How to make a Regulation 77 application under the habitats regulations

Please review guidance on Habitat Regulations Assessment and Mitigation which details the zonal approach in Bradford and how this affects our consideration of likely impacts from development Habitats Regulations Assessment and impact on South Pennine Moors.

What you should do if your proposed development falls under permitted development or already has prior approval

To benefit from permitted development rights, including those where prior approval is required, a development must comply with the provisions within the Town and Country Planning (General Permitted Development) (England) Order 2015.

As specified by para 3(1) of the 2015 Regs it must also comply with Regulations 75 to 78 of the Conservation of Habitats and Species Regulations 2017.

What am I required to do under Regulations 75 to 78

View a copy of the Conservation of Habitats and Species Regulations 2017.

Where a developer is, in effect, relying on a permitted right set out within Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 and that development:

1. is likely to have a significant effect on a European site or a European offshore marine site (either alone or in combination with other plans or projects); and
2. is not directly connected with or necessary to the management of the site

The developer will need to receive the approval of the local planning authority under Regulation 77.

A developer can seek to contact the appropriate nature conservation body directly under Regulation 76. In most cases, the relevant nature conservation body is Natural England.

How to apply

If a developer wishes to submit an application to the local planning authority under Regulation 77, they must provide the following:

• Details of the development to allow the LPA and Natural England to assess the potential impacts of the development on the SPA SAC. This should include information about construction and operation and details of any mitigating factors of likely impacts. This should include:
  • suitable plans of the proposals,
  • information about the number of people likely to live at the dwelling,
  • details of access and lighting,
  • any other relevant information about the development

• where appropriate, a copy of any relevant notification by the relevant nature conservation body under regulation 76
• contact details

If you already have prior approval, please include the relevant prior approval application reference and confirm that it is the prior approval scheme that is to be constructed.

There is no formal application form to complete. Please send the above information to [email protected].

Fees

The fee for a Regulation 77 application is set nationally by the government and costs £30.

How to pay

Once we receive your application, we will contact you to pay the fee. The Regulation 77 application will only be considered valid once the fee has been paid. Please ensure you provide contact details so we can arrange payment.

What happens next

Once the Regulation 77 application is deemed valid, the local planning authority will send a copy of the application to the appropriate nature conservation body, in most cases this will be Natural England.

How long does it take to process my application?

The timeframe for a Regulation 77 application is up to eight weeks, similar to a discharge of condition application. In most cases, we expect the application to be determined as soon as we have a response from the appropriate nature conservation body.

Where mitigation is required to be secured, we will contact you to discuss and may seek your agreement for further time to determine the application.

What issues may affect your application?

If your proposal involves the creation of net new dwellings and falls within Zone C of the internationally designated habitat site: South Pennine Moors SPA/SAC, then it is likely to have a significant effect on the designated site alone or in combination with other plans or projects. The main issue which may require mitigation to be secured for schemes in this zone is recreational impact.

The Council, working with Natural England, has identified that residential development within a certain distance of the designated habitat site contributes to increased recreational use and therefore mitigation measures are necessary to allow development to proceed and be compliant with the Habitat Regulations. The Council has developed a Mitigation Strategy as a way to strategically manage the adverse impacts of increased recreational pressures on the South Pennine Moors SPA/SAC. The measures in this strategy are secured by the payment of the Habitat Mitigation Fee from new developments.

Under the Regulation 77 application, the Habitat Mitigation Fee can be made either via an upfront payment under Section 111 of the Local Government Act 1972 or via the completion of a Unilateral Undertaking/ S106 legal obligation to secure the appropriate mitigation payment. The payment of the Habitat Mitigation Fee would offer a means to adequately mitigate the impacts for the permitted development in Zone C. Further information is available on the Habitat Mitigation Contribution Payments page. If you are able to choose this approach, then no further information is likely to be required.

Other permitted development types may require a Regulation 77 assessment. Further information on the location and types of development likely to require Regulation 77 approval can be found at Habitats Regulations Assessment and impact on South Pennine Moors.

What will happen if my Regulation 77 application is not approved?

If your Regulation 77 application is refused then you cannot begin your development using permitted development rights.

Can I start my development before applying for Regulation 77 approval?

If the necessary approval under Regulation 77 is not secured before the development starts, the proposed development will not benefit from deemed planning permission.

If the development is deemed to be unlawful, enforcement action could be taken.

An application for retrospective planning permission may not receive approval unless appropriate mitigation is secured under any related habitat regulations assessment.