Sometimes an LPA may mistakenly assume that the presence of an amber alert means that a full ecological assessment is required. This is incorrect. An ecologist is only needed if there is a red alert.
Figure 1: Difference between a red alert and an amber alert
If there is an amber alert it does not indicate that the tool is too complex for the SSM.
It instead alerts the LPA to the fact that there are priority habitats within 500m of the site.
Can the LPA insist on an ecologist if there is an amber alert?
No. The Government has said the following: "If statutory protected sites or priority habitats are located within 500m of the development site boundary, you should consider whether you need to contact an ecologist and use the SBMCT. If the user chooses to continue to use the SSM, a section of the SMM must be filled in to reflect this and a warning flag will appear where this is the case." Furthermore, the same document states: "The developer is responsible for selecting the competent person for completing the SSM. The competent person does not need to be an ecologist for the SSM. The Local Planning Authority does not need to verify the competent person. "
In other words, an amber alert is not an indication that the site is too complex, instead it is an indication that suitable regard has to be had for local priority habitats.
Furthermore, the Government has made clear that it would be "inappropriate" for LPAs to adopt policies that are incompatible with the statutory-set scheme: "It would be inappropriate for decision makers to continue to give weight to aspects of existing local policies related to biodiversity gains which are inconsistent with the statutory framework for biodiversity net gain. The statutory provisions are an important material consideration that in many cases will take precedence over local planning policy. The statutory framework represents the appropriate national approach towards, and benchmark for, biodiversity gains in planning" (Paragraph: 020 Reference ID: 74-020-20240214)
Natural England and the Planning Advisory Service both provide support lines that will agree with this interpretation.