NEWCASTLE-UNDER-LYME BOROUGH COUNCIL

EXECUTIVE MANAGEMENT TEAM’S

REPORT TO COUNCIL

20 November 2019

Report Title:	Great Crested Newt District Licensing Scheme

Submitted by:	Executive Management Team

Portfolios:	Planning and Growth

Ward(s) affected:	All

Purpose of the Report To seek the agreement of the Council to join the Staffordshire and Stoke-on-Trent Great Crested Newt District Licensing Scheme.
Recommendation Newcastle-under-Lyme Borough Council signs a Memorandum of Understanding with NatureSpace Partnership to join the Staffordshire and Stoke-on-Trent Great Crested Newt District Licensing Scheme
Reasons District Licensing removes all uncertainties and delays that arise from the existing licensing system as there is no need for newt surveys and no separate license application to Natural England offering developers a ‘fast track’ when faced with great crested newt management on development sites compared to the current licensing arrangements.

1.	Background
Current process and issues Great Crested Newts (GCN) receive a high level of protection under European and UK law and this can cause delays for developers and increase their costs at every stage of the process Ecologists are also aware that in many cases the replacement habitat is poor, being not strategically located and often badly maintained post-development. This leads to populations of GCNs being lost or decreasing despite efforts and expense. Due to pressure from the development industry, government has tasked Natural England (NE) with finding better ways of dealing with protected species. General Licensing Policy Natural England (NE) is changing the way protected species licensing works. Changes have already been brought to general policies so that there are four new policies that apply everywhere: Policy 1 - Greater flexibility when excluding and relocating European Protected Species (EPS) from development sites Policy 2 - Greater flexibility in the location of newly created habitats that compensate for habitats that will be lost Policy 3 - Allowing EPS to have access to temporary habitats that will be developed at a later date Policy 4 - Appropriate and relevant surveys where the impacts of development can be confidently predicted The District Licensing Scheme 4. Following a pilot study in Woking in 2016, and experiences in the South Midlands in 2018, NE are in the process of rolling out the District Licensing Scheme (‘the Scheme’) where administrative areas are surveyed and modelled for species, and work done to improve habitats / populations in advance of development. The Local Planning Authority (LPA) is then licensed to consent development that affects GCNs in parallel to the planning process, avoiding the need for developers to go through the usual licensing process. 5. The Scheme is voluntary - developers can still opt to apply to NE for a GCN licence instead. 7. At first the Scheme will concentrate on GCNs, but this may go on to address other protected species, particularly bats.
2.	Issues
GCNs are a material consideration in the determination of planning applications on a significant number of sites within the Borough and such an issue has, and will continue to have, an impact on the delivery of development. The Scheme ensures that the issue of the impact of development is appropriately addressed in advance of development proposals coming forward and such ‘front loading’ provides greater certainty and removes delays that arise from the existing licensing regime. As this approach is still in its early stages there is a reputational risk arising from the Scheme.
3.	Proposal
This is a proposal to sign a Memorandum of Understanding with NatureSpace Partnership to join the Staffordshire and Stoke-on-Trent Great Crested Newt District Licensing Scheme (‘the Scheme’) The Scheme would offer developers a ‘fast track’ when faced with great crested newt management on development sites compared to the current licensing arrangements. The Scheme, endorsed by NE and run by the NatureSpace Partnerships (a consortium of charities and commercial bodies), would apply across participating LPA in Staffordshire and Stoke-on-Trent (currently anticipated to be Staffordshire, Stoke-on-Trent, South Staffordshire, Stafford, Lichfield, East Staffordshire, Tamworth, Staffordshire Moorlands and Newcastle-under-Lyme). Even with the Scheme in place developers can choose to pursue the current licensing arrangements instead if they so wish: survey (in April-May), report preparation, planning application, licence application to Natural England, habitat creation, fencing, trapping and relocation of great crested newts. Under the Scheme, the participating LPA would be licensed to allow development that affects great crested newts where developers have contributed to creation of habitat elsewhere. The Scheme is summarised as follows: Phase 1 – the survey and computer modelling 12. Existing data and new data are used in computer models to predict where GCNs are most likely to be found across Staffordshire and