Regulating authorities

Before consenting to activities, regulating authorities (such as planning authorities) need to be aware of the law and Scottish Government policy regarding protected species.

Understanding how a species is protected may not be straightforward for regulatory authorities since the legal protection can vary between species and different policies may apply.  To find out more about the law affecting a species, go to our legal framework and species pages.

For European protected species (EPS) which require strict protection, it is Scottish Government policy  that before deciding whether to grant planning permission, all planning authorities fully ascertain whether EPS are present on a development site and if so consider what the implications might be.  Attaching a suspensive condition to a planning permission is not allowed (for example, a condition requiring that development should not start until a bat survey has been done).

If an EPS is present on a site, the planning authority must satisfy itself that the proposed development will not adversely impact on the species, or that all three tests (conditions) necessary for the eventual grant of an EPS licence to the developer are passable.

Guidance on how planning authorities can give consideration to widespread protected animals will be available soon. 

Note that the above policy and guidance material applies to other regulatory authorities operating in Scotland (for example, Forestry Commission Scotland in relation to felling licences; Scottish Environment Protection Agency in relation to permits issued under the Controlled Activities Regulations 2005).