Expert Witness
Ecology Expert Witness Services
Independent ecological evidence for planning appeals and court proceedings, from reviewing the case through to giving evidence in person.
Ecological Evidence for Contested Decisions
When a planning appeal turns on ecology, the Inspector relies on expert evidence to understand what the survey data shows and how legislation and policy apply to it. The Ecology Co-op provides that evidence on protected species, habitats and Biodiversity Net Gain, acting for developers, landowners, local planning authorities, community and environmental groups, and the legal teams who represent them.
Our ecologists carry out surveys and assessments throughout the year, and that fieldwork underpins the opinions we give. It keeps us close to current survey guidance and gives us a realistic sense of what a particular set of data can support, which is often where two ecologists' readings of the same site part company. Whether the data is ours or another consultancy's, we test it against the relevant standards before relying on it, and say plainly where it falls short.
Many protected species surveys can only be carried out at certain times of year, but appeal timetables take no account of the seasons. Involving an ecologist early gives the best chance of identifying gaps in the existing evidence, particularly where it was gathered by another consultancy, and of filling them while the survey window is still open.
An expert's overriding duty is to the inquiry, not to the party that instructs them. In practice, that means giving clients a candid view of the ecological issues from the outset, so they can decide how to proceed before significant costs are committed.
Where We Provide Evidence
Planning Appeals and Hearings
Public Inquiries
Local Plan and Infrastructure Examinations
Civil Disputes
Wildlife Crime Cases
Work Produced
Professional advice and guidance
A statement of Case
Statement of Common Ground
Proof of Evidence
Rebuttal
Appearance at a hearing and experience answering technical questions under cross examination
How We Support Your Case
The work is shaped around the case and its timetable, and can include:
Case review
A first look at the ecological issues and how well the existing evidence covers them, before you commit to an appeal or claim.
Further surveys
Updated or additional survey work where the existing data is out of date or incomplete.
Review of opposing evidence
A detailed assessment of the other side's ecological case, including how and when their surveys were carried out.
Written evidence
Proofs of evidence, rebuttals and expert reports, prepared to the format and deadlines set by the Planning Inspectorate or the court.
Common ground
Working with the other side's ecologist to narrow the points in dispute, through a statement of common ground or a joint statement.
Conferences with counsel
Input to case strategy, including the questions to put to opposing witnesses.
Giving evidence
Attending the hearing, inquiry or court to present our findings and answer questions under cross-examination.
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As soon as an appeal or claim looks likely. Where an appeal goes to inquiry, the Planning Inspectorate normally holds it within 13 to 16 weeks of the start date, with proofs of evidence due 4 weeks before it opens. That leaves limited time to commission new work once the process is underway.
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Yes. We can review survey reports and assessments prepared by other consultants and advise whether they can be relied on or whether further work is needed.
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We act for developers, landowners and local planning authorities, and can be instructed directly or through solicitors and planning consultants. Every instruction is subject to a conflict of interest check.
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Fees depend on the stage a case has reached and how much survey work and inquiry or court time it involves. Once we understand the scope we'll provide a fee proposal.
Frequently Asked Questions
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Explore our other services
Explore our other services, including protected species surveys, biodiversity net gain assessments and more.