Water voles: advice for making planning decisions
How to assess a planning application when there are water voles on or near a proposed development site.
Applies to England
This is Natural England鈥檚 鈥榮tanding advice鈥 for water voles. 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.听You should read this guidance alongside Protected species and development: advice for local planning authorities.听
Following this advice:听
- avoids the need for you to consult on the impacts of planning applications on water voles in most cases听
- can help you make decisions on development proposals听
You may need a qualified ecologist to advise you on the planning application and supporting evidence. You can find one using either the:听
- 听
- 听
Qualified ecologists should follow published guidelines such as:听
- published by the Mammal Society
- Water Vole Conservation Handbook 2011 - published by the Wild Conservation Research Unit, University of Oxford听
How water voles are protected听
Water voles are protected under the Wildlife and Countryside Act 1981. It is an offence to intentionally:听
- kill, injure or take them听
- possess or control them (or any part, alive or dead)听
It is also an offence to intentionally or recklessly:听
- damage or destroy a structure or place used for shelter or protection听
- disturb them while they occupy a structure or place used for shelter or protection听
- obstruct access to a structure or place used for shelter or protection听
- possess or transport them (or any part, alive or dead)听
- sell, offer, or publish an advert to sell them
Water voles are:听
- listed as endangered on the听
- included on the list of species of principle importance in England under section 41 of the Natural Environment and Rural Communities Act (2006)听
These documents may not be accessible to assistive technology.
You must consider the conservation of water voles as part of your planning decision. Find out more about your biodiversity duty.听
The developer must comply with the legal protection of water voles.听
The developer may need to apply for a water vole licence to carry out their development proposals.听
When to ask for a survey听
You should ask for a survey if distribution and historical records suggest water voles may be present.听You can by species and location.
Absence of a record does not mean there are no water voles. It could mean there is no survey data available for that location.听
You should also ask for a survey if the habitat is suitable for water voles, for example, if there are:听
- soft earth banks for burrowing
- wide swathes of soft vegetation growing from the banks and in the water听
- slow-flowing water courses or clustered ponds and wetlands of varying depths听
- places for water voles to escape from predators听
Water voles can be present in habitats where water bodies are not connected.听
You must check if the ecologist is qualified and experienced to carry out surveys for water voles. CIEEM publishes:听
- 听
- advice on the
Assess the effect of development on water voles听
Developers should submit information with their planning application on how their development proposal avoids or mitigates harm to water voles.听
Activities that can harm water voles include:听
- destroying or damaging their habitat听
- destroying or disturbing places used for shelter or protection听
- changing water quality
- changing water depth听
- breaking connections or routes between听habitats
To understand the level of mitigation needed, the development proposal needs to show:听
- how likely it is that water voles will be affected by any development work听
- the potential effects that work to the watercourse itself and work nearby would have on water voles听
For information about water voles, their distribution and conservation status, read chapter 7.9 of 鈥. The document may not be accessible to assistive technology.听
Avoidance, mitigation and compensation measures听
Where possible development proposals should avoid negative effects on water voles. 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.听
Developers could redesign the development proposal to avoid:听
- working where there are water voles听
- habitat fragmentation and isolation by maintaining habitat connection听
- damage to water vole habitat听
Where this is not possible, mitigation measures could include encouraging water voles to move to an alternative connected habitat by removing vegetation, known as displacement.听
If the development has a negative impact on the water voles that cannot be mitigated for, the developer must compensate for this.听
Any new habitat created for water voles must be capable of supporting them before they are displaced or moved. It should be nearby and well connected to other suitable habitat for water voles.
The compensation could include:听
- providing more or better habitat for the water voles, to make up for any lost through development听
- improving water quality听
- enhancing bank and vegetation structure听
- carrying out mink control听
Natural England will only grant a licence to translocate water voles off the development site or take them into captivity as a last resort. The translocation proposal should include evidence that:听
- there is no suitable alternative on the development site听
- removing water voles from the development site will not have a detrimental effect on the source population听
- removing water voles from the development site will benefit water vole conservation听
For more information on mitigation plans and compensation measures, read section 3 on Protected species and development: advice for local planning authorities.听
Planning and licence conditions听
The developer may need to apply for a water vole mitigation licence if their activities are likely to affect water voles听
If the project affects less than 50 metres of bank, the developer can employ an ecologist registered under class licence CL31 to displace water voles.听
You may also need to add mitigation or compensation strategies as a condition of planning permission.听Before you can grant planning permission, you must:听
- work with the relevant ecologist to make sure these conditions do not conflict with the requirements of the water vole licence听
- be confident that Natural England will issue a licence.听Read section 4 of Protected species and development: advice for local planning authorities听
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.听
Natural England will only confirm if you need a licence when the development proposal is a Nationally Significant Infrastructure Project (NSIP).听
Enhance biodiversity听
To meet your biodiversity duty, you should suggest ways for the developer to:听
- create new or enhanced habitats on the development site
- achieve improvements in biodiversity through good design听
- follow other relevant plans and strategies for nature听
Site management and monitoring听
You should consider the need for site monitoring and management. These measures are likely to be a condition of wildlife licences.听
A site management and monitoring plan should include:听
- vegetation management to maintain shelter and foraging resources听
- management of the potential risks from increased human presence and pollution听
- maintenance or improvement of water quality and water levels at the development site听
- monitoring of water vole populations after development听
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.
Updates to this page
-
This guidance has been improved and updated. This includes the following changes. In the section on how the species are protected, the list of offences has been updated to match the relevant legislation. In 鈥楶lanning and licence conditions鈥, new wording has been included about planning conditions, including the discharge of conditions and issuing of licences. In the 鈥榳hen to ask for a survey鈥 section, the types of habitat have been clarified and updated. In the 鈥榓ssess the effect of development鈥 section, the list of activities that can harm water voles has been updated.
-
Guidance updated to include information about the new licensing purpose: reasons of overriding public interest.
-
First published.