Policy paper

Natural England Operational Statement

Published 1 October 2026

Applies to England

Natural England’s strategy, Recovering Nature for Growth, Health and Security, sets out our mission to restore nature at a scale that supports long‑term prosperity, resilience and wellbeing. Achieving this relies on a planning system that protects the natural environment and enables its recovery alongside sustainable growth and community wellbeing.

The volume and complexity of planning casework in recent years has limited our ability to focus on the areas where our input has the greatest impact. To meet this challenge, we are rebalancing our approach so that our expertise is used where it matters most - shaping plans, supporting well designed development, and helping local planning authorities embed nature recovery from the outset.

This Operational Statement explains how we will deal with requests for planning advice, make greater use of standing advice and standard guidance, and focus detailed input where it is most needed to protect and enhance the natural environment.

Summary

Natural England is updating how it provides planning advice. Changes in legislation mean Natural England is no longer required to provide advice on every request relating to development. While we will continue to respond where legislation requires it, we now have greater flexibility in how we exercise our wider advisory role and will focus our advice where it can make the greatest contribution to nature recovery and sustainable development.

This change does not affect Natural England’s statutory consultee role under the Town and Country Planning (Development Management Procedure) (England) Order 2015 (DMPO). Instead, it provides greater flexibility in how we provide advice on planning casework matters beyond those statutory consultation requirements, enabling a more consistent, aligned and targeted approach to planning advice.

We want to focus our effort where it has the greatest benefit for nature. We will therefore prioritise early, strategic work such as shaping Local Plans, developing strategic solutions with local planning authorities (LPAs) and helping plan for nature recovery. We will spend less time providing advice on high volumes of routine planning applications.

Lower risk or routine development will increasingly be dealt with through standing advice and standard guidance. This allows LPAs to make decisions without tailored input from Natural England, which speeds up decision making and reduces unnecessary referrals.

We will prioritise planning advice where development is within, or likely to significantly harm, internationally or nationally designated nature sites or protected landscapes.

Most other requests will receive either a ‘no comment’ response or a standard response signposting the LPA to standing advice, guidance, or relevant strategic solutions. This will generally be the case for routine planning applications where impacts are already addressed through an established strategic solution.

This approach enables us to make the best use of our expertise by focusing it more strategically, helping us to deliver greater impact in protecting and recovering nature, enabling good development, and supporting better outcomes for people and places.

Natural England’s planning advisory role

Section 57 of the Planning and Infrastructure Act 2025 amends Section 4(1) of the Natural Environment and Rural Communities Act 2006 (NERC Act). It removes the requirement for Natural England to provide planning advice on certain requests relating to development under the Town and Country Planning Act 1990 (TCPA), including requests relating to planning permission, permission in principle, approval of reserved matters, and applications for consents, agreements or approvals required by planning conditions. It also introduces a new duty to publish a statement setting out how we will deal with such requests. This Operational Statement is published in fulfilment of that statutory duty.

The change to the NERC Act provides greater flexibility in how Natural England exercises its planning advisory role. It does not change our statutory role under the DMPO and we will continue to provide substantive planning advice when required. This Statement explains how we will use that flexibility to deliver a more consistent and proportionate approach to planning consultations and advice requests. It sets out how we intend to deal with requests for advice, and the types of response that LPAs can expect.

Planning casework that does not relate to development under the TCPA, such as development plans or Nationally Significant Infrastructure Projects (NSIPs), does not fall within the scope of this statement.

The change does not alter statutory consultation requirements under environmental assessment legislation, including the Environmental Impact Assessment (EIA) Regulations and the Conservation of Habitats and Species Regulations (the Habitats Regulations). LPAs should continue to consult Natural England where required by this legislation. Natural England’s engagement will be determined in accordance with the prioritisation approach set out in Section 5.

All planning consultation requests to Natural England should include a clear rationale for seeking advice, with reference to the DMPO, environmental legislation, or our wider statutory remit.  Where this is not provided, we may request further information on the reason for referral.

Natural England’s advice to developers and applicants

This Statement does not affect the discretionary advice we may provide to developers or applicants.

Natural England offers a Discretionary Advice Service (DAS) for pre‑application discussions on complex planning applications.

Where we have provided and agreed advice through DAS, our formal planning application stage comments will be minimal, provided the proposal aligns with that pre‑application advice. DAS requests should be sent to consultations@naturalengland.org.uk with the required service request form.

The importance of early planning advice and pre-consultation engagement

Effective use of opportunities for early engagement and pre-consultation tools and guidance can help resolve issues upfront and reduce the need for repeated case-by-case planning advice. Where matters have already been addressed through strategic engagement, agreed mitigation solutions, standing advice, standard guidance or pre-application discussions, this will inform the way Natural England prioritises and responds to subsequent planning consultations.

