Understanding European Protected Species (EPS) in Planning Applications
When submitting or objecting to a planning application in Scotland, one of the most frequently overlooked issues is the potential presence of European Protected Species (EPS). These include bats, otters, great crested newts, badgers, and other species safeguarded under European and Scottish law.
If a development site is likely to support EPS, the planning authority has a legal duty to ensure that their presence is fully considered before determining the application.
Legal and Procedural Requirements for Protected Species Surveys
Failure to identify or assess EPS properly can render a planning decision unlawful. We refer to POS 3.1.1, which clearly states that surveys must be completed at the right time of year and to a professional standard.
Planning authorities must not grant permission without sufficient information to confirm that protected species will not be harmed. Importantly, the courts have repeatedly found that it is not acceptable for councils to defer these assessments until after consent has been granted — a principle reinforced in POS 3.1.2 and POS 3.1.3, where planning permissions were quashed for failing to meet this statutory requirement.
Identifying Habitats Likely to Support European Protected Species
If you suspect that a site includes habitats such as mature trees, watercourses, stone walls, or rough grassland, it is reasonable to request that the Case Officer secures a Protected Species Survey.
This ensures that the developer demonstrates compliance with NPF4 Policy 3 – Biodiversity, which requires avoidance of harm to species and habitats, and a clear ecological mitigation strategy.
Strengthening Your Objection with EvidenceÂ
By referencing the documents, your objection gains significant procedural and evidential strength. You demonstrate not only environmental awareness but also procedural accuracy — both essential in persuading the planning authority to review the application carefully.
Take Action – Strengthen Your Planning Objection
Take control of the ecological argument – use our expert EPS objection document to compel the Case Officer to require proper survey evidence before any planning decision is made.
POS 3.1.1 [Scottish Government Document]
POS 3.1.2 [European Protected Species Court Case #1]
POS 3.1.3 [European Protected Species Court Case #2]
