Local Planning Authorities in England are bound by legislation and policy to consider biodiversity in decision making as follows.

• Section 40 of the Natural Environment and Rural Communities (NERC) Act (2006) states that:

‘every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity’.

• Paragraph 170 of the National Planning Policy Framework (NPPF, 2018) states that:

‘Planning policies and decisions should contribute to and enhance the natural and local environment by:

a) protecting and enhancing valued landscapes, sites of biodiversity or geological value and soils (in a manner commensurate with their statutory status or identified quality in the development plan);

d) minimising impacts on and providing net gains for biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures:’

• Paragraph 175 of the NPPF (2018) states that:

‘When determining planning applications, local planning authorities should apply the following principles:

a) if significant harm to biodiversity resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for, then planning permission should be refused;

b) development on land within or outside a Site of Special Scientific Interest, and which is likely to have an adverse effect on it (either individually or in combination with other developments), should not normally be permitted. The only exception is where the benefits of the development in the location proposed clearly outweigh both its likely impact on the features of the site that make it of special scientific interest, and any broader impacts on the national network of Sites of Special Scientific Interest;

c) development resulting in the loss or deterioration of irreplaceable habitats (such as ancient woodland and ancient or veteran trees) should be refused, unless there are wholly exceptional reasons58 and a suitable compensation strategy exists; and

d) development whose primary objective is to conserve or enhance biodiversity should be supported; while opportunities to incorporate biodiversity improvements in and around developments should be encouraged, especially where this can secure measurable net gains for biodiversity.’

• Paragraph 5.3 of the Office of the Deputy Prime Ministers (ODPM) Biodiversity and Geological Conservation: A Guide to Good Practice (2006) states that:

‘the onus falls on the applicant to provide enough information to enable the planning authority to assess the impacts on biodiversity and geological conservation. Planning applications must be supported by adequate information. Planning authorities have powers to require further information or, in some cases, to refuse planning permission due to a lack of it. Insufficient information can significantly delay decision making.

• Paragraph 99 of the ODPM Circular on Biodiversity and Geological Conservation (2006) states that

‘It is essential that the presence or otherwise of protected species, and the extent that they may be affected by the proposed development, is established before the planning permission is granted, otherwise all relevant material considerations may not have been addressed in making the decision’.

• Clause 7.3 of British Standard 42020:2013 Biodiversity – Code of practice for planning and development states that:

‘Where an applicant has been advised during pre-application discussions, or have themselves identified that they need to provide information on biodiversity with their planning application, they should ensure that what is submitted is sufficient to enable the decision-maker to validate and register the application’,

and

‘Failure to provide all the information required might mean an application is not ‘valid’ and is not considered or determined’.

Larger more extensive developments may have the potential to significantly impact polecats on a local or even regional scale by reducing the viability of home ranges through removal of key resources such as foraging areas and resting places. Developments smaller than 1km² are unlikely to have a significant impact on local polecat populations and specific mitigation is unlikely to be required in such cases. However even relatively small developments may result in the removal of habitat features that may reduce the viability of home ranges for individual animals. An ecological consultant will advise on the need to consider mitigation measures for polecats on a case by case basis.

Mitigation will seek to preserve important habitat features or to utilise habitat creation to compensate for the loss of these, and to preserve or establish new links between areas of important habitat to minimise fragmentation effects.

Where polecats are present on site there exists the risk of direct mortality/injury during ground clearance works or the construction phase; this may occur since polecats will commonly den underground in rabbit burrows. These direct impacts can be avoided through clearance of vegetation a day prior to earth moving work commencing; this should encourage any animals present to vacate rest sites in response to the disturbance. Such clearance work should take place outside of the April-July breeding season for polecats.

New road schemes have the potential to cause significant effects on polecat populations since polecats are particularly susceptible to road traffic collisions. Vertical concrete barriers in the centre of major roads create an impassable barrier to these small animals. As such, new major road schemes should seek to put in place mitigation measures to avoid polecat mortality and fragmentation effects. These will likely take the form of specially constructed tunnels, ledges within culverts or separate dry pipes to allow polecats to cross safely.

During a desk study an ecological consultant will review the development proposal alongside maps, aerial photographs, photographs of the site and local statutory designated sites for nature conservation. The consultant will need all available information about the site.

It may be necessary for the ecological consultant to request data from a Local Environmental Records Centre or other source on Local Wildlife Sites and records of protected and priority species. This information can be used to evaluate the likelihood of protected and priority species being present within the site. Your Local Environmental Records Centre is:

During a site visit an ecological consultant will walk over the site (and some of the surrounding area, where possible) noting the habitats, the suitability for protected and priority species and any evidence of the presence of these. A search for the presence of any invasive non-native species will also be carried out. The consultant will need access to all areas, including any buildings or structures.

Using information from the desk study and site visit the ecological consultant will decide whether further ecological surveys will be necessary to carry out a thorough ecological impact assessment. Your answers to the questions posed here suggest that the following species or species groups will need to at least be considered by the ecological consultant as part of the Preliminary Ecological Appraisal report.

Species under consideration

During a desk study an ecological consultant will review the development proposal alongside maps, aerial photographs, photographs of the site and local statutory designated sites for nature conservation. The consultant will need all available information about the site.

It may be necessary for the ecological consultant to request data from a Local Environmental Records Centre or other source on Local Wildlife Sites and records of protected and priority species. This information can be used to evaluate the likelihood of protected and priority species being present within the site. Your Local Environmental Records Centre is:

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Local Planning Authorities in Northern Ireland are bound by legislation and policy to consider biodiversity in decision making as follows.

• The Wildlife and Natural Environment Act (Northern Ireland) 2011 states that:

‘It is the duty of every public authority, in exercising any functions, to further the conservation of biodiversity so far as it is consistent with the proper exercise of those functions’.

• Policy NH5 of the Planning Policy Statement 2 Natural Heritage (2013) and Paragraph 6.192 of the Strategic Planning Policy Statement for Northern Ireland (2015) states that:

‘Planning permission should only be granted for a development proposal which is not likely to result in the unacceptable adverse impact on, or damage to known:  

• priority habitats;
• priority species;
• active peatland;
• ancient and long-established woodland;
• features of earth science conservation importance;
• features of the landscape which are of major importance for wild flora and fauna; 
• rare or threatened native species; 
• wetlands (includes river corridors); or
• other natural heritage features worthy of protection including trees and woodland.’

Local Planning Authorities in Scotland are bound by legislation and policy to consider biodiversity in decision making as follows:

• Section 1(1) of the Nature Conservation (Scotland) Act 2004 states that:

‘It is the duty of every public body and office-holder, in exercising any functions, to further the conservation of biodiversity so far as is consistent with the proper exercise of those functions.’

This is commonly known as the ‘Biodiversity Duty’ and establishes the mandate for the Scottish Biodiversity Strategy.

• The Wildlife and Natural Environment (Scotland) Act 2011 amends section 2 of the Nature Conservation Action Act (2004) with an obligation on public bodies to provide a publicly available report, every three years, on the actions undertaken to comply with the biodiversity duty.
• Scotland’s third National Planning Framework (NPF3, 2013) identifies a key long-term strategic outcome:

‘Planning makes Scotland a natural, resilient place – helping to protect and enhance our natural and cultural assets…’

• Paragraph 194 of the Scottish Planning Policy (SPP, 2014) states that:

‘The planning system should… conserve and enhance protected sites and species, taking account of the need to maintain healthy ecosystems and work with the natural processes which provide important services to communities’

and

‘seek benefits for biodiversity from new development where possible, including the restoration of degraded habitats and the avoidance of future fragmentation or isolation of habitats’

• Paragraph 214 of the SPP (2014) further states that:

‘If there is evidence to suggest that a protected species is present on site or may be affected by a proposed development, steps must be taken to establish their presence…. and any impacts [to protected species] must be fully considered prior to the determination of the application.’

• Clause 7.3 of British Standard 42020:2013 Biodiversity – Code of practice for planning and development states that:

‘where an applicant has been advised during pre-application discussions, or have themselves identified that they need to provide information on biodiversity with their planning application, they should ensure that what is submitted is sufficient to enable the decision-maker to validate and register the application’,

and

‘failure to provide all the information required might mean an application is not ‘valid’ and is not considered or determined’.

Local Planning Authorities in Wales are bound by legislation and policy to consider biodiversity in decision making as follows.

• Section 6 of the Environment (Wales) Act 2016 states that:

‘A public authority must seek to maintain and enhance biodiversity in the exercise of functions in relation to Wales, and in so doing promote the resilience of ecosystems, so far as consistent with the proper exercise of those functions’.

Public authorities will be required to report on the actions they are taking to improve biodiversity and promote ecosystem resilience.

• Paragraph 4.3.1 of Technical Advice Note 5 (TAN5): Nature Conservation and Planning (2009) states that:

‘It is essential that all potentially important nature conservation issues (including effects on international, national and local sites, European and other protected species,          organisms and habitats listed under section 42 of the Natural Environment and Rural Communities (NERC) Act, UK BAP habitats and species, and coastal and inland waters and other wetlands) are identified and fully addressed at the earliest stages of preparing a planning application. A clear audit trail needs to be provided for any decisions which might impact on species and habitats on the NERC Act section 42 list. Information should be sought from appropriate experts and taken into account. The Local Records Centre (LRC) can be engaged to provide services to assist with this process…

And that:

‘Ignoring or inadequately addressing the potential of a development to affect important wildlife habitats or species could lead to delay in the processing of the application or refusal of permission. In some cases it could delay or even prevent implementation of a planning permission, for example, where a protected species is found on a development site after work has started.’

• Paragraph 5.42-43 of Planning Policy Wales (currently draft 10^th edition is due end 2018)

‘Development plan strategies, policies and individual development proposals must take into account the need to:

• promote the conservation of biodiversity, in particular the conservation of wildlife and habitats;
• ensure action in Wales contributes to meeting international responsibilities and obligations for biodiversity and habitats;
• ensure statutorily  designated sites are properly protected and managed;
• safeguard protected species; and existing biodiversity assets from impacts which directly affect their nature conservation interests and compromise the resilience of ecological networks and the components which underpin them, such as water and soil; and
• seek enhancement of and improvements to ecosystem resilience by improving diversity, condition, extent and connectivity of ecological networks.  

And

‘It is important that biodiversity and resilience considerations are taken into account at an early stage in both plan preparation and when proposing or considering development proposals….All reasonable steps must be taken to protect or enhance biodiversity and these should be balanced with the wider economic needs of business and local communities.  In some cases, where adverse effects on the environment cannot be avoided, it will be necessary to refuse planning permission on conservation grounds’

The table below outlines the optimal time for undertaking pine marten surveys.

The recommended survey time for detecting polecats is outlined in the table below.

The recommended survey time for detecting Irish hares are outlined in the table below.

A European Protected Species mitigation licence may be required to undertake work affecting natterjack toads or pool frogs, or their habitats. The licence is issued by Natural England. More information is available here: https://www.gov.uk/government/publications/european-protected-species-apply-for-a-mitigation-licence

A mitigation licence may be required to undertake work affecting smooth newts or their habitats. The licence is issued by Department of Agriculture, Environment and Rural Affairs. More information is available here: https://www.daera-ni.gov.uk/articles/wildlife-licensing

A European Protected Species mitigation licence may be required to undertake work affecting great crested newts or their habitats. The licence is issued by Natural England. More information is available here: https://www.gov.uk/government/publications/european-protected-species-apply-for-a-mitigation-licence

A European Protected Species mitigation licence may be required to undertake work affecting great crested newts or their habitats. The licence is issued by Natural Resources Wales. More information is available here: https://naturalresources.wales/permits-and-permissions/protected-species-licensing/european-protected-species-licensing/great-crested-newt-licensing/?lang=en

A European Protected Species mitigation licence may be required to undertake work affecting great crested newts or their habitats. The licence is issued by Scottish Natural Heritage. More information is available here: http://www.snh.gov.uk/protecting-scotlands-nature/species-licensing/amphibian-reptile-licensing/development/

Typically, between 4 and 6 surveys visits should be undertaken. Surveys on land using pitfall traps typically require many more visits, often daily over two months or more.

Environmental DNA surveys are typically undertaken using a single visit.

If the ecological consultant considers the site to provide suitable habitat for great crested newts, further surveys may be necessary to determine their presence or absence on site. The ecological consultant may carry out an active survey using several methods: looking in ponds during the day or at night with a torch, using a dipnet in ponds, searching for eggs or spawn, setting traps in the pond, or searching under refuges placed or already existing on land near the pond. Surveys should only be undertaken in suitable weather conditions, (avoiding cold, wet & windy conditions), to maximise the likelihood of detecting the species. The ecological consultant may take a water sample from the pond to send to a laboratory to test for traces of DNA left by great crested newts (known as an environmental DNA survey).

For a more thorough assessment, perhaps to assess the way that amphibians move onto or around a site, the ecological consultant may erect a fence with traps sunk into the ground next to the fence (known as a pitfall trap and drift fence system).

The first stage of a survey is to search for habitats of potential value to great crested newts. Where ponds are present on or nearby the development footprint and it is feasible that great crested newts occur, the ecological consultant may assess the likelihood of this species being present by assessing pond habitat quality using the Habitat Suitability Index method. Brief searches for the species may also be undertaken, but failure to find them would not be definitive since it can take substantial effort and particular timing to be confident about whether great crested newts are present.

Potential impacts on Irish hares from development include habitat degradation, loss or fragmentation, disturbance (most particularly from access by dogs) and increased likelihood of road collisions. An ecological consultant can provide advice on appropriate measures to mitigate these impacts.

Mitigation should seek to address any significant potential degradation, loss or fragmentation of suitable habitats (unimproved or rough grasslands) through the creation of compensatory habitat and corridors through the landscape. An ecological consultant can advise on the likely significance of these effects on a case by case basis; however because of the animals home range size (<50ha) and low densities (ca. 3 hares/km²), developments under 1 hectare in size are unlikely to adversely impact regional populations.

Roads should be sensitively designed so as to avoid close proximity with areas of Irish hare habitat. Where possible, long, straight alignments with wide verges should be used to increase visibility along the carriageway and thus increase the ability to avoid collisions with wildlife through improved sightlines. Physical barriers to movement and dispersal including central reservation solid walls or fences along verges should be avoided allowing animals to cross and preventing their funneling into the line of traffic. Where significant levels of disturbance are likely mitigation should seek to establish a buffer between Irish hare habitat and the proposed development. This can be in the form of physical distance or buffer strips including hedgerows and/or woodland.

In addition, development proposals which may lead to an increase in the shooting of Irish hares (e.g. for sport, forestry, crop protection and tick control measures) should include a management plan to ensure that populations are not adversely affected over time. This should include monitoring and the cessation of shooting if it is apparent that numbers of Irish hares are being adversely affected (until numbers have recovered).

Developments providing or enhancing public access to suitable hare habitat may increase disturbance from dog walkers or allow access by those engaged in illegal coursing activities with lurchers. Signs should be erected at entrances to request that dogs must be kept on a lease at all times.

Where it is necessary to gain an idea of the size of a brown hare population then quantitative surveys for hares may be required to aid impact assessment. This may also be the case if it is desirable to demonstrate that remedial action has been effective. The type of survey in this instance will be site-dependent but the following methodologies may be used to estimate population density. An ecological consultant will be able to advise where further surveys of this nature are required.

Transect surveys for hares involve walking (in the day) or driving (at night using a high-powered torch) and counting the number and location of hares observed. Transects will normally be between 1km and 3km and either involve counting hares whilst moving at a steady rate or counting at pre-designated stop-points. Populations across a landscape can be inferred from the results of transect surveys if undertaken by a competent ecologist. Spotlighting counts may also be conducted from a fixed location, using natural or artificial markers to estimate distance, where the habitat is appropriate.

Estimation of hare populations using ‘plots’ of droppings is also possible; however such methods can only provide a rank index of relative population size.

Camera trapping where trail cameras are erected on vertical surfaces (e.g. fence posts or trees) at knee height and angled slightly downwards is highly effective in detecting hare presence particularly when mounted with a vantage point of field access routes including gate openings or gaps in hedgerows. This is the recommended method to be used for planning purposes. Typically multiple (up to 14 cameras) are used per survey site (up to 1km²) placed uniformly across the site to maximize detection and left in situ for a period of one week (168 hours). Video settings are best used to maximize detection rather than still photographs. Distance sampling can be used with these data for the purposes of population density estimation.

Targeted surveys to confirm Irish hare presence can be undertaken by searching for field signs, in particular for characteristic droppings but also for lie ups (forms), or by visual searches for the animals themselves at dusk or dawn. Hare behaviour changes throughout the year being most conspicuous during winter (Dec-Feb) and least active during autumn (Sept-Nov).

Live trapping has also been used but has a low capture rate and given time restricts and the labour-intensive nature of such surveys it is generally an expensive option and not suitable for planning purposes. Under current legislation live trapping of Irish hare requires a licence from the Northern Ireland Environment Agency.

Spotlight searches are more effective in detecting presence and relative abundance and can be used from 1 hour past sunset until midnight (a peak period of activity) where a powerful torch is shone from a high vantage point (e.g. back of a vehicle). Distance sampling may be used with these data to estimate population density.

Camera trapping where trial cameras are erected on vertical surfaces (e.g. fence posts or trees) at knee height and angled slightly downwards is highly effective in detecting hare presence particularly when mounted with a vantage point of field access routes including gate openings or gaps in hedgerows. This is the recommended method to be used for planning purposes. Typically multiple cameras (up to 14) are used per survey site (up to 1km²) placed uniformly across the site to maximize detection and left in situ for a period of one week (168 hours). Video settings are best used to maximize detection rather than still photographs.

To assess for the presence of nesting house martins look anytime from mid-April to mid-September. House martins can arrive at a site to breed very late in the season (for example, late July or early August). House martins build domed mud nests located beneath the eaves on the outside of a house. Birds are colonial and two or more pairs may nest alongside each other. Males often sing while flying around the area of the nest site or when perched on wires, roofs or other structures nearby.

To assess for the presence of nesting swifts, this is best undertaken around a two hour period leading up to dusk and/or for a similar period of time from an hour after sunrise. Swifts nest from mid-May to mid-August (sometimes into September). Breeding confirmation is difficult as birds discretely enter nests which are usually located just behind fascia’s, soffits and beneath roof tiles. The nest is not visible.

Starlings begin building and refurbishing nests during the late winter (for example, late February/early March) and breeding can go through until June. The male starling will perch and sing at the entrance to nests or on structures or trees, within a few metres of the nest site.

House sparrows begin building and refurbishing nests during the late winter (for example, late February/early March) and breeding can go through to the end of July. The male house sparrow will sit calling outside the entrance to its nest, making them comparatively easy to locate.

During the Preliminary Ecological Appraisal, the ecological consultant will search for habitats of potential value to amphibians. Where ponds are present (on or nearby the development footprint) and it is feasible that amphibians occur, the ecological consultant may assess the likelihood of this species being present by assessing the quality of habitat provided by the pond and its surroundings. Brief searches for amphibians may also be undertaken, but failure to find them would not be definitive since it can take substantial effort and particular timing to be confident about whether they are present.

If a follow-up survey for otters is necessary this will involve a systematic search for evidence of otters along all water courses within the site boundary, which will in most cases be extended up and downstream beyond the site boundary. An ecological consultant will advise on the specific area to be covered, since this will depend on the nature and scale of the development; this may be 250m or more for larger developments. Surveyors will cover both banks if possible and use waders to walk in the channel and record all evidence of otter presence including spraint, footprints, prey remains, castling, rolling and resting places/ holts. Surveys will generally cover a 50m corridor each side of a river; depending on the site and the nature of the proposed development it may be necessary to also cover terrestrial habitat. In order to ascertain the likelihood of direct impacts on otters. Survey results should be interpreted with caution since absence of otter signs during site survey does not mean that a stretch of river is not used by otters.

Camera trap surveys may be necessary to establish whether a suitable structure is being used by otters as a holt, or to establish whether or not a given holt is being used for breeding. A licence is necessary if surveys of this kind constitute disturbance to a known resting place. Using a torch or endoscope to investigate a known holt would also require a survey licence.

No standardised published survey protocol exists for otters with regards to repeat numbers of surveys, since it is recognised that the approach taken will vary according to the situation. An consultant ecologist will advise on whether surveys should be repeated and the extent that the survey area should be extended beyond the site boundary.

Development projects taking place where otters occur risk causing direct mortality or disturbing the animals in their den sites, as well as fragmenting habitat used by the species and reducing the food supply or access to it. An ecological consultant will provide advice on what appropriate measures can be implemented to mitigate these impacts and minimise impacts and disturbance to otters. Avoidance of impacts is preferable where possible. Any necessary loss of access points for otters or connectivity of habitat should be adequately compensated for.

Roads can cause significant direct mortality to otters, especially during periods of heavy rain and spate, where otters may have to leave a watercourse to negotiate a road bridge. Mitigation in such cases should be implemented to provide otters with a safe means of traversing roads, either through the construction of river crossings that can accommodate spates or the provision of culverts, underpasses and ledges. In addition it may be necessary to install otter specific exclusion fencing to guide animals towards the crossing, or to prevent them accessing development sites.

If it is necessary to damage or remove an otter holt to facilitate the development it may be necessary to obtain a licence and construct an artificial holt where few other natural opportunities occur.

Where a proposed development has the potential to significantly impact upon a mountain hare population, then quantitative surveys for hares may be required to aid impact assessment. The type of survey in this instance will be site-dependent but the below methodologies might be used to estimate population density. An ecological consultant will be able to advise where further surveys of this nature are required.

Hare transect surveys involve walking (in the day) or driving (at night using a high-powered torch) and counting the number and location of hares observed. Transects will normally be between 1km and 3km and either involve counting hares whilst moving at a steady rate or counting at pre-designated stop-points. Populations across a landscape can be inferred from the results of transect surveys if undertaken by a competent ecologist(s). Spotlighting counts may also be conducted from a fixed location, using natural or artificial markers to estimate distance, where the habitat is appropriate.

Conducting mountain hare dung count surveys is another means for estimating populations of mountain hares within an area. A number of transect lines (e.g. 500m long) are laid within the survey zone and ‘dung plots’ (typically circular 1m²) are marked out at regular intervals (e.g. 50m) along each transect route. The dung plots are cleared of any mountain hare droppings and surveyed by counting the number of dung pellets present in the plot on the next survey visit; at the end of each survey the plot is cleared of all pellets. This provides an indication of mountain hare population density within the study area.

Potential impacts upon mountain hares from development include increased likelihood of road collisions, habitat loss, habitat fragmentation, disturbance and over-exploitation. An ecological consultant will provide advice on appropriate measures to mitigate these impacts.

Mitigation should seek to address any significant potential loss or fragmentation of habitats through the creation of compensatory habitat and green corridors through the landscape. An ecological consultant will advise on the likely significance of these effects on a case by case basis; however because of the large home range size and low density of mountain hares, developments under 1 hectare in size are unlikely to adversely impact populations.