Strategic scale advice

We are investing more in shaping plans and strategies so that impacts on nature can be addressed early and at a scale most likely to optimise outcomes. This enables us to focus our expertise at the stages in the planning process where it has the greatest influence.

We will also continue to work with partners to develop policies that address pressures from development on the natural environment and reduce the need for case-by-case planning advice. This includes developing strategic solutions for issues such as nutrient pollution, recreational disturbance and other cumulative impacts on designated nature conservation sites, as well as strategic licensing approaches such as district level licensing (DLL) for great crested newts. Such solutions may come forward through Environmental Delivery Plans and secured through the Nature Restoration Fund.

We encourage development plans to incorporate measures to safeguard land for mitigation and environmental enhancement. Addressing these matters at the plan‑making stage is the most effective approach, as land safeguarded for environmental purposes can act as a strategic enabler of development, supporting delivery while ensuring wider environmental objectives are met. Local Nature Recovery Strategies (LNRS) will also play a central role in informing and supporting plan‑making in this context.

Where advice is sought at application stage, we will provide a substantive response where required under the DMPO. Any additional advice will be prioritised based on the scale of development, likely impacts and the availability of suitable mitigation.

Reducing unnecessary referrals

Natural England receives a high proportion of consultations that do not require our input and are considered unnecessary referrals. These include proposed developments with no, or very little, impact on the natural environment, such as minor householder planning applications and listed building consent applications. In these circumstances, an automated acknowledgement will be issued on receipt of the consultation. Natural England will only provide a substantive response where it considers one is required. If no response is received by the relevant statutory deadline, the LPA should assume that Natural England has no comments to make. We are keen to work with LPAs to reduce unnecessary referrals and ensure planning consultation requests are focused on cases where Natural England’s advice is needed.

Many planning consultations relate to potential impacts on SSSIs. To support LPAs, Natural England provides SSSI Impact Risk Zones (SSSI IRZs). This GIS-based tool helps LPAs assess the potential for risks to terrestrial SSSIs posed by development proposals, and therefore whether referral to Natural England is required under the DMPO. In some instances, the SSSI IRZs may also issue automated advice, which removes the need for further consultation with Natural England.

Where SSSI IRZs indicate that a planning consultation is not required, either because impacts on the SSSI are unlikely or because the automated advice provides sufficient guidance on how potential effects should be addressed, LPAs should rely on the SSSI IRZ output and not seek further input from Natural England in relation to the identified SSSI impacts, except where the automated advice explicitly directs otherwise or where required under environmental assessment legislation, as set out in section 3.

The SSSI IRZs cover the interest features and sensitivities of Habitats sites that are underpinned by the SSSI designation. Where the notified features of the Habitats site and SSSI are different, the SSSI IRZs are set to reflect both. The SSSI IRZs can therefore be used as part of a Habitats Regulations Assessment (HRA) to screen out likely significant effects of a particular development on the interest features of the Habitats site. However, this does not replace the need to consult Natural England if an Appropriate Assessment is required.

Increasing the provision of upfront guidance and standing advice

Natural England is expanding the use of guidance and standing advice to provide upfront information to LPAs and speed up decision making. 

Standing advice:

• is published, pre‑written advice
• can allow LPAs to determine planning applications without consulting Natural England where the advice fully covers the relevant issues
• provides clarity for applicants on what is required
• reduces delays, rework and unnecessary correspondence

Standing advice is a material consideration in decision making.  It can be relied upon provided it is current. Where relevant standing advice exists, LPAs do not need to consult Natural England under Article 18 of the DMPO. However, planning consultation remains necessary where the standing advice is more than 2 years old and has not been reviewed, amended or confirmed as current within the previous 2 years. Consultation is also required, or where the proposed development constitutes EIA development, as defined by the EIA Regulations

Guidance produced by Natural England does not have the same operational role as standing advice in decision-making and does not, by itself, remove any requirement to consult Natural England under the DMPO where applicable. However, guidance can support the validation and determination of planning applications by clarifying when consultation is required, what information should be submitted, and any relevant planning, environmental, or technical requirements and recommendations for the proposed development.

Natural England prioritisation approach

Consultations referred to Natural England for a response

Natural England’s will provide a substantive response to all planning consultations where required under the DMPO.  This applies to development that is:

• in or likely to affect a Site of Special Scientific Interest (SSSI)
• not for agricultural purposes and is not in accordance with the development plan and involves:
  • the loss of not less than 20 hectares of grade 1, 2, or 3a agricultural land
  • the loss of less than 20 hectares of grade 1, 2, or 3a agricultural land which the development is likely to lead to a further loss of agricultural land amounting cumulatively to 20 hectares or more

A substantive planning response may:

• state Natural England has no comment to make
• confirm that we are content with the proposed development
• refer to current standing advice
• provide detailed planning advice

Planning responses issued by letter, email, or through the SSSI IRZ tool are all treated as substantive responses under the DMPO.

