Fen Management Handbook - Scottish Natural Heritage

Appendix V – Legal and regulatory considerations
for projects involving fens
When planning any project involving fens and other wetland habitats, it is essential to be aware
of the legal and planning context and requirements. This needs to be considered very early in the
planning stages of any project so that the necessary consents, permits and licences can be secured
well in advance. For large and complex schemes a minimum of two years should be allowed for
obtaining the necessary permissions.
Initial considerations (as part of the project initiation)
The following questions need to be addressed
– Who owns the land? Is the site freehold or tenanted?
– Are there any existing designations on the site (statutory and non-statutory, for landscape,
historic environment, legal rights of way etc)? Are there any other constraints (overhead lines,
underground pipes etc)?
– Are there any existing (or potential?) management agreements e.g. agri-environment schemes or
planning consents that are already in place?
– Will it be necessary to obtain any consents, licences and permits from relevant statutory agencies
and planning authorities for the planned works?
– Are there any flooding or water resource issues, including water supply and discharge consents?
Are there any waste management issues e.g. from the need to dispose of excavated material?
These are covered by different legislation and different authorities/agencies in England, Wales,
Scotland and Northern Ireland and include works in or near a watercourse or floodplain (including
the need to undertake a flood risk assessment), water impoundment and abstraction licences/
permits and consents to discharge effluent (e.g. from educational facilities).
The following table is intended to provide guidance for those undertaking projects involving fens and
other wetland habitats, and summarises who to contact for different issues.
Please note that legislation changes with time. An early approach to the appropriate statutory
agencies will save you both time and money. In addition their staff are often able to provide
specialised technical advice which will make you project run more smoothly.
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