Roads should be sensitively designed so as to avoid close proximity with areas of mountain hare habitat. Where possible, long, straight alignments with wide verges should be used to increase visibility along the carriageway and thus increase the ability to avoid collisions with wildlife through improved sightlines. Where significant levels of disturbance are likely mitigation should seek to establish a buffer between mountain hare habitat and the proposed development. This can be in the form of physical distance or structures such as walls, fences or landscape planting such as hedgerows and/or mature woodland.

In addition, development proposals which may lead to an increase in the shooting of mountain hares (e.g. for sport, forestry, crop protection and tick control measures) should include a management plan to ensure that populations are not adversely affected over time. This should include monitoring and the cessation of shooting if it is apparent that numbers of mountain hares are being adversely affected (until numbers have recovered).

Potential impacts upon brown hares from development include increased likelihood of road collisions, habitat loss, habitat fragmentation and disturbance. An ecological consultant will provide advice on appropriate measures to mitigate these impacts.

Mitigation should seek to address any significant potential loss or fragmentation of habitats through the creation of compensatory habitat and green corridors through the landscape. An ecological consultant will advise on the likely significance of these effects on a case by case basis; however because of the large home range size and low density of brown hares, developments under 1 hectare in size are unlikely to adversely impact populations.

Roads should be sensitively designed so as to avoid close proximity with areas of brown hare habitat. Where possible, long, straight alignments with wide verges should be used to increase visibility along the carriageway and thus increase the ability to avoid collisions with wildlife through improved sightlines. Where significant levels of disturbance are likely mitigation should seek to establish a buffer between brown hare habitat and the proposed development. This can be in the form of physical distance or structures such as walls, fences or landscape planting such as hedgerows and/or mature woodland.

In addition, development proposals which may lead to an increase in the shooting of brown hares (e.g. for sport, forestry, crop protection and tick control measures) should include a management plan to ensure that populations are not adversely affected over time. This should include monitoring and the cessation of shooting if it is apparent that numbers of brown hares are being adversely affected (until numbers have recovered).

During the Preliminary Ecological Appraisal, an ecological consultant will assess the location and habitat to identify whether the area is potentially suitable for dormice. They will also search for evidence of dormouse in the form of characteristically chewed hazel nut shells (only possible where hazel trees are present) and dormouse nests. If the presence of dormice is indicated further surveys may not be necessary. The failure to find dormouse-opened nuts or natural nests is not evidence for dormice absence and further surveys may be needed to confirm this. The ecological consultant will be able to advise.

If deemed necessary by an ecological consultant, a detailed inspection of the tree(s) to be affected may be carried out, utilising tree-climbing equipment or other appropriate means. Internal den features may be investigated using a torch and/or fibrescope. Internal inspections of tree cavities risk causing disturbance to any animals present, and they would therefore need to be carried out under a licence from the relevant licensing body. Camera traps deployed in strategic positions close to the suspected den to detect pine marten accessing the den feature(s) are an effective means of confirming pine marten presence. Such surveys are also likely to require a licence if there is a risk of disturbance to the animals.

• Birks, J.D.S. (2008) The Polecat Survey of Britain 2004-2006: A report on the Polecat’s distribution, status and conservation. The Vincent Wildlife Trust, London.
• Birks J.D.S. (2015) The Polecat. Whittet Books, Stansted.
• Birks J.D.S. and Kitchener, A.C. (2008) Polecat in: Harris, S. and Yalden, D.W. (eds) Mammals of the British Isles: Handbook, 4^th Edition, pp. 476-485. The Mammal Society.
• Birks J.D.S. and Kitchener A.C. (eds) (1999) The Distribution and Status of the Polecat Mustela putorius in Britain in the 1990s. The Vincent Wildlife Trust, London.
• Cresswell, W.J., Birks, J.D.S., Dean, M., Pacheco, M., Trewhella, W.J., Wells, D. and Wray, S. (eds) (2012) UK BAP Mammals: Interim Guidance for Survey Methodologies, Impact Assessment and Mitigation. The Mammal Society. https://www.nhbs.com/uk-bap-mammals-book
• Croose, E. (2016) The Distribution and Status of the Polecat (Mustela Putorius) in Britain 2014-2015. The Vincent Wildlife Trust.

Non-invasive methods such as hair tunnel and camera trapping may be used for detecting the presence of polecats as well as field signs. In order to differentiate between true polecats and polecat ferrets and ferrets DNA analysis may be used but is not always definitive. It may therefore be preferable to assume the presence of polecats if the habitat is suitable and the site is thought to be within their range (currently expanding).

Targeted field sign surveys/transects for pine marten are complicated by the fact that scats can be confused with those of other carnivores. However, DNA analysis is routinely used to confirm identification. Provision of artificial den sites or bait combined with camera trapping may be effective. Under current legislation, live trapping of pine marten requires a licence from the relevant licensing body and is not recommended since less invasive methods are available.

Camera trapping and hair tube surveys are considered to be reliable, relatively cost-effective, methods for detecting pine marten presence and estimating population density but these are not without their own difficulties and associated expense. The consultant ecologist may therefore advocate an approach of inferring pine marten presence or likely absence from the findings of a desk study, data search and preliminary ecological appraisal.

A preliminary den assessment of the building/structure to be affected, to be undertaken by a suitably experienced ecological consultant, will identify potential access points and denning features of the building internally and externally, as well as any evidence of pine marten activity such as scats or live animals.

The inspection of structures for evidence of pine marten has the potential to cause disturbance to any animals present and the methods used should be designed to avoid intentionally or recklessly disturbing these animals in their dens.

In the case of dwelling houses in Scotland it is legal to attempt to discourage pine martens from using a roof-space through disturbance in such cases, provided the den is not being used for breeding.

If the ecological consultant suspects, but is unable to confirm the presence of pine marten from the preliminary den assessment, then further surveys may be required.

A preliminary ground-level den assessment of the tree(s) to be affected by an ecological consultant will identify potential denning features, as well as any evidence of pine marten activity such as scats or live animals. Generally, examinations of trees for such features from the ground would not require a survey licence in England or Scotland; however internal inspections that utilise torches and/or fibrescope risk causing disturbance to any animals present, and will likely need to be completed under licence. If the ecological consultant suspects, but does not confirm, the presence of pine marten from the preliminary den assessment then further surveys may be required.

Any inferred or known presence of pine marten will be taken into account by an ecological consultant when making mitigation requirements. Any loss or fragmentation of pine marten habitat deemed to be significant will need to be mitigated through the creation of replacement features such as new areas of woodland, new tree stands, green bridges or aerial crossing points to allow animals to cross features such as roads. Mitigation for loss of existing or potential den sites can be achieved through provision of artificial den boxes.

Woodland management practices including the minimisation of the size of clearfell areas, creating long narrow clearfell areas, retaining stands of trees for longer than standard rotation lengths, retaining deadwood and providing continuous forest cover can all benefit pine marten.

Care must also be taken to avoid harming or unduly disturbing pine marten during site clearance works. If disturbance of animals is likely, a licence from the relevant licensing body will be necessary before works can take place.

Damage or destruction of pine marten dens/resting sites is generally a criminal offence under current legislation; the appropriate action in cases where pine martens are resident in a building must therefore be discussed with an ecological consultant together with the relevant licensing body. It may be possible to obtain a licence from the relevant licensing body in order to allow work that may damage, destroy or obstruct access to a pine marten den or resting place to take place legally.

An exception to the above is where the den is in the roof space or other part of a dwelling house in Scotland; in such cases it is not an offence to discourage a pine marten from using the den, or to block access to the den – provided a pine marten is not in the den at the time and does not have dependent young. Such exclusion works should therefore take place outside the March to June breeding season unless it can be confirmed by surveys that no young are present. Where pine marten kits are present in a building, they must usually be left to disperse of their own accord; in some circumstances it may be able to have them moved to safety by a licensed ecological consultant. It should be noted that this applies to dwelling houses in Scotland only: exclusion from other buildings such as commercial premises, garages, sheds and other out-buildings will require a licence.

Any loss of pine marten den sites through development will need to be compensated for by creating replacement features, most likely through the provision of artificial den boxes.

• Balharry E., Jefferies D.J. and Birks J.D.S. (2008) Pine marten in: Mammals of the British Isles: Handbook, 4th Edition, 447-455. The Mammal Society, Southampton.
• Birks J.D.S. (2017) Pine Martens. Whittet Books, Stansted.
• Birks J.D.S., Messenger J.E., Braithwaite A.C., Davison A., Brookes R.C. and Strachan, C. (2004) Are scat surveys a reliable method for assessing distribution and population status of pine martens? in: Martens and fishers (Martes) in human-altered environments: An international perspective, 235-252. Springer, New York.
• Birks, J.D.S., Messenger, J.E. and Halliwell, E.C. (2005) Diversity of den sites used by pine martens Martes martes: a response to the scarcity of arboreal cavities? Mammal Review 35: 313-320.
• Birks J.D.S and Messenger, J.E. (2010) Evidence of Pine Martens in England and Wales 1996-2007: Analysis of Sighting Reports and Foundations for the Future. The Vincent Wildlife Trust, Ledbury.
• Cresswell, W.J., Birks, J.D.S., Dean, M., Pacheco, M., Trewhella, W.J., Wells, D. and Wray, S. (eds) (2012) UK BAP Mammals: Interim Guidance for Survey Methodologies, Impact Assessment and Mitigation. The Mammal Society. https://www.nhbs.com/uk-bap-mammals-book
• Davison A, Birks J.D.S, Brookes R.C., Braithwaite A.C. and Messenger J.E. (2002) On the origin of faeces: morphological versus molecular methods for surveying rare carnivores from their scats. Journal of Zoology (London) 257: 141-143.

Opportunities to enhance the landscape, buildings and trees for birds and biodiversity should be incorporated into all developments. Common enhancement methods are given below and an ecological consultant can advise on the most appropriate measures.

Retain important habitat features

• These may comprise established woods, copses, tree lines, hedgerows, flower rich grasslands, woodland edges and linear landscapes which follows, for example, footpaths, water courses or transport routes.
• It may be advisable to use temporary fencing to protect important habitat features during construction.
• Retain all dead and decaying wood. Where removal is necessary for safety reasons, ensure it is retained in a suitable, safe area of the site.

Create new habitats

• Habitats should be representative of the area and may include, but not exclusively, woodland, hedges, scrub, grassland and wetlands. It is often better to create larger areas of a few habitat types rather than several small ones.
• Use native species representative of the region and soil types to enhance and buffer existing vegetation. Where possible ensure they are of local provenance.
• Where possible, avoid using fertile top soils which depress species diversity, particularly when attempting to create flower rich grassland.
• When a formal landscape is required, non-natives with documented wildlife value may provide benefits such as pollen and nectar for a protracted period. Avoid the use of non-native invasive species.
• New planting should benefit a wide array of wildlife by providing larval food plants, food (nectar, pollen, fruit/berries, and leaves) and/or shelter in the form of cover or nesting habitats.
• All components of a Sustainable Drainage System (SuDS) should be considered and designed to provide additional wildlife benefit. The use of source control is a priority for all sizes of development. Larger developments, likely to include balancing ponds and detention basins, can maximise their wildlife value if preceded with source control features which clean contaminants from run-off beforehand.

Provide supplementary nesting opportunities

• Integrate nestbricks into new buildings for appropriate target species.
• Add nest boxes to existing buildings/structures and trees for appropriate target species.

The aim should be to locate and design the project to avoid impacts on birds. If impacts can be completely avoided it may be possible to go ahead with works using a simple Method Statement from an ecological consultant.

If impacts on birds are predicted either before, during or after planned works to a building or structure then measures must be taken to avoid, mitigate (lessen) or, as a last resort, compensate for those impacts. An ecological consultant can advise on appropriate measures, those commonly considered are listed below.

Avoidance/mitigation measures

• Where concerns relate to disturbance of breeding birds, these can be avoided by carrying out the work outside the relevant season. The main breeding season is March to August, however birds can also nest outside of this peak period.
• Start work when birds are absent and nests are inactive.
• Ecological consultant briefs contractors so they know what to do if they find an active nest.
• Wherever possible retain or reinstate nest entrance holes or access points in exactly the same location.

Where impacts cannot be avoided (for example a barn conversion with resident barn owls) it will be necessary for an ecological consultant to identify suitable mitigation measures. Any building work must be undertaken when the birds are not breeding and in order to assess that a suitably licensed person may have to make an inspection, bearing in mind that Barn Owls can breed almost all year round. Consultation with a relevant non-statutory and/or statutory agency for advice is highly recommended. Barn Owls are a species fully protected in law from disturbance whilst breeding.

Compensation measures (where impacts cannot be avoided)

Compensation is a last resort when measures to avoid or reduce harm have failed. All compensation should be designed for the specific needs of each species concerned. For example, swifts and house sparrow require nest provision integrated into the fabric of a building. This is in contrast, for example, to barn owl which can require a box in a converted barn loft space.

An ecological consultant should advise on what the specific needs of the species affected are so that compensation measures are appropriate and will succeed. Measures might include the following:

• Provide new nesting and/or roosting opportunities to support the affected bird species. This might include, for example:
  • Swift nest bricks integrated into the fabric of the building, for species such as swift and house sparrow.
  • New roosts and nest sites in existing or new farm buildings, for species such as swallow, kestrel and barn owl.
  • Dedicated nest box on buildings, for species such as house martin, peregrine, kestrel and black redstart.

• Provide new habitats fit for birds to connect with surrounding habitats to provide food, shelter and somewhere safe to breed.

All of the above should be away from existing or new lighting.

During a breeding bird survey an ecological consultant will aim to record all birds on site between an hour after sun-rise and no later than between 09:00 and 10:00am. All bird activity (song, display, aggression, carrying of nest material and or food and flight direction) will be recorded to inform on the species present and how they use the site or environs nearby.

During a wintering bird survey an ecological consultant will aim to record key species within a four hour period, ideally in the morning, but avoiding the first and last hours of daylight. They will walk a chosen route at a steady pace, recording birds in all habitats, and stopping occasionally at pre-selected vantage points to count small numbers of birds and those widely dispersed. For large flocks, numbers are estimated. A telescope is often used to count birds from a distance and to minimise disturbance. The British Trust for Ornithology (BTO) Wetland Birds Survey methods should be used for surveying wetlands.

• Harris, S. and Yalden, D.W. (eds) (2008) British Mammals: Handbook 4th Edition. The Mammal Society, Southampton.
• Reid, N., Dingerkus, K., Montgomery, W.I., Marnell, F., Jeffrey, R., Lynn, D., Kingston, N. and McDonald, R.A. (2007) Status of hares in Ireland. Irish Wildlife Manuals, No. 30. National Parks and Wildlife Service, Department of Environment, Heritage and Local Government, Dublin, Ireland.
• Reid, N., Harrison, A.T. and Robb, G.N. (2009) Northern Ireland Irish hare survey 2009. Northern Ireland Environment Agency Research and Development Series No. 09/04.
• Trewhella, W. (2011) UK BAP species: Interim guidelines for survey methodologies, impact assessment and mitigation. Cresswell Associates and The Mammal Society, Stroud and Southampton.

Habitat enhancements that benefit Irish hares will be those that reinstate or provide further extensive open and diverse unimproved or rough grassland habitat; areas of short to variable grass interspersed with tall rough vegetation such as rushes, gorse, good quality hedgerows and copses of woodland. Leaving undisturbed open field areas with good connectivity for shelter and foraging is also desirable to conserve and enhance for this species.

• In Northern Ireland, the Irish hare is protected under Schedule 3 of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995, which make it an offence for animals to be taken or killed in certain ways.
• The Irish hare is also listed under Schedule 6 of the Wildlife Order 1985 (as amended), which covers similar unlawful acts such as intentional killing or injury, capture or keeping, destruction/damage or obstruction of access to their place of shelter or to disturb the animal while using its place of shelter.
• In addition, the Irish hare is listed under the Wildlife and Natural Environment Act (Northern Ireland) 2011 making it illegal to course hares (pursued by dogs for the purpose of competition) removing licensing previously in place for such activities.

Monitoring may be required as part of a planning condition in order to a) ensure that any mitigation work that has been undertaken has been successful; b) check that any structures such as fences or underpasses have been correctly and securely installed and c) monitor affected badger populations. Monitoring should seek to establish whether or not remedial measures are required in the event that failure occurs; it is particularly important to determine the fate of badgers that have been excluded from main setts. Where an artificial sett has been constructed as compensation for the destruction of an active sett it will be necessary to regularly inspect the structure in order to ascertain whether or not badgers have chosen to utilise it. This in turn will inform future practice in terms of design and siting of such structures in the future.

Monitoring schedules should be tailored to the particular impacts arising from the development, but may involve annual or twice-yearly inspections of mitigation measures and surveys of badger activity on larger sites. Monitoring may extend for several years post-development and should therefore be properly budgeted for, with roles and responsibilities determined as early as possible.

• Bright, P.W. and Morris, P.A. (1989) A practical guide to dormouse conservation. The Mammal Society.
• Bright, P.W,, Morris, P.A. and Mitchell-Jones, A. (2006) Dormouse Conservation Handbook, 2nd Edition. English Nature, Peterborough.
• Bright, P.W., Mitchell, P. and Morris, P.A. (1994) Dormouse distribution: survey techniques, insular ecology and selection of sites for conservation. Journal of Applied Ecology 31: 329-339.
• Bright, P. and Morris, P. (2005) The Dormouse. The Mammal Society.
• Chanin, P. and Woods, M. (2003) Surveying dormice using nest tubes: Results and experiences from the South West Dormouse Project. English Nature Research Report No. 524.
• Juskaitis, R. and Büchner, S. (2013) The Hazel Dormouse: Muscardinus avellanarius. VerlagsKG Wolf.
• Natural England Commissioned Report NECR144 (2014) The Dormouse Reintroduction Programme – A review.
• Wembridge, D., Al-Fulaij, N. and Langton, S (2016) The State of Britain’s Dormice 2016. People’s Trust for Endangered Species, London.

All wild birds, their nests and eggs are legally protected. Species listed on Schedule 1 of the Wildlife and Countryside Act 1981 (as amended) are specially protected from intentional/reckless disturbance whilst breeding and subject to special penalties. Additionally, the nests of species listed under Schedule ZA1 are protected all year round, even when the nest is not in use. Licenses to undertake works that would otherwise constitute a legal offence may be sought from Natural Resources Wales. More information is available here: http://naturalresourceswales.gov.uk/permits-and-permissions/protected-species-licensing/uk-protected-species-licensing/bird-licensing/?lang=en

1. Select the ‘Identify’ tool on the MAGIC toolbar and click on the map at the location of the proposed development.

2. The Site Check Report that is presented will show a list of development categories on the left with a corresponding description on the right.

3. If the nature and scale of the proposed development matches the description(s) listed on the right of the Site Check Report you will need to make an assessment of potential affects and provide this information to the Local Planning Authority. The Local Planning Authority may need to consult Natural England on the likely risks to the designated site(s).

Please note:

• The area of a proposed development may fall within one or more SSSI IRZ. Care should be taken to ensure all IRZs are checked and all potential risks are identified.
• The SSSI IRZs do not currently cover potential risks from coastal schemes such as coastal defences, cliff stabilisation, cross beach structures, harbour and marina development. Natural England should be consulted on any coastal scheme which is likely to affect a coastal SSSI.
• The SSSI IRZs seek to guide consultations relating to the likely impacts of development on SSSIs under Schedule 4 (w) of the Town and Country Planning (Development Management Procedure) (England) Order 2015 and section 28I of the Wildlife and Countryside Act 1981 (as amended). They do not alter or remove the requirements to consult Natural England on other natural environment impacts or other types of development proposal under the Town and Country Planning (Development Management Procedure) (England) Order 2015 and other statutory requirements.

• Invasive non-native plant and animal species are listed in Schedule 9 of the Wildlife and Countryside Act (1981). This has been amended by the Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010, the Natural Environment and Rural Communities Act 2006 and the Countryside and Rights of Way Act 2000.
• Section 14 of the Wildlife and Countryside Act makes it illegal to release or allow to escape into the wild any animal listed in Schedule 9 to the Act. It is also illegal to plant or otherwise cause to grow in the wild any plant listed in Schedule 9 to the Act.

• Invasive non-native plant and animal species are listed in Schedule 9 of the Wildlife and Countryside Act (1981). This has been amended by the Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010, the Natural Environment and Rural Communities Act 2006 and the Countryside and Rights of Way Act 2000.
• Section 14 of the Wildlife and Countryside Act makes it illegal to release or allow to escape into the wild any animal listed in Schedule 9 to the Act. It is also illegal to plant or otherwise cause to grow in the wild any plant listed in Schedule 9 to the Act.

• Invasive non-native plant and animal species are listed in Schedule 9 of the Wildlife and Countryside Act (1981). This has been amended by the Nature Conservation (Scotland) Act (2004) and the Wildlife and Natural Environment (Scotland) Act 2011.
• Section 14 of the Wildlife and Countryside Act makes it illegal to release or allow to escape into the wild any animal outside its range. It is also illegal to plant or otherwise cause to grow in the wild any plant outside its range.

• Invasive non-native plants and animal species are listed in Schedule 9 of the Wildlife (Northern Ireland) Order 1985. This has been amended by the Wildlife and Natural Environment Act (Northern Ireland) 2011.
• It is an offence under Article 15 of the Order for any person to plant or otherwise cause to grow in the wild any plant which is included in Part 11 of Schedule 9 of the Order.
• In addition, the Waste and Contaminated Land (Northern Ireland) Order 1997 (as amended) places a duty of care on ‘anyone who produces, collects, carries, keeps, treats or disposes of controlled waste to take all the necessary steps to keep it safe and to prevent it from causing harm, especially to the environment or to human health’.

• The Scottish Government (2012) Code of Practice on Non-Native Species. Made by the Scottish Ministers under section 14C of the Wildlife and Countryside Act 1981. Available online at:
  http://www.gov.scot/Publications/2012/08/7367/downloads

• The EU Birds Directive provides the framework for conserving all wild birds and their habitats in the UK. It deals with the conservation and management of, and human interactions with, those wild birds. Originally dating from 1979, it has been transposed into national law in several ways. Some bird species (those listed on Annex I of the Birds Directive and species which regularly migrate) require designation of Special Protection Areas to protect them and their habitats. The Northern Ireland Environment Agency (NIEA) also designates Areas of Special Scientific Interest to conserve and protect breeding and non-breeding birds and their habitats.
• All wild birds, their nests and eggs are protected by law under the Wildlife (Northern Ireland) Order 1985 (As amended). The amount of protection they are afforded depends on whether the species are listed on various schedules.
  • All wild birds, their nests and eggs are protected, which makes it unlawful to intentionally or recklessly: kill, injure or take any wild bird; take, damage or destroy the nest of any wild bird while in use or being built; take or destroy the egg of any wild bird; disturb any wild bird while it is building a nest or is in, on or near a nest containing eggs or young; or disturb dependent young of such a bird.
  • The nests of certain wild birds listed in Schedule A1 are protected at all times, where it is an offence to intentionally or recklessly, take damage or destroy the nest of any wild bird listed.
  • For those birds listed on Schedule 1 Part I, protection is afforded at all times by special penalties; for birds listed in Part II, protection is afforded by special penalties during the closed season.
  • Certain activities can be made lawful if a licence is obtained for specified reasons.
  • It is not illegal to destroy a nest, egg or bird if it can be shown the act was the incidental result of a lawful operation which could not reasonably have been avoided.
• Regulation 3A of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (As amended) requires certain public bodies, including local authorities, to exercise their functions in a way that contributes to achieving the preservation, maintenance and re-establishment of a sufficient diversity and area of habitat for wild birds. These functions include town and country planning. Appropriate steps must be taken to avoid any pollution or deterioration of the habitats of wild birds.
• Some bird species are also listed under Section 3 of the Wildlife and Natural Environment Act (Northern Ireland) 2011 identifying them as species of principal importance for the purpose of conserving biodiversity.

