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Invertebrate, Bird, Mammal, Reptile, Amphibian and Botanical Surveys Management Plans • Habitat Appraisal • Marine • NVC • EcIA
ECOSA Ltd, 1 Becks Mews, 108 Stockbridge Road, Winchester, Hampshire, SO22 6RN
Tel: 01962 866113 Email: [email protected] Web: www.ecosa.co.uk
Registered Office: 3-4 Eastwood Court, SO51 8JJ Registered in England No: 6129868
RIDGE END, FINCHAMPSTEAD, BERKSHIRE
PHASE 1 BAT SURVEY
Final Document October 2011
Ridge End, Finchampstead - Phase 1 Bat Survey ECOSA Ltd Final Document 21st October 2011 _____________________________________________________________________________________________
RIDGE END, FINCHAMPSTEAD, BERKSHIRE
PHASE 1 BAT SURVEY
Table of Contents
EXECUTIVE SUMMARY........................................................................................................... 1 1.0 INTRODUCTION .......................................................................................................... 2
1.1 Background................................................................................................................... 2 1.2 Aims and Scope of Report............................................................................................ 2 1.3 Site Setting and Description ......................................................................................... 2 1.4 Site Proposals............................................................................................................... 2
2.0 METHODS.................................................................................................................... 3
2.1 Introduction................................................................................................................... 3 2.2 Phase 1 Bat Survey Methods....................................................................................... 3
2.2.1 Bats ...................................................................................................................... 3 2.3 Initial Protected Species Assessment .......................................................................... 3
2.3.1 Bats – Buildings Assessment .............................................................................. 4 2.3.2 Bats - Tree Assessment ...................................................................................... 4
2.4 Phase 1 Survey Timing and Weather Conditions......................................................... 5 2.5 Phase 1 Survey Equipment .......................................................................................... 5 2.6 Phase 1 Survey Limitations .......................................................................................... 5
3.0 RESULTS..................................................................................................................... 6
3.1 Introduction................................................................................................................... 6 3.2 Phase 1 Bat Survey Results......................................................................................... 6
3.2.1 Bats – Building Assessment ................................................................................ 6 3.2.2 Bats – Tree Assessment...................................................................................... 8 3.2.3 Foraging and Commuting Habitat........................................................................ 9
3.3 Additional Protected Species........................................................................................ 9 4.0 EVALUATION, IMPACTS AND RECOMMENDATIONS .......................................... 10
4.1 Introduction................................................................................................................. 10 4.2 Bats............................................................................................................................. 10
4.2.1 Evaluation .......................................................................................................... 10 4.2.2 Potential Impacts of Proposed Development .................................................... 10 4.2.3 Recommendations ............................................................................................. 10
4.3 Badgers ...................................................................................................................... 12 4.3.1 Evaluation .......................................................................................................... 12 4.3.2 Potential Impacts of Proposed Development .................................................... 12 4.3.3 Recommendations ............................................................................................. 12
MAPS Map 1 Phase 1 and Phase 2 Bat Survey Results APPENDICES Appendix 1 Protected Species Legislation COPYRIGHT © This report is the copyright of ECOSA Ltd. Any unauthorised reproduction or usage by any person is prohibited.
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Ridge End, Finchampstead - Phase 1 Bat Survey ECOSA Ltd Final Document 21st October 2011 _____________________________________________________________________________________________
EXECUTIVE SUMMARY
• A Phase 1 bat survey was undertaken on 30th September 2011 at Ridge End,
Finchampstead, Berkshire.
• The survey involved a Phase 1 investigation to assess the potential for protected bat
species to be present within a residential dwelling to be demolished.
• The survey area comprises a large detached residential dwelling set within extensive
managed grounds. The building dates to the early/mid 20th century and contains a
sizeable roof void.
• The Phase 1 survey recorded the presence of both long-eared bat and pipistrelle bat
droppings within the roof void of the building, indicating the presence of a small roost
of at least two bat species. In addition, a number of features on the exterior of the
building were considered to offer suitable access, egress and roosting opportunities.
• A number of badger faeces were noted during the Phase 1 bat survey, indicating that
although badgers are not considered to be resident within the site, the site is used by
foraging badgers.
• Based on the results of the Phase 1 survey, it is considered that the building supports
small, low-status roosts of a pipistrelle and long-eared bat species. Such roosts are
considered to be of low ecological value.