Stoke-on-Trent. Further maps are produced to show where conservation activity would benefit GCNs most (conservation priorities mapping) and where development is most likely (using local plans and site allocation data.) Models are refined using local knowledge. An assessment of likely impact from development over the local plan period is undertaken by the NSP. Phase 2 – the licence application 13. The information from models, the impact assessment and local advice from ecologists and others is used by the NSP to write a licence application for each LPA. The LPA signs this application and it then goes to Natural England. Phase 3 – the licence 14. If a net gain in conservation for GCNs is expected, and all three of the licensing tests are met, NE approves the application and grants a 2-year licence to each LPA. The NSP and the Newt Conservation Partnership (NCP) enter into the legally binding contract with NE to deliver the scheme over 25 years, including habitat creation and maintenance and monitoring. NSP are responsible for all the reporting requirements under the licences, reporting to NE and each LPA at least annually, and applying for timely renewals of the licences, with permission from each authority. 15. The NSP will provide training for planning staff within each individual LPA once the licences have been granted to ensure all staff are aware of the scheme and the requirements. Phase 4 – the initial habitat creation 16. The NSP fund a not-for-profit organisation, the Newt Conservation Partnership, to work with landowners to set up initial habitat creation for GCN. This may be on public or private land, as long as it is in appropriate areas for GCN conservation – largely within target areas according to the conservation model. Phase 5 - operational 17. The NSP produce publicity material and promote the Scheme. LPAs are also expected to provide information regarding the Scheme. 18. Developers approach NSP with their proposals. The simplest situations will result in NSP issuing a certificate or report to the developer. The developer submits this to the planning authority with their planning application. The LPA under the terms of their licence has a requirement to check this certificate / report before issuing planning consent. They must also use standard planning conditions in respect to the Scheme because these are written into the licence from NE. 19. In more complex cases, a developer with an extant planning consent who wishes to join the Scheme, will have to apply to have conditions amended or varied through planning applications, in order to have the necessary conditions added. 20. In all cases, once planning consent has been granted (and provided a certificate from NSP has been provided by the developer) the LPA can then authorise the development under the district licence. 21. The NSP will keep each LPA (through the named contact point) fully appraised of all work under the Scheme. Reports can be requested by LPAs at any time and NSP will provide timely updates, as well as regular updates and opportunities for planning authority officers and members to find out more about the local conservation activities under the scheme. Timescales 22. The Memorandum of Understanding (MoU) would need to be signed and returned by mid- November 2019. This is to enable NSP to let contracts and line up staff to work on the licence application process. 23. After the MoU is signed, the NSP would instigate the survey programme and convene further meetings with all LPAs to commence the partnership and ensure everyone is fully informed of progress. 24. Surveying must (because of the GCN breeding season) run throughout May for the Staffordshire scheme, and there is significant work to be done before this to determine survey locations (random stratified sampling) and then contact landowners for permission to visit and sample ponds and waterbodies. 25. Following survey and modelling, maps of future conservation status and GCN planning criteria would be produced by the NSP with the LPAs. 26. The remainder of 2020 would be used to refine models and the write licence applications. The Scheme would be expected to be available to developers and operational from early 2021. 27. It is intended that the application to NE to secure district licensing for each authority would be made towards the end of 2020. The Council would need to formally sign the licence application as the LPA at this stage. 28. Developers would be offered the option of using the Scheme from early 2021 onwards.
4.	Reasons for Proposed Solution
District Licensing removes all uncertainties and delays that arise from the existing licensing system as there is no need for newt surveys and no separate license application to Natural England offering developers a ‘fast track’ when faced with great crested newt management on development sites compared to the current licensing arrangements.
5.	Options Considered
The only option at this point in time is ‘do nothing’ whereby developers can only obtain a licence that enables development to take place through the existing licensing regime.