• The EU Birds Directive provides the framework for conserving all wild birds and their habitats in the UK. It deals with the conservation and management of, and human interactions with, those wild birds. Originally dating from 1979, it has been transposed into national law in several ways. Some bird species (those listed on Annex I of the Birds Directive and species which regularly migrate) require designation of Special Protection Areas to protect them and their habitats. Scottish Natural Heritage also designates Sites of Special Scientific Interest to conserve and protect breeding and non-breeding birds and their habitats.
• All wild birds, their nests and eggs are protected by law under the Wildlife and Countryside Act 1981 (as amended). The amount of protection they are afforded depends on whether the species are listed on various schedules.
  • All wild birds, their nests and eggs are protected, which makes it unlawful to intentionally or recklessly: kill, injure or take any wild bird; take, damage or destroy or otherwise interfere with the nest of any wild bird while in use or being built; obstruct or prevent any wild bird from using its nest; take or destroy the egg of any wild bird.
  • For those birds listed on Schedule 1 it is unlawful to intentionally or recklessly: disturb them while nest building, or at or near a nest containing eggs or young; disturb the dependent young of such a bird; or disturb leks while the bird is lekking. For species listed on Schedule A1, it is unlawful to intentionally or recklessly: take, damage, destroy or otherwise interfere with a nest habitually used by those species when it is not in use or being built. For species listed on Schedule 1A it is unlawful to intentionally or recklessly harass them.
  • Certain activities can be made lawful if a licence is obtained for specified reasons.
  • It is not illegal to destroy etc. a nest, egg or bird if it can be shown the act was the incidental result of a lawful activity and that all reasonable steps were taken to avoid the killing, injury etc or that the consequential killing, injury etc. was not foreseen and could not reasonably have been foreseen; also that, on becoming aware of the consequences of the act, a person took all practical steps to minimise the effects
• Regulation 3A of the Conservation (Natural Habitats &c.) Regulations 1994 (as amended in Scotland) requires certain public bodies, including local authorities, to exercise their functions in a way that contributes to achieving the preservation, maintenance and re-establishment of a sufficient diversity and area of habitat for wild birds (including by means of the upkeep, management and creation of such habitat, as appropriate). These functions include town and country planning. All reasonable endeavours must be used to avoid any pollution or deterioration of the habitats of wild birds.
• Some bird species are also listed under Section 2 of the Nature Conservation (Scotland) Act 2004 identifying them as species of principal importance for the purpose of conserving biodiversity.

• The EU Birds Directive provides the framework for conserving all wild birds and their habitats in the UK. It deals with the conservation and management of, and human interactions with, those wild birds. Originally dating from 1979, it has been transposed into national law in several ways. Some bird species (those listed on Annex I of the Birds Directive and species which regularly migrate) require designation of Special Protection Areas to protect them and their habitats. Natural Resources Wales also designates Sites of Special Scientific Interest to conserve and protect breeding and non-breeding birds and their habitats.
• All wild birds, their nests and eggs are protected by law under the Wildlife and Countryside Act 1981 (as amended). The amount of protection they are afforded depends on whether the species are listed on various schedules.
  • All wild birds, their nests and eggs are protected, which makes it unlawful to intentionally: kill, injure or take any wild bird; take, damage or destroy the nest of any wild bird while in use or being built; take or destroy the egg of any wild bird.
  • For those birds listed on Schedule 1 it is unlawful to intentionally or recklessly: disturb them while nest building, or at a nest containing eggs or young; or disturb the dependent young of such a bird. For species listed on Schedule ZA1, it is unlawful to intentionally take, damage or destroy a nest habitually used by those species when it is not in use or being built.
  • Certain activities can be made lawful if a licence is obtained for specified reasons.
  • It is not illegal to destroy a nest, egg or bird if it can be shown the act was the incidental result of a lawful operation which could not reasonably have been avoided.
• Regulation 10 of the Conservation of Habitats and Species Regulations 2017 requires certain public bodies, including local authorities, to exercise their functions in a way that contributes to achieving the preservation, maintenance and re-establishment of a sufficient diversity and area of habitat for wild birds (including by means of the upkeep, management and creation of such habitat, as appropriate). These functions include town and country planning. All reasonable endeavours must be used to avoid any pollution or deterioration of the habitats of wild birds.
• Section 6 of the Environment (Wales) Act 2016 requires that public authorities must seek to maintain and enhance biodiversity so far as consistent with the proper exercise of their functions and in so doing promote the resilience of ecosystems.
• Some bird species are listed under Section 7 of the Environment (Wales) Act 2016 identifying them as species of principal importance for the purpose of maintaining and enhancing biodiversity as set out in section 6 of the same Act.

• The EU Birds Directive provides the framework for conserving all wild birds and their habitats in the UK. It deals with the conservation and management of, and human interactions with, those wild birds. Originally dating from 1979, it has been transposed into national law in several ways. Some bird species (those listed on Annex I of the Birds Directive and species which regularly migrate) require designation of Special Protection Areas to protect them and their habitats. Natural England also designates Sites of Special Scientific Interest to conserve and protect breeding and non-breeding birds and their habitats.
• All wild birds, their nests and eggs are protected by law under the Wildlife and Countryside Act 1981 (as amended). The amount of protection they are afforded depends on whether the species are listed on various schedules.
  • All wild birds, their nests and eggs are protected, which makes it unlawful to intentionally: kill, injure or take any wild bird; take, damage or destroy the nest of any wild bird while in use or being built; take or destroy the egg of any wild bird.
  • For those birds listed on Schedule 1 it is unlawful to intentionally or recklessly: disturb them while nest building, or at a nest containing eggs or young; or disturb the dependent young of such a bird. For species listed on Schedule ZA1, it is unlawful to intentionally take, damage or destroy a nest habitually used by those species when it is not in use or being built.
  • Certain activities can be made lawful if a licence is obtained for specified reasons.
  • It is not illegal to destroy a nest, egg or bird if it can be shown the act was the incidental result of a lawful operation which could not reasonably have been avoided.
• Regulation 10 of the Conservation of Habitats and Species Regulations 2017 requires certain public bodies, including local authorities, to exercise their functions in a way that contributes to achieving the preservation, maintenance and re-establishment of a sufficient diversity and area of habitat for wild birds (including by means of the upkeep, management and creation of such habitat, as appropriate). These functions include town and country planning. All reasonable endeavours must be used to avoid any pollution or deterioration of the habitats of wild birds.
• Some bird species are also listed under Section 41 of the Natural Environment and Rural Communities Act (2006) identifying them as species of principal importance for the purpose of conserving biodiversity.

All wild birds, their nests and eggs are legally protected. Species listed on Schedule 1 of the Wildlife and Countryside Act 1981 (as amended) are specially protected from intentional/reckless disturbance whilst breeding and subject to special penalties. Additionally, the nests of species listed under Schedule ZA1 are protected all year round, even when the nest is not in use. Licenses to undertake works that would otherwise constitute a legal offence may be sought from Natural England. More information is available here: https://www.gov.uk/guidance/wildlife-licences

If the ecological consultant considers the site to provide suitable habitat for reptiles, further surveys may be necessary to assess their presence. The ecological consultant may search for reptiles using two main methods: looking for reptiles basking in sunny locations, and looking for reptiles underneath “refuges”. Refuges are simply objects that reptiles choose to hide underneath, and may include both objects that the surveyor deliberately places on site (often sheets of roofing felt or corrugated iron), as well as objects that are already present (e.g. logs, rocks and discarded debris). They may also search for shed skins, egg cases and tracks left in sand, but these three methods are not always appropriate or effective.

During the Preliminary Ecological Appraisal, the ecological consultant will search for habitats and features of potential value to reptiles and assess their suitability to support reptiles. Brief searches for the species may also be undertaken. Failure to find reptiles at this stage would not be definitive since it can take substantial effort and particular timing to be confident about whether reptiles are present. Reptile surveys are also weather dependent, and should only occur in suitable conditions (avoiding wet and windy weather, for instance).

Typically, there will be a minimum of 11 visits if sand lizard or smooth snake are potentially present to determine presence or presumed presence on site. If using refuges, the ecological consultant will need to place these on site at least two weeks before the first survey visit.

Surveys and monitoring

• Gent, A. and Gibson, S. (eds) (1998) Herpetofauna Workers Manual. Joint Nature Conservation Committee, Peterborough. (out of print but available to download as a pdf at http://jncc.defra.gov.uk/page-3325)
• Griffiths, R.A. and Raper, S.J. (1994) A review of current techniques for sampling amphibian communities. JNCC Report No 210. Peterborough: Joint Nature Conservation Committee.
• National Amphibian and Reptile Recording Scheme survey guidance: http://www.narrs.org.uk/survey.php
• Sewell, D., Griffiths, R.A., Beebee, T.J.C., Foster, J. and Wilkinson, J.W. (2013) Survey Protocols for the British Herpetofauna. Version 1.0. Amphibian and Reptile Conservation Trust, Durrell Institute of Conservation and Ecology & University of Sussex.
• Wilkinson, J.W. (2015) Amphibian Survey and Monitoring Handbook. Exeter: Pelagic Publishing.

Management

• Baker, J., Beebee, T., Buckley, J., Gent, T. and Orchard, D. (2011) Amphibian Habitat Management Handbook. Amphibian and Reptile Conservation, Bournemouth.
• Williams P., Biggs J., Whitfield, M., Thorne, A., Bryant, S., Fox, G., and Nicolet, P. (2010) The Pond Book: A Guide to the Management and Creation of Ponds. 2nd ed. Oxford: Pond Conservation.

Monitoring of amphibians after development will typically require surveys at ponds during the spring to find and count amphibians, record signs of breeding, and assess the condition of ponds. Monitoring may also involve an assessment of land surrounding the breeding ponds, and/or particular habitat features. If special measures have been put in place, such as tunnels or permanent fencing, then these will also be checked. Any remedial measures to habitats and mitigation measures will be recorded, triggering action to ensure the site continues to provide good habitat for amphibians.

Enhancement measures involve the creation or improvement of habitat for amphibians. Depending on the development impacts, this may involve pond creation, pond restoration, improved pond management, removal of invasive species, creation or enhancement of land habitats such as grassland, or creation of particular features such as hibernation sites. Any habitat created would typically need to be safeguarded and managed via a robust mechanism with clear responsibilities. There must be provision for remedial action should adverse impacts arise after the development, for example pollution incidents or invasive species introductions.

If impacts on amphibians are predicted either before, during or after planned works then measures must be taken to avoid, mitigate (lessen) or compensate for those impacts. Avoidance can be achieved by selecting a different location for the development, or in some cases altering the type or timing of construction. Mitigation includes re-designing the layout of the development so that impacts on amphibian habitats are removed or reduced, and changing construction methods to avoid particular effects on amphibians. Remedial measures typically entail the capture and removal of amphibians from the development footprint, along with excluding access so that they cannot enter the footprint from surrounding areas. This requires intensive capture effort, which typically entails searching land, looking underneath refuges, and trapping amphibians using pitfall traps. Amphibians in ponds and ditches typically need to be captured by netting and trapping, often in conjunction with draining down the pond or ditch. Preventing access involves the installation of fencing around the site perimeter. These measures frequently take at least one month, and for large, complex cases may extend over two or three years.

Surveys of amphibians during the breeding season will need to take place in spring, with the exact timing depending on the species likely to occur, local weather conditions, the particular methods used, and the location of the site. The table below outlines the optimal time for undertaking amphibian surveys.

If the ecological consultant considers the site to provide suitable habitat for amphibians, further surveys may be necessary to determine their presence or absence on site. The ecological consultant may carry out an active survey for amphibians using several methods: looking in ponds during the day or at night with a torch, using a dipnet in ponds, searching for eggs or spawn, setting traps in the pond, or searching under refuges placed or already existing on land near the pond. Species surveys should only be undertaken in suitable weather conditions, (avoiding cold, wet & windy conditions), to maximise the likelihood of detecting the species. The ecological consultant may take a water sample from the pond to send to a laboratory to test for traces of DNA left by amphibians (known as an environmental DNA survey).

For a more thorough assessment, perhaps to assess the way that amphibians move onto or around a site, the ecological consultant may erect a fence with traps sunk into the ground next to the fence (known as a pitfall trap and drift fence system).

• The smooth newt is protected by law, meaning it is illegal to kill, injure, take or disturb them, or to damage or destroy places used for shelter or protection. This protection arises from the Wildlife (NI) Order 1985 (as amended). The common frog does not receive any legal protection relevant to possible harm from development-related activities.
• A police constable has the power to stop and search a person and size items if they suspect an offence is or has been committed. Those found guilty of offences relating to the smooth newt can be sentenced to imprisonment and/or fined.

• The widespread amphibian species – common frog, common toad, smooth newt, palmate newt – do not receive any legal protection relevant to possible harm from development-related activities.
• The common toad is listed on the Scottish Biodiversity List, identifying them as species of ‘principal importance for the conservation of biodiversity’. The duty to create the list comes from Section 2(4) of the Nature Conservation (Scotland) Act 2004.

• The widespread amphibian species – common frog, common toad, smooth newt, palmate newt – do not receive any legal protection relevant to possible harm from development-related activities.
• The common toad is listed under the Section 7 biodiversity list of the Environment (Wales) Act, 2016, identifying them as species of ‘principal importance for the purpose of maintaining and enhancing biodiversity in relation to Wales’.

• The common toad is listed under Section 41 of the Natural Environment and Rural Communities Act (2006) identifying them as species of principal importance for the purpose of conserving biodiversity.
• The widespread amphibian species – common frog, common toad, smooth newt, palmate newt – do not receive any legal protection relevant to possible harm from development-related activities.

Surveys and monitoring

• Amphibian and Reptile Groups of the United Kingdom (2010) ARG UK Advice Note 5: Great Crested Newt Habitat Suitability Index.
• Gent, A. and Gibson, S. (eds) (1998) Herpetofauna Workers Manual. Joint Nature Conservation Committee, Peterborough. (out of print but available at http://jncc.defra.gov.uk/page-3325)
• Griffiths, R.A. and Raper, S.J. (1994) A review of current techniques for sampling amphibian communities. JNCC Report No 210. Peterborough: Joint Nature Conservation Committee.
• National Amphibian and Reptile Recording Scheme survey guidance: http://www.narrs.org.uk/survey.php
• Natural England, on www.gov.uk website at https://www.gov.uk/guidance/great-crested-newts-surveys-and-mitigation-for-development-projects
• Oldham, R.S., Keeble, J., Swan, M.J.S. and Jeffcote, M. (2000) Evaluating the suitability of habitat for the great crested newt (Triturus cristatus). Herpetological Journal. 10: 143-155.
• Sewell, D., Griffiths, R.A., Beebee, T.J.C., Foster, J. and Wilkinson, J.W. (2013) Survey Protocols for the British Herpetofauna. Version 1.0. Amphibian and Reptile Conservation Trust, Durrell Institute of Conservation and Ecology & University of Sussex.
• Wilkinson, J.W. (2015) Amphibian Survey and Monitoring Handbook. Exeter: Pelagic Publishing.

Mitigation, compensation and enhancement

• Edgar, P., Griffiths, R.A. and Foster, J.P. (2005) Evaluation of translocation as a tool for mitigating development threats to great crested newts (Triturus cristatus) in England, 1990-2001. Biological Conservation, 122, 45-52.
• English Nature (2001) Great Crested Newt Mitigation Guidelines. English Nature, Peterborough.
• Gent, A. and Bray, R. (eds) (1994) Conservation and Management of Great Crested Newts. English Nature Science Series 20. English Nature, Peterborough.
• Lewis, B, Griffiths, R.A. and Barrios, Y. (2007) Field Assessment of Great Crested Newt Triturus cristatus Mitigation Projects in England. Natural England Research Report NERR001. Peterborough: Natural England.
• Lewis, B., Griffiths, R. A. and Wilkinson, J. W. (2016) Population status of great crested newts (Triturus cristatus) at sites subjected to development mitigation. Herpetological Journal, 27(2), 133-142.
• Lewis, B., Griffiths, R.A., Wilkinson, J.W. and Arnell, A (2014) Examining the fate of local great crested newt populations following licensed developments. Defra contract WM0321. Available at: http://randd.defra.gov.uk/Default.aspx?Menu=Menu&Module=More&Location=None&Completed=0&ProjectID=17856
• Natural England, on www.gov.uk website at https://www.gov.uk/guidance/great-crested-newts-surveys-and-mitigation-for-development-projects

Management

• Baker, J., Beebee, T., Buckley, J., Gent, T. and Orchard, D. (2011) Amphibian Habitat Management Handbook. Amphibian and Reptile Conservation, Bournemouth.
• Gent, A. and Bray, R. (eds) (1994) Conservation and Management of Great Crested Newts. English Nature Science Series 20. English Nature, Peterborough.
• Langton, T., Beckett, C. and Foster, J. (2001) Great Crested Newt Conservation Handbook. Froglife, Halesworth.
• Williams, P., Biggs, J., Whitfield, M., Thorne, A., Bryant, S., Fox, G., and Nicolet, P. (2010) The Pond Book: A Guide to the Management and Creation of Ponds. 2nd ed. Oxford: Pond Conservation.

Surveys

• CIEEM (2016) Guidelines for Ecological Impact Assessment in the UK and Ireland: Terrestrial, Freshwater and Coastal, 2^nd Edition. Chartered Institute of Ecology and Environmental Management, Winchester.
• CIEEM (2013a) Competencies for species surveys: water vole. Technical Guidance Series. Chartered Institute of Ecology and Environmental Management, Winchester.
• CIEEM (2013b) Competencies for species surveys: water vole. Technical Guidance Series. Chartered Institute of Ecology and Environmental Management, Winchester.
• Dean, M., Strachan, R., Gow, D. and Andrews, R. (2016) The Water Vole Mitigation Handbook (The Mammal Society Mitigation Guidance Series). Eds Fiona Mathews and Paul Chanin. The Mammal Society, London.
• Strachan, R., Moorhouse, T. and Gelling, M. (2011) Water Vole Conservation Handbook. Third Edition. Wildlife Conservation Research Unit, Oxford.
• Reynolds, J., Short, M., Porteus, T., Rodgers, B., Weldon, A. and Swan, M. (2015) The GWCT Mink Raft. Available at https://www.gwct.org.uk/media/557953/GWCT-Mink-Raft-guidelines2015.pdf

Mitigation

• Dean, M., Strachan, R., Gow, D. and Andrews, R. (2016) The Water Vole Mitigation Handbook (The Mammal Society Mitigation Guidance Series). Eds Fiona Mathews and Paul Chanin. The Mammal Society, London.
• Markwell, H. (2008) Large scale mitigation: a case study using water voles. Ecology of Environmental Management – In Practice 62: 7 – 10.
• Reynolds, J., Short, M., Porteus, T., Rodgers, B., Weldon, A. and Swan, M. (2015) The GWCT Mink Raft. Available at https://www.gwct.org.uk/media/557953/GWCT-Mink-Raft-guidelines2015.pdf
• Strachan, R., Moorhouse, T. and Gelling, M. (2011) Water Vole Conservation Handbook. Third Edition. Wildlife Conservation Research Unit, Oxford.

Surveys

• Andrews, H. (2017) The Bat Tree Habitat Key. http://battreehabitatkey.co.uk/?page_id=43
• Briggs, B. and King, D. (1998) The Bat Detective: A Field Guide to Bat Detection. Audio CD.
• Collins, J. (2016) Bat Surveys for Professional Ecologists: Good Practice Guidelines. Bat Conservation Trust.
• Dietz, C. and Keifer, A. (2016) Bats of Britain and Europe. Bloomsbury Publishing.
• Hundt, L. (2011) Surveying for onshore wind farms. Bat Conservation Trust. Available online at http://www.bats.org.uk/data/files/Surveying_for_onshore_wind_farms_BCT_Bat_Surveys_Good_Practice_Guidelines_2nd_Ed.pdf
• Kelleher, C. and Wilson, J. (2008) The Bats of Ireland: How to Survey, Study and Identify Them. Bat Conservation Ireland, DVD.
• Kunz, T.H. and Parsons, S. (2009). Ecological and Behavioral Methods for the Study of Bats, 2nd Edition. The Johns Hopkins University Press, USA.
• Middleton, N., Froud, A. and French, K. (2014) Social Calls of the Bats of Britain and Ireland. Pelagic Publishing.
• Reason, P.F., Newson, S.E. and Jones, K.E. (2016) Recommendations for using automatic bat identification software with full spectrum recordings. Bat Conservation Trust. Available online at http://www.bats.org.uk/data/files/AutomaticID_Recommendations_Version_date_210416.pdf
• Russ, J.M. (2012) British Bat Calls: A Guide to Species Identification. Pelagic Publishing.
• Stebbings, R., Mansfield, H. and Fasham, M. (2005) Bats in: Hill, D., Fasham, M., Tucker, P., Shewry, M. and Shaw, P. (eds) Handbook of Biodiversity Methods: Survey, Evaluation and Monitoring, 433-449. Cambridge University Press, Cambridge.

Mitigation, compensation and enhancement

• Berthinussen, A., Richardson, O.C. and Altingham, J.D. (2014) Bat Conservation: Global Evidence for the Effects of Interventions. Pelagic Publishing.
• Berthinussen, A. and Altringham, J. (2016) Development Of A Cost Effective Method For Monitoring The Effectiveness Of Mitigation For Bats Crossing Linear Transport Infrastructure. University of Leeds/DEFRA. Available online at http://sciencesearch.defra.gov.uk/Default.aspx?Module=More&Location=None&ProjectID=18518
• Davidson-Watts, I. and Zeale, M. (2018) The Barbastelle Bat Conservation Handbook. Pelagic Publishing. [not yet published, expected June 2018]
• Gunnell, Murphy and Williams, C. (2010) Designing for Biodiversity: A technical guide for new and existing buildings.
• Gunnell, Grant and Williams, C. (2012) Landscape and urban design for bats and biodiversity.
• Mathews, F., Richardson, S., Lintott, P. and Hosken, D. (2016) Understanding the Risk to European Protected Species (bats) at Onshore Wind Turbine Sites to inform Risk Management. University of Exeter/DEFRA. Available online at http://randd.defra.gov.uk/Default.aspx?Menu=Menu&Module=More&Location=None&ProjectID=16734&FromSearch=Y&Status=3&Publisher=1&SearchText=wc0753&SortString=ProjectCode&SortOrder=Asc&Paging=10#Description
• Mitchell-Jones, A.J. (2004) Bat Mitigation Guidelines. Natural England. Available online at http://roost.bats.org.uk/resources/publications
• Mitchell-Jones, A.J. and McLeish, A.P. (2012) The Bat Workers’ Manual. Pelagic Publishing
• Natural England, on www.gov.uk website at https://www.gov.uk/guidance/bats-surveys-and-mitigation-for-development-projects
• O’Connor, G. and Green, R. (2011) A Review of Bat Mitigation in Relation to Highway Severance. Highways Agency. Available online at http://assets.highways.gov.uk/specialist-information/knowledge-compendium/2009-11-knowledge-programme/A_Review_of_Bat_Mitigation_in_Relation_to_Highway_Severance_PIN_515368.doc.pdf
• Schofield, H.W. (2008) The Lesser Horseshoe Bat Conservation Handbook. Vincent Wildlife Trust.

