Regulation 77 Habitat Regulations Application

We can help you undertake a Regulation 77 Habitat Regulations Application, where ever you are in the UK. Th process is much the same across England, and Wales.

Contact Us < To get a quote for doing this.

In short there is a formal request to be written, and a report is submitted called a Shadow Habitats Regulation Assessment (SHRA) which speeds you on your way to planning approval.

You may also need to put a deposit on some nutrient credits. These might be Nitrogen or Phosphorous Credits depending where you are in the country.

Why Have You Been Asked

Making a Regulation 77 application is a critical step if you are using “Permitted Development” rights (like converting an office to a house) but your site is near a protected habitat. Under the Conservation of Habitats and Species Regulations 2017, you cannot legally start work until this approval is granted.

There is usually no standard national form for this; instead, it is a formal request sent to your Local Planning Authority (LPA).

Wetlands are Sometimes Used for Creating Credits 

The wording from you local council may be as follows:

Habitat Regulations Reg 77

“The Applicant is reminded that the site is situated within the catchment of the River Avon Special Area for Conservation and New Forest Protected Sites and has potential to have an adverse effect upon the integrity of these European sites. This means that the development hereby assessed as being permitted development cannot be lawfully commenced until the local planning authority, along with the appropriate nature conservation body, has made an Appropriate Assessment of the implications for the European site(s) under the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (Habitat Regulations) and has confirmed that the proposals will not adversely affect the integrity of the site(s). It is therefore advised that the Applicant should consult with Natural England about the scheme and following their agreement, submit an application under Regulation 77 of the Habitat Regulations to the local planning authority for consideration and approval.”

What to Include in Your Application

To make a valid application, you generally need to provide the following to your council’s planning department:

• Details of the Development: A clear description of the work you intend to carry out.
• Site & Location Plans: Scaled drawings showing the site boundary and the proposed layout/elevations.
• Regulation 76 Notification (Optional but Recommended): If you have already consulted Natural England (or Natural Resources Wales) and they gave you an opinion that the project won’t harm the site, include that letter.
• Shadow HRA / Ecological Report: Many councils now require a “Shadow Habitats Regulations Assessment” prepared by an ecologist to help them make their decision.
• The Application Fee: The fee is nationally set at £30.
• Reference Numbers: If you have already received “Prior Approval” for the development, include that reference number.