted, the NET certified Ecology Report(s) will be conditioned to your permission and you will be responsible for complying with all measures
See the full guidance on the requirements for planning applications which fall under the Dorset Biodiversity Appraisal Protocol. This is technical guidance directed at Ecologists.
Ecology survey
You will need to engage with a professional Ecologist to conduct an ecological survey of your site. Unfortunately, as a local authority we are unable to recommend anyone specific, however a list of environmental consultants is available from one of the published directories of environmental consultants such as Environmental Consultants Directory, or the CIEEM - Member's Directory. It is advisable to ask for a licence number and references before employing a consultant for licensable work and to get a few quotes from different consultants for comparison as prices do vary.
As per our technical guidance, the NET expect any and all ecology surveys to be conducted to industry best practice guidelines. Where an ecologist plans to deviate from industry guidance for whatever reason, it is advisable to discuss this with the NET prior to the surveys being conducted to ensure we will accept the reasons for deviation. Surveys should be carried out at the optimum time of year when species are most active, where surveys are conducted outside of these times without sound reasoning being given the NET may request further surveys to be conducted, which can lead to significant delays.
Where further surveys are recommended by your Ecologist these must be carried out before you can submit your planning application.
Wildlife licences
It may be necessary for the Ecologist to apply for a European Protected Species Licence from Natural England where planned work would affect European Protected Species and would otherwise be illegal, e.g., destruction of a bat roost. This will be accounted for within the Ecology Report(s). The species and habitats to which the Ecology Report(s) refers are protected by law. It is therefore important that planning applicants are in agreement with the contents of the Ecology Report(s).
Biodiversity Net Gain
From 2 April 2024 minor applications will be required to deliver a minimum 10% biodiversity net gain (BNG) under the Environment Act (2021). Where sites are exempt from the mandatory 10% BNG requirement, we still expect applicants to achieve net gain and other biodiversity enhancements in line with the relevant development plan policy and DBAP guidance. We have produced a biodiversity net gain guidance note for applicants and agents summarising the background to BNG and how it should be delivered. This document will be updated regularly as further government guidance on BNG is produced.
Net gain will be quantified through use of the government’s biodiversity metric and developers are encouraged to use the metric now, in preparation for the requirement for mandatory net gain.
Dorset Council Great Crested Newt Licensing Scheme
If the Dorset Council Great Crescent Newt licensing scheme is being considered for the development site, please refer to the Guidance (Section D) and consult with NET to ensure all relevant documents are submitted at the correct stages in the planning application process. If being used, you must apply for authorisation from NET and make the conservation payment just before works are due to start on site.
Bryanston Site of Special Scientific Interest (SSSI) greater horseshoe bat roost
Applications within 10km of the Bryanston SSSI should refer to DBAP Guidance Section 4, which applies specifically to developments which could impact the Bryanston greater horseshoe bat roost. It explains how development activities may impact the SSSI and the steps required to avoid or mitigate any impacts. The planning authority will consider, based on evidence available, whether application proposals are likely to impact on greater horseshoe bats and if so, this guidance will be applied.
Fees
Fees for minor application approvals are charged at £371.
We charge the full fee for:
- new applications for the same site
- BPs amended beyond the 3 year period
Amendments cost £42. An amendment refers to the updating of Ecological Reports requiring a re-issue issue of the NET approval certificate within the 3 year validity period of the certificate.
Fees can be paid:
- online
- by card by calling 01305 228602 or 01305 228608. If paying by card please state that the payment is being made for Biodiversity Appraisal and give the site address
- by cheque; made payable to Dorset Council and sent to the Natural Environment Team
A small increase is made annually in-line with inflation.