Monitoring

• Berthinussen, A. and Altringham, J. (2016) Development Of A Cost Effective Method For Monitoring The Effectiveness Of Mitigation For Bats Crossing Linear Transport Infrastructure. University of Leeds/DEFRA. Available online at http://sciencesearch.defra.gov.uk/Default.aspx?Module=More&Location=None&ProjectID=18518
• Collins, J. (2016) Bat Surveys for Professional Ecologists: Good Practice Guidelines. Bat Conservation Trust.
• Davidson-Watts, I. and Zeale, M. (2018) The Barbastelle Bat Conservation Handbook. Pelagic Publishing. [not yet published, expected June 2018]
• Mathews, F., Richardson, S., Lintott, P. and Hosken, D. (2016) Understanding the Risk to European Protected Species (bats) at Onshore Wind Turbine Sites to inform Risk Management. University of Exeter/DEFRA. Available online at http://randd.defra.gov.uk/Default.aspx?Menu=Menu&Module=More&Location=None&ProjectID=16734&FromSearch=Y&Status=3&Publisher=1&SearchText=wc0753&SortString=ProjectCode&SortOrder=Asc&Paging=10#Description
• O’Connor, G. and Green, R. (2011) A Review of Bat Mitigation in Relation to Highway Severance. Highways Agency. Available online at http://assets.highways.gov.uk/specialist-information/knowledge-compendium/2009-11-knowledge-programme/A_Review_of_Bat_Mitigation_in_Relation_to_Highway_Severance_PIN_515368.doc.pdf
• Razgour, O., Whitby D., Dahlberg E., Barlow K., Hanmer J., Haysom K., McFarlane H., Wicks L., Williams C., and Jones G. (2013) Conserving Grey Long-Eared Bats in our Landscape: a Conservation Management Plan. University of Bristol/Bat Conservation Trust. Available online at http://www.bats.org.uk/pages/conserving_grey_long-eared_bats_across_our_landscape_a_conservation_management_plan.html

Management

• Berthinussen, A., Richardson, O.C. and Altingham, J.D. (2014) Bat Conservation: Global Evidence for the Effects of Interventions. Pelagic Publishing.
• Countryside Council for Wales (2010) Woodland management in the presence of bat species: Guidance for compliance with the Habitats Regulations. Available online at http://webarchive.nationalarchives.gov.uk/20150205163259/http://www.forestry.gov.uk/pdf/BatsGuidanceWalesSept2010.pdf/$FILE/BatsGuidanceWalesSept2010.pdf
• English Nature (2003) Managing Landscapes for the Greater Horseshoe Bat. English Nature. Available online at http://www.warksbats.co.uk/pdf/GHSManagingLandscapes.pdf
• Entwistle, A. (2001) Habitat Management for Bats: A Guide for Land Managers, Land Owners and Their Advisors. JNCC.
• Forestry Commission (2005) Woodland Management for Bats. Forestry Commission. Available online at http://www.forestry.gov.uk/pdf/woodland-management-for-bats.pdf/$FILE/woodland-management-for-bats.pdf
• Forestry Commission (2013) Guidance on Managing Woodlands with Bats in England. Available online at http://www.forestry.gov.uk/pdf/england-protectedspecies-bats.pdf/$FILE/england-protectedspecies-bats.pdf
• Forestry Commission Scotland (2009) FCS Guidance Note 35a: Forest operations and bats in Scotland. Available online at http://scotland.forestry.gov.uk/images/corporate/pdf/EPSBat.pdf
• Mitchell-Jones, A.J. (2004) Bat Mitigation Guidelines. Natural England. Available online at http://roost.bats.org.uk/resources/publications
• Mitchell-Jones, A.J. and McLeish, A.P. (2012) The Bat Workers’ Manual. Pelagic Publishing.
• Mitchell-Jones, T., Fahy, O. and Marnell, F. (2010) Bats and Forestry. Department of Agriculture, Fisheries and Food.
• Natural Resources Wales website https://naturalresources.wales/apply-for-a-permit/protected-species-licensing/european-protected-species-licensing/do-i-need-a-european-protected-species-licence/?lang=en
• Razgour, O., Whitby D., Dahlberg E., Barlow K., Hanmer J., Haysom K., McFarlane H., Wicks L., Williams C., and Jones G. (2013) Conserving Grey Long-Eared Bats in our Landscape: a Conservation Management Plan. University of Bristol/Bat Conservation Trust. Available online at http://www.bats.org.uk/pages/conserving_grey_long-eared_bats_across_our_landscape_a_conservation_management_plan.html
• Schofield, H.W. (2008) The Lesser Horseshoe Bat Conservation Handbook. Vincent Wildlife Trust.
• Smith, P.G. and Racey, P.A. (2002) Habitat Management for Natterer’s Bats. Bat Conservation Trust/Mammals Trust UK. Available online at https://ptes.org/wp-content/uploads/2014/06/nattererbook.pdf

• Cresswell, W.J., Birks, J.D.S., Dean, M., Pacheco, M., Trewhella, W.J., Wells, D. and Wray, S. (eds) (2012) UK BAP Mammals: Interim Guidance for Survey Methodologies, Impact Assessment and Mitigation. The Mammal Society. https://www.nhbs.com/uk-bap-mammals-book

• Cresswell, W.J., Birks, J.D.S., Dean, M., Pacheco, M., Trewhella, W.J., Wells, D. and Wray, S. (eds) (2012) UK BAP Mammals: Interim Guidance for Survey Methodologies, Impact Assessment and Mitigation. The Mammal Society. https://www.nhbs.com/uk-bap-mammals-book
• Gurnell, J. and Pepper, H. (1994) Red squirrel conservation: Field study methods. Research Information Note 255. Forestry Commission, Edinburgh.
• Gurnell, J., Lurz, P., Shirley, M., Magris, L. and Steele, J. (2004) A critical look at methods for monitoring red and grey squirrels. Mammal Review 34: 51-74.
• Gurnell, J., Lurz, P., McDonald, R. and Pepper, H. (2009) Practical Techniques for Surveying and Monitoring Squirrels. Practice Note. Forestry Commission, Edinburgh.
• Sheehy, E., Sutherland, C., O’Reilly, C. and Lambin, X. (2018) The enemy of my enemy is my friend: native pine marten recovery reverses the decline of the red squirrel by suppressing grey squirrel populations. Proceedings of the Royal Society B 285 9pp.
• UK Red Squirrel Group (2004). Red Squirrels and the law. Advice Note UKRSG A1.

Birds nesting in Northern Ireland are legally protected under the Wildlife (Northern Ireland) Order 1985 (as amended). Under this legislation, it is illegal to intentionally or recklessly take, damage or destroy an active nest or its contents. Species listed on Schedule 1 of the Order are additionally protected by special penalties. Additionally, the nests of species listed under Schedule A1 are protected all year round, even when the nest is not in use. Licences to disturb nesting birds can be obtained from the Northern Ireland Environment Agency. More information is available here: https://www.daera-ni.gov.uk/articles/wildlife-licensing

All wild birds, their nests and eggs are legally protected. Species listed on Schedule 1 of the Wildlife and Countryside Act 1981 (as amended) are specially protected from intentional/reckless disturbance whilst breeding and subject to special penalties, including leks. Additionally, the nests of species listed under Schedule A1 are protected all year round, even when the nest is not in use. Species listed on Schedule 1A are specially protected from being harassed. Licenses to undertake works that would otherwise constitute a legal offence may be sought from Scottish Natural Heritage. More information is available here: https://www.nature.scot/professional-advice/safeguarding-protected-areas-and-species/licensing/species-licensing-z-guide/birds-and-licensing

• Cresswell, W.J., Birks, J.D.S., Dean, M., Pacheco, M., Trewhella, W.J., Wells, D. and Wray, S. (eds) (2012) UK BAP Mammals: Interim Guidance for Survey Methodologies, Impact Assessment and Mitigation. The Mammal Society. https://www.nhbs.com/uk-bap-mammals-book
• Davis, A.R. and Gray, D. (2010) The distribution of Scottish wildcats (Felis silvestris) in Scotland (2006-2008). Scottish Natural Heritage Commissioned report No. 360. SNH, Edinburgh.
• Grilo, C., Bissonette, J. A. and Santos-Reis, M. (2008) Response of carnivores to existing highway culverts and underpasses: implications for road planning and mitigation. Biodiversity Conservation 17: 1685-1699.
• Highways Agency (2001) Design manual for Roads and Bridges (DMRB). Vol 10. Environmental Design and Management. Section 4. Nature Conservation. Part 4 HA81/99 and Section 5. Design for Environmental Barriers HA 65/94.
• Kitchener, A.C. and Daniels, M. J. (2008) Wildcat Felis silvestris In: Harris, S. and Yalden, D. W. (eds). Mammals of the British Isles: Handbook, 4^th Edition pp 397-406. The Mammal Society, Southampton.
• Klar, N., Herrmann, M. and Kramer-Schadt, S. (2009) Effects and mitigation of road impacts on individual movement and behaviour of wildcats. Journal of Wildlife Management 73: 631-638.
• Rodriguez, A., Crema, G. and Delibes, M. (1996) Use of non-wildlife passages across a high speed railway by terrestrial vertebrates. Journal of Applied Ecology 33: 1527-1540.
• Rodriguez, A., Crema, G. and Delibes, M. (1997) Factors affecting crossing of red foxes and wildcats through non-wildlife passages across a high-speed railway. Ecography 20: 287-294.

Surveys

• Cresswell, W.J., Birks, J.D.S., Dean, M., Pacheco, M., Trewhella, W.J., Wells, D. and Wray, S. (eds) (2012) UK BAP Mammals: Interim Guidance for Survey Methodologies, Impact Assessment and Mitigation. The Mammal Society. https://www.nhbs.com/uk-bap-mammals-book
• CIEEM (2013) Competencies for Species Survey: European Hedgehog. https://www.cieem.net/data/files/Resource_Library/Technical_Guidance_Series/CSS/CSS_-_HEDGEHOG_April_2013.pdf
• Haigh, A., Butler, F., Ramsay, R. (2012) An investigation into the techniques for detecting hedgehogs in a rural landscape. http://www.jnr-eeb.org/index.php/jnr/article/view/43
• Yarnell, R. et al. (2014) Using occupancy analysis to validate the use of footprint tunnels as a method for monitoring the hedgehog Erinaceus europaeus. http://irep.ntu.ac.uk/id/eprint/18847/1/217389_PubSub716_Yarnell.pdf

• Cresswell, W.J., Birks, J.D.S., Dean, M., Pacheco, M., Trewhella, W.J., Wells, D. and Wray, S. (eds) (2012) UK BAP Mammals: Interim Guidance for Survey Methodologies, Impact Assessment and Mitigation. The Mammal Society. https://www.nhbs.com/uk-bap-mammals-book
• Harris, S. and Yalden, D.W. (eds) (2008) British Mammals: Handbook 4th Edition. The Mammal Society, Southampton.
• Kinrade, V., Ewald, J., Smith, A., Newey, S., Iason, G., Thirgood, S. and Raynor, R. (2008) The distribution of Mountain Hare (Lepus timidus) in Scotland (2006/07). Scottish Natural Heritage Commissioned Report No.278 (ROAME No. R07AC308). Scottish Natural Heritage, Inverness.

• Cresswell, W.J., Birks, J.D.S., Dean, M., Pacheco, M., Trewhella, W.J., Wells, D. and Wray, S. (eds) (2012) UK BAP Mammals: Interim Guidance for Survey Methodologies, Impact Assessment and Mitigation. The Mammal Society. https://www.nhbs.com/uk-bap-mammals-book

An ecological consultant will carry out external observations of a building/structure to assess evidence of nesting birds. The timing and approach to these observations will vary with the species. Notable species that might be encountered will be dependent on their distribution, whether it is widespread but declining, or localised and/or range restricted. Broad location types, for example urban, sub-urban or rural can also influence the likelihood or not of certain species occurring. Some of the most likely species to be encountered are set out below:

• • House sparrow
    [read more]

• • Starling
    [read more]

• • Swift
    [read more]

• • House martin and swallow
    [read more]

• • Kestrel
    [read more]

• • Barn owl
    [read more]

An ecological consultant will carry out external observations of a mature trees to assess evidence of nesting birds. The timing and approach to these observations will vary with the species. Notable species that might be encountered will be dependent on their distribution, whether it is widespread but declining, or localised and/or range restricted. Broad location types, for example urban, sub-urban or rural can also influence the likelihood or not of certain species occurring. Some of the most likely species to be encountered are set out below:

Bat surveys are often seasonal. The table below outlines when different bat surveys of trees should ideally be carried out.

Bat surveys are often seasonal. The table below outlines when different bat surveys of buildings/structures should ideally be carried out. The ecological consultant can advise on the most appropriate survey schedule.

Bat surveys often need to be repeated. The table below outlines the number of repeat emergence and re-entry surveys required to suggest absence of bats. The ecological consultant will advise on the suitability of the trees for bat roosts.

Repeat surveys should be at least two weeks apart and further surveys may also be needed to establish species, numbers, roost status and bat access points if bats are present

Bat surveys often need to be repeated. The table below outlines the number of repeat emergence and re-entry surveys required to suggest absence of bats. The ecological consultant will advise on the suitability of the building/structure for bat roosts.

Repeat surveys should be at least two weeks apart and further surveys may also be needed to establish species, numbers, roost status and bat access points if bats are present.

The proposed development project falls within the known range of the following species:

• No rare reptile species in range

This information is based on distribution maps produced by the Amphibian and Reptile Conservation Trust.

Typically, there will be a minimum of 7 survey visits to determine presence or presumed presence on site. If using refuges, the ecological consultant will need to place these on site at least two weeks before the first survey visit.

• The common lizard is protected by law, meaning it is illegal to intentionally or recklessly take, injure or kill them, or to damage, destroy or obstruct access to places they use for shelter or protection. This protection arises from Article 10 of the Wildlife (NI) Order 1985 (as amended).
• The common lizard is also listed as a priority species under Section 3(1) of the Wildlife and Natural Environment Act (Northern Ireland) 2011.

• The slow-worm, common lizard, grass snake and adder are all protected by law, meaning it is illegal to intentionally injure or kill them. This protection arises from the Wildlife and Countryside Act 1981 (as amended).
• The slow-worm, common lizard and adder are listed on the Scottish Biodiversity List of the Nature Conservation (Scotland) Act 2004, identifying them as a species of ‘principal importance for the conservation of biodiversity’. The duty to create the list comes from Section 2(4) of the Nature Conservation (Scotland) Act 2004.
• A police constable has the power to enter land, with or without a warrant, stop and search a person and seize items if they suspect an offence is or has been committed. Those found guilty of offences relating to reptiles can be sentenced to imprisonment and/or fined.

The proposed development project falls within the known range of one of the following species:

• No rare amphibian species in range

This information is based on distribution maps produced by the Amphibian and Reptile Conservation Trust.

• The natterjack toad is listed on Annex IV of the Council Directive 92/43/EEC 1992 (EC Habitats Directive) as animal species of Community interest in need of strict protection.
• The Habitats Directive was transposed into national law by means of the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended) and affords strict protection to the natterjack toad. It is illegal to capture, possess, disturb, injure or kill them, or to damage or destroy their breeding sites and resting places. Some of these activities can be made lawful for development purposes if a European Protected Species licence has been granted by Scottish Natural Heritage generally after planning permission is obtained.
• The natterjack toad is listed on the Scottish Biodiversity List, identifying them as a species of ‘principal importance for the conservation of biodiversity’. The duty to create the list comes from Section 2(4) of the Nature Conservation (Scotland) Act 2004.
• A police constable has the power to stop and search a person and seize items if they suspect an offence is or has been committed. Those found guilty of offences relating to natterjack toads can be sentenced to imprisonment and/or fined.

• The natterjack toad and pool frog are listed on Annex IV of the Council Directive 92/43/EEC 1992 (EC Habitats Directive) as animal species of Community interest in need of strict protection.
• The Habitats Directive was transposed into national law by means of the Conservation of Habitats and Species Regulations (2017), and together with the protection afforded by the Wildlife and Countryside Act (1981) as amended, means the natterjack toad and pool frog are both strictly protected by law. It is illegal to capture, possess, disturb, injure or kill them, or to damage or destroy their breeding sites and resting places. Some of these activities can be made lawful for development purposes if a European Protected Species licence has been granted by Natural England generally after planning permission is obtained.
• The natterjack toad and pool frog are also listed under Section 41 of the Natural Environment and Rural Communities Act (2006) identifying them as species of principal importance for the purpose of conserving biodiversity.
• A police constable has the power to stop and search a person and seize items if they suspect an offence is or has been committed. Those found guilty of offences relating to natterjack toads or pool frogs can be sentenced to imprisonment and/or fined.

You will need a mitigation licence if your work will have impacts (either on purpose or by not taking enough care) on European Protected plant species that would otherwise be illegal.

It is an offence if you deliberately pick, collect, cut, uproot or destroy a wild plant of a European protected species. There are other offences relating to possession, transport and sale.

European Protected plant species occurring in Scotland include: Killarney fern, slender naiad and marsh saxifrage.

When European Protected Species are present, licences to permit works that will affect them can only be granted subject to tests being met. Further details are available on the Scottish Natural Heritage website: https://www.nature.scot/professional-advice/safeguarding-protected-areas-and-species/licensing/species-licensing-z-guide/licensing-plants-and-fungi

You will need a mitigation licence if your work will have impacts (either on purpose or by not taking enough care) on European Protected plant species that would otherwise be illegal.

It is an offence if you deliberately pick, collect, cut, uproot or destroy a wild plant of a European protected species. There are other offences relating to possession, transport and sale. This includes whole plants, dead plants or any part of a plant.

The following plants occurring in Wales are European Protected Species (EPS): fen orchid, floating water-plantain, Killarney Fern and shore dock.

Natural Resources Wales issues licences to allow developers to work within the law. Further details are available on the Natural Resources Wales website: https://naturalresources.wales/permits-and-permissions/protected-species-licensing/uk-protected-species-licensing/?lang=en

You will need a mitigation licence if your work will have impacts (either on purpose or by not taking enough care) on European Protected plant species that would otherwise be illegal.

It is an offence if you deliberately pick, collect, cut, uproot or destroy a wild plant of a European protected species. There are other offences relating to possession, transport and sale. This includes whole plants, dead plants or any part of a plant.

The following plants occurring in England are European Protected Species (EPS): creeping marshwort, early gentian, fen orchid, floating water-plantain, Killarney fern, lady’s slipper, marsh saxifrage, shore dock and slender naiad.

Further information is available from the Natural England website: https://www.gov.uk/government/publications/european-protected-species-apply-for-a-mitigation-licence

Development works which are likely to involve the loss of nest sites, or which could result in killing of or injury to dormice, need to take place under licence. Licences can be issued from Natural Resources Wales. More information is available here: https://naturalresources.wales/permits-and-permissions/protected-species-licensing/european-protected-species-licensing/dormouse-licensing/?lang=en

A European Protected Species licence can be sought from Scottish Natural Heritage to permit actions that may disturb wildcats or their dens for survey purposes. As a last resort it may also be possible to obtain a licence permitting development works or land management practices that might affect wildcats where such impacts are unavoidable. More information is available here: http://www.snh.gov.uk/protecting-scotlands-nature/species-licensing/european-species-licensing/

It may be necessary to obtain a mitigation licence from the Northern Ireland Environment Agency to permit necessary works that would otherwise be illegal. This includes capturing, killing, disturbing or injuring otters; damaging or destroying their breeding or resting places (either intentionally or by accident) OR obstructing access to their resting or sheltering places. More information is available here: https://www.daera-ni.gov.uk/articles/wildlife-licensing

It may be necessary to obtain a mitigation licence from Scottish Natural Heritage to permit necessary works that would otherwise be illegal. This includes capturing, killing, disturbing or injuring otters; damaging or destroying their breeding or resting places (either intentionally or by accident) OR obstructing access to their resting or sheltering places. More information is available here: http://www.snh.gov.uk/protecting-scotlands-nature/species-licensing/european-species-licensing/

It may be necessary to obtain a mitigation licence from Natural Resources Wales to permit necessary works that would otherwise be illegal. This includes capturing, killing, disturbing or injuring otters; damaging or destroying their breeding or resting places (either intentionally or by accident) OR obstructing access to their resting or sheltering places. More information is available here: http://naturalresourceswales.gov.uk/permits-and-permissions/protected-species-licensing/european-protected-species-licensing/?lang=en

It may be necessary to obtain a mitigation licence from Natural England to permit necessary works that would otherwise be illegal. This includes capturing, killing, disturbing or injuring otters; damaging or destroying their breeding or resting places (either intentionally or by accident) OR obstructing access to their resting or sheltering places. More information is available here: https://www.gov.uk/guidance/wildlife-licences

In specific circumstances a licence may be issued by Northern Ireland Environment Agency in order to undertake works that would otherwise constitute a legal offence. This is necessary in order to undertake any actions that may disturb badgers in their setts or destroy or damage all or part of a sett that is in current use by badgers. Licences cannot be issued retrospectively. More information is available here: https://www.daera-ni.gov.uk/articles/wildlife-licensing

Licensed interference is usually only possible during July and November inclusive to avoid the badger breeding season. Advice should be sought in all cases from an ecologist and the appropriate licensing body; in most cases an independent report by an ecologist or other qualified person will be necessary to support the application.

In specific circumstances a licence may be issued by Scottish Natural heritage in order to undertake works that would otherwise constitute a legal offence. This is necessary in order to undertake any actions that may disturb badgers in their setts or destroy or damage all or part of a sett that is in current use by badgers. Licences cannot be issued retrospectively. More information is available here: https://www.nature.scot/professional-advice/safeguarding-protected-areas-and-species/licensing

Licensed interference is usually only possible during July and November inclusive to avoid the badger breeding season. Advice should be sought in all cases from an ecologist and the appropriate licensing body; in most cases an independent report by an ecologist or other qualified person will be necessary to support the application.

