This document from Natural England outlines their regulatory role regarding natural flood management projects. It discusses three main areas where early discussion with Natural England is required: 1) if the land contains protected sites like Sites of Special Scientific Interest, 2) if it supports any protected species, and 3) if the land is under an agri-environment scheme. For each area, it provides guidance on consultation procedures and potential impacts to consider.

1. www.gov.uk/natural-england
Natural Flood Management: the
regulatory role of Natural England

2. Who are Natural England?
Natural England is the Government’s statutory adviser for the natural
environment in England. We work to protect England’s nature and
landscapes for people to enjoy and for the services they provide.
Much of this work is best done in partnership with others and Natural
Flood Management is clearly an example of where working with others
will achieve greater benefits. There are three main areas of our work
where early discussions with Natural England may be required:
•Protected Sites (SSSIs)
•Protected Species
•Agri-Environment Schemes

3. Is the land a Site of Special Scientific Interest ?

4. Is the land a Site of Special Scientific Interest
(SSSI)?
• The government mapping website www.magic.gov.uk will provide
the location of protected sites and semi-natural habitat.
• Activities within SSSIs will require consultation with and consent
from Natural England (under the Wildlife and Countryside Act, as
amended).
• Consent will be given provided the activity does not damage the
special interest of the SSSI.
• The landowner should be aware of this process and who to contact
within Natural England.

5. Does the land support a protected species?

6. Does the land support a protected species?
A number of species have special legal protection under a range of legislation,
but mainly The Conservation of Habitats and Species Regulations (2010) and
the Wildlife & Countryside Act (1981). The level of protection will vary
depending on the species and the legislation but, in broad terms, this means it
is a criminal offence:
•to deliberately take, capture, kill, or injure such species of animals or
•to take their eggs or disturb their breeding or resting places and
•to pick, remove, uproot or destroy any wild plant included in the Acts.
The above actions can be made lawful through the granting of Licences by the
appropriate authorities. Licenses may be granted for a number of purposes
(such as science and education, conservation, preserving public health and
safety), but only after the appropriate authority is satisfied that there are no
satisfactory alternatives and that such actions will have no detrimental effect on
wild population of the species concerned

7. Does the land support a protected species?
Some examples of European Protected species:
•all species of bats
•great crested newts
•common dormice
•otters
Some examples of nationally protected species:
•badgers
•water voles
•wild birds
•white-clawed crayfish
There are also plant species that are under protection too.

8. Does the land support a protected species?
To avoid breaching legislation follow good practice guidance and keep a record
of your decisions. For example:
Water vole: could it stop their movement along the watercourse corridor,
damage banks where they burrow, or change water levels and reduce the
vegetation they feed on?
Bats: do the trees affected have potential to house bats, i.e ivy or splits/ holes?
Otter: are there any resting sites/holts that may be affected?
White-clawed crayfish: might it remove/disturb their refuges or lead to increased
silt levels?
Birds: avoid the bird nesting season. (March – August )

9. Does the land support a protected species?
The Forestry Commission’s publication on Protected Species provides
guidance on good practice:
http://www.forestry.gov.uk/pdf/EPSA6FieldGuide.pdf/$file/EPSA6FieldGuide.pdf
For further guidance and advice either speak to an ecologist and/ or the
standing advice on: https://www.gov.uk.
Natural England offer a chargeable advice service for:
•a pre-submission screening service (PSS) to find out if a development
proposal affects a protected species and needs a wildlife licence
•a discretionary advice service (DAS) which is extra advice for more complex
development proposals that affect the environment.

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Is the land under an agri-environment scheme?

11. Is the land under an agri-environment scheme?
The landowner will be aware if they are in an agri-environment scheme
and what they are required to do under the scheme.
Examples of works may include change of land-use (grassland to
woodland/scrub), alterations to stock fencing, or excavation of the
ground to create holding pools.
Discuss proposals with a Natural England adviser at the early stages
as modifications to land management may be contrary to the
agreement and be subject to financial re-claims.