LPAs can choose not to consult us under the DMPO if standing advice has been published in relation to the category of development in question. LPAs are also not required to consult Natural England if we have advised upfront that we do not wish to be consulted.  

To provide a consistent and proportionate approach to planning consultations and requests for advice, Natural England will apply the following prioritisation framework:

1. Unnecessary referrals for Natural England’s advice will receive an initial acknowledgement
   Natural England will not normally provide a further response. Where no response is received within the relevant statutory consultation period, the LPA should assume that Natural England has no comments to make.

2. Standardised response for routine planning casework
   NE will not provide bespoke planning advice for requests that fall within existing standing advice or standard guidance, for cases where impacts are already addressed through an agreed mitigation solution, or where no significant impacts have been identified. Instead, Natural England will normally signpost to relevant standing advice, guidance or strategic solutions, or provide a standard ‘no comment’ response where no further input is required.  Where planning consultations do not fall within existing standard advice or guidance, Natural England will determine the appropriate response in accordance with this statement. The planning response provided will reflect the nature of the issues raised and the priorities set out in this framework. 

3. No further comment where previous planning advice applies
   Where previous advice remains valid, Natural England will not revisit the same issues unless new impacts, new evidence, or changes to the proposed development materially alter the assessment.   We will issue ‘no further comment’ or signpost to existing advice.

4. Bespoke advice for development likely to significantly affect designated nature sites or protected landscapes
   Where proposed development is within or likely to significantly affect internationally or nationally designated nature sites or protected landscapes, bespoke advice will be provided in most cases.  These planning cases typically involve proposed development without a pre-agreed mitigation solution, or where the issues fall outside existing guidance and standing advice and require further consideration.

LPAs are responsible for applying standing advice, securing any required mitigation, and ensuring compliance. Natural England will not validate assessments or re‑check matters already covered by standard guidance or standing advice.

Exceptions and strategic priorities

Natural England may provide additional planning advice outside these parameters in exceptional cases, for example, where a proposed development involves novel issues, innovative mitigation, or presents significant risks beyond designated nature sites. We may also offer planning advice on high opportunity proposed development where doing so would secure environmental gains or contribute meaningfully to wider strategic priorities.

Natural England may also issue supplementary information or advice to LPAs, where necessary, to support the effective application of this Statement.

In some cases, where bespoke planning advice would ordinarily be provided, we may prioritise strategic input over repeated case-by-case advice where this is likely to achieve greater long-term environmental benefits. This is most likely to apply where environmental impacts arise across multiple developments and where a strategic solution is likely to be more effective than addressing the same issue through individual planning consultation responses. In these circumstances, we may focus our effort on supporting the development and implementation of strategic mitigation or other strategic solutions, rather than providing repeated advice on individual planning cases. Where we take this approach, we will work with the relevant LPAs and clearly set out our position so that the rationale for our approach is understood

Advice sought under the Habitats Regulations and Environmental Impact Assessment (EIA) Regulations

Where an Environmental Statement, ecological impact assessment, Habitats Regulations Assessment, or other request for advice relating to the Conservation of Habitats and Species Regulations aka the Habitats Regulations or EIA Regulations is received, whether as part of a wider planning consultation or as a standalone request, we will consider it alongside any other matters raised by the planning consultation and determine the most appropriate response in accordance with the prioritisation approach set out in this Statement. Where relevant, any advice provided will be coordinated with our planning consultation response.

LPAs remain responsible for complying with their obligations under all relevant environmental legislation and ensuring proposed developments undergo the necessary assessments. Any mitigation, and, where applicable, compensatory measures, should be secured  through the planning system, including through planning conditions and planning obligations (e.g. Section 106 agreements), where needed.  Any conditions or obligations not complied with should be enforced by the LPA. For further detailed advice see the Habitats Regulations Assessment and Environmental Impact Assessment.

Annex 1: Response types

The table provides examples of the types of planning consultation that Natural England is likely to receive, together with the likely response type. These response types are indicative examples only and should be read alongside the prioritisation framework in Section 5.  

Depending on the circumstances of an individual consultation, Natural England may provide no response, a standard response (including signposting, a  ’no comment’ response, or a ‘no further comment’ response), or bespoke advice.