In specific circumstances a licence may be issued by Natural Resources Wales in order to undertake works that would otherwise constitute a legal offence. This is necessary in order to undertake any actions that may disturb badgers in their setts or destroy or damage all or part of a sett that is in current use by badgers. Licences cannot be issued retrospectively. More information is available here: http://naturalresourceswales.gov.uk/permits-and-permissions/protected-species-licensing/uk-protected-species-licensing/?lang=en

Licensed interference is usually only possible during July and November inclusive to avoid the badger breeding season. Advice should be sought in all cases from an ecologist and the appropriate licensing body; in most cases an independent report by an ecologist or other qualified person will be necessary to support the application.

In specific circumstances a licence may be issued by Natural England in order to undertake works that would otherwise constitute a legal offence. This is necessary in order to undertake any actions that may disturb badgers in their setts or destroy or damage all or part of a sett that is in current use by badgers. Licences cannot be issued retrospectively. More information is available here: https://www.gov.uk/guidance/wildlife-licences

Licensed interference is usually only possible during July and November inclusive to avoid the badger breeding season. Advice should be sought in all cases from an ecologist and the appropriate licensing body; in most cases an independent report by an ecologist or other qualified person will be necessary to support the application.

The recommended survey time for detecting mountain hares is outlined in the table below.

• Mountain hares receive only limited legal protection in England under Schedule 4 of the Conservation of Habitats and Species Regulations 2017 which gives them protection against being captured or killed in certain ways. They are a game species with no closed season for hunting.
• The Mountain hare is listed in the NERC Act 2006 as a Species of Principal Importance under Section 41. Public Bodies (e.g. Local Planning Authorities) have a legal duty to conserve and enhance the conservation status of this species when carrying out their functions and/or decision making processes.

• In Scotland the mountain hare is protected under Schedules 5 & 6 of the Wildlife & Countryside Act 1981 (as amended in Scotland). This law makes it illegal to intentionally or recklessly kill, injure or take mountain hares during their close season (1^st March to 31^st July) or to poach this species at any time. These measures are to help maintain the populations of mountain hare, as required under the EC Habitats Directive (1992).
• Mountain hares are listed under Schedule 3 of the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended) which covers animals which may not be killed or taken in certain ways.
• The Mountain hare is listed as a species of principal importance for the conservation of biodiversity under Section 2(4) of the Nature Conservation (Scotland) Act 2004.

Habitats can be enhanced for brown hares by improving or creating extensive open and diverse grassland habitat and good quality hedgerows connected to suitable habitat in the wider landscape. The extent of habitat improvement/ creation that would constitute an actual enhancement will be site dependent and should be designed with input from a competent ecologist and the Local Planning Authority.

The recommended survey time for detecting brown hares is outlined in the table below.

In some cases it may be appropriate to undertake field surveys to establish brown hare presence/likely absence on site. The characteristic droppings of hares will be searched for as well as sightings of the animals themselves; visual searches are best carried out just after dawn or just before dusk. If the site is intersected or bordered by roads, these should also be searched for the carcasses of animals killed by road traffic collisions.

A hair tube survey may be recommended to gain a fuller understanding on the distribution, species and density of squirrels within the survey area. Hair tubes consisting of short lengths of plastic drainage tube systematically baited and attached to tree boughs. These are fitted with sticky pads to collect hair samples and provide conclusive evidence as to species and activity patterns. Tubes may need to be inspected on a regular basis.

In addition, feeding station surveys may be carried out where baited feeding stations are observed systematically with camera traps and/or combined with sticky tabs to collect hair, or where processed pine cones are periodically removed in order to observe the rate of replacement by newly eaten cones.

Monitoring may be required in some cases, usually only where specific mitigation measures have been put in place for the species and it is desirable to ascertain that these have been correctly installed and the degree of success e.g. fencing and new underpasses under roads. These may involve the use of camera traps or sand traps, or simply involve checking for field signs such as spraints.

Habitat enhancement measures that benefit otters will be those that improve riparian habitat connectivity, vegetation cover and food supply.

If impacts on great crested newts are predicted either before, during or after planned works then measures must be taken to avoid, mitigate (lessen) or compensate for those impacts. Avoidance can be achieved by selecting a different location for the development, or in some cases altering the type or timing of construction. Mitigation includes re-designing the layout of the development so that impacts on great crested newt habitats are removed or reduced, and changing construction methods to avoid particular effects on great crested newts. Remedial measures typically entail the capture and removal of great crested newts from the development footprint, along with excluding access so that they cannot enter the footprint from surrounding areas. This requires intensive capture effort, which typically entails searching land, looking underneath refuges, and trapping great crested newts using pitfall traps. Great crested newts in ponds and ditches typically need to be captured by netting and trapping, often in conjunction with draining down the pond or ditch. Preventing access involves the installation of fencing around the site perimeter. These measures frequently take at least one month, and for large, complex cases may extend over two or three years.

Surveys for great crested newts during the breeding season will need to take place in spring, with the exact timing depending on the local weather conditions, the particular methods used and the location of the site. The table below outlines the optimal time for undertaking surveys.

• The great crested newt is listed on Annex IV of the Council Directive 92/43/EEC 1992 (EC Habitats Directive) as animal species of Community interest in need of strict protection.
• The Habitats Directive was transposed into national law by means of the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended) and affords strict protection to the great crested newt. It is illegal to capture, possess, disturb, injure or kill them, or to damage or destroy their breeding sites and resting places. Some of these activities can be made lawful for development purposes if a European Protected Species licence has been granted by Scottish Natural Heritage generally after planning permission is obtained.
• The great crested newt is listed on the Scottish Biodiversity List, identifying them as a species of ‘principal importance for the conservation of biodiversity’. The duty to create the list comes from Section 2(4) of the Nature Conservation (Scotland) Act 2004.
• A police constable has the power to enter land, with or without a warrant, stop and search a person and seize items if they suspect an offence is or has been committed. Those found guilty of offences relating to great crested newts can be sentenced to imprisonment and/or fined.

• The natterjack toad is listed on Annex IV of the Council Directive 92/43/EEC 1992 (EC Habitats Directive) as animal species of Community interest in need of strict protection.
• The Habitats Directive was transposed into national law by means of the Conservation of Habitats and Species Regulations (2017), and together with the protection afforded by the Wildlife and Countryside Act (1981) as amended, means the natterjack toad is strictly protected by law. It is illegal to capture, possess, disturb, injure or kill them, or to damage or destroy their breeding sites and resting places. Some of these activities can be made lawful for development purposes if a European Protected Species licence has been granted by Natural Resources Wales generally after planning permission is obtained.
• The natterjack toad is also listed under the Section 7 biodiversity list of the Environment (Wales) Act, 2016, identifying them as species of ‘principal importance for the purpose of maintaining and enhancing biodiversity in relation to Wales’.
• A police constable has the power to stop and search a person and seize items if they suspect an offence is or has been committed. Those found guilty of offences relating to natterjack toads can be sentenced to imprisonment and/or fined.

• The sand lizard and smooth snake are listed on Annex IV of the Council Directive 92/43/EEC 1992 (EC Habitats Directive) as animal species of Community interest in need of strict protection.
• The Habitats Directive was transposed into national law by means of the Conservation of Habitats and Species Regulations (2017), and together with the protection afforded by the Wildlife and Countryside Act (1981) as amended, means the sand lizard and smooth snake are strictly protected by law. It is illegal to capture, possess, disturb, injure or kill them, or to damage or destroy their breeding sites and resting places. Some of these activities can be made lawful for development purposes if a European Protected Species licence has been granted by Natural England generally after planning permission is obtained.
• The sand lizard and smooth snake are also listed under Section 41 of the Natural Environment and Rural Communities Act (2006) identifying them as species of principal importance for the purpose of conserving biodiversity.
• A police constable has the power to enter land, with or without a warrant, stop and search a person and seize items if they suspect an offence is or has been committed. Those found guilty of offences relating to reptiles can be sentenced to imprisonment and/or fined.

• The sand lizard is listed on Annex IV of the Council Directive 92/43/EEC 1992 (EC Habitats Directive) as animal species of Community interest in need of strict protection.
• The Habitats Directive was transposed into national law by means of the Conservation of Habitats and Species Regulations (2017), and together with the protection afforded by the Wildlife and Countryside Act (1981) as amended, means the sand lizard is strictly protected by law. It is illegal to capture, possess, disturb, injure or kill them, or to damage or destroy their breeding sites and resting places. Some of these activities can be made lawful for development purposes if a European Protected Species licence has been granted by Natural Resources Wales (NRW), generally after planning permission is obtained.
• The sand lizard is also listed under Section 7 biodiversity list of the Environment (Wales) Act, 2016, identifying them as species of ‘principal importance for the purpose of maintaining and enhancing biodiversity in relation to Wales’.
• A police constable has the power to enter land, with or without a warrant, stop and search a person and seize items if they suspect an offence is or has been committed. Those found guilty of offences relating to reptiles can be sentenced to imprisonment and/or fined.

• The slow-worm, common lizard, grass snake and adder are all protected by law, meaning it is illegal to intentionally injure or kill them. This protection arises from the Wildlife and Countryside Act 1981 (as amended).
• The slow-worm, grass snake, adder and common lizard are listed under Section 41 of the Natural Environment and Rural Communities Act (2006) identifying them as species of principal importance for the purpose of conserving biodiversity.
• A police constable has the power to enter land, with or without a warrant, stop and search a person and seize items if they suspect an offence is or has been committed. Those found guilty of offences relating to reptiles can be sentenced to imprisonment and/or fined.

• The slow-worm, common lizard, grass snake and adder are all protected by law, meaning it is illegal to intentionally injure or kill them. This protection arises from the Wildlife and Countryside Act 1981 (as amended).
• The slow-worm, grass snake, adder and common lizard are listed under the Section 7 biodiversity list of the Environment (Wales) Act, 2016, identifying them as species of ‘principal importance for the purpose of maintaining and enhancing biodiversity in relation to Wales’.
• A police constable has the power to enter land, with or without a warrant, stop and search a person and seize items if they suspect an offence is or has been committed. Those found guilty of offences relating to reptiles can be sentenced to imprisonment and/or fined.

During a water vole field sign survey, an ecological consultant will search for characteristic water vole field signs along the edge of a watercourse or waterbody to determine the presence of water vole and relative population size. Field signs, or evidence of water voles include droppings, latrines (piles of droppings), signs of feeding, burrows, footprints and runs in vegetation. The presence of water vole droppings is the only field sign that can be used reliably on its own.

A Protected Species licence can be issued by Scottish Natural Heritage to allow activities that would otherwise be offences under the legislation such as disturbance to water voles or damage/destruction of burrows. More information is available here: https://www.nature.scot/professional-advice/safeguarding-protected-areas-and-species/licensing

A Protected Species licence can be issued by Natural Resources Wales to allow activities that would otherwise be offences under the legislation such as disturbance to water voles or damage/destruction of burrows. More information is available here: http://naturalresourceswales.gov.uk/permits-and-permissions/protected-species-licensing/uk-protected-species-licensing/?lang=en

A Protected Species licence can be issued by Natural England to allow activities that would otherwise be offences under the legislation such as disturbance to water voles or damage/destruction of burrows. More information is available here: https://www.gov.uk/guidance/wildlife-licences

• Water voles are listed on Schedule 5 of the Wildlife and Countryside Act 1981 (as amended) but currently only in respect of Section 9(4). Full protection for water voles is due to be implemented soon.
• The following are offences in Scotland:
  • Intentionally or recklessly damaging or destroying a water vole’s place of shelter or protection
  • Intentionally or recklessly disturbing a water vole whilst it is occupying a structure or place which it uses for shelter or protection
  • Intentionally or recklessly obstructing access to a water vole’s place of shelter or protection

An ecological consultant will assess the suitability and potential of any mature trees to support nesting birds and inspect them for evidence of holes, cavities and signs of use by birds (namely sightings, nests, pellets and/or droppings).

An ecological consultant will carry out an internal and external inspection of any building or structure to assess its suitability for nesting birds and look for evidence of use by birds (namely sightings, nests, pellets and/or droppings). The ecological consultant will need access to all areas, including any loft spaces.

An ecological consultant will assess the suitability of the habitats on site for their value to support breeding and/or wintering birds. Depending on the scale and likely impact of the development, the survey area could extend beyond the immediate site boundary.

Bat surveys are often seasonal. The table below outlines when different bat activity surveys should be carried out. The ecological consultant can advise on the most appropriate survey schedule.

Bat surveys often need to be repeated, particularly bat activity surveys. The table below outlines the number of repeat surveys that may be appropriate. The ecological consultant will advise on the suitability of the habitat for bats.

Priority species have been identified by the UK government as conservation priorities and are listed as species of principal importance.

This includes European Protected Species (EPS) and nationally protected species

The proposed development project falls within the known range of the following bat species:

• No bat species in range

This is based on distributions shown in ‘Mathews, F., Kubasiewicz, L., Gurnell, J., Harrower, C., Mcdonald, R., and Shore, R. (2018) A review of the population and conservation status of British mammals: A report by The Mammal Society under contract to Natural England, Natural Resources Wales and Scottish Natural Heritage. Natural England.

Enhancement measures involve the creation or improvement of habitat for great crested newts. Depending on the development impacts, this may involve pond creation, pond restoration, improved pond management, removal of invasive species, creation or enhancement of land habitats such as grassland, or creation of particular features such as hibernation sites. Any habitat created would typically need to be safeguarded and managed via a robust mechanism with clear responsibilities. There must be provision for remedial action should adverse impacts arise after the development, for example pollution incidents or invasive species introductions.

Monitoring of great crested newts after development will typically require surveys at ponds during the spring to find and count great crested newts, record signs of breeding, and assess the condition of ponds. Monitoring may also involve an assessment of land surrounding the breeding ponds, and/or particular habitat features. If special measures have been put in place, such as tunnels or permanent fencing, then these will also be checked. Any remedial measures to habitats and mitigation measures will be recorded, triggering action to ensure the site continues to provide good habitat for great crested newts.

Monitoring for brown hare is unlikely to be necessary, but may be required in order to establish the success or otherwise of mitigation and/or enhancement works. Transect surveys can be used to establish presence/likely absence and also population estimates which would be useful to compare to pre-development population data (if gathered).

Monitoring may be required where specific mitigation measures have been put in place for the species and to judge the degree success of these e.g. underpasses under roads. Where necessary this will most likely involve long-term studies using baited camera traps, which allow individual animals to be differentiated and behaviour to be observed.

It is necessary to monitor mitigation, compensation and enhancement measures, sometimes for up to 10 years after completion in the most complex case, although in most cases it will be shorter. Monitoring is required to understand whether or not the measures have fulfilled the original intention and whether they could be amended to be more effective. The aim is to at least maintain, and if possible enhance, the dormouse population at both the site and in the immediate landscape. As dormouse populations can fluctuate by year, this will only be possible by undertaking a long term monitoring study. An ecological consultant can advise on the most appropriate monitoring regime but it is likely to include dormouse box checks to record dormice and collect basic biometric data which will then be submitted to the National Dormouse Monitoring Programme.

Monitoring for Irish hare may be taken into account by your ecologist if specific mitigation has been put in place as part of the development strategy. As part of monitoring a suitably qualified ecologist would assess the establishment of habitat creation measures, as well as the continuing ability of the site to support Irish hare. Torch surveys is likely to be the most effective method of carrying out presence and density estimates or Irish hare populations for this purpose.

Monitoring for pine marten is unlikely to be required in the case of most developments, but will be necessary where specific mitigation measures for the species have been implemented. If required, an ecologist would assess the establishment of habitat creation measures and the efficacy of artificial den sites as well as the continuing ability of the site to support pine marten and their prey species.

It is recommended mitigation, compensation and enhancement measures are monitored after completion, ideally for up to 10 years. This will inform and help develop an understanding as to whether or not any measures have fulfilled their original intent or whether they need to be amended to be made more effective in future.

In order that direct comparisons can be made, monitoring methods should reflect the surveys originally undertaken prior to implementation of any work or enhancement measures.

Monitoring of reptiles after development will typically require surveys during the spring or early autumn to find and count reptiles and to record signs of breeding. Monitoring may also involve an assessment of the condition of habitats, and particular habitat features. If special measures have been put in place, such as permanent fencing, then these will also be checked. Any remedial measures to habitats and mitigation measures will be recorded, triggering action to ensure the site continues to provide good habitat for reptiles.

Monitoring may be required as part of a planning condition in order to ensure that undertaken mitigation is successful and to monitor affected populations. Monitoring should seek to establish whether remedial measures are required in the event that failure occurs. Monitoring schedules should be tailored to the particular impacts arising from the development but may involve annual or twice-yearly inspections of mitigation measures and surveys of squirrel activity on larger sites. Monitoring may extend for several years post-development and should be properly budgeted for, with roles and responsibilities determined as early as possible.

Monitoring may be required where specific mitigation and/or enhancement measures have been implemented for Orkney voles. In such cases it may be desirable to establish continued presence/likely absence and also population estimates, which would be useful to compare to pre-development population data if available.

Monitoring is unlikely to be necessary but may be recommended, particularly where mitigation and/or enhancement measures have been employed. Surveys can be undertaken to establish continued presence/ likely absence and also population estimates which would be useful to compare to pre-development population data.

Where mitigation is necessary for harvest mice, monitoring may be required in order to assess the effectiveness of the mitigation. Your ecologist would assess the establishment of habitat creation measures, as well as the continuing ability of the site to support harvest mouse. Nest searching surveys would be the most effective method of carrying out presence and density estimates of harvest mouse populations.

It is necessary to monitor mitigation, compensation and enhancement measures, sometimes for up to 5 years after completion in the most complex cases, to understand whether or not they have fulfilled the original intention and whether they could be amended to be more effective. An ecological consultant can advise on the most appropriate monitoring regime. Methods should mirror surveys carried out prior to any work or enhancement measures in order to make a direct comparison between the two.

Monitoring of hedgehog presence over several years is recommended, although not required.  Footprint tunnel surveys would be the most effective method of carrying out presence and density estimates of hedgehog populations.

It is necessary to monitor mitigation, compensation and enhancement measures, sometimes for up to 10 years after completion in the most complex cases, to understand whether or not they have fulfilled the original intention and whether they could be amended to be more effective. An ecological consultant can advise on the most appropriate monitoring regime. Methods should mirror surveys carried out prior to any work or enhancement measures in order to make a direct comparison between the two.

Bat surveys are iterative, each stage informs the next. The types of surveys that may be relevant to the project following the Preliminary Ground Level Roost Assessment are described below. The ecological consultant can advise.

• Emergence and re-entry surveys include using bat detectors at dusk and dawn to confirm absence of bats or record bats emerging from or returning to a tree during the spring, summer and/or autumn. This will help the consultant to establish species, numbers, roost location and status if bats are present.
• A potential roost feature inspection survey involves accessing cavities and crevices in trees up close by tree climbing or using access equipment such as a cherry picker to assess suitability for, and look for evidence of, roosting bats.
• It may also be necessary to apply advanced licence bat survey techniques including trapping and radio tracking bats back to their tree roosts.

More than one of these types of surveys may be required and repeating the surveys is often necessary.

During a Preliminary Ground Level Roost Assessment an ecological consultant will inspect the tree(s) from the ground during the day to assess suitability for roosting bats and look for evidence of bats. The ecological consultant will need access to all sides of the relevant trees.

Bat surveys are iterative, each stage informs the next. The types of surveys that may be relevant to the project following the Preliminary Roost Assessment are described below. The ecological consultant can advise.

• Emergence and re-entry surveys include using bat detectors at dusk and dawn to confirm that bats are absent or record bats emerging from or returning to a building/structure during the spring, summer and/or autumn. This will help the consultant to establish species, numbers, roost status and bat access points if bats are present.
• A hibernation survey includes an internal and external inspection of a building/structure to search for hibernating bats in the winter.
• A swarming survey includes using bat detectors during the night to assess if a site is an important gathering area for bats in the autumn.

More than one of these types of surveys may be required and repeating the surveys is often necessary.

During a Preliminary Roost Assessment an ecological consultant will carry out an internal and external inspection of a building/structure during the day to assess suitability for roosting bats and look for evidence of bats. The ecological consultant will need access to all areas, including any loft spaces and cellars, and needs a special licence to do this.

Advanced techniques include trapping bats for radio tagging and tracking over a number of nights during different months of the year to investigate bat behaviour in more detail. An ecological consultant needs a special licence to do this.

The aim should be to locate and design the project to avoid impacts on birds. If impacts can be completely avoided it may be possible to go ahead with works using a simple Method Statement from an ecological consultant.

If impacts on birds are predicted either before, during or after planned works then measures must be taken to avoid, mitigate (lessen) or compensate for those impacts. An ecological consultant can advise on appropriate measures, those commonly considered are listed below.

Avoidance/mitigation measures

• Avoid disturbance and or damage to habitats.
• Retain habitats for birds, considering how they connect throughout the landscape and prioritising those habitats and species of local and/or national importance.
• Where concerns relate to disturbance of breeding or non-breeding birds, these can be avoided by carrying out the work outside the relevant season. The main breeding season is March to August, however birds can also nest outside of this peak period.

Compensation measures (where impacts cannot be avoided)

Compensation is a last resort when measures to avoid or reduce harm have failed. All compensation should be designed for the specific needs of each species concerned. An ecological consultant should advise on what the specific needs of the species affected are so that compensation measures are appropriate and will succeed. Measures would normally include the creation of new, suitable habitat nearby to support the affected bird species.

The aim should be to locate and design the project to avoid impacts on birds. If impacts can be completely avoided it may be possible to go ahead with works using a simple Method Statement from an ecological consultant.

If impacts on birds are predicted either before, during or after planned works to trees then measures must be taken to avoid, mitigate (lessen) or, as a last resort, compensate for those impacts. An ecological consultant can advise on appropriate measures, those commonly considered are listed below.

Avoidance/mitigation measures

• Where concerns relate to disturbance of breeding birds, these can be avoided by carrying out the work outside the relevant season. The main breeding season is March to August, however birds can also nest outside of this peak period.
• Start work when birds are absent and nests are inactive.
• Ecological consultant briefs contractors so they know what to do if they find an active nest.
• Wherever possible retain nest entrance holes or access points.

Compensation measures (where impacts cannot be avoided)

Compensation is a last resort when measures to avoid or reduce harm have failed. All compensation should be designed for the specific needs of each species concerned. For example, starling and tree sparrow require specific size boxes and entrance holes. For barn owl and kestrel box size and shape is in addition to the availability of suitable habitat nearby. For example, barn owl require between 15 and 50ha of suitable rough grassland within 2km of a roost or nest site.

An ecological consultant should advise on what the specific needs of the species affected are so that compensation measures are appropriate and will succeed. Measures might include the following:

• Provide a dedicated nest box on trees, for species such as starling, tree sparrow, barn owl and kestrel.
• Provide new habitats fit for birds to connect with surrounding habitats to provide food and shelter.

All of the above should be away from existing or new lighting.

If impacts on bats are predicted either before, during or after planned works to trees then measures must be taken to avoid, mitigate (lessen) or compensate for those impacts. Common methods are given below and an ecological consultant can advise on the most appropriate measures.

