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You must take reasonable steps to conserve and enhance the special features of sites of special scientific interest (SSSIs) when:

• carrying out your statutory duties
• giving others permission for works, such as reviewing planning applications

This could be SSSI land that:

• you own or manage
• could be damaged or affected by off-site works - for example if youre from the Environment Agency and you plan to carry out flood defence work nearby

• could be damaged or affected by planned works by another party that youve been asked to approve - including work outside the boundaries of a SSSIworkResponsible public bodies include:

• government departments and their agencies
• local authorities, including planning authorities
• statutory undertakers such as water and electricity companies

Protecting SSSIs

You must consider the potential impact on SSSI land and any special habitats and species of activities and works:

• you plan to carry out as a public body
• proposed by others that you may consent to

To help you assess the impact, you can:

• use the Designated sites system to find out which habitats and species are special features of a site, and which activities are likely to damage them
• use the Magic map to view all designations, impact risk zones, waterways and other land features
• read specific guidance on responsibilities for protecting wild birds and their habitats - for example where bird species may be a special feature of an SSSI and could be affected by work on other land where they feed or nest

Natural England consults public bodies in writing about new SSSIs and changes to existing ones, sharing information about the sites. You can use this information to make an assessment of the potential impact of your activities and others plans.

When planning your work and approving that of others, you must:

• prefer methods that cause as little damage as is reasonably practicable
• make sure the site can be restored to its former condition, where practicable, if works do cause damage

Public body works

You must ask for advice and approval (known as assent) from Natural England before carrying out works in line with your statutory duties that are likely to damage the condition or special features of a SSSI. This includes planned works on land outside the boundaries of a SSSI that are likely to damage it. For example, you may need to maintain a road close to a SSSI where the planned works could disrupt a species thats a special feature.e

Request assent

You must:

• discuss planned works with Natural England
• complete the form to give notice and get assent and email it to protectedsites@naturalengland.org.uk

Natural England may contact you if it needs:

• more details about your request
• to clarify any issues about your request

You must not carry out works until you get a reply from Natural England.

You can pay for Natural England to do a quick check of your notice to make sure it contains the information required for it to make a decision.

Decisions on assent applications

Natural England will usually reply to you within 28 days of the date on your notice, to give or refuse their assent. If you do not get a written response within 28 days, you should take this as a refusal of assent. You can pay for fast-track advice if you need its decision quicker than 28 days (subject to availability).

Natural England may give you advice on the impact of the proposal and give their assent with conditions. For example, it might say that the work should be carried out at a certain time of year to limit damage to the land. You may also need to apply for a licence if the work will have an impact on a protected species.

If you decide to go ahead without assent

You can still carry out works if:

• Natural England refuses to give its assent
• you believe the conditions attached to an assent are unacceptable

You must give Natural England written notice at least 28 days before the start of the works if you intend to go ahead without assent. You must show that youve:

• taken into account any advice Natural England gave you
• considered alternatives that could reduce the impact on the SSSI, such as using lighter vehicles to carry materials
• weighed the balance between conflicting interests, including the special interest of the SSSI

Natural England may refer a case to the Secretary of State for Environment, Food and Rural Affairs if it still has serious concerns about the potential damage to a SSSI. This can lead to a judicial review of the public bodys decision to go ahead with the works.

Emergency works

In an emergency, utility companies and other bodies may need to enter SSSI land or carry out essential works nearby. It may not be possible to ask for Natural Englands assent or give Natural England the 28 days notice thats normally required before beginning work. In this situation, you should:

• tell Natural England about the work youre carrying out as soon as possible and preferably within 24 hours of entering a SSSI or nearby land by contacting protectedsites@naturalengland.org.uk
• make sure the emergency work causes as little damage to the special features as possible

You cannot regard works that have included planning in advance as emergency works.

Approving works by others

If your public body is also responsible for permitting others to carry out works or hold recreational events that are likely to damage or affect SSSIs, you must ask Natural England for advice before giving permission.

For example, if Forestry England wanted to allow another organisation to hold recreational events on land they own.

If youre a local planning authority, find out more about how to review planning applications.

Whos responsible

Youre responsible for making decisions on proposals and asking for Natural Englands advice where a plan or project is likely to damage an SSSI unless:

• another competent authority has already assessed a proposal, in which case you can choose to accept their decision
• you believe it would be more appropriate for another competent authority to assess the proposal

Ask for

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