Regulation 77 application

Permitted Development and the Habitats Regulations

To rely on permitted development rights under the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO)—including those requiring prior approval—a proposal must not trigger restrictions under the Conservation of Habitats and Species Regulations 2017 (Habitats Regulations).

Regulation 75 places a legal condition on permitted development where works may have a significant effect on a European Site. In such cases, development cannot begin until written approval is granted by the local planning authority (LPA) under Regulation 77.

Summary of Regulations 75–77

1. Regulation 75
   Development that could significantly affect a European Site must not commence until the LPA has confirmed that it may proceed.
2. Regulation 76
   Developers may (optionally) seek advice from Natural England to establish whether their proposal is likely to have a significant effect on a European Site. This can clarify whether a Regulation 77 application is needed.
3. Regulation 77
   When required, the developer must apply to the LPA for approval, providing details of the proposal and any advice received under Regulation 76.

What are European Sites?

European Sites are areas afforded the highest level of environmental protection under the Habitats Regulations. They include:

• Special Areas of Conservation (SACs)
• Special Protection Areas (SPAs)

Where are European Sites in Torbay?

European Sites are mapped on the government's MAGIC map and on the Devon County Council Environment Viewer.

Applicants should also complete and submit the Torbay Wildlife and Geology Trigger List, which identifies whether ecological information is required for a planning application and aids with the assessment of whether there would be a likely significant impact on a European Site.

Further guidance:

• South Hams SAC HRA Guidance - Torbay Council
• Torbay Planning Contributions and Affordable Housing SPD 2022, chapters 2.7 to 2.9.
• Devon County Council wildlife and geology planning guidance
• Torbay Local Plan Habitat Regulations Assessment

These documents explain the zonal approach used in Torbay. They also provide detail on the assessment of whether development is likely to have a significant impact on a European Site.

What You Must Do Under Regulations 75–78

Where a developer is relying on a permitted rights set out within Schedule 2 of the GPDO and that development:

1. is likely to have a significant effect on a European site or a European offshore marine site (either alone or in combination with other plans or projects); and
2. is not directly connected with or necessary to the management of the site

Then LPA approval under Regulation 77 is required before any works begin.

How to apply

The Regulations do not specify how or in what form the 'details of the development which is intended to be carried out' should be submitted.

However, it is in the applicant’s or developer’s interest to ensure that the submitted details and information illustrate what is proposed in a clear and precise manner.

Therefore, applicants or developers may wish to submit some or all of the following:

• name and contact details
• site location address
• site location plan
• existing and proposed block or site plans
• existing and proposed elevational drawings
• Design and Access Statement and/or Planning Statement
• where appropriate, a copy of any relevant notification by the relevant nature conservation body under regulation 76
• any other surveys or assessments that have been undertaken which may assist with understanding the scope of the proposal and its potential impacts including but not limited to Biodiversity and Ecological Assessments (including specific information to inform a Habitats Regulations Assessment), Geodiversity Survey and Assessments, and Topographical Surveys
• any other drawings or documentation required to enable a full understanding of the proposal

If you already have prior approval, please include the relevant prior approval application reference and confirm that it is the prior approval scheme that is to be constructed.

Please send the above information to planning@torbay.gov.uk

Fees

The fee for a Regulation 77 application is set nationally by the government and costs £30.

How to pay

The Regulation 77 application will only be considered valid once the fee has been paid. Please use the following link: Paying your planning fees - Torbay Council