Avoidance/mitigation measures

• If breeding bats are present, start work outside the maternity season of May to August.
• If hibernating bats are present, start work outside the hibernation season of November to March.
• Start work when bats are absent.
• Ecological consultant excludes bats prior to works either using special devices or by supervising the careful dismantling of roost features, generally under licence.
• Ecological consultant briefs contractors so they know what to do if they find a bat.
• Retain or reinstate the bat roost and lighting/surrounding habitats in their original form.

If impacts can be completely avoided it may be possible to go ahead with works using a simple Method Statement from an ecological consultant.

Where impacts cannot be avoided it may be necessary for an ecological consultant to obtain a European Protected Species Licence in order to go ahead.

Compensation measures

• Arborist straps the bat roost feature to an adjacent tree in the same orientation.
• Arborist creates new roosting features in adjacent trees.
• Provide new bat boxes

All of the above should be away from existing or new lighting.

All compensation should be specifically designed for the species concerned; each bat species has specific needs. For example, barbastelles generally prefer crevices and Bechstein’s bats generally prefer cavities.

If there is a risk that bats may collide with new wind turbines then measures must be taken to avoid, mitigate (lessen) or compensate for this impact. Common methods are given below and an ecological consultant can advise on the most appropriate measures.

• Reduce the number of turbines.
• Site all wind turbines over 50m away from habitat used by bats.
• Apply curtailment of wind turbine operation at times of high bat activity.

If there is a risk that bats may collide with traffic on a new road then measures must be taken to avoid, mitigate (lessen) or compensate for this impact. Common methods are given below and an ecological consultant can advise on the most appropriate measures.

• Provide underpasses along important bat flight routes.
• Provide overpasses (e.g. green bridges) along important bat flight routes.
• Deter bats from crossing the road at other locations using planting and lighting.

If impacts on bats are predicted either before, during or after planned works then measures must be taken to avoid, mitigate (lessen) or compensate for those impacts. Common methods are given below and an ecological consultant can advise on the most appropriate measures.

• Avoid noise or lighting adjacent to bat roosts.
• Avoid noise or lighting in important habitats in the landscape for bats between dusk and dawn.
• Retain or re-create important habitats for bats, considering how habitats connect from roosts into the landscape.

If impacts on bats are predicted either before, during or after planned works to a building or structure then measures must be taken to avoid, mitigate (lessen) or compensate for those impacts. Common methods are given below and an ecological consultant can advise on the most appropriate measures.

Avoidance/mitigation measures

• If breeding bats are present, start work outside the maternity season of May to August.
• If hibernating bats are present, start work outside the hibernation season of November to March.
• Start work when bats are absent.
• Ecological consultant excludes bats prior to works either using special devices or by supervising the careful dismantling of roost features, generally under licence.
• Ecological consultant briefs contractors so they know what to do if they find a bat.
• Do not treat timber when bats are present and use bat-friendly chemicals.
• Retain or reinstate the bat roost, access points and lighting/surrounding habitats in their original form.

If impacts can be completely avoided it may be possible to go ahead with works using a simple Method Statement from an ecological consultant.

Where impacts cannot be avoided it may be necessary for an ecological consultant to obtain a European Protected Species Licence in order to go ahead.

Compensation measures

• Provide new bat boxes
• Provide new roosts in existing or new buildings
• Provide a dedicated bat building
• Provide new habitats fit for bats to connect roosts with surrounding habitats

All of the above should be away from existing or new lighting.

All compensation should be specifically designed for the species concerned; each bat species has specific needs. For example, long-eared and horseshoe bats and Natterer’s bat require space to fly around inside their roosts in contrast to pipistrelle bats, which generally roost in crevices on the outside of buildings.

A European Protected Species licence can be issued by Northern Ireland Environment Agency to allow activities that would otherwise be offences under the legislation such as disturbance to bats or damage/destruction of roosts. More information is available here: https://www.daera-ni.gov.uk/articles/wildlife-licensing

A European Protected Species licence can be issued by Natural Resources Wales to allow activities that would otherwise be offences under the legislation such as disturbance to bats or damage/destruction of roosts. More information is available here: http://naturalresourceswales.gov.uk/permits-and-permissions/protected-species-licensing/european-protected-species-licensing/?lang=en

• All UK bat species are listed on Annex IV of the Council Directive 92/43/EEC 1992 (EC Habitats Directive) as animal species of Community interest in need of strict protection. Some bat species are listed on Annex II (Barbastelle, Bechstein’s and the greater and lesser horseshoe bats) requiring the designation of Special Areas of Conservation to protect them and their habitats.
• The Habitats Directive has been transposed into national law by means of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended), which makes it unlawful to kill, capture, injure or take a wild bat, to disturb a bat or to damage, destroy or obstruct access to a place used by a bat for breeding or resting (even if the bats are not there at the time). Some of these activities can be made lawful for development purposes if a European Protected Species licence has been granted by the Northern Ireland Environment Agency generally after planning permission is obtained.
• A police constable has the power to stop and search a person and seize items if they suspect an offence is or has been committed. Those found guilty of offences relating to bats can be sentenced to six month’s imprisonment and/or fined.

• All UK bat species are listed on Annex IV of the Council Directive 92/43/EEC 1992 (EC Habitats Directive) as animal species of Community interest in need of strict protection. Some bat species are listed on Annex II (Barbastelle, Bechstein’s and the greater and lesser horseshoe bats) requiring the designation of Special Areas of Conservation to protect them and their habitats.
• The Habitats Directive has been transposed into national law by means of the Conservation of Habitats and Species Regulations (2017), which makes it unlawful to kill, capture, injure or take a wild bat, to disturb a bat or to damage or destroy a place used by a bat for breeding or resting (even if the bats are not there at the time). Some of these activities can be made lawful for development purposes if a European Protected Species licence has been granted by Natural Resources Wales generally after planning permission is obtained.
• Bats also receive protection from obstruction of, and disturbance at, a place of shelter or protection under the Wildlife and Countryside Act (1981).
• A police constable has the power to stop and search a person and seize items if they suspect an offence is or has been committed. Those found guilty of offences relating to bats can be sentenced to six month’s imprisonment and/or fined.
• Some bat species (Barbastelle, Bechstein’s, brown long-eared bat, greater and lesser horseshoe bats, noctule, common and soprano pipistrelle) are also listed under Section 7 of the Environment (Wales) Act 2016 identifying them as species of principal importance for the purpose of maintaining and enhancing biodiversity.

• All UK bat species are listed on Annex IV of the Council Directive 92/43/EEC 1992 (EC Habitats Directive) as animal species of Community interest in need of strict protection. Some bat species are listed on Annex II (Barbastelle, Bechstein’s and the greater and lesser horseshoe bats) requiring the designation of Special Areas of Conservation to protect them and their habitats.
• The Habitats Directive has been transposed into national law by means of the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended), which makes it unlawful to kill, capture, injure or take a wild bat, to disturb or harass a bat or to damage, destroy or obstruct access to a place used by a bat for breeding or resting (even if the bats are not there at the time). Some of these activities can be made lawful for development purposes if a European Protected Species licence has been granted by Scottish Natural Heritage generally after planning permission is obtained.
• A police constable has the power to stop and search a person and seize items if they suspect an offence is or has been committed. Those found guilty of offences relating to bats can be sentenced to six month’s imprisonment and/or fined.

• Hedgehogs receive only limited protection under Schedule 6 of the Wildlife and Countryside Act 1981 (as amended); this protects them against being killed or taken by certain methods.
• Additional protection is provided as Species of Principal Importance in England under the Natural Environment and Rural Communities (NERC) Act 2006 Section 41.

• Hedgehogs receive only limited protection under Schedule 6 of the Wildlife and Countryside Act 1981 (as amended); this protects them against being killed or taken by certain methods.
• Additional protection is provided as Species of Principal Importance under the Environment (Wales) Act 2016.

• Hedgehogs receive only limited protection under Schedule 6 of the Wildlife and Countryside Act 1981 (as amended) this protects them against being killed or taken by certain methods.
• In addition they are listed as a species of ‘principal importance for the purpose of conserving biodiversity’ under the Nature Conservation (Scotland) Act 2004.
• Hedgehogs are also on the Scottish Biodiversity list as ‘Watching Brief Only’ requiring monitoring to prevent decline.

• Hedgehogs receive only limited protection under Schedule 6 & 7 of the Wildlife (Northern Ireland) Order 1985; this protects them against being killed or taken by certain methods.
• They are also listed on the Priority Species List for Northern Ireland for the purposes of conserving biodiversity.

• Water voles are fully protected under Schedule 5 of the Wildlife and Countryside Act 1981 (as amended). The Wildlife and Countryside Act 1981, along with amending legislation, makes it unlawful to; intentionally capture, kill or injure water voles; damage, destroy or block access to their place of shelter or protection (on purpose or by not taking enough care); disturb a water vole whilst it is occupying a structure or place which it uses for shelter or protection (on purpose or by not taking enough care).
• Water voles are also listed under Section 41 of the Natural Environment and Rural Communities Act (2006) identifying them as species of principal importance for the purpose of conserving biodiversity.

• Water voles are fully protected under Schedule 5 of the Wildlife and Countryside Act 1981 (as amended). The Wildlife and Countryside Act 1981, along with amending legislation, makes it unlawful to; intentionally capture, kill or injure water voles; damage, destroy or block access to their place of shelter or protection (on purpose or by not taking enough care); disturb a water vole whilst it is occupying a structure or place which it uses for shelter or protection (on purpose or by not taking enough care).
• Water voles are also listed under Section 7 of the Environment (Wales) Act 2016, identifying them as species of principal importance for the purpose of maintaining and enhancing biodiversity.

A European Protected Species licence can be issued by Scottish Natural Heritage to allow activities that would otherwise be offences under the legislation such as disturbance to bats or damage/destruction of roosts. More information is available here: http://www.snh.gov.uk/protecting-scotlands-nature/species-licensing/european-species-licensing/

A European Protected Species licence can be issued by Natural England to allow activities that would otherwise be offences under the legislation such as disturbance to bats or damage/destruction of roosts. More information is available here: https://www.gov.uk/guidance/wildlife-licences

• All UK bat species are listed on Annex IV of the Council Directive 92/43/EEC 1992 (EC Habitats Directive) as animal species of Community interest in need of strict protection. Some bat species are listed on Annex II (Barbastelle, Bechstein’s and the greater and lesser horseshoe bats) requiring the designation of Special Areas of Conservation to protect them and their habitats.
• The Habitats Directive has been transposed into national law by means of the Conservation of Habitats and Species Regulations (2017), which makes it unlawful to kill, capture, injure or take a wild bat, to disturb a bat or to damage or destroy a place used by a bat for breeding or resting (even if the bats are not there at the time). Some of these activities can be made lawful for development purposes if a European Protected Species licence has been granted by Natural England generally after planning permission is obtained.
• Bats also receive protection from obstruction of, and disturbance at, a place of shelter or protection under the Wildlife and Countryside Act (1981).
• A police constable has the power to stop and search a person and seize items if they suspect an offence is or has been committed. Those found guilty of offences relating to bats can be sentenced to six month’s imprisonment and/or fined.
• Some bat species (Barbastelle, Bechstein’s, brown long-eared bat, greater and lesser horseshoe bats, noctule and soprano pipistrelle) are also listed under Section 41 of the Natural Environment and Rural Communities Act (2006) identifying them as species of principal importance for the purpose of conserving biodiversity.

Many UK invertebrate species (e.g. bees, beetles, spiders, butterflies and moths, slugs and snails, worms, molluscs and crustaceans) have some level of legal protection.

• There are three invertebrate species listed on Annexe IVa in the European Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora (Habitats Directive). This Directive is implemented into national law through The Conservation (Natural Habitats &c.) Regulations 1994 (as amended). These species are strictly protected by law, meaning it is illegal to capture, possess, disturb, injure or kill them, or to damage or destroy their breeding sites and resting places.
• There are a number of invertebrate species listed on Schedule 5 of the Nature Conservation (Scotland) Act 2004. These species are strictly protected by law, meaning it is illegal to capture, possess, disturb, injure or kill them, or to damage or destroy their breeding sites and resting places.
• In addition, a further 387 invertebrate species are listed under Section 2 of the Nature Conservation Act (Scotland) 2004, identifying them as the highest priority for biodiversity conservation in Scotland.

Many UK invertebrate species (e.g. bees, beetles, spiders, butterflies and moths, slugs and snails, worms, molluscs and crustaceans) have some level of legal protection.

• There are three invertebrate species listed on Annexe IVa in the European Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora (Habitats Directive). This Directive is implemented into national law through The Conservation of Habitats and Species Regulations (2017). These species are strictly protected by law, meaning it is illegal to capture, possess, disturb, injure or kill them, or to damage or destroy their breeding sites and resting places.
• There are a number of invertebrate species listed on Schedule 5 of the Wildlife and Countryside Act (WCA) (1981) (as amended). These species are strictly protected by law, meaning it is illegal to capture, possess, disturb, injure or kill them, or to damage or destroy their breeding sites and resting places.
• In addition, a further 189 invertebrate species are listed under Section 7 of the Environment (Wales) Act 2016, identifying them as species of principal importance for the purpose of conserving biodiversity, and these need to be taken into account in planning decisions.

Many UK invertebrate species (e.g. bees, beetles, spiders, butterflies and moths, worms, molluscs and crustaceans) have some level of legal protection.

• There are three invertebrate species listed on Annexe IVa in the European Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora (Habitats Directive). This Directive is implemented into national law through The Conservation of Habitats and Species Regulations (2017). These species are strictly protected by law, meaning it is illegal to capture, possess, disturb, injure or kill them, or to damage or destroy their breeding sites and resting places.
• There are 53 invertebrate species listed on Schedule 5 of the Wildlife and Countryside Act (WCA) (1981) (as amended). These species are strictly protected by law, meaning it is illegal to capture, possess, disturb, injure or kill them, or to damage or destroy their breeding sites and resting places.
• In addition, a further 398 invertebrate species are listed under Section 41 of the Natural Environment and Rural Communities Act (2006) identifying them as species of principal importance for the purpose of conserving biodiversity, and these need to be taken into account in planning decisions.

Many UK invertebrate species (e.g. bees, beetles, spiders, butterflies and moths, slugs and snails, worms, molluscs and crustaceans) have some level of legal protection.

• There are three invertebrate species listed on Annexe IVa in the European Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora (Habitats Directive). This Directive is implemented into national law through The Conservation (Natural Habitats, &c) Regulations (Northern Ireland) 1995 (as amended). These species are strictly protected by law, meaning it is illegal to capture, possess, disturb, injure or kill them, or to damage or destroy their breeding sites and resting places.
• There are a number of invertebrate species listed on Schedule 5 of the Wildlife and Natural Environment Act (Northern Ireland) 2011 (the WANE Act). These species are strictly protected by law, meaning it is illegal to capture, possess, disturb, injure or kill them, or to damage or destroy their breeding sites and resting places.
• In addition, a further 213 invertebrate species are listed under Section 3 of the Wildlife and Natural Environment Act (Northern Ireland) 2011 identifying them as species of principal importance for the purpose of conserving biodiversity, and these need to be taken into account in planning decisions.

Where European Protected Species are present on site, it may be necessary to obtain a licence from Natural England before starting work. More information is available here: https://www.gov.uk/guidance/wildlife-licences

Where European Protected Species are present on site, it may be necessary to obtain a licence from Natural Resources Wales before starting work. More information is available here: http://www.naturalresources.wales/permits-and-permissions/protected-species-licensing/uk-protected-species-licensing/invertebrate-licensing/?lang=en

Where European Protected Species are present on site, it may be necessary to obtain a licence from Scottish Natural Heritage before starting work. More information is available here: https://www.nature.scot/professional-advice/safeguarding-protected-areas-and-species/protected-species/protected-species-z-guide/protected-species-invertebrates

Where European Protected Species are present on site, it may be necessary to obtain a licence from the Department of Agriculture, Environment and Rural Affairs before starting work. More information is available here: https://www.daera-ni.gov.uk/articles/wildlife-licensing

• Harvest mice currently receive no specific legal protection under UK legislation. However they are listed as a species of ‘Principal Importance for the purpose of conserving biodiversity’ under the NERC act, 2006 Section 41.
• Harvest mice also receive basic protection from intentional acts of cruelty by the Wild Mammals Protection Act, 1996.

• Harvest mice currently receive no specific legal protection under UK legislation. However they are listed as a species of ‘Principal Importance for the purpose of maintaining and enhancing biodiversity’ under Section 7 of the Environment (Wales) Act 2016.
• Harvest mice also receive basic protection from intentional acts of cruelty by the Wild Mammals Protection Act, 1996.

• The polecat is only partially protected in England under Schedule 6 (but not 5) of the Wildlife and Countryside Act 1981; it is therefore not classified as a fully ‘protected species’ of mustelid under UK law in the same way as the pine marten and otter.
• The polecat is also a species of ‘principal importance for the purpose of conserving biodiversity’ under the NERC Act 2006 Sections 41. It is not a legal offence to disturb a polecat, even at den sites.

• The polecat is only partially protected in Wales under Schedule 6 (but not 5) of the Wildlife and Countryside Act 1981; it is therefore not classified as a fully ‘protected species’ of mustelid under UK law in the same way as the pine marten and otter.
• The polecat is also a species of ‘principal importance for the purpose of maintaining and enhancing biodiversity’ under Section 7 of the Environment (Wales) Act 2016. It is not a legal offence to disturb a polecat, even at den sites.

• The polecat is partially protected in Scotland under Schedule 3 of the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended) in Scotland. Certain methods of taking or killing wild polecats are therefore prohibited.
• Polecats are also a conservation priority species, listed as a species of ‘principal importance for biodiversity’ under Section 2 of the Nature Conservation (Scotland) Act 2004. It is not a legal offence to disturb a polecat, even at den sites.

• Brown hares receive limited legal protection in England and are game species with no closed season for hunting. Brown hare is listed in the NERC Act as a Species of Principal Importance under Section 41.

• Brown hares receive limited legal protection in Wales and are game species with no closed season for hunting. Brown hare is listed under Section 7 of the Environment (Wales) Act 2016, identifying them as a species of principal importance for the purpose of maintaining and enhancing biodiversity.

• In Scotland brown hare is protected under Schedules 5 & 6 of the Wildlife & Countryside Act 1981 (as amended). This law makes it illegal to intentionally or recklessly kill, injure or take brown hare during their close season or to poach this species at any time. They are listed as a species of principal importance for the conservation of biodiversity under Section 2(4) of the Nature Conservation (Scotland) Act 2004.

• In Northern Ireland brown hare is protected under Schedule 6 of the Wildlife (Northern Ireland) Order 1985. Brown hare are not identified as a priority species within the Wildlife and Natural Environment Act (Northern Ireland) 2011.

• The red squirrel receives full protection in England from the Wildlife and Countryside Act 1981 (as amended) which makes it an offence to intentionally kill, injure or take any red squirrel. In addition, it is an offence to intentionally or recklessly damage, destroy or obstruct access to any structure or place used by red squirrel for shelter or protection, or to disturb a red squirrel while it is occupying such a location. Finally, it is also an offence to keep, transport, sell, exchange or offer for sale any animal or any part or derivative of one, if obtained after 10th June 1994.
• Red squirrels are also listed as a species of ‘principal importance for the purpose of conserving biodiversity’ under the NERC Act Section 41.

• The red squirrel receives full protection in Wales from the Wildlife and Countryside Act 1981 (as amended) which makes it an offence to intentionally kill, injure or take any red squirrel. In addition, it is an offence to intentionally or recklessly damage, destroy or obstruct access to any structure or place used by red squirrel for shelter or protection, or to disturb a red squirrel while it is occupying such a location. Finally, it is also an offence to keep, transport, sell, exchange or offer for sale any animal or any part or derivative of one, if obtained after 10th June 1994.
• Red squirrels are also listed as a species of ‘principal importance for the purpose of maintaining and enhancing biodiversity’ under Section 7 of the Environment (Wales) Act 2016.

• The red squirrel receives full protection in Scotland from the Wildlife and Countryside Act 1981 (as amended) which makes it an offence to intentionally or recklessly kill, injure or take any red squirrel. In addition, it is an offence to intentionally or recklessly damage, destroy or obstruct access to any structure or place used by red squirrel for shelter or protection, or to disturb a red squirrel while it is occupying such a location. Finally, it is also an offence to keep, transport, sell, exchange or offer for sale any animal or any part or derivative of one, if obtained after 10th June 1994.
• Red squirrels are also listed as a species of ‘principal importance for the purpose of conserving biodiversity’ under the Nature Conservation (Scotland) Act 2004.

• The red squirrel receives full protection in Northern Ireland from the Wildlife Order (NI) 1985 (as amended) which makes it an offence to intentionally kill, injure or take any red squirrel. In addition, it is an offence to intentionally or recklessly damage, destroy or obstruct access to any structure or place used by red squirrel for shelter or protection, or to disturb a red squirrel while it is occupying such a location. Finally, it is also an offence to keep, transport, sell, exchange or offer for sale any animal or any part or derivative of one, if obtained after 10th June 1994.
• Red squirrels are also listed on the Priority Species List for Northern Ireland for the purposes of conserving biodiversity.

• Hazel dormice are a European Protected Species (EPS) which are defined in British legislation as a species listed in Annex IV to the Habitats Directive whose natural range includes any area in Great Britain.
• The Habitats Directive has been transposed into national law by means of the Conservation of Habitats and Species Regulations (2017), which makes it unlawful to kill, capture, injure or take a dormouse, to disturb a dormouse or to damage or destroy a place used by a dormouse for breeding or resting (even if dormice are not there at the time). Some of these activities can be made lawful for development purposes if a European Protected Species license has been granted by Natural England.
• Dormice are given full protection under Schedule 5 of the Wildlife and Countryside Act 1981, as amended.
• Dormice are also listed under Section 41 of the Natural Environment and Rural Communities Act (2006) identifying them as species of principle importance for the purpose of conserving biodiversity.

• Hazel dormice are a European Protected Species (EPS) which are defined in British legislation as a species listed in Annex IV to the Habitats Directive whose natural range includes any area in Great Britain.
• The Habitats Directive has been transposed into national law by means of the Conservation of Habitats and Species Regulations (2017), which makes it unlawful to kill, capture, injure or take a dormouse, to disturb a dormouse or to damage or destroy a place used by a dormouse for breeding or resting (even if dormice are not there at the time). Some of these activities can be made lawful for development purposes if a European Protected Species license has been granted by Natural Resources Wales.
• Dormice are given full protection under Schedule 5 of the Wildlife and Countryside Act 1981, as amended.
• Dormice are also listed under Section 7 of the Environment (Wales) Act 2016, identifying them as species of principle importance for the purpose of maintaining and enhancing biodiversity.

Development works which are likely to involve the loss of nest sites, or which could result in killing of or injury to dormice, need to take place under licence. Licences can be issued from Natural England. More information is available here: https://www.gov.uk/guidance/wildlife-licences

• The otter is protected in England under Schedule 2 of the Conservation of Habitats and Species Regulations 2017, which donates European Protected Species.
• Otters are also fully protected under Schedules 5 of the Wildlife and Countryside Act.
• The legal protection afforded to otters makes it an offence to either intentionally or recklessly: capture, kill, disturb or injure otters; damage or destroy a breeding or resting place; obstruct access to their resting or sheltering places; possess, sell, control or transport live or dead otters, or parts of otters.

