Great crested newts: district level licensing for local planning authorities
How to assess planning proposals that may affect great crested newts if the developer applies to use the Natural England district level licensing (DLL) scheme.
Applies to England
Local planning authorities should use this guidance to assess planning applications for development proposals that affect great crested newts in areas with a Natural England-led district level licensing (DLL) scheme.
Great crested newts are a European protected species. District level licensing is an alternative approach to mitigation licensing for planning applications to develop sites which could affect great crested newts.
District level licensing aims to increase the number of great crested newts by providing new or better habitats in targeted areas to benefit their wider population.
It’s a simpler, quicker process than mitigation licensing because planning applications do not need to include:
- surveys of great crested newts
- plans to carry out mitigation work to move newts to safety
How district level licensing schemes work
District level licensing schemes operate in certain parts of England to protect great crested newts. Schemes are operated by:
- Natural England
- a third party, for example NatureSpace
- a local planning authority
Find out where district level licensing schemes operate.
Each district level licensing scheme includes:
- maps to show where great crested newts are likely to live and the most important areas to conserve
- target areas for new or restored ponds to compensate for loss of habitat for great crested newts
- a strategy which includes an impact assessment of the effects of development at a local authority level or larger scale
- a developer contributions scheme to fund compensatory habitat
Local planning authorities can apply to run their own district level licensing scheme.
Email [email protected] for details.
Natural England-led scheme
Natural England collects data on great crested newt populations in the areas covered by their scheme. Using data modelling, they predict where newts live and prepare a great crested newt licensing strategy based on that data.
They use the data to:
- map risk zones showing where great crested newts are likely to live
- assess the effect of a proposed development on great crested newts in the area
- predict suitable habitat areas to target for compensation ponds (known as strategic opportunity areas)
Risk zones for district level licensing
There are 3 risk zones under the Natural England district level licensing scheme:
- red zones have great crested newt populations of regional, national or international importance – developers cannot use district level licensing in these zones
- amber zones have great crested newt populations, habitats and dispersal routes – developers can use district level licensing in these zones
- green zones have fewer areas with great crested newts – developers can use district level licensing in these zones
In an amber or green zone, all types of development are suitable for the scheme, including:
- permitted development
- nationally significant infrastructure projects
- phased developments
If a phased development has used a mitigation licence before, future phases may be able to use district level licensing.
View the great crested newt risk zone maps on Natural England’s Open Data Geoportal.
Application process
To join the scheme, developers need to apply for an impact assessment and conservation payment certificate (an IACPC) from Natural England.
Natural England will:
- measure the impact of the proposed development on great crested newts
- assess the cost of compensating for the impact through new or improved ponds for great crested newts
- issue an IACPC if the development is suitable for district level licensing
- countersign the IACPC once the developer has signed and returned it
Some developers may need to pay a first stage conservation payment to Natural England before they can receive the countersigned IACPC.
Developers can then submit this document with their planning application.
For more information on how to apply for the scheme, read Great crested newts: district level licensing schemes for developers.
How to assess a planning application with district level licensing
If the planning application includes an IACPC, you will need to check that:
- the IACPC has been signed for and on behalf of Natural England
- the site details and boundaries of the IACPC are the same as on the planning application
The countersigned IACPC confirms that the development:
- is suitable for district level licensing
- meets the ‘favourable conservation status’ (FCS) test in the Habitats Regulations 2019
- will compensate for any impacts on great crested newts by a conservation payment
As with all planning applications, you will need to consider if the development meets the:
- ‘no satisfactory alternative’ test
- ‘imperative reasons of overriding public interest’ (IROPI) test
Applications without impact assessment and conservation payment certificates
If the developer does not include an IACPC or an alternative assessment of risk to great crested newts with their planning application, you will need to check Natural England’s great crested newts risk zones to see if the development is suitable for district level licensing.
You will need to consider if the development meets the:
- ‘favourable conservation status’ (FCS) test
- ‘no satisfactory alternative’ test
- ‘imperative reasons of overriding public interest’ (IROPI) test
If the site is in a red zone, developers cannot use district level licensing. You should ask the developer to carry out a site survey and apply for a mitigation licence.
If the site is in an amber zone, you should:
- ask the developer to submit an assessment of the risk to great crested newts
- set out any measures the developer will take to safeguard against significant risks
- tell the developer about the option to use the district level licensing scheme
- ask the developer to apply for a mitigation licence if they do not want to use the district level licensing scheme and the development may harm great crested newts
If the site is in a green zone, you should ask the developer to submit an assessment of the risk to great crested newts.
If a district level licensing scheme is not available or the developer chooses not to use it, you should follow standing advice for great crested newts when you assess planning applications.
Applications to amend planning permission to use district level licensing
If a developer already has planning permission with a mitigation strategy but wants to use a district level licence instead, they may need to apply to you to amend the existing planning conditions.
They should include an IACPC signed by both parties with their application.
Environmental Impact Assessments and district level licensing
If a developer uses district level licensing, they do not need to include a detailed assessment of great crested newts in the Environmental Impact Assessment (EIA).
In the Environmental Statement, you should check that the developer has provided details about:
- the development’s impact on great crested newts
- any compensation required and agreed under district level licensing
You should check this information matches the details in the IACPC.
Other protected species and habitats under district level licensing
Under district level licensing, developers still need to:
- survey and assess the impact of a proposed development on other protected and priority species and habitats
- follow avoidance, mitigation or compensation measures for these species
You may add planning conditions for developers to provide extra measures to prevent and mitigate other environmental and ecological impacts unrelated to great crested newts.
For more information, read Protected species and development: advice for local planning authorities.
How to use district level licensing information in plan-making
District level licensing risk zone maps can help you protect great crested newts in your area.
You should:
- discourage development in red zones
- encourage development away from amber zones where possible
- explain the risk zones to developers and their agents so they know their survey needs and licensing options early on
The risk zone maps can also help you protect great crested newts when you draw up local, neighbourhood and other plans.
Get help
Contact the great crested newt district level licensing team for more information on district level licensing and how to set up a scheme.
Email [email protected]