Can a survey be conditioned?
Natural England recommends that, where there is a reasonable likelihood of a protected species being affected by a development, surveys are provided prior to determination of the application. This is in accordance with Paragraphs 98 and 99 of ODPM Circular_06/2005 which advise that surveys should only be conditioned under exceptional circumstances. The presence of protected species is a material consideration when a local authority is considering a planning application that could affect a protected species. If surveys are not carried out before planning permission is granted there is a risk that not all material considerations will have been addressed. When an EIA has been undertaken, the courts have taken the view that, where conditions at a site are those favoured by a protected species then it is not sufficient to impose a condition requiring the applicant to carry out a protected species survey. Information about protected species must be included in the Environmental Statement, ot