• The otter is protected in Wales under Schedule 2 of the Conservation of Habitats and Species Regulations 2017, which donates European Protected Species.
• Otters are also fully protected under Schedules 5 of the Wildlife and Countryside Act.
• The legal protection afforded to otters makes it an offence to either intentionally or recklessly: capture, kill, disturb or injure otters; damage or destroy a breeding or resting place; obstruct access to their resting or sheltering places; possess, sell, control or transport live or dead otters, or parts of otters.

• In Scotland Otters are protected under Schedule 2 of the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended), donating European Protected Species of wild animals. This makes it an offence to: deliberately to capture or kill otters or to deliberately disturb the animals themselves or to damage or destroy a breeding site or resting place.

• Otters are protected in Northern Ireland under the Schedule 2 of the Conservation (Natural Habitats etc) regulations (Northern Ireland) 1995 (as amended), donating European Protected Species of wild animals. They are also listed under Schedule 6 of the Wildlife (Northern Ireland) Order 1985 (as amended).
• The legal protection afforded to otters makes it an offence to: deliberately to capture or kill otters or to deliberately disturb the animals themselves or to damage or destroy a breeding site or resting place.

• Due in large part to historical persecution badgers receive special protection under the Protection of Badgers Act 1992. Under this legislation it is an offence to wilfully kill, injure or take or possess a badger, or to attempt to kill, injure or take a badger. Acts of cruelty towards badgers are also an offence under the Act.
• It is an offence under the Act to interfere with a badger sett, which includes any structure or place which shows signs of current use by badgers. A person is guilty of an offence if they intentionally or recklessly: damage a badger sett or any part of it; destroy a badger sett; obstruct access to, or any entrance of, a badger sett; disturb a badger when it is occupying a sett.
• Infringement of any of the above can lead to fines of up to £5000 and up to six months imprisonment per sett interfered with or animal killed/injured/taken.
• In addition, badgers are also partially protected under Schedule 6 of the Wildlife and Countryside Act (Section 11) relating to animals which may not be killed or taken using certain methods.

• Due in large part to historical persecution badgers receive special protection under the Protection of Badgers Act 1992. Under this legislation it is an offence to wilfully kill, injure or take or possess a badger, or to attempt to kill, injure or take a badger. Acts of cruelty towards badgers are also an offence under the Act.
• It is an offence under the Act to interfere with a badger sett, which includes any structure or place which shows signs of current use by badgers. A person is guilty of an offence if they intentionally or recklessly: damage a badger sett or any part of it; destroy a badger sett; obstruct access to, or any entrance of, a badger sett; disturb a badger when it is occupying a sett.
• Infringement of any of the above can lead to fines of up to £5000 and up to six months imprisonment per sett interfered with or animal killed/injured/taken.
• In addition, badgers are also partially protected under Schedule 6 of the Wildlife and Countryside Act (Section 11) relating to animals which may not be killed or taken using certain methods.

• Due in large part to historical persecution badgers receive special protection under the Protection of Badgers Act 1992. Under this legislation it is an offence to wilfully kill, injure or take or possess a badger, or to attempt to kill, injure or take a badger. Acts of cruelty towards badgers are also an offence under the Act.
• It is an offence under the Act to interfere with a badger sett, which includes any structure or place which shows signs of current use by badgers. A person is guilty of an offence if they intentionally or recklessly: damage a badger sett or any part of it; destroy a badger sett; obstruct access to, or any entrance of, a badger sett; disturb a badger when it is occupying a sett.
• Infringement of any of the above can lead to fines of up to £5000 and up to six months imprisonment per sett interfered with or animal killed/injured/taken.
• In addition, badgers are also partially protected under Schedule 6 of the Wildlife and Countryside Act (Section 11) relating to animals which may not be killed or taken using certain methods.

• Badgers and their habitat are protected in Northern Ireland under the Wildlife (Northern Ireland) Order (1985), as amended under the Wildlife and Natural Environment Act (Northern Ireland) 2011. This makes it an offence to disturb badgers in their setts or to damage or destroy setts or features that serve to conceal or protect setts.
• In addition badgers are also protected under the Welfare of Animals Act (Northern Ireland) 2011 which prohibits acts of cruelty towards badgers.
• Infringement of any of the above can lead to fines of up to £5000 and up to six months imprisonment per sett interfered with or animal killed/injured/taken.

• The pine marten is protected in England under Schedules 5 and 6 of the Wildlife and Countryside Act 1981 (as amended).
• Although fully protected under UK legislation the pine marten is not listed as a ‘European Protected Species’; rather it is listed on Schedule 4 of the Conservation of Species and Habitats Regulations 2017 relating to animals that may not be captured or killed in certain ways.
• The pine marten is also a conservation priority species and a ‘species of principal importance for the purpose of conserving biodiversity’ under Section 41 of the Natural Environment and Rural Communities Act (2006).

• The pine marten is protected in Wales under Schedules 5 and 6 of the Wildlife and Countryside Act 1981 (as amended).
• Although fully protected under UK legislation the pine marten is not listed as a ‘European Protected Species’; rather it is listed on Schedule 4 of the Conservation of Species and Habitats Regulations 2017 relating to animals that may not be captured or killed in certain ways.
• The pine marten is also a conservation priority species and a ‘species of principal importance for the purpose of maintaining and enhancing biodiversity’ under Section 7 of the Environment (Wales) Act 2016.

• In Scotland pine marten are protected under Schedules 5 and 6 of the Wildlife and Countryside Act 1981 (as amended) and Schedule 3 of the Conservation (Natural Habitats) Regulations 2010.
• Although fully protected under UK legislation it is not a ‘European Protected Species’, but rather is listed on Schedule 3 of the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended) in Scotland, relating to animals that may not be captured or killed in certain ways.
• The pine marten is also a conservation priority species, listed as a species of ‘principal importance for biodiversity’ under Section 2 of the Nature Conservation (Scotland) Act 2004.

• In Northern Ireland pine martens are protected under Schedule 3 of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended) and the Wildlife (Northern Ireland) Order 1985 (as amended).
• It is also a conservation Priority Species under the Northern Ireland Priority Species List (2010).

• A large number of endangered plants are protected against intentional picking, uprooting and destruction under Schedule 8 of the Wildlife and Countryside Act 1981 (as amended).
• Nine of these Schedule 8 plant species which occur in the UK (Creeping Marshwort, Lady’s-slipper, Early Gentian, Marsh Saxifrage, Fen Orchid, Shore Dock, Floating Water-plantain, Slender Naiad and Killarney Fern) are also European Protected Species, strictly protected under Schedule 4 of the Habitats Regulations 2017 and are also listed on Annex II of the Habitats Directive.
• In addition, there are a number of plant species listed under Section 41 of the Natural Environment and Rural Communities Act (2006) identifying them as species of principal importance for the purpose of conserving biodiversity.

• A large number of endangered plants are protected against intentional picking, uprooting and destruction under Schedule 8 of the Wildlife and Countryside Act 1981 (as amended).
• Three of these Schedule 8 plant species which occur in Scotland (Marsh Saxifrage, Slender Naiad and Killarney Fern) are also European Protected Species, strictly protected under Schedule 4 of the Habitats Regulations 2017 and are also listed on Annex II of the Habitats Directive.
• In addition, there are a number of plant species listed under Section 2(4) of the Nature Conservation (Scotland) Act 2004 identifying them as species of principal importance for the purpose of conserving biodiversity.

• A large number of endangered plants are protected against intentional picking, uprooting and destruction under Schedule 8 of the Wildlife and Countryside Act 1981 (as amended).
• Four of these Schedule 8 plant species which occur in Wales (Fen Orchid, Shore Dock, Floating Water-plantain and Killarney Fern) are also European Protected Species, strictly protected under Schedule 4 of the Habitats Regulations 2017 and are also listed on Annex II of the Habitats Directive.
• In addition, there are a number of plant species listed under listed under Section 7 of the Environment (Wales) Act 2016, identifying them as species of principal importance for the purpose of maintaining and enhancing biodiversity.

• A large number of endangered plants are protected against intentional picking, uprooting and destruction under Schedule 8 of the Wildlife (Northern Ireland) Order 1985.
• Nine of these Schedule 8 plant species which occur in the UK (Creeping Marshwort, Lady’s-slipper, Early Gentian, Marsh Saxifrage, Fen Orchid, Shore Dock, Floating Water-plantain, Slender Naiad and Killarney Fern) are also European Protected Species, strictly protected under Schedule 4 of the Habitats Regulations 2010 and are also listed on Annex II of the Habitats Directive.
• In addition, there are a number of plant species listed under Section 3(1) of the Wildlife and Natural Environment Act (Northern Ireland) 2011identifying them as species of principal importance for the purpose of conserving biodiversity.

You will need a mitigation licence if your work will have impacts (either on purpose or by not taking enough care) on European Protected plant species that would otherwise be illegal.

It is an offence if you deliberately pick, collect, cut, uproot or destroy a wild plant of a European protected species. There are other offences relating to possession, transport and sale.

European Protected plant species occurring in Northern Ireland include: Killarney fern and marsh saxifrage.

A European Protected Species mitigation licence may be required to undertake work affecting natterjack toads or their habitats. The licence is issued by Natural Resources Wales. More information is available here: https://naturalresources.wales/permits-and-permissions/protected-species-licensing/european-protected-species-licensing/natterjack-toad-licensing/?lang=en

A European Protected Species mitigation licence may be required to undertake work affecting natterjack toads or their habitats. The licence is issued by Scottish Natural Heritage. More information is available here: http://www.snh.gov.uk/protecting-scotlands-nature/species-licensing/amphibian-reptile-licensing/development/

A European Protected Species mitigation licence may be required to undertake work affecting sand lizards or smooth snakes, or their habitats. The licence is issued by Natural England. More information is available at: https://www.gov.uk/government/publications/european-protected-species-apply-for-a-mitigation-licence

A European Protected Species mitigation licence may be required to undertake work affecting sand lizards or their habitats. The licence is issued by Natural Resources Wales. More information is available here: http://naturalresources.wales/permits-and-permissions/protected-species-licensing/european-protected-species-licensing/sand-lizard-licensing/?lang=en

A mitigation licence may be required to undertake work affecting common lizards or their habitats. The licence is issued by the Department of Agriculture, Environment and Rural Affairs. More information is available here: https://www.daera-ni.gov.uk/articles/wildlife-licensing

District Level Licensing is a strategic approach to addressing the impacts of development across a whole local authority area. In summary, the approach entails an assessment of great crested newt status at a landscape scale, with creation of habitat in advance to compensate for development. The approach has potential for benefits to newt conservation and developers, by generating large areas of good habitat, and reducing costs and uncertainties compared to the conventional approach. If your development falls into one of the operational areas, you can decide whether to use the conventional site-by-site licensing regime, or the new District Level Licensing regime. For more general information, see: https://www.gov.uk/government/news/national-roll-out-of-new-approach-to-great-crested-newt-licensing.

• The great crested newt is listed on Annex IV of the Council Directive 92/43/EEC 1992 (EC Habitats Directive) as animal species of Community interest in need of strict protection.
• The Habitats Directive was transposed into national law by means of the Conservation of Habitats and Species Regulations (2017), and together with the protection afforded by the Wildlife and Countryside Act (1981) as amended, means the great crested newt is strictly protected by law. It is illegal to capture, possess, disturb, injure or kill them, or to damage or destroy their breeding sites and resting places. Some of these activities can be made lawful for development purposes if a European Protected Species licence has been granted by Natural Resources Wales generally after planning permission is obtained.
• The great crested newt is also listed under Section 7 of the Environment (Wales) Act, 2016, identifying them as species of ‘principal importance for the purpose of maintaining and enhancing biodiversity in relation to Wales’.
• A police constable has the power to enter land, with or without a warrant, stop and search a person and seize items if they suspect an offence is or has been committed. Those found guilty of offences relating to great crested newts can be sentenced to imprisonment and/or fined.

• The great crested newt is listed on Annex IV of the Council Directive 92/43/EEC 1992 (EC Habitats Directive) as animal species of Community interest in need of strict protection.
• The Habitats Directive was transposed into national law by means of the Conservation of Habitats and Species Regulations (2017), and together with the protection afforded by the Wildlife and Countryside Act (1981) as amended, means the great crested newt is strictly protected by law. It is illegal to capture, possess, disturb, injure or kill them, or to damage or destroy their breeding sites and resting places. Some of these activities can be made lawful for development purposes if a European Protected Species licence has been granted by Natural England generally after planning permission is obtained.
• The great crested newt is also listed under Section 41 of the Natural Environment and Rural Communities Act (2006) identifying them as species of principal importance for the purpose of conserving biodiversity.
• A police constable has the power to enter land, with or without a warrant, stop and search a person and seize items if they suspect an offence is or has been committed. Those found guilty of offences relating to great crested newts can be sentenced to imprisonment and/or fined.

The survey requirements for specific invertebrate species of high interest can be quite specific, with only short windows of time when the relevant life-stage occurs. For example, surveys for butterfly and moth species may be best undertaken during the caterpillar life-stage when the insects are closely associated with their food-plants. It is not appropriate to list survey timings for each species individually here, but the ecological consultant will be able to advise. Weather conditions can be important; most often warm, dry days are favoured.

Surveys to assess general invertebrate interest must include several visits over the course of the year in order to ensure that species that are active at different times of the year are identified. Best practice recommends a minimum of five visits distributed evenly over the period between April and October, during warm and dry weather, and with different sampling techniques being employed. However, larger sites may require further visits to ensure all habitats on site are surveyed throughout the year.

Surveys that target specific species may need to be repeated if the species is not found in the first survey attempt due to natural year on year variations, such as due to unseasonable weather conditions.

Surveys

• Buglife website https://www.buglife.org.uk/good-practice-planning-invertebrates
• Drake, C.M., Lott, D.A., Alexander, K.N.A and Webb, J. (2007) Surveying Terrestrial and Freshwater Invertebrates for Conservation and Evaluation. Natural England Research Report NERR005.
• English Nature (2005) Organising surveys to determine site quality for invertebrates: a framework guide for ecologists. English Nature.

Follow-on surveys will focus on the key habitats and features present on site and will target species groups associated with them. The survey techniques used will vary based on the habitats of interest and the species groups targeted, but they may involve sampling using sweep nets or traps, active searching for species, light traps and standard timed counts or transects for day flying butterflies and moths. The survey results will give an indication of site invertebrate biodiversity, listing species recorded on site and flagging the notable species.

For freshwater species occurring in waterways, downstream and upstream impacts beyond the site boundary should be considered.  If there is a watercourse on or adjacent to the site that will be impacted by the proposals, and there are records of a legally-protected aquatic species (for example Freshwater pearl mussel Margaritifera margaritifera or White-clawed crayfish Austropotamobius pallipes) within the catchment, then appropriate surveys should be considered.

If habitats are present on site that could support protected species, these species may be surveyed for individually. Such species-specific surveys often have very strict requirements in terms of timing, methodology and expertise. This work must be undertaken by an appropriately licensed invertebrate surveyor.

Since the diversity of UK invertebrate species is so large, the ecological consultant may decide to contract an invertebrate specialist or entomologist to survey the site. During the scoping visit the ecological consultant or contracted invertebrate specialist will assess the value of the site for invertebrates. This will often involve identifying key habitats and localised features of known high value to invertebrates in the region. For species such as butterflies and moths, a scoping visit will generally include the identification of food and host plants used by protected and priority species. Brief searches for certain invertebrate species may also be undertaken, but failure to find a given species would not be definitive since it is difficult to rule out a species on a single visit or at certain times of the year and may also require a specific methodology or specialist skills.

If impacts on water voles are predicted either before, during or after planned works then measures must be taken to avoid, mitigate (lessen) or compensate for those impacts. Common methods are given below and an ecological consultant can advise on the most appropriate measures.

Avoidance/mitigation measures

• Avoid works to areas where there are water voles.
• Avoid habitat fragmentation and isolation by ensuring connectivity of habitat.
• Retain watercourses/wetland habitats in their current locations as part of a development.
• Limit damage to water vole habitat.
• Protect a buffer zone around a watercourse/wetland habitat to ensure burrows are not affected.

Where impacts cannot be avoided it will be necessary for an ecological consultant to apply to obtain a Protected Species Licence from the relevant licensing body in order to go ahead.

Compensation measures

• Provide additional or better habitat for water voles, to make up for any loss through development.
• Improve water quality.
• Enhance bank and vegetation structure.
• Manage new habitat to ensure it remains suitable in the long term.

A mink control programme is also strongly advised as part of any mitigation, compensation and licenced action.

As the habitat suitability of a site can change markedly over the course of the breeding season, two survey visits should be undertaken in most cases, one in the first half of the season (mid April to June) and one in the second (July to September). Survey visits should be conducted at least two months apart.

The optimum period for conducting water vole surveys is during the water vole’s breeding season, when field signs are more evident. The table below outlines when surveys should ideally be carried out for different areas. Surveys should be timed to avoid periods of high rainfall and/or high water levels.

Mitigation should always seek to avoid direct mortality to the animals and disturbance of hibernating or breeding animals. Works taking place during October to March should be carefully undertaken to avoid injuring hibernating animals by undertaking works in suitable habitat slowly, being particular careful when using machinery within a foot of ground level or when removing brash/log piles.

Additionally, mitigation should seek to reduce any potential fragmentation of habitats though the introduced of physical barriers to dispersal such as hardstanding, fences and artificial lighting. Modern fencing systems that extend to ground level, particularly those with concrete gravel boards, are impermeable to hedgehogs. Where feasible, fencing should be created without the use of concrete gravel boards. A 13 x 13cm gap in gravel boards or at the bottom of the fence allows hedgehogs to pass through. Hedges or hedgerows are preferable to fences to define property boundaries.

Piles of dead wood and brash piles can be provided to mitigate for the removal of suitable nesting sites. Scrub patches (particularly brambles) that provide suitable hibernation nesting habitat are thought to be a limiting resource for hedgehogs and small patches of this habitat may be used by many animals. Therefore, where an area of scrub is lost, efforts should be made to replant areas with scrubby native hedgerow species such as bramble and hawthorn.

Management and maintenance practices should take into account the presence/potential presence of hedgehogs and leave leaf litter in place or in piles as well as leaving log or brash piles. Where possible, in any development the total area of hard standing should be minimised in favour of grassland or permeable ‘living driveways’.

Two survey periods during separate months within the active season are recommended to confirm the presence or absence of hedgehogs on site.

The best time of year to carry out hedgehog surveys is outlined in the table below.

Vegetation and plant surveys are seasonal and most (but not all) cannot be undertaken in the winter. The optimal timing for surveys of most vascular plants is between mid-April and mid-September – though it should be noted that species specific surveys may need to be targeted within more constrained time periods which will vary depending on the species involved. Survey timings should be factored into project programmes early to prevent delays due to seasonal constraints

A full Phase 2 National Vegetation Classification (NVC) survey takes a considerable amount of time to complete – often several days of fieldwork depending on the size of the site – and they should only be undertaken by competent plant ecologists or botanists with previous experience.

If impacts on protected plants or key habitats are predicted before, during or after the planned works then measures must be taken to avoid, mitigate (lessen) or compensate for those impacts. An ecological consultant can advise on appropriate measures.

The following general advice is provided by Natural England on www.gov.uk website at https://www.gov.uk/guidance/protected-plants-protection-surveys-and-licences

Mitigation plans must address the potential impacts identified on plants by aiming to avoid negative effects e.g. by redesigning the scheme. If this isn’t possible, mitigation measures may be used to reduce the impacts. Use compensation measures if there are still negative impacts for plants.

Mitigation and compensation methods can include:

• making sure the development covers a small area
• keeping site traffic to a minimum
• improving habitats
• creating new areas of habitat

Visual inspections, hair tube surveys and pine cone feeding transect surveys may need to be repeated periodically but there is no clear guidance as to the minimum number of repeats or regularity of surveys. This should be determined by your ecologist according to the particular habitat types and extent, likely degree of impacts arising from development and the population level of squirrels.

Extensions or extensive renovation works present the opportunity to build integral nest bricks for swifts (house sparrows also use them) into the fabric of the new construction. Locate directly under the eaves or in the loft space of gable ends and not above doors or windows. Aspect is not as critical for integral bricks as for external wooden boxes. A number of products are on the market and a variety of techniques are available to retrofit integral bricks for all scenarios.

When reinstating vegetation and hardstand following building, install permeable surfaces, water butts and rain gardens. Plant a diverse mix of trees, shrubs and herbaceous plants that are of high wildlife value to pollinating insects. Many non-native formal shrubs are great for wildlife, but avoid invasive varieties for example buddleia, cotoneaster and periwinkle among others. If possible install a pond – these are one of the most beneficial wildlife features to have in a garden

Extensions or extensive renovation works present the opportunity to build integral nest bricks for swifts (house sparrows also use them) into the fabric of the new construction. Locate directly under the eaves or in the loft space of gable ends and not above doors or windows. Aspect is not as critical for integral bricks as for external wooden boxes. A number of products are on the market and a variety of techniques are available to retrofit integral bricks for all scenarios.

When reinstating vegetation and hardstand following building, install permeable surfaces, water butts and rain gardens. Plant a diverse mix of trees, shrubs and herbaceous plants that are of high wildlife value to pollinating insects. Many non-native formal shrubs are great for wildlife, but avoid invasive varieties for example buddleia, cotoneaster and periwinkle among others. If possible install a pond – these are one of the most beneficial wildlife features to have in a garden.

As part of an initial site walkover survey a surveyor would normally inspect particular features (i.e. at bridges, near weirs) associated with riparian habitats for otter field signs including spraints (faeces), tracks, castling, and rolling. The riverbanks will also be searched for the presence or potential for holts or other sheltering areas.

The recommended survey time for detecting otters is outlined in the table below. In theory surveys can be carried out at any time of year; however October to March may be the optimal period to detect field signs. Surveys should always avoid periods following heavy rains or spates.

• Balestrieri, A., Remonti, L. and Prigioni, C. (2010) Detectability of the Eurasian otter by standard surveys: an approach using marking intensity to estimate false negative rates. Naturwissenschaften The Science of Nature 98(1).
• Kruuk, Hans (2006) Otters: Ecology, Behaviour and Conservation. Oxford University Press.
• Chanin, P. (2003) Monitoring the Otter Lutra lutra. Conserving Natura 2000 Rivers Monitoring Series No. 10 English Nature, Peterborough.
• Chanin, P (2005) Otter surveillance in SACs: testing the protocol. English Nature Research reports Number 664.
• Liles, G. (2003) Otter Breeding Sites. Conservation and Management. Conserving Natura 2000 Rivers Conservation techniques No. 5 English Nature, Peterborough.

During the walkover survey, signs of badgers such as the presence of setts, dung-pits and latrines, badger paths, ‘snuffle holes’, footprints and any other signs throughout the site will be recorded and mapped.

