The Conservation of Habitats and Species Regulations 2017 (as amended), commonly known as the Habitats Regulations, protect important wildlife sites and species across Great Britain.
Protected sites include:
- Special Areas of Conservation (SACs)
- Special Protection Areas (SPAs)
- Ramsar sites
Part of the Thames Basin Heaths SPA lies within Bracknell Forest and most of the borough falls within its buffer zone.
Part of Windsor Great Park SAC is also located within the borough. Several other SACs and Ramsar sites are located nearby.
The Habitats Regulations can affect:
- planning applications
- prior approval applications
- applications for lawful development certificates
For more information, read our Thames Basin Heaths Special Protection Area webpage.
Prior approval applications
Article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) grants planning permission for certain forms of development described as permitted development, subject to Regulations 75 to 78 of the Habitats Regulations.
Regulation 75 requires developers to get written approval from the local planning authority under Regulation 77 before development begins. If development starts before written approval is received, the works may be unlawful and we may take enforcement action.
Habitats Regulations Assessment (HRA)
Once a prior approval application has been submitted, we will assess whether the development is likely to have a significant effect on a protected habitats site. Where a likely significant effect cannot be ruled out, we will undertake a HRA.
Mitigation may be required, including:
- Suitable Alternative Natural Greenspace (SANG)
- Strategic Access Management and Monitoring (SAMM) contributions
These will be secured through a Section 106 agreement. Where mitigation is required, any Section 106 agreement must be completed before written approval under section 77 can be issued.
For larger developments, an air quality assessment may also be required (see below). In some cases, we will consult Natural England.
Approval fee
To get written approval under Regulation 77 before commencing permitted development, a fee of £30 per application is payable. Payment can be made through Bracknell Forest Internet Payments.
Do this by selecting:
- Other Payments
- Development Management
- Planning
- S106 or CIL Payments.
Use the property address as the payment reference.
Lawful Development Certificates
A Lawful Development Certificate of existing use or development (LDC) establishes whether an existing use or operation is lawful. Applications for an LDC must comply with the Habitats Regulations before a certificate can be issued.
HRA
Once an application has been submitted, we will assess whether the development is likely to have a significant effect on a protected habitats site. Where a likely significant effect cannot be ruled out, we will undertake a HRA.
Mitigation may be required, including:
- SANG
- SAMM contributions
These will be secured through a Section 106 agreement. In some cases, we may consult Natural England.
Section 106 agreements
Where mitigation is required, any Section 106 agreement must be completed before a Lawful Development Certificate can be issued.
Development proposals within 400 metres of the Thames Basin Heaths SPA that result in a net increase in dwellings cannot be mitigated. Therefore, a certificate cannot be granted.
Air quality and habitats sites
New residential and non-residential development can increase traffic levels and vehicle emissions. In combination with other development, this may affect air quality and potentially impact protected habitats sites.
An air quality assessment was undertaken to support the Bracknell Forest Local Plan (BFLP). This concluded that the Local Plan would not result in adverse effects on habitats sites arising from changes in air quality.
When an air quality assessment is required
Natural England currently advises that developments with a net increase of more than 100 dwellings will require an air quality assessment.
Other developments may also require an assessment on a case-by-case basis if they were not included in the BFLP Air Quality Assessment. This is in line with BFLP policies LP31 and LP32.
More information can be downloaded below.
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Why the assessment is needed
The results of an air quality assessment help us undertake a Habitats Regulations Assessment.
We cannot provide detailed technical advice on air quality assessments. Applicants are strongly encouraged to contact Natural England for advice at an early stage.
Where a proposal is found to have likely significant adverse air quality effects on protected habitats sites, appropriate mitigation measures will be agreed as part of the planning application process.