GovWire

This guide applies to construction and transport developers.

You can get environmental advice about your development proposal early in the planning process. Natural England, the Environment Agency and the Marine Management Organisation can tell you about environmental issues and help you to deal with them.

When to consult

You can get advice at the pre-application stage on all other development from the relevant agency. This is optional, but it will help you make sure that:

• risk assessment information such as flood risk assessments is correct
• you consider all environmental risks
• you include environmental opportunities

Youll need to provide enough information for the agencies to respond, such as landscape and visual impact assessments or flood risk assessments. Youll get a response within 21 days or by an agreed deadline. The agency may request extra information such as relevant survey data or research. Youll need to pay for some advice.

Consult Natural England

Get advice from Natural England if your development proposal:

• is likely to affect protected sites and areas - this guidance helps you locate protected sites and areas on the Magic map and tells you how to avoid harming them during development work
• is likely to affect protected species - this guidance tells you how to avoid harming protected species during development work and whether you need a wildlife licence to carry out your proposal
• affects the best and most versatile agricultural land (classified as 1 - excellent, 2 - very good or 3a - good) - you can find the agricultural land classifications on the Magic map and zoom in on the map
• affects ancient woodland
• includes restoring land previously used for mining or waste management to agricultural use
• includes environmental opportunities that could be achieved such as green infrastructure and biodiversity improvements of the site and surrounding area

Read Natural Englands guidance on how your local planning authority will review your application if there are protected species on the proposed development site. This is known as Natural Englands standing advice.

See the Magic map to show the location of protected areas such as national parks and areas of outstanding natural beauty.

Natural England can tell you:

• if your proposal will significantly affect a protected site or area or protected species
• if your proposal will affect the best and most versatile agricultural land
• what you should include with your planning application
• how you can avoid or reduce harming the natural environment

Consult the Environment Agency

You can get advice from the Environment Agency if your development includes:

• land in flood zones 2 or 3
• land in flood zone 1 with critical drainage problems your LPA will know if this is the case
• mining and mining exploration
• storing oil and fuel and their by-products, such as petrol stations
• land in or within 20m of the top of the bank of a main river
• waterbodies identified in river basin management plans
• a cemetery or cemetery extension
• land affected by contamination from a previous use such as disused railways, or your proposal could cause contamination
• land used for the storage, transfer or treatment of waste products or refuse
• intensive pig, poultry or dairy units

You can also get advice if:

• your development will be used to handle, produce, use or store hazardous substances and is within the area at risk if a major accident happens nearby (see the Health and Safety Executive guidance on development near hazardous sites)
• its a major development that does not use existing sewerage infrastructure for sewage treatment

You can get advice even if your proposal does not need a planning application, such as when prior approval is needed for permitted development.

If your development is not a NSIP, the Environment Agency can provide free preliminary advice to tell you:

• about environmental constraints on your development
• if your development will affect the environment
• the kind of information it wants you to include with your planning application
• if you need an environmental permit or other licence and if there are likely to be problems with granting it

Complete the preliminary opinion enquiry form.

The Environment Agency aims to respond to preliminary opinion requests within 21 days.

Consult the Marine Management Organisation

You can get advice from the Marine Management Organisation (MMO) if your development proposal is on the coast and includes slipways, jetties or dredging.

You must consult the MMO on nationally significant infrastructure projects such as offshore wind turbines.

Find out what permits, consents and licences you might need for coastal developments you might need for coastal developments.

If you need an environmental permit

If you need an environmental permit for activities at your new site before you submit your permit or planning applications you can get Environment Agency advice.

The Environment Agency can provide a limited amount of pre-application advice to help you complete your application. The cost of this advice is included in the application charge.

The Environment Agency charges 100 an hour plus VAT for its enhanced pre-application advice service. This is an optional service which you can request if you want more help with your application.

Find out about basic and enhanced pre-application advice for environmental permits.

You do not need planning permission before you apply for

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