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Conservation of Habitats and Species

Conservation of Habitats and Species Regulations 2017 (as amended) - Regulations 73 - 77

Any permission granted by the General Permitted Development Order (GDPO) that is likely to have a significant effect on protected sites (SPA) must not commence until the developer has received written notification of the approval of the local planning authority under these regulations. 

Submit a Regulation 77 application

Please email planningtechnicians@waverley.gov.uk and include the following documents:

  • A covering letter stating you wish to submit an application under the Conservation of Habitats and Species Regulations 2017 (as amended) including the site address and Planning reference number and any scaled plans if appropriate
  • A response to your proposal from the nature conservation body (Natural England), if actioned by the developer prior to submission.

Please note: There is a £30 fee per application - once the technicians have received your email, they will send you a link to pay this fee. One application will be required per Prior Approval application.

What happens next

If the developer hasn't already, we will consult Natural England for its opinion as to whether the development is likely to have a relevant effect on a European site. They will then respond in writing directly to Waverley Planning Service.

Where a legal agreement is required to secure SANG and SAMM contributions, we instruct Legal to draw up a legal agreement, if necessary.

We then determine the application, in line with Natural England’s opinion and the legal agreement.