Consent under Wildlife and Countryside Act
Consenting organisation
Natural England.
Details
Ensures that operations listed in the notification outlined by Natural England do not go ahead without written consent, as it may affect the integrity of a Site of Special Scientific Interest (SSSI).
When is it required?
Any of the operations listed in the notification can't go ahead without written consent to regulate work undertaken with the protected area.
Associated legislation
Wildlife and Countryside Act, 1981 (as amended).
Application process
- Initial contact is made with the local Natural England office to gain some advice about an operation is welcomed.
- Written notice is to be submitted and must specify the nature of the operation and the land where it is proposed to be carried out.
- The relevant officers at Natural England will respond to notices of proposed operations within 10 working days, or will inform the applicant if their decision is more complicated and likely to take longer.
- If Natural England does not respond within four months, the applicant can assume that consent has been refused and the applicant has the right to appeal.
- If the operation will not damage the special interest, Natural England will be able to give consent for it to continue.
- Conditions or time limits may be attached to make sure that the operation does not damage the SSSI.
- If an operation will damage an SSSI, Natural England will refuse consent. There will always be an explanation of how they came to this decision and to try and sort any disagreements over conditions or time limits.
Appeals procedure
If disputes over conditions, time limits or the refusal given by Natural England cannot be agreed, the applicant can appeal to the Secretary of State for Environment, Food and Rural Affairs. There is a time limit for making formal appeals to the Secretary of State, under section 28F of the Wildlife and Countryside Act, 1981 (as amended). The applicant must appeal to the Secretary of State within two months of Natural England’s letter refusing consent, or setting conditions or time limits, a copy of this letter of the appeal must also be sent to Natural England.
Further information on the appeals procedure can be found on the obtained from Natural England website.
Consultation process
Local advisors can provide advice on appropriate management and the process for giving notice of any operations the applicant wants to carry out.
Course of action under the habitats regulations
All applications of any description will be subject to the requirements of the habitats regulation if they have the potential to impact on the European Marine Site.
Timescales
Response to notices of proposed operations aims to be within 10 working days, or possibly longer if the decision is more complicated. The applicant will be advised accordingly by Natural England. If proposals are agreed to, work may be carried out without waiting 28 days. If the applicant wants to carry out the operations without approval or adhering to set conditions, it must not go ahead unless giving Natural England a further 28 days notice that the applicant plans to carry out the operations.
Cost
Contact the consenting organisation for further information.
Contact details
Devon Sea Fisheries Committee (DSFC)
Old Foundry Court, 60a Fore Street, Brixham, Devon, TQ5 8DZ
Telephone: 01803 854648
Website: Devon Sea Fisheries Committee
Natural England
Cornwall, Devon and Isles of Scilly Team, Renslade House, Bonhay Road, Exeter EX4 3AW.
Telephone: 0300 060 2424
Website: Natural England
Visit the Natural England website for information on Sites of Special Scientific Interest (SSSIs).
Tamar Estuaries Consultative Forum (TECF)
C/o Development Planning, Plymouth City Council, Civic Centre, Plymouth, PL1 2AA
Telephone: 01752 304339
Website: Tamar Estuaries
Remember! You may require further consents. Visit the development page to find out.