• Due to the presence of roosting bats, it is recommended that Phase 2 surveys are
undertaken at the appropriate time of year in order to assess the status of roosting
bats at the site.
• It is recommended that a European Protected Species Mitigation (EPSM) licence will
be required prior to any demolition works taking place, although it is considered that
initial construction works can commence without any impact on bat species.
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Ridge End, Finchampstead - Phase 1 Bat Survey ECOSA Ltd Final Document 21st October 2011 _____________________________________________________________________________________________
1.0 INTRODUCTION 1.1 Background
Ecological Survey & Assessment Limited (ECOSA) have been contracted by Adam
Architecture to undertake a Phase 1 bat survey at Ridge End, Finchampstead,
Berkshire RG40 3SY centred on National Grid Reference (NGR) SU 807 637.
This report presents the findings of the Phase 1 bat survey undertaken by ECOSA on
30th September 2011.
1.2 Aims and Scope of Report This report is based on a Phase 1 field survey which is aimed at assessing the
suitability of the site and its immediate surrounds to support protected habitats and
species. The Phase 1 survey allows an initial assessment of the biodiversity value of
the site to be made.
1.3 Site Setting and Description The site is situated approximately 1.5 kilometres (km) north-east of the village of
Finchampstead, Berkshire and is located just to the east of the B3348, at the
confluence of The Ridges and Wellington Avenue.
The site comprises an extensive plot containing a large, detached residential
dwelling, detached garage, tennis court, swimming pool and extensive managed
grounds containing grass lawns, ornamental plantings and mature trees and shrubs.
1.4 Site Proposals The proposals for the site will entail the demolition of the existing residential dwelling
and the construction of a new, larger dwelling to the east.
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2.0 METHODS
2.1 Introduction This section details the methods used during the Phase 1 bat survey undertaken at
Ridge End, Finchampstead, Berkshire.
2.2 Phase 1 Bat Survey Methods The Phase 1 bat survey was carried out on 30th September 2011. The survey
involved a walkover of the site to record evidence of any protected bat species.
Details of the survey methods are given below.
2.2.1 Bats The residential building within the site was investigated externally to identify potential
bat access/egress locations and roosting areas such as gaps or holes in roof tiles,
fascias and soffits and to record direct evidence of bat presence such as droppings
and urine staining. A detailed investigation of all safely-accessible internal areas was
carried out to record evidence of bat roosting activity such as live animals, corpses,
droppings, feeding remains, urine staining and fur staining. The building was
assessed as to its suitability for supporting roosting bats. The survey conformed to
current Bat Conservation Trust guidelines1.
An assessment was made of the suitability of trees on the site to support roosting
bats based on the presence of features such as holes, cracks, splits, loose bark and
covering of ivy. An assessment was made of the suitability of the site and the
surrounding landscape to support foraging and/or commuting bat species. The survey
conformed to current Bat Conservation Trust guidelines.
2.3 Initial Protected Species Assessment Details of the assessment criteria used to determine the ecological value of on-site
attributes is outlined below. During the Phase 1 survey the assessment criteria are
based on the potential for the site to support the species considered; this is usually
based on the on-site habitat features and their suitability for the species considered
(Paragraphs 2.3.1 and 2.3.2). Where a species has been confirmed as present during
the Phase 1 survey then the ecological value of that species at the site is assessed.
However, in many cases Phase 2 surveys will be required to assess the status of
species and hence the importance of a population at the site, therefore the
assessment of value should be considered a provisional assessment.
1 Bat Conservation Trust (2007). Bat Surveys: Good Practice Guidelines. Bat Conservation Trust, London
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2.3.1 Bats – Buildings Assessment
An assessment was made of all surveyed buildings within the site. Each building has
been graded for its potential to support bats based upon the following criteria2:
Bats Present – Evidence of bat presence confirmed during survey. Evidence may
include presence of bats themselves (live or dead), presence of droppings, feeding
remains, urine stains etc. Where possible, a provisional assessment of roost status is
made although this will require further Phase 2 surveys to confirm status.
High Potential - High potential buildings are those that have features highly suitable
for use by roosting bats, including gaps around soffits, hanging tiles, extensive roof
spaces etc. High potential buildings are often, but not always, buildings of more
historic construction. Further Phase 2 surveys will be required to confirm the
presence/absence of bats.