Where badgers can reasonably be concluded to be absent from the site, or where there will be little or no adverse impacts on badgers resulting from the planned works, the results of the initial site walkover survey may be sufficient to inform planning. Where badgers are present and the required work has the potential to adversely impact badgers or their setts, a sett survey may be undertaken to map the locations of all setts present on the site. The number and direction of entrances to each sett and how the paths leading from them connect to the surrounding habitat and food resources would also be recorded; it may be prudent to extend the survey some distance from the site boundary in order to ascertain whether badger paths on site lead to important foraging habitat or to a main sett off site.

In situations where it is unclear whether badgers are responsible for holes/tunnels found on the site, or where it is not obvious that a given sett is currently active or disused, it may be necessary to employ camera traps, set up at tunnel entrances, in order to ascertain this.

A sett survey may be readily combined with an initial walkover survey of the site if it is already known, or considered likely, that badgers are present and likely to be affected by a given development.

In some situations it may be necessary to determine the territorial boundaries of badger social groups and how the animals are using the site together with the wider landscape. In such cases the ‘bait marking’ survey technique may be utilised to accurately map the relevant badger territories in order to adequately inform the mitigation strategy for the site.

Bait marking surveys involve putting out food deposits for badgers that have markers (small, coloured, non-toxic plastic beads) mixed in with them. These baits are placed outside of one or a number of main setts over the course of several days, with different coloured markers used at each. Since each social group has only a single Main Sett associated with it, the coloured beads correspond to a particular social group when recovered in badger faeces. Subsequent surveys of badger latrines within a given area allow the territory of each social group to be accurately mapped.

Such surveys may be required in cases where it is unclear as to whether suitable alternative setts belong to a particular badger social group and therefore available for the animals to move into following destruction of an active sett. It may also be necessary to map territories in this way in order to gain an understanding of how new transport corridors may affect individual social groups.

The table below outlines when different badger surveys should ideally be carried out.

Since badgers are able to dig new holes and create new setts in very short spaces of time, repeat walkover surveys may be necessary in order to establish the presence of newly created setts within the development area prior to development works taking place or to check that a sett previously recorded as disused has not been reinstated.

Bait marking surveys take at least 3 weeks and may take over a month to complete satisfactorily; this will depend on a variety of factors including the number of different badger socials groups present in the local area and the levels of activity within the survey area.

It may also be necessary to carry out extended monitoring of setts using remote camera traps in some cases, in order to establish the levels of activity at a sett and whether or not a given sett is being used for breeding purposes.

The ecological consultant will be able to provide advice on the likely length of timetable of surveys required.

In the first instance the ecological consultant will advise on measures that may be taken to avoid impacts on badgers by modifying elements of the development in order to avoid areas that are important to badgers or where works would directly impact badger setts. If a sett is judged by the ecologist to be an outlier or a smaller subsidiary sett that has not been in frequent use then careful closure and destruction of the sett under licence is likely to be the preferred course of action.

In the case of setts judged to be active Main or Annex setts then a developer will normally be required to avoid impacts on the sett, or to adapt the existing design in such a way that the area around the sett is not unduly affected by the works. If it is not possible to avoid direct impacts on important badger setts, such as in the case of major road developments or the necessary demolition of a building where badgers are living, then destruction of the sett will be licensable as a last resort.

In order to legally close a badger sett a licence must first be obtained from the relevant licensing body. Before a sett can be destroyed under licence any badgers occupying it must first be excluded for a minimum period of 21 days. In most cases this will involve the installation of one-way gates in all entrances to the sett and the use of heavy duty weld mesh or chain-link fencing to stop badgers digging their way back into the tunnel complex. The sett must be monitored during the 21 day period to ensure that the sett has been vacated and that badgers have not been able to reoccupy it. Once vacated, careful destruction of the sett can proceed. It should also be noted that any licensable exclusion work is seasonally constrained and can only be carried out between July and November inclusive.

The ecological consultant will be able to advise what specific mitigation measures are necessary in order to ensure that any adverse effects of the development on badgers are minimised as far as possible. It may for example be necessary to preserve or re-establish commuting routes so that the animals are able to continue to access foraging habitat from the sett. Alternatively, in the case of new roads, railways or other structures with the potential to provide a barrier to movement and/or fragment populations, wildlife underpasses or bridges may be required so that the animals can continue to access essential parts of their territory safely. Where no alternative setts are present within the territory of the animals to be affected by a sett closure, the construction of an artificial sett may be required.

Translocation of badgers as a mitigation option has been carried in the past; however the lack of suitable receptor sites not already occupied by badgers and the risks associated with the spread of disease and genetic clines within existing populations mean that this is an approach that is highly unlikely to be authorised by the relevant licensing body.

Badgers are not a species of particular conservation concern and as such they are rarely the target of ecological enhancement work. Nevertheless there may be occasion where enhancement of habitats for badgers needs to be considered.

Consideration may be given to creation of new or improved areas of short grassland for foraging and/or the planting of native trees and scrubs which provide additional cover and foraging opportunities. The creation of suitable wildlife corridors is also an important consideration to allow badgers to commute from their setts to foraging grounds.

Where opportunities for badgers to dig setts are highly limited, habitat may be enhanced for badger through the provision of an artificial sett, which will be a required mitigation measure should development works necessitate the destruction of a main sett.

• Harris, S., Cresswell, P. and Jefferies, D. (1989) Surveying Badgers. Occasional Publication No. 9. The Mammal Society, London.
• Natural England (2011). Badgers and Development: A Guide to Best Practice and Licencing.
• Protection of Badgers Act 1992 HMSO.
• Roper, T, J (2010). Badger. Collins.

The table below outlines the best time of year to carry out surveys for harvest mice.

Camera trapping is likely to be the most effective and practical method for confirming the presence/likely absence of pine marten within buildings, which would involve deployment of motion sensitive cameras at strategic positions. If such surveys have the potential to cause disturbance to the animals then they may need to take place under a licence from the relevant licensing body. The exception to this is in dwelling houses in Scotland where it is legal to cause disturbance to pine marten without a licence.

Habitat enhancements that benefit pine marten will be those that reinstate or provide further extensive, diverse woodland and scrub planting, or that otherwise improve the habitat for small mammal and bird prey species. The provision of pine marten den boxes will enhance a habitat’s capacity to support the species, especially where minimal natural denning sites currently exist.

The table below outlines when breeding and wintering surveys should ideally be undertaken.

If the area is of value to birds on spring and/or autumn migration, it will be necessary to extend the wintering bird survey to cover the relevant migration periods.

Bird surveys need repeating throughout the relevant season. The table below outlines the number of repeat surveys that may be appropriate depending on the quality of the habitat. The ecological consultant will advise on the suitability of the habitat.

Surveys should be avoided in inappropriate weather i.e. heavy rain, poor visibility, or strong winds when bird activity is dampened.

If the area is of value to birds on spring and/or autumn migration, it will be necessary to extend the wintering bird survey to cover the relevant migration periods.

The table below outlines when specific target species surveys should ideally be undertaken in and around buildings and structures. It lists some atypical species one might expect to encounter depending on the locations being urban, sub-urban or rural and type of development. This is by no means an exhaustive list.

It is generally sufficient to undertake fortnightly visits per season, usually from March to August depending on species. Survey only in appropriate weather conditions. Once breeding has been confirmed and details of nest recorded (eg: location of nest holes), further surveys may not be necessary. However, they would confirm breeding success or otherwise of the species in question.

The table below outlines when specific target species surveys should ideally be undertaken in and around mature or veteran trees. It lists some atypical species one might expect to encounter depending on the locations being urban, sub-urban or rural and type of development. This is by no means an exhaustive list.

It is generally sufficient to undertake fortnightly visits per season, usually from March to August depending on species. Survey only in appropriate weather conditions. Once breeding has been confirmed and details of nest recorded (eg: location of nest holes), further surveys may not be necessary. However, they would confirm breeding success or otherwise of the species in question.

General

• RSPB information leaflet ‘Birds in your building – what to look for’

Survey and monitoring

• Barn Owl Trust (2010) Survey techniques. Leaflet no. 8. The Barn Owl Trust, Ashburton, Devon.
• Bibby, C.J., Burgess, N.D., Hill, D.A. and Mustoe, S.H. (2000) Bird Census Techniques, 2nd Edition. Academic Press, London.
• Gibbons, D.W. and Gregory, R.D. (2006) Birds in: Sutherland, W.J. (ed) Ecological census techniques, 2nd Edition, 308-350. Cambridge University Press, Cambridge.
• Gilbert, G., Gibbons, D.W. and Evans, J. (1998) Bird Monitoring Methods: A manual of techniques for key UK species. RSPB, Bedfordshire.
• Gregory, R.D., Gibbons, D.W. and Donald, P.F. (2004) Bird census and survey techniques in Sutherland, W.J., Newton, I. and Green, R.E. (eds) Bird Ecology and Conservation: A Handbook of Techniques, 17-56. Oxford University Press, Oxford.
• McCracken, D.I. (1992) Survey Methods for Recording and Mapping Environmental Data and Bird Observations. JNCC, Peterborough.
• Mustoe, S., Hill, D., Frost, D. and Tucker, G. (2005) Birds in: Hill, D., Fasham, M., Tucker, P., Shewry, M. and Shaw, P. (eds) Handbook of Biodiversity Methods: Survey, Evaluation and Monitoring, 412-432. Cambridge University Press, Cambridge.
• Natural England, on gov.uk website at https://www.gov.uk/guidance/wild-birds-surveys-and-mitigation-for-development-projects#survey-methods
• Natural England, on gov.uk website https://www.gov.uk/guidance/wild-birds-surveys-and-monitoring-for-onshore-wind-farms
• Scottish Natural Heritage (2014) Guidance: Recommended bird survey methods to inform impact assessment of onshore wind farms.
• Scottish Natural Heritage (2014) Guidance: Repowering onshore wind farms: bird survey requirements.
• Shawyer, C. R. (2012) Barn Owl Tyto alba Survey Methodology and Techniques for use in Ecological Assessment: Developing Best Practice in Survey and Reporting, revised edition. IEEM, Winchester.
• Wetlands International (2010) Guidance on waterbird monitoring methodology: field protocol for waterbird counting. Wetlands International, Wageningen.

Important Plant Areas (IPAs) represent the best botanical areas in the UK. They are areas of landscape that have been identified by a partnership of organisations as being of international botanical importance. The IPA programme has been endorsed by statutory conservation bodies including Natural England, Scottish Natural Heritage and Natural Resources Wales.

IPAs are selected with the intention of focusing on the conservation of the important wild plant populations in these areas. There are currently 165 IPAs across the UK.

The identification of IPAs is based on three criteria:

• Criterion A: Presence of internationally threatened plant species: the site holds significant populations of one or more species that are of global or regional conservation concern
• Criterion B: Presence of botanical richness: the site has an exceptionally rich flora
• Criterion C: Presence of internationally threatened habitats: the site is an outstanding example of a habitat or vegetation type of global or regional plant conservation and botanical importance

Surveys

The Chartered Institute of Ecology and Environmental Management (CIEEM) publishes guidance on botanical surveys for different habitats. This is available online at https://www.cieem.net/habitats-terrestrial

The Preliminary Ecological Appraisal may identify a requirement for more in depth information. This can be obtained through a Phase 2 National Vegetation Classification (NVC) survey. NVC surveys can be used to identify and accurately map different communities of vegetation so that their importance and relative distribution can be better understood. This survey should provide a comprehensive species inventory and analysis to record populations across the full suite of vascular plant, bryophyte (moss) and lichen species within a certain vegetation type.

Other techniques may be required to analyse vegetation including hedgerow surveys, river habitat surveys, aquatic plant surveys, bryophyte (moss), lichen and invasive plant surveys.

In some circumstances there may also be need for species specific surveys – for example where plant species with special protection may be present. In this case surveys will need to establish whether or not the proposals will impact upon the species and whether any impact can be minimised.

An ecological consultant and or appropriate conservation organisation can advise on the most appropriate habitat enhancement measures which should be tailored specifically to the site and location.

There are a number of core principals which should always be taken into consideration. These include:

• Retaining existing vegetation and habitats wherever possible and considering protection of habitats and plants during construction.
• Wherever possible and safe to do so retain dead and decaying wood – including standing trees.
• Creating new habitats
  • Habitats should be representative of the area and may include, but not exclusively, woodland, hedges, scrub, grassland and wetlands. It is often better to create larger areas of a few habitat types rather than several small ones.
  • Use native species representative of the region and soil types to enhance and buffer existing vegetation. Where possible ensure they are of local provenance.
  • Where possible, avoid using fertile top soils which depress species diversity, particularly when attempting to create flower rich grassland.
  • Avoid the use of non-native invasive species.

Surveys of amphibians during the breeding season will need to take place in spring, with the exact timing depending on the species likely to occur, local weather conditions, the particular methods used, and the location of the site. The table below outlines the optimal time for undertaking amphibian surveys.

Typically, between 4 and 6 surveys visits should be undertaken. Surveys on land using pitfall traps typically require many more visits, often daily over two months or more.

Environmental DNA surveys are typically undertaken using a single visit.

Surveys of reptiles will need to take place while the animals are active. The timing can vary depending on the species likely to occur, local weather conditions, the particular methods used, and the location of the site. The table below outlines the optimal time for undertaking reptile surveys.

Remedial measures for reptiles typically entail the capture and removal of reptiles from the development footprint, along with excluding access so that they cannot enter the footprint from surrounding areas. This requires intensive capture effort, which typically entails searching land for basking reptiles, and looking underneath refuges. The vegetation may be reduced in height by careful brush-cutting or strimming, to help find the reptiles and to encourage them to use smaller areas of the site where they become easier to catch. Preventing access involves the installation of fencing around the site perimeter. These measures frequently take at least one month, and for large, complex cases may extend over two or three years.

Enhancement measures involve the creation or improvement of habitat for reptiles. Depending on the development impacts, this may involve creation or enhancement of land habitats such as grassland, or creation of particular features such as hibernation sites. Any habitat created would typically need to be safeguarded and managed via a robust mechanism with clear responsibilities.

Surveys and monitoring

• Gent A and Gibson S (eds) (1998) Herpetofauna Workers Manual. Joint Nature Conservation Committee, Peterborough. (out of print but available to download as a pdf at: http://jncc.defra.gov.uk/page-3325)
• National Amphibian and Reptile Recording Scheme survey guidance: http://www.narrs.org.uk/survey.php
• Natural England, on www.gov.uk website at https://www.gov.uk/guidance/reptiles-protection-surveys-and-licences
• Sewell, D., Griffiths, R.A., Beebee, T.J.C., Foster, J. & Wilkinson, J.W. 2013 Survey Protocols for the British Herpetofauna. Version 1.0. Amphibian and Reptile Conservation Trust, Durrell Institute of Conservation and Ecology & University of Sussex.

Mitigation, compensation and enhancement

• English Nature. 2004. Reptiles: Guidelines for Developers. English Nature, Peterborough.
• Natural England, on www.gov.uk website at https://www.gov.uk/guidance/reptiles-protection-surveys-and-licences

Management

• Edgar, P., Foster, J., Baker, J., 2010 Reptile Habitat Management Handbook. Amphibian and Reptile Conservation, Bournemouth.
• Moulton, N & Corbett, K. 1999 The Sand Lizard Conservation Handbook. English Nature, Peterborough.

Surveys of reptiles will need to take place while the animals are active. The timing can vary depending on the species likely to occur, local weather conditions, the particular methods used, and the location of the site. The table below outlines the optimal time for undertaking reptile surveys.

Local Planning Authorities are bound by legislation and policy to consider biodiversity in decision making as follows.

• Section 40 of the Natural Environment and Rural Communities Act (2006) states that:

‘every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity’.

• Paragraph 109 of the National Planning Policy Framework states that:

‘The planning system should contribute to and enhance the natural and local environment’,

and that it should do this by

‘minimising impacts on biodiversity and providing net gains in biodiversity where possible, contributing to the Government’s commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures’.

• Paragraph 99 of the Office of the Deputy Prime Ministers Circular on Biodiversity and Geological states that:

‘it is essential that the presence or otherwise of protected species, and the extent that they may be affected by the proposed development, is established before the planning permission is granted, otherwise all relevant material considerations may not have been addressed in making the decision’.

• Clause 7.3 of British Standard 42020:2013 Biodiversity – Code of practice for planning and development states that:

‘where an applicant has been advised during pre-application discussions, or have themselves identified that they need to provide information on biodiversity with their planning application, they should ensure that what is submitted is sufficient to enable the decision-maker to validate and register the application’,

and

‘failure to provide all the information required might mean an application is not ‘valid’ and is not considered or determined’.

• Scottish wildcats are classed as European Protected Species. They are listed on Annex IV of the Council Directive 92/43/EEC 1992 (EC Habitats Directive) as animal species of Community interest in need of strict protection.
• In Scotland, The Habitats Directive was transposed into national law by means of the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended), which makes it unlawful to kill, capture, injure, harass, or take a wildcat, to disturb a wildcat or to damage or destroy a place used by wildcats for breeding or resting (even if wildcats are not there at the time). Some of these activities can be made lawful for development purposes if a European Protected Species licence has been granted by Scottish Natural Heritage after planning permission is obtained.
• In addition, wildcats are listed as a species of ‘principal importance for the purpose of conserving biodiversity’ under the Nature Conservation (Scotland) Act 2004.

• Scottish Natural Heritage. The Orkney Vole: A Management Guide.
• Sibbald, S., Carter, P. and Poulton, S. (2006) Proposal for a National Monitoring Scheme for Small Mammals in the United Kingdom and the Republic of Eire. The Mammal Society Research Report No. 6.

• Local Nature Reserves (LNRs) are designated under the National Parks & Access to the Countryside Act 1949.

• National Nature Reserves (NNRs) are designated under the National Parks and Access to the Countryside Act 1949, or under the Wildlife and Countryside Act (1981) (as amended).

• Sites of Special Scientific Interest (SSSIs) are protected through the Wildlife and Countryside Act (1981) (as amended), the Nature Conservation (Scotland) Act 2004 and the Wildlife and Natural Environment (Scotland) Act 2010.
• Protection for SSSIs at the National Policy level is provided by the Scottish Planning Policy.

• Ramsar sites are designated under the Convention on Wetlands of International Importance Especially as Waterfowl Habitat (The Ramsar Convention 1971).

• Special Areas of Conservation (SACs) are strictly protected sites designated under the EC Directive on the Conservation of Natural Habitats and of Wild Fauna and Flora (The Habitats Directive).
• Protection of these sites is implemented through the Conservation (Natural Habitats, &c.) Regulations 1994.

• Special Protection Areas (SPAs) are strictly protected sites classified under the EC Directive on the Conservation of Wild Birds (The Birds Directive).
• Protection of these sites is implemented through the Conservation (Natural Habitats, &c.) Regulations 1994.

Dormice are a species of early successional woodland, hence enhancement measures usually some form of woodland or hedgerow management.

Woodland enhancement measures for dormice could include:

• Ride and woodland edge management
• Small scale coppicing
• Glade creation
• Woodland planting
• Deer management

Hedgerow enhancement measures for dormice could include:

• Hedge planting
• Hedge management such as coppicing or laying
• A reduction in annual hedge trimming
• Maintaining connectivity between hedges e.g. by planting or structure

If dormice are considered to be presence at the site, measures must be taken to avoid, mitigate (lessen) or compensate for any disturbance or destruction of dormouse habitat. Common methods are given below and an ecological consultant can advise on the most appropriate measures:

• Undertake habitat disturbance or destruction at an appropriate time and at an appropriate scale
• Undertake above in presence of licensed dormouse handler
• Prepare a receptor site for any dormice found
• Retain, recreate and/or improve habitat for dormice, considering how such habitat links into the wider landscape

If impacts can be completely avoided it may be possible to go ahead with works using a simple Method Statement from an ecological consultant.

Where impacts cannot be avoided it may be necessary for an ecological consultant to obtain a European Protected Species Licence (Mitigation licence) in order for the works to go ahead.

Compensation measures

• Provide new dormouse boxes
• Provide new woodland or scrub habitats for dormice to occupy. This could be either by planting new mixed woodland or improving the management of existing woodland.
• Provide new habitat appropriate for dormice to allow dispersal through the wider countryside
• Provide arboreal bridges to connect areas suitable habitat

Nest tube surveys are time consuming. Tubes should be checked every month, but as a minimum, at least every other month. The thoroughness of a survey (search effort score) can be derived based on an index of probability of finding dormice in any one month. A minimum overall score of 20 (out of a possible 25) is required in order to have confidence in a negative (likely absent) result.

The table below shows the best time of year to carry out surveys for dormice.

If it is determined that dormice may be present at a site, it is highly likely that a nest tube survey will be required to verify presence or likely absence. This is the only survey method that can be used to infer that if dormice are not detected they are likely to be absent – provided appropriate criteria are met.

It is recommended that at least 50 tubes be used to sample a site, spaced at about 20m intervals and fixed firmly underneath branches in suitable vegetation. Tubes should be set out in March and left out for the entire season until November and should be checked monthly for dormice and their characteristic nests.

A dormouse disturbance licence will be required to carry out these surveys if there is a likelihood that dormice might be present.

Habitat enhancements for red squirrels should always be considered within development, especially as the provision of net improvements to habitat quality are encouraged by Local Planning Authorities under planning policy.

Enhancements can include the provision of specialised nesting boxes, but should focus primarily on the planting and proper maintenance of cone and seed bearing tree species, especially native conifers although beech, elm and hazel are regularly taken. Improved habitat connectivity between stands of suitable habitat and across physical barriers can make good enhancements.

Mitigation should always seek to avoid direct mortality to the animals and disturbance of occupied dreys (nests). Dreys are used for breeding generally between the months of February and September so tree felling should be completely avoided during these months. An ecologist inspection may be required for tree clearance operations outside of these months.

In addition, mitigation should seek to address any potential fragmentation of habitats through the introduction of physical barriers to red squirrel dispersal such as roads, hard standing, water features and artificial lighting. Clearance works should avoid isolating stands of suitable nest building habitat or severing links to red squirrel dispersal habitat corridors. Replanting schemes should aim to replace such corridors, linking remnant habitat. Densely vegetated green bridges across roads are a potential remedy to sever fragmentation. Rope bridges may be utilised as a last resort although their effectiveness is unclear.

Reduction in availability and/or suitability of food sources should be mitigated through landscaping and planting measures as well as good woodland management techniques. Compensation planting to both replace the lost seed production capacity and increase diversity of food sources should be undertaken.

Mitigation should also take into account an increase in the potential for immigration by grey squirrels.

While red squirrels are active all year round, they can reduce activity during periods of cold, wet and windy weather. The recommended survey time for detecting red squirrels is outlined in the table below.

A detailed visual habitat inspection for signs of red squirrels is a relatively rapid way of determining presence of this species. Signs searched for include squirrel dreys (nests), tracks, feeding signs and bark stripping. Where surveys record squirrel signs but cannot conclude the species (as many signs are very similar between grey and red squirrels), further surveys may be appropriate.

Habitat enhancements for wildcats will include those that promote the re-forestry of areas where natural tree cover has been lost and the planting of native tree in preference to non-natives. Research to increase our detailed understanding of wildcat habitat requirements is currently ongoing.