Invertebrates: advice for making planning decisions
Source: gov.uk (2025-04-07)

How to assess a planning application when there are invertebrates on or near a proposed development site.

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 (https://www.gov.uk/guidance/protected-species-how-to-review-planning-applications#standing-advice-for-protected-species).

You should read this guidance alongside Protected species and development: advice for local planning authorities (https://www.gov.uk/guidance/protected-species-how-to-review-planning-applications).

Following this advice:
- avoids the need to consult on the impacts of planning applications on invertebrates 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 (https://cieem.net/i-need/finding-a-consultant/)
- Environmental Data Services directory (https://www.endsdirectory.com/)
How invertebrates are protected

The developer must comply with the legal protection of invertebrates.

Some invertebrates are European protected species (EPS) protected under the Conservation of Habitats and Species Regulations 2017. These include:
- large blue butterflies (eggs, caterpillars, chrysalises and adults)
- Fisher’s estuarine moths (eggs, caterpillars, chrysalises and adults)
- little whirlpool ramshorn snails
Some freshwater pearl mussels and white-clawed crayfish populations are qualifying features of Special Areas of Conservation (SACs) and therefore receive further protection under the Conservation of Habitats and Species Regulations 2017. You can read on the Joint Nature Conservation Committee’s website which SACs have freshwater pearl mussels (https://sac.jncc.gov.uk/species/S1029/) and white-clawed crayfish (https://sac.jncc.gov.uk/species/S1092/) as a qualifying feature.

These 2 species are not included in this invertebrates guidance. Read the separate guidance for:
- freshwater pearl mussels (https://www.gov.uk/guidance/freshwater-pearl-mussels-advice-for-making-planning-decisions)
- white-clawed crayfish (https://www.gov.uk/guidance/white-clawed-crayfish-advice-for-making-planning-decisions)
It is an offence to:
- deliberately kill, injure, disturb or capture them
- deliberately take or destroy their eggs
- damage or destroy their breeding sites and resting places (including when invertebrates are not present)
- possess, control or transport them (or any part, alive or dead)
- sell, exchange, offer to sell or exchange
For large blue butterflies and Fisher’s estuarine moths, it is also an offence under the Wildlife and Countryside Act (WCA) 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
Many other invertebrate species are protected under schedule 5 of the Wildlife and Countryside Act 1981 (https://www.legislation.gov.uk/ukpga/1981/69/schedule/5). For those listed in schedule 5, it is an offence to intentionally:
- kill, injure or take them
- possess or control them (alive or dead)
It is also an offence to intentionally or recklessly:
- damage or destroy a structure or place used for shelter or protection
- disturb them while they occupy a structure or place used for shelter or protection
- obstruct access to a structure or 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
Many invertebrates are included on the list of species of principal importance in England (https://www.gov.uk/government/publications/habitats-and-species-of-principal-importance-in-england) under section 41 of the Natural Environment and Rural Communities Act (2006). Some species are listed as critically endangered. Find out more by checking the consolidated list of red listed species on the Joint Nature Conservation Committee’s website (https://hub.jncc.gov.uk/assets/478f7160-967b-4366-acdf-8941fd33850b). 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 (https://www.gov.uk/guidance/complying-with-the-biodiversity-duty).

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

When to ask for a survey

You should ask for a survey if distribution and historical records suggest protected invertebrates may be present. You can search the National Biodiversity Network Atlas (https://nbnatlas.org/) by species and location.

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

Invertebrates exist in all habitats, but certain habitat types are of very high value and should be considered in survey plans. These include:
- a group of trees or woodlands that support mature and ancient trees
- semi-natural vegetation, especially in mixed habitats
- wetlands
- coastal areas, such as saltmarshes, soft rock cliffs and shingle bars
- mosaic habitat of grassland and scrub
- mosaic habitat on previously developed land (https://hub.jncc.gov.uk/assets/a81bf2a7-b637-4497-a8be-03bd50d4290d)
Small areas of habitat can be of high value to all invertebrates, whether they are protected or not. This means even small-scale development proposals can harm species such as:
- large blue butterflies
- Fisher’s estuarine moths
- little whirlpool ramshorn snails
Natural England provides a framework for surveying terrestrial and freshwater invertebrates for conservation evaluation (http://publications.naturalengland.org.uk/publication/36002).

If a survey is needed you must check if the ecologist is qualified and experienced to carry out surveys for invertebrates. CIEEM publishes advice on the valid age of ecological reports and surveys (https://cieem.net/wp-content/uploads/2019/04/Advice-Note.pdf)

Assess the effect of development on invertebrates

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

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

The Pantheon database (https://www.brc.ac.uk/pantheon/) holds data on invertebrates that helps you assess if the development site is of good quality habitat by using a scoring 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, mitigation and compensation measures

Where possible development proposals should avoid negative effects on invertebrates. 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.

To avoid possible negative effects on invertebrates, developers could redesign the development proposal to:
- leave any invertebrate habitats in place
- alter the timing of works
- change the methods of working
- 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:
- reducing the scale of the impact by minimising the footprint of the development
- creating new habitat, based on the impact to the development site’s most valuable resource, such as its nectar and pollen or nesting qualities
- maintaining areas of mosaic habitat or areas rich in pollen within the development site
- phasing of works and restoration activity to provide habitat continuity
- maintaining sufficient suitable habitat, such as re-using soils and substrates, to support the species in the local area
More detailed measures should be species specific.

If there is no reasonable alternative habitat close by, developers could consider translocation (moving species from one place to another). Developers must get advice from a suitably qualified invertebrate ecologist 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.

For more information on mitigation plans and compensation measures, read Protected species and development: advice for local planning authorities (https://www.gov.uk/guidance/protected-species-how-to-review-planning-applications).

Planning and licence 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 (https://www.gov.uk/government/publications/european-protected-species-apply-for-a-mitigation-licence) if the development proposal affects:
- large blue butterflies
- Fisher’s estuarine moths
- little whirlpool ramshorn snails
If the development proposal includes ditch maintenance and little whirlpool ramshorn snails are affected (https://www.gov.uk/government/publications/little-whirlpool-ramshorn-snails-licence-for-ditch-maintenance), 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 (https://www.gov.uk/government/publications/protected-species-apply-for-a-mitigation-licence-a05-and-a05a).

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 a wildlife licence
- be confident that Natural England will grant a wildlife licence – read section 4 of Protected species and development: advice for local planning authorities (https://www.gov.uk/guidance/protected-species-how-to-review-planning-applications)
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 (https://www.gov.uk/guidance/biodiversity-duty-public-authority-duty-to-have-regard-to-conserving-biodiversity), 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 include:
- long term maintenance and management plans for the site
- monitoring the site for several years after development
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.

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