Type of consultation	Examples of proposed development (not exhaustive)	Nature of Natural England’s response
Unnecessary planning consultations	Most householder applications Minor consents such as listed building consents or advertisements Development that does not require referral under Natural England’s SSSI Impact Risk Zones and there is no other reason to consult Development with no environmental impacts Development where Natural England has instructed the LPA that they do not wish to be consulted	Initial acknowledgement. No further response will be provided.
Planning consultations addressed through standard guidance, standing advice and standard responses	Housing development in line with an agreed strategic solution Mixed use development with moderate impacts that can be managed through standing advice Developments where Natural England is satisfied that mitigation measures or strategic solutions are sufficient to address the identified impacts	Where no additional input is required, we will provide a standard response, which may include confirmation that impacts are adequately addressed, signposting to relevant advice or guidance, or a ‘no comment’ or ‘no further comment’ response, as appropriate.
Development within or likely to significantly affect designated nature sites or protected landscapes	Housing located within or near a designated nature site or protected landscape. Development likely to cause significant harm where mitigation is absent or insufficient. Minerals proposal near an internationally important conservation site	Bespoke advice to be provided where issues fall outside standing advice or existing strategic solution

Glossary

Bespoke advice: tailored planning advice provided by Natural England in response to the specific circumstances and environmental issues arising from a particular proposed development.

Delivery Teams: Natural England teams providing local expertise on planning casework.

Designated Nature Sites: areas formally identified and protected because of their nationally or internationally important wildlife, habitats or geological features. They include SSSIs, and Habitats Sites (including Ramsar sites).

Discretionary advice service: paid, optional, pre-application planning advice from Natural England for complex proposals or Nationally Significant Infrastructure Projects (NSIPs).

District level licensing: strategic licensing approach for great crested newts, using strategic assessment and compensatory habitat provision to satisfy compliance requirements at site level.

Environmental delivery plans: statutory plans prepared by Natural England setting out strategic conservation measures that address specific environmental impacts of a proposed development on protected sites or species.

Habitats sites: any site which would be included within the definition at regulation 8 of the Conservation of Habitats and Species Regulations 2017 and also including candidate Special Areas of Conservation or Special Protection Areas, listed or proposed Ramsar sites, relevant Marine Sites, and compensatory habitats which relate to the sites listed above.  This definition also includes potential Special Protection Areas, possible Special Areas of Conservation and proposed Ramsar sites are sites on which the Government has initiated public consultation on the scientific case for designation as a Special Protection Area, candidate Special Area of Conservation or Ramsar Site.

Local nature recovery strategies: a system of spatial strategies for nature and environmental improvement required by law under s.104 of the Environment Act 2021

Mitigation: protective measures to avoid or reduce any harmful effects that may be caused by a proposed development plan or project.

Nature Restoration Fund: a fund receiving developer payments, which delivers the strategic conservation measures set out in environmental delivery plans.

No further comment response: a planning response indicating that Natural England’s previous advice remains valid and that no additional input is required unless new information, evidence or impacts are identified.

Nutrient pollution: excess nitrogen or phosphorus entering waterbodies from proposed development, requiring strategic mitigation.

Pre-agreed mitigation: mitigation measures that have been identified, agreed, and secured before planning permission is granted, so that the measures can be relied upon when assessing effects and implemented when required.

Protected landscapes: areas in England designated for natural beauty, wildlife, and cultural heritage, including national parks, The Broads and National Landscapes (Areas of Outstanding Natural Beauty).

Recreational disturbance: impacts on designated nature sites from increased human activity, often addressed through strategic measures.

Sites of Special Scientific Interest: a series of nationally important sites for wildlife and/or geology protected by the Wildlife and Countryside Act.

SSSI impact risk zones (IRZs): GIS tool that helps LPAs identify development proposals with the potential to affect SSSIs, to inform decisions on consultation with Natural England.

Standard guidance: published guidance produced by Natural England to support validation, assessment and decision-making within the planning process. It may explain when consultation is required, what information should accompany an application, and how environmental impacts can be addressed.

Standing Advice: generic, pre issued advice from Natural England that informs decision making and can, in certain cases, replace the need for individual planning consultation responses.

Strategic input: Natural England’s proactive input into plans and evidence to embed nature recovery early in strategic planning.

Strategic solutions:  coordinated solutions that address proposed development impacts on designated nature sites or protected species by delivering required compliance measures (such as avoidance, mitigation, or compensation) across multiple protected sites or developments. These may include measures that reduce the need for, or simplify, site-specific assessments and mitigation, offering a pre-developed framework that local planning authorities (LPAs) may adopt and developers may opt into to streamline, rather than replace, site-specific assessment and decision-making

Substantive response: a response meeting DMPO requirements, such as “no comment”, signposting or detailed planning advice.

Supplementary Information/advice: additional information, clarification or planning advice provided by Natural England, where necessary, to support the effective application of this Statement, explain local circumstances, or provide further context on environmental issues.

Unnecessary consultation: a planning consultation referred to Natural England where its input is not required to support decision-making. This may include planning applications with no likely impact on the natural environment, and cases where Natural England has previously advised that it does not wish to be consulted.