Fish: advice for making planning decisions
How to assess a planning application when there are freshwater or migratory fish on or near a proposed development site.
Applies to England
This is Natural England’s ‘standing advice’ for fish. It is a material planning consideration for local planning authorities (LPAs). You should take this advice into account when making planning decisions. It forms part of a collection of standing advice for protected species.
Following this advice:
- avoids the need to consult on the impacts of planning applications on fish in most cases
- can help you make decisions on development proposals
You might need a qualified ecologist to advise you on the planning application and supporting evidence if it’s likely that protected fish are present on the proposed development site. You can find one using either the:
- Chartered Institute of Ecology and Environment Management (CIEEM) directory
- Environmental Data Services directory
You must check if the ecologist holds the appropriate and up-to-date survey licence to carry out surveys for protected fish, such as a permit from the Environment Agency to use nets or traps.
If Natural England and the Environment Agency are consulted on the same planning application, Natural England will refer to this standing advice and the Environment Agency will provide advice to protect fish populations.
How fish are protected
The following fish are protected under the Wildlife and Countryside Act 1981:
- allis shad (Alosa alosa)
- twaite shad (Alosa fallax)
- vendace (Coregonus albula)
- whitefish (Coregonus lavaretus) - also known as powan, gwyniad or schelly
- Atlantic sturgeon (Acipenser sturio)
Allis shad and twaite shad
For allis shad and twaite shad, it is an offence to:
- intentionally kill, injure or take them
- intentionally or recklessly damage or destroy a structure or placed used for shelter or protection
Vendace and whitefish
For vendace and whitefish, it is an offence to intentionally:
- kill, injure or take them
- possess or control them (alive or dead)
It is also an offence to intentionally or recklessly:
- damage or destroy a structure or place used for shelter or protection
- disturb them in a place used for shelter or protection
- obstruct access to a place used for shelter or protection
Atlantic sturgeon
Atlantic sturgeon are European protected species (EPS) protected under the Conservation of Habitats and Species Regulations 2017. It is an offence to:
- deliberately kill, injure, disturb or capture them
- deliberately take or destroy their eggs
- damage or destroy their breeding sites and resting places (even when Atlantic sturgeon are not present)
- possess, control or transport them (alive or dead)
It is also an offence under the Wildlife and Countryside Act 1981 to intentionally or recklessly:
- disturb Atlantic sturgeon while they occupy a structure or place used for shelter or protection
- obstruct access to a place of shelter or protection
Special areas of conservation (SACs), sites of special scientific interest (SSSIs) or Ramsar sites have features of special interest for freshwater or migratory fish, such as:
- Atlantic salmon (Salmo salar)
- bullhead (Cottus gobio)
- lamprey (brook, river and sea) (Petromyzontiformes)
- spined loach (Cobitis taenia)
- European eel (Anguilla anguilla)
You can check if the development proposal is on a protected site using the Magic map website.
Many fish species are also listed as rare and most threatened species. You must have regard for the conservation of Section 41 species as part of your planning decision. Find out more about your biodiversity duty.
The developer must comply with the legal protection of freshwater and migratory fish and their habitats under the Wildlife and Countryside Act 1981, Salmon and Freshwater Fisheries Act 1975 and Eels (England and Wales) Regulations 2009.
You should consider if the developer has taken appropriate measures to avoid, mitigate and, as a last resort, compensate for any negative effects on fish.
When to ask for a survey
You should ask for a survey if historical or distribution records show that protected freshwater or migratory fish may be present at the proposal site - you can search the National Biodiversity Network Atlas by species and location.
The Environment Agency is responsible for protecting fisheries. You should tell them of any survey activity if the development proposal is likely to affect inland, estuary, coastal waters and fish populations.
You should make sure the developer has consulted the owner of any fishing rights attached to a water body. Usually this is the land owner, but it can also be a third party, such as an angling club.
You must check if the ecologist is qualified and experienced to carry out surveys for freshwater or migratory fish. CIEEM publishes advice on the valid age of data
The ecologist should also follow the Biodiversity code of practice for planning and development (BS 42020:2013) available on the British Standards Institute website.These documents may not be accessible to assistive technology.
