Local Requirements

A PEA will generally be required for:

1. Demolition of a building
2. Works to a roof, roof space, weather boarding or hanging tiles e.g. loft conversion, roof raising, extensions
3. Works to a quarry or built structures such as bridges, viaducts, aqueducts, tunnels, mines, kilns, ice houses, military fortifications, air raid shelters, cellars and similar underground ducts and structures
4. Wind turbine(s)
5. Will illuminate /cause light spill onto a church, listed building, woodland, hedge, pasture, watercourse, water body, tree line or a bat roost
6.  Impacts on a watercourse, intertidal area or standing open water (e.g. ponds, Reed beds) excluding ornamental garden ponds
7. Removes, or moves, part / all of a native Devon hedge or line of trees (excluding domestic hedges unless > 10 m being removed)
8. Is within, or may impact on (including impacts on hydrology), a woodland or a substantial area of scrub connected to a woodland or hedge
9. Surgery to or felling of a mature tree with obvious holes, cracks or cavities, dense ivy, deadwood, bird / bat box (i.e. features which may be a bat roost)
10. Removal of tussocky (rough) grassland, wet grassland, flower rich grassland or heathland

All applications except Householders will also need to provide surveys if the proposal:

1. Is within or immediately adjacent to
   1. a designated wildlife site 
   2. Special Areas of Conservation,
   3. Special Protection Area,
   4. Sites of Special Scientific Interest,
   5. County Wildlife Site,
   6. Local Nature Reserve,
   7. Special Verge,
   8. RIGS
2. Involves lighting or removal of a tree line, woodland, hedges, pasture within a Greater Horseshoe Bat consultation zone (please ask the LPA during pre-app discussions)

NB: Typically surveys are valid for two years. However this may vary according to the site characteristics, wildlife interest at the site, and any changes that may have taken place since the initial survey. If you are unsure whether an existing survey is recent enough to support your application, you should first check with your ecologist.

A case-by-case basis, but generally applications involving:-

•  Barn Conversions
• Demolitions
• Redevelopment of existing buildings that involves works to roofs, roof spaces, external cladding or cellars
• Works to underground structures other than drains/sewers
• Wind turbines or solar panels
• Floodlighting
• Felling of trees with bat roost potential

Within South Hams SAC Zones

Within a South Hams SAC Sustenance Zone or Landscape Connectivity Zone applications involving:

• New build or change of use on, or adjacent to, greenfield sites, vegetated brownfield sites, woodland, hedges, rivers or streams
• Loss of or changes to farmland, woodland or scrub
• Removal of hedges/trees
• Wind turbines
• Floodlighting
• Other external lighting

Sites within the SAC

Sites within or affecting the South Hams Special Area of Conservation may require comprehensive bat surveys, undertaken over an extended period.

Where a development may affect the South Hams Special Area of Conservation (SAC) or the greater horseshoe bats that constitute the SAC's 'special interest,' the Council must undertake an Appropriate Assessment of the impacts. This is done under the Conservation of Habitats and Species Regulations 2017.  This is the case whether the development affects the SAC either directly or indirectly, alone or in-combination with other developments.

The applicant/agent must submit evidence including:

• The use made of the area by greater horseshoe bats, with up-to-date survey evidence
• the type and extent of the impact(s) from the development, including habitat loss, flight path severance and increased lighting levels
• mitigation measures proposed and how they will be delivered and maintained
• how the mitigation will fully address the impacts on the SAC and greater horseshoe bats
• ongoing monitoring of the effectiveness of the mitigation

Sites located within the SAC or one of the associated Greater Horseshoe Bats Sustenance Zones may require comprehensive bat surveys. These surveys should be undertaken over an extended period prior to submission of the application. These surveys should comply with the latest Bat Conservation Trust's survey guidance. The relevant areas can be viewed on the ecology layers of the Devon County Council map viewer (see links below).

Sites located within the SAC Landscape Connectivity Zone may also require bat surveys. Pre-application advice should be sought from Natural England

The South Hams SAC Planning Guidance gives more detail on likely impacts on SAC bats, size and type of developments that might impact on them and possible mitigation measures. The guidance explains the difference between the Sustenance Zones and the Landscape Connectivity Zone

All surveys must be up-to-date and undertaken by suitably qualified and licensed ecological consultants

Information on existing and proposed lighting levels, must also be provided in consultation with lighting and ecological consultants. In some cases, noise studies may also be required, again informed by consultants. Mitigation measures must be devised in consultation with ecological and subject-specific consultants

All new residential and tourism development within the 12 km Zone of Influence around the Tamar European Marine Site must contribute towards mitigating the recreational impact of development on the Site. This includes changes of use to residential and tourist accommodation annexes 

Sufficient information (surveys, reports, mitigation) must be submitted with the application to enable a HRA/AA to be carried out.

Where the only potential harm is from recreational disturbance, Natural England agree that mitigation can be met by a specified financial contribution to a Strategic Mitigation Plan. Otherwise a full AA and mitigation strategy will be required for each proposal.

The standard Unilateral Undertaking (and fee) is required and canto be submitted with the application to avoid delay, where this is the only matter needing to be secured by legal agreement. The fee will be refunded in the event of a refusal of planning permission.

Please refer to the SPD for contribution levels

Please note, we will require a completed Unilateral Undertaking before we can issue your decision where it is approved

For development affecting other designated sites, applications must be accompanied by a document entitled 'Evidence to inform a Habitats Regulations Assessment.'

This should consider the probability or risk that the proposal will have significant effects on the conservation objectives of the protected sites. These effects may be either alone or in combination with other plans or projects.

Where there is a likelihood of an adverse significant impact on a European Protected Site, we will undertake an 'Appropriate Assessment.' 

This is informed in part by the evidence supplied with the application. We will also consult Natural England before coming to a decision.

The Local Planning Authority must 'ascertain that the proposal will not have an adverse effect on the integrity of the site before it may grant permission'

Within 12 km of Plymouth Sound and Estuaries SAC and Tamar Estuaries Complex SPA

Any application likely to have an adverse significant impact on a European Protected Site (Special Protection Area or Special Area of Conservation) within the 12 km buffer zone.

Other sites that could be affected by development include:

• Dartmoor SAC
• Culm Grasslands SAC
• South Hams SAC
• Lyme Bay and Torbay SAC
• Start Point to Plymouth Sound and Eddystone SAC