Ponds and planning permission
- 16 hours ago
- 5 min read
Background
Ponds support two thirds of freshwater species. They provide an ideal habitat for invertebrates like whirligig beetles, damselflies, and dragonflies. They are therefore a key hunting ground for flycatchers, warblers, and other birds which rely on insects for prey. Ponds are also a vital habitat for amphibians, including the natterjack toad, common frog, and smooth newt, and provide a fresh drinking source for hedgehogs.
Ponds are a nature-based solution to flooding and drought. Ponds hold water on the land for longer. In doing so, they slow the flow of the water during periods of heavy rainfall, helping to prevent flooding downstream. In periods of drought, ponds can act as a natural reservoir, storing water on the land, providing a key lifeline for wildlife.
Ponds are proven to benefit public health and add value to communities. Access to blue spaces, such as ponds, has been proven to benefit our mental health. Perhaps due to these health benefits, properties experience a 3.4% increase in value when situated within 100m of blue spaces. Given ponds' relatively small size, they are easier to construct and maintain, spreading this value across a larger area.
Almost 70% of our natural ponds have disappeared. This decline of pond habitats in recent decades has had a negative impact on the UK’s species abundance. It is no coincidence that species such as dragonflies, waterbugs and the great crested newt have also declined rapidly over the last 40 years. In addition, our resilience to droughts and flooding has also diminished over time.
Ponds and the planning system
Creating ponds can require planning permission. The removal of earth that pond creation requires sometimes means that it can be classified as a form of mining activity. As a result, ponds can require planning permission. The process of applying for planning permission adds costs, delays, and bureaucratic burden onto the land managers seeking to restore nature by creating a new pond. The Freshwater Habitats Trust has estimated that the planning process can cost approximately £3000 in staff and contractor costs, and experience an estimated four month delay to the project.
There is confusion about when ponds require planning permission. There is no statutory definition of what comprises a ‘pond’, with the definition being dependent on each local planning authority and the context of the pond. For example, a wildlife pond in a garden does not require planning permission (except in circumstances when excavation is so significant that neighbours complain). Outside of gardens, creating any sized pond requires planning permission unless it is exempted by a permitted development order (i.e. for agricultural use) or through a local development order.
Attempts to cut this red tape have been blocked by Labour. During the passage of the Planning and Infrastructure Act 2025, CEN MP Rebecca Smith and CEN peer Thérèse Coffey each tabled an amendment to the bill that sought to cut the red tape standing in the way of pond creation. This Labour government blocked both attempts.
How this red tape can be cut
LOCALLY: Introduce a Local Development Order (LDO) for ponds to avoid the need for planning permission. An LDO is a planning tool used by Local Planning Authorities (LPAs) in England and Wales to grant planning permission for specific types of development within defined areas, removing the need for developers to submit separate planning applications. If your council is the LPA, introduce an LDO for pond creation, removing the need for individual planning applications.
NATIONALLY: Introduce a permitted development right (PDR) for ponds to avoid the need for planning permission. A PDR is a national planning tool that allows certain building works and changes of use to be carried out without the need for a full planning application. CEN is calling on the government to introduce a PDR for ponds of up to 0.2 hectares.
Get involved with our ‘Cut Red Tape, Restore Nature’ campaign
Introduce a Local Development Order (LDO) for ponds to avoid the need for planning permission. If your authority is the LPA, it has the power to introduce an LDO for pond creation, removing the need for individual planning applications. This will directly support pond creation within your jurisdiction.
Submit a motion in support of pond creation. If your authority is not an LPA or your group does not run the council, you can submit a motion in support of cutting red tape for pond creation instead. A draft motion can be found at the end of this briefing.
Write a public or private letter to your LPA and champion this campaign in your local media via a press release. Even if you are not in control of your LPA, you can still urge them to support these vital efforts by writing to them. If your letter is public, you could promote it on social media and by sending a press release to your local paper.
Create more ponds within your communities. The Freshwater Habitats Trust provides a helpful guide on how to plan and create new ponds. Plymouth Council has created new ponds to boost biodiversity and reduce local flood risk. Meanwhile, Trowbridge Town Council partnered with its local Wildlife Trust to restore the town pond.
Highlight the benefits of ponds on your council’s website. Many local authorities, such as Essex and Surrey county councils, include pages on their website to promote nature-friendly actions residents can take. Buckinghamshire Council takes this further by outlining the benefits of pond creation to biodiversity and the local community.
Post in support of CEN’s campaign on social media. If you support our campaign to cut the red tape that stands in the way of nature recovery, post about it on social media. Click here or scan the following QR code to find template posts for you to use:
Draft motion for LPA councils
This [local authority] notes:
Ponds are oases of wildlife and contribute to biodiversity, flood and drought mitigation, and public wellbeing.
Ponds contain two thirds of our wetland species and yet have declined in number by 70%. [Insert local authority], therefore, has a responsibility to protect and restore them.
Ponds are under severe threat due to changes in land usage and changing tastes for how to decorate private and public spaces.
The creation of new ponds is often delayed by planning regulations which can regard pond creation to be a type of mining activity.
This [local authority] resolves:
To create a Local Development Order to permit the creation of ponds of up to 0.2ha in area to remove the need for individual planning applications.
Draft motion for non-LPA councils
This [local authority] notes:
[Insert any particularly notable ponds]. These ponds are oases of wildlife, found across the [authority’s] area and contribute to biodiversity, flood and drought mitigation, and public wellbeing.
Ponds contain two thirds of our wetland species and yet have declined in number by 70%. [Insert local authority], therefore, has a national responsibility to protect them.
Ponds are under severe threat due to changes in land usage and changing tastes for how to decorate private and public spaces.
The creation of new ponds is often delayed by obtrusive regulations which unnecessarily consider pond creation to be a type of mining activity.
This [insert authority type] resolves:
To call on the [insert Local Planning Authority] to introduce a Local Development Order for ponds to remove the need for individual planning applications.
To call on the British government to introduce a permitted development right for ponds of up to 0.2ha in area.
To call on the British government to introduce a permitted development right for ponds of up to 0.2ha in area.
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