Natterjack toads: advice for making planning decisions
How to assess a planning application when there are natterjack toads on or near a proposed development site.
Applies to England
This is Natural England’s ‘standing advice’ for natterjack toads. 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 negative effects of planning applications on natterjack toads in most cases
- can help you make decisions on development proposals
You may need a qualified ecologist to advise you on the planning application and supporting evidence. You can find one using either the:
- Chartered Institute of Ecology and Environment Management (CIEEM) directory
- Environmental Data Services directory
How natterjack toads are protected
Natterjack toads are designated and protected as European protected species (EPS). EPS receive protection 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 spawn
- damage or destroy their breeding sites and resting places
- 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 natterjack toads while they occupy a structure or place used for shelter or protection
- obstruct access to a place of shelter or protection
Natterjack toads are 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 natterjack toads.
You should consider if the developer has taken appropriate measures to avoid, mitigate and, as a last resort, compensate for any negative effects on natterjack toads in their development proposal.
The developer may need a wildlife licence to carry out their proposal.
When to ask for a survey
You should ask for a survey if:
- distribution and historical records suggest natterjack toads may be present - you can search the National Biodiversity Network Atlas by species and location
- the work is near a site with habitat that can support natterjack toads
- the work could affect the hydrology of a site that supports the toad - toads can inhabit ephemeral (short term) water bodies, such as land drains
Absence of a record does not mean there are no natterjack toads. It could mean there is no survey data available for that location.
The ecologist will need to carry out further surveys if natterjack toads are present and likely to be affected by the proposals. For example, if development would break up connectivity and isolate populations.
Survey work can include:
- torchlight surveys - using a powerful torchlight at night (night searching)
- looking in refuges, for example under rocks, logs or other materials on the ground
- looking for strings of spawn
- listening for male calls at dusk during the breeding season from April to June
You must check if the ecologist holds the appropriate and up-to-date survey licence to carry out surveys. CIEEM publishes:
- competencies required for species surveys
- 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.
Assess the effect of development on natterjack toads
Developers should submit qualitative and quantitative information with their planning application on how their development avoids or mitigates harm to natterjack toads.
Activities that can harm natterjack toads include:
- loss of habitat, such as breeding ponds or land drains - any loss that reduces the possibilities for foraging, breeding and burrowing
- a change in habitat management and habitat structure
- habitat fragmentation and isolation of toads by creating barriers between toad populations, for example buildings or walls, ditches or fast-flowing water bodies
- hydrological changes, for example siltation of ponds, increased chemical run-off into water or effects on the water table
- increased shading of ponds from trees or buildings
Avoidance, mitigation and compensation measures
Look for examples of avoidance, mitigation or compensation plans in the development proposal.
To avoid possible effects on natterjack toads, developers could redesign the proposal to:
- avoid activity near breeding sites and land habitats
- time the work so that it has the least risk of impact, for example doing pond management in winter when natterjack toads are less likely to be present
- decrease the risk of disease affecting the toad population - see the check-clean-dry campaign on the Non-Native-Species Secretariat website
If avoidance measures are not possible, mitigation and compensation measures could:
- improve or create links to other suitable habitats, such as warm, open coastal dune
- create new habitat in advance of works
- improve existing habitat, for example by reducing the amount of pond vegetation like algae or desilting ponds after works
- remove shade affecting water bodies
- increase ephemeral water bodies
- provide hibernation shelters, such as dry stone walls or south facing sandy slopes
If there is no reasonable alternative habitat close by, the proposal could include capturing toads and moving them to a different location, known as translocation. This is a last resort option after all alternatives have been considered. The new habitat must be capable of supporting the toads. There must not be any disease risks from moving the toads.The proposal should include evidence that translocation would benefit natterjack toad conservation.
The new receptor site should:
- be close to the toad’s current habitat
- be away from competitors (common frogs or toads) and predators (rats, gulls, grass snakes, aquatic invertebrates or great crested newts)
- not have a natterjack toad population already (it’s only acceptable to use a site that already has natterjack toads if the purpose is to save the population from local extinction)
- use the natural water table for new ponds
For more information on mitigation plans and compensation measures, read the planners guide for protected species and development.
Planning and licence conditions
If the proposal is likely to affect natterjack toads, the developer must apply for a natterjack toad mitigation licence.
Before you can grant planning permission, you must:
- make sure any mitigation or compensation conditions you impose do not conflict with the requirements of a mitigation licence
- be confident that Natural England will issue a licence
You do not need to consult Natural England on the wording or discharge of any conditions you impose on a planning proposal. Natural England is unable to provide advice on this.
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 management and monitoring plan should:
- remove scrub from around breeding ponds
- keep vegetation in ponds to a minimum
- maintain the terrestrial habitat by grazing to keep grass short
- make sure fish stocking can coexist with the toads
- make sure no new physical barriers are created, such as fences and walls or vertical ditches
This can include additional survey work to check that mitigation measures are working as intended, followed by remedial work if needed.