Types of survey
Appropriate survey techniques are listed in Table 1.
Table 1: Fish survey techniques and where they should be used
| Survey technique | Where it should be used |
|---|---|
| Bankside counts | slow-flowing clear water without much vegetation |
| Underwater counts using snorkelling, scuba diving, cameras or remotely operated underwater vehicles | to measure species diversity and numbers |
| Electrofishing | shallow water bodies |
| Seine netting | to sample larger, deeper water bodies |
| Trawl netting | to survey large areas quickly |
| Trapping (fyke nets or similar) | where the site conditions or potential species present mean other methods cannot be used effectively |
| Hydroacoustic counts | used in combination with other methods to determine abundance in deep water bodies |
| Rod and line capture | used in combination with other methods to determine species presence, target particular species or where conditions prevent effective use of other techniques |
Other survey methods, such as eDNA, can also support survey data.
Assess the effect of development on fish
The proposal must show how likely it is that fish will be affected by any development work.
If the proposal cannot avoid affecting protected fish, it should include adequate mitigation and compensation measures in the planning proposal to allow you to make a planning decision.
The proposal could affect freshwater or migratory fish if it:
- introduces silt into a water body, particularly where spawning habitats, such as gravel beds, are present
- interferes with spawning activity
- interferes with the migration of fish, such as creating barriers or obstructing fish passes
- creates a risk of entrainment - when a fish is displaced by a drainage system, or water diversion, created as part of the development
- creates excessive light or noise
- reduces water quality
- affects water levels or flow levels in a water body
- changes the morphology (shape and form) of a water body
- changes the vegetation in a water body or on its bankside
The developer may need a wildlife licence if their activities are likely to affect fish.
Avoidance, mitigation and compensation measures
Look for the following examples of avoidance, mitigation or compensation plans in the development proposal:
- changing the timing of the project
- changing the layout of the scheme to keep the water body and surrounding habitat intact
- ensuring that work on water bodies does not create physical barriers to fish movement
- trapping sediment to avoid introducing it to water
- changing work practices or construction methods to avoid excessive noise and illumination (especially at night) and impacts on water quality
- avoiding working within the water body and limiting the length of bank working area
- improving or creating habitats
If there is no reasonable alternative habitat close by, the proposal could include capturing fish and moving them to a different location, known as translocation. This is a last resort option due to the risk of transferring disease and invasive non-native species between water bodies. The developer must have a permit from the Environment Agency to move all freshwater and migratory fish.
For more information on mitigation plans and compensation measures, read the planners guide for protected species and development.
Planning and licence conditions
Before you can grant planning permission, you must:
- make sure any mitigation or compensation conditions you impose are not likely to conflict with the requirements of a wildlife licence
- be confident that Natural England will grant a wildlife licence
You can find more information in the guidance on protected species and development: advice for local planning authorities.
If a proposal is likely to affect protected fish, the developer must apply for a protected species mitigation licence.
If a proposal is likely to affect Atlantic sturgeon, the developer must apply for an EPS mitigation licence.
Enhance biodiversity
To meet your biodiversity duty, you should suggest ways for the developer to:
- create new or enhanced habitats on the development site
- achieve a net gain in biodiversity through good design, such as green roofs, street trees or sustainable drainage
Site management and monitoring
You should consider the need for site monitoring and management. These measures are likely to be needed by protected species licences.
A site monitoring plan should make sure:
- water quality is good
- water flow is maintained
- fish populations remain healthy
- there is no interference with the fish after development
The plan should include managing:
- in-channel vegetation
- the water body substrate
This can also include additional survey work to check that mitigation measures are working as intended, followed by remedial work if needed.
Last updated 25 October 2023 + show all updates
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Page updated because of new requirements for protected species mitigation licences for animals and plants in schedule 5 and schedule 8 of the Wildlife and Countryside Act 1981 (brought in by the Environment Act 2021).
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First published.