6.	Legal and Statutory Implications
LPAs are under a duty to consider the impact of development on protected species including Great Crested Newts in the determination of planning applications. Development can’t be granted planning permission, and licences won’t be issued, unless any impacts on GCNs and their habitats are addressed through appropriate mitigation.
7.	Equality Impact Assessment
N/A
8.	Financial and Resource Implications
There would be no financial costs for the participating LPA as the NatureSpace Partnership would cover the cost of establishing the Scheme by undertaking to carry out survey work and computer modelling, prepare the licence application to Natural England, create the initial areas of habitat and cover costs, including the cost of employing a Great Crested Newt Officer required to check certificates and monitoring work. Thereafter developer contributions are expected to support the operation of the Scheme. 31. Staff time from the LPAs would be required to provide data, e.g. on allocations. Once the Scheme is operational (Phase 5 above), the LPAs receive contributions from the NSP to cover any new staffing resources required for checking certificates, issuing authorisations and monitoring work. During the set-up of the Scheme and survey and modelling phases, it is envisaged that regular attendance at meetings / input of local knowledge will be required. 40. Beyond the initial work, developer contributions are expected to cover staff costs associated with the required GCN Officer Role via the NSP. The GCN Officer will be responsible for administration and monitoring of the Scheme once operational. Depending on demand this role could be part-time or shared with other LPAs. In the South Midlands Scheme, the NSP have been relaxed about the amount of time spent by the ‘GCN Officer’ on GCN work, allowing flexibility to deal with other casework; this is expected to continue (within reason). The NSP offer three models for staffing, all fully funded: Provide funding for LPAs to employ their own GCN Officer directly NSP employ the GCN Officers and place them on secondment with the LPAs, GCN Officers employed by a third party, such as the Staffordshire Wildlife Trust or similar. This model has not been used yet, but might work where a LPA has contracted ecology advice out (e.g. SMDC contract to Staffordshire Wildlife Trust currently) 41. The latter options avoid recruitment and employment liabilities for the LPAs. 42. Given current financial constraints and uncertainty, option (b) is favoured. This would enable us to ensure due diligence with regard to protected species and our planning functions, and also to take advantage of any flexibility in dealing with casework. 43. Uptake is expected to be slow in the early stages of the Scheme so the role of the GCN Officer for each LPA is likely to be part-time. Alternatively, the GCN Officer could be shared with other LPAs to create full-time posts. 44. The GCN Officer postholder/s will need to work alongside ecologists, but in close cooperation with planning officers. The role includes: checking reports and certificates ensuring the conditions are applied correctly issuing authorisations compliance checking. Once GCN habitat has been created there is an ongoing need to monitor and maintain it. At present this would be undertaken by the NSP and the costs would be built into the initial developer funding. An endowment fund has been set up and is held by the not-for-profit NCP. The fund would support this aspect of long-term management of created habitat. The fund would also deal with the chance of the NSP ceasing to trade.
9.	Major Risks
34. This approach is still in its early stages and is unpopular with some ecology professionals, who may be concerned about the Scheme. The fact that we would follow the South Midlands scheme, where LPAs played a strong role in shaping the model as ‘critical friends’ may help reconcile them. 35. The approach is likely to prove popular with developers, although the cost to them can appear high. With the NSP managing the income and certificates, it is expected that the process would become largely arm’s length for the LPAs. This should avoid the perception that the Scheme has been designed to generate further income / improve our own land. 36. The public may be critical, and careful management of expectations and message will be needed, particularly where GCN are seen as a means of preventing development. However, this is no different from the current situation where developers put forward adequate mitigation and GCN cease to be a ‘showstopper’ for objectors to use.
10.	Sustainability and Climate Change Implications
N/A
11.	Key Decision Information
N/A
12.	Earlier Cabinet/Committee Resolutions
None
13.	List of Appendices
N/A
14.	Background Papers
N/A

The Conservation of Habitats and Species Regulations 2017 42. Schedule 2

Wildlife and Countryside Act 1981 (as amended) 9 (4) (b) and (c) and 9 (5)