Virtually all species feed directly or indirectly on plants. It is impossible to exaggerate the importance of plants to preserving biodiversity.

Most development sites do not contain rare or protected plant species. However, if the proposed development site is in an area known to harbour such species, or is a habitat of principal importance (BAP Habitat), a more in-depth botanical survey may be required.

The LPA County Ecologist and or Natural England often determine the depth of the surveys they require. It is becoming more frequent for LPA ecologists to request botany surveys of semi-improved grassland. This can prove significant, as, depending on the evaluation, it may be requested that ‘compensation’ for habitat loss be provided. The quality of the botany survey also directly impacts the BNG Baseline assessments.

Whatever level of survey you might require, please discuss it with us.

Non-native invasive species surveys

In addition to Protected Plants, there are also plants which cause concern if they are present. You have probably heard of Japanese knotweed and Giant hogweed, but there are many more. Knowing that these species are present on site can help you negotiate a lower land price, as there may be costs to remove them and/or prevent their spread.

Legislation

Section 14(1) of the WCA makes it illegal to release or allow to escape into the wild any animal / plant which is not ordinarily resident in Great Britain and is not a regular visitor to Great Britain in a wild state or is listed in Schedule 9 to the Act. It is also illegal to plant or otherwise cause to grow in the wild any plant listed in Schedule 9 to the Act. The Schedule 9 list of animal and plant species has been amended by the Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010. Offences under section 14 carry a maximum penalty of a £5,000 fine and/or 6 months imprisonment on summary conviction (i.e. at Magistrates’ Court) and an unlimited fine (i.e. whatever the court feels to be commensurate with the offence) and/or 2 years imprisonment on indictment (i.e. at Crown Court). Guidance on Section 14 of the WCA gives further information.