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Guidance: Sites of special scientific interest: public body responsibilities

Natural England

July 25
14:37 2024

You have a responsibility to conserve and enhance the special features of sites of special scientific interest (SSSIs). You must take reasonable steps to do this in all aspects of your work.

You must seek approval (known as assent) from Natural England before carrying out the functions of your organisation if theyre likely to damage the special scientific interest of an SSSI.

You must also ask for Natural Englands statutory advice before giving permission to a third party for planned activities that are likely to damage the special scientific interest of an SSSI.

You must follow this guidance for all SSSI land, including land that:

  • you own or manage
  • you intend to lease or rent to a third party
  • could be damaged or affected by off-site activities - 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 activities by another party that youve been asked to approve - including activities outside the boundaries of an SSSI
  • could be damaged as a result of enforcement action that you intend to require someone to carry out

Theres separate SSSI guidance for landowners and occupiers who are not public bodies to seek consent.

Public bodies this guidance applies to

This guidance applies to section 28G authorities, which include:

  • government departments and their agencies
  • local authorities, including planning authorities
  • statutory undertakers such as water and electricity companies, and harbour authorities
  • any other public body of any description

If youre not sure if your organisation is a section 28G authority, you should seek legal advice. Examples of organisations that are not section 28G authorities are:

  • The National Trust
  • Wildlife Trusts and the RSPB
  • electronic communications companies (code operators)

Protecting SSSIs

You must consider the potential impact on the special habitats, species or geology of SSSI land from activities:

  • you plan to carry out as a public body
  • you plan to contract out to commercial companies to carry out for you
  • proposed by others that you may give permission to
  • you intend to require another person to carry out through your enforcement action
  • carried out by others without permission, where you could take reasonable action to prevent damage

Assessing the impact of activities

To help you assess the impact, you can:

  • use the designated sites system to find out which habitats and species are of special scientific interest, and which activities are likely to damage them
  • use the MAGIC map to view all designations, SSSI 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 of special scientific interest 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 assess the potential impact of your activities and others plans.

You could be fined 20,000 in a magistrates court or get an unlimited fine in the Crown Court if your activities damage the special scientific interest of an SSSI and you:

  • did not give Natural England prior notice of your intention to carry out or approve an activity likely to damage the special scientific interest of an SSSI
  • carried out or approved that activity before you got Natural Englands response

Sites of international importance

If your activities, or activities you plan to approve, might significantly affect a protected European or Ramsar site, youll need to carry out a habitats regulations assessment (HRA) first. Protected European sites include Special Areas of Conservation (SACs) and Special Protection Areas (SPAs).

You must follow the guidance about how to carry out a habitats regulations assessment . You should use Natural Englands European sites conservation adviceandmarine protected areas conservation advice.

This assessment is to help you plan how to avoid significant effectsor mitigate for them, when youre carrying out or approving activities.

You should do this before you seek SSSI assent or statutory advice from Natural England.

Your HRA may show that activities are likely to have a significant effect on the protected European or Ramsar site. If this is the case, you must consult Natural England on your proposed plans to avoid or mitigate significant effects on the European or Ramsar site. You should consider their advice to help you decide whether all significant effects have been ruled out.

The mitigations might also prevent potential damage to the special scientific interest of the SSSI. However, if you think that damage to the special interest of the SSSI is still likely, you must:

  • apply for assent for your activities
  • get statutory advice from Natural England if youre considering giving permission to a third party

You should provide an up-to-date HRA at this point.

Find out more about your duty to protect, conserve and restore European sites.

Carrying out activities as a public body

You must ask for approval (known as assent) from Natural England before carrying out activities that are likely to damage the special scientific interest of an SSSI. This includes planned activities on land outside the boundaries of an SSSI that are likely to damage the special interest. For example, you may need to maintain a road near an SSSI where the planned activities could disturb a species thats of special scientific interest.

You do not need to request Natural Englands assent for activities that youve decided are unlikely to damage the special scientific interest of an SSSI.

However, you could be prosecuted and fined if your activities damage the special scientific interest of anSSSI.

You should keep a record of proposed activities that you do not seek assent for, and your reasons for this. ContactNatural England at protectedsites@naturalengland.org.uk if youre not sure.

Request assent

If you think your activities are likely to damage the special scientific interest of an SSSI, you must complete theform to give notice and request assentand email it to protectedsites@naturalengland.org.uk. If you are not sure whether t

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