Medium Potential - Medium potential buildings have a moderate number of features
that may be utilised by bats for roosting, these may include loose fascias, roof spaces
etc. Further Phase 2 surveys are likely to be required to confirm the
presence/absence of bats.
Low Potential - Low potential buildings are those that provide limited bat roosting
potential although some features that may be utilised by bats may be present. Further
Phase 2 surveys are likely to be required to confirm the presence/absence of bats.
No/Negligible Potential - Negligible potential buildings are extremely unlikely to
support roosting bats due to the absence of suitable features. Further Phase 2
surveys are unlikely to be required for buildings with negligible potential.
2.3.2 Bats - Tree Assessment
The trees on site were graded for their importance to bats using the following criteria:
• Bats Present – In some instances, bat presence can be confirmed from trees
e.g. where droppings or staining is visible, where roosting bats have been
observed entering/emerging from a tree or where roosting bats can be heard.
Such trees will require further Phase 2 surveys to assess roost status.
2 The criteria are an attempt to qualify the potential for a given building or tree to support roosting bats and are to a degree subjective. Bats may make use of a single feature on an otherwise unsuitable building or tree and therefore an assessment of bat potential cannot solely be based on the quantity of potential roost features present.
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• High Potential - High potential trees have features such as loose bark, splits
and deep/extensive holes suitable for roosting bats. High potential trees are
generally large and/or mature specimens. Further Phase 2 surveys will be
required to assess the presence/absence of bats.
• Medium Potential - Medium potential trees have some interest for roosting
bats such as broken snags, some flaking bark, a covering of ivy or shallow
holes. Further Phase 2 surveys will be required to assess the
presence/absence of bats.
• Low Potential - Low potential trees have some, although generally limited
potential to support roosting bats. Further Phase 2 surveys are likely to be
required to assess the presence/absence of bats.
• Negligible Potential - Negligible potential trees are those that provide few or
no features with bat roosting potential. Generally these trees are immature
specimens. Further Phase 2 surveys are unlikely to be required to assess the
presence/absence of bats.
2.4 Phase 1 Survey Timing and Weather Conditions
The Phase 1 bat survey was carried out by a suitably experienced and licensed
ECOSA surveyor on 20th September 2011. The weather conditions were dry and
warm with 100% cloud cover, an ambient temperature of 16˚ Celsius and a light
south-westerly breeze, approximately Force 2 on the Beaufort Wind Scale.
2.5 Phase 1 Survey Equipment
During the Phase 1 survey the surveyor was equipped with 10x32 binoculars and a
high-powered torch.
2.6 Phase 1 Survey Limitations
Not all potential bat roosting features are accessible to the surveyor, e.g. gaps within
soffit boxes, behind fascias, beneath roof materials or holes or cracks in trees, and
therefore assessments are based upon the potential for these features to provide
suitable roosting opportunities.
It is not always possible to provide definitive assessments of a species’
presence/likely absence at a site and so in the absence of direct evidence
assessments and recommendations are based on the presence of suitable habitat
within/adjacent to a site.
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3.0 RESULTS
3.1 Introduction This section details the results of the Phase 1 bat survey undertaken at Ridge End,
Finchampstead and provides an assessment of the status of bats and of the ecological
value of the site. An outline of protected species legislation relevant to the survey findings
is presented in Appendix 1.
3.2 Phase 1 Bat Survey Results
3.2.1 Bats – Building Assessment
The residential dwelling within the site comprises a large, two-storey detached structure
dating to the early/mid 20th century (Figure 1 and Figure 2). The building is brick-built
with a rendered upper storey, and forms an L-shaped footprint with the largest section
aligned approximately east-west, and a smaller section protruding northwards. Three tall
brick chimney stacks are present.
The extensive roof is of hipped design and clad with small clay roof tiles and half-round
clay tiles along all ridges, including hip ends. The westernmost hip end of the main
section reaches down well-below first floor level. A deep wooden soffit is present along all
elevations.
Figure 1 (left) Residential Dwelling, Eastern Elevation
Figure 2 Residential Dwelling, Western Elevation
Externally, the building is in relatively sound repair, although there are a large number of
potential access, egress and roosting locations within the roof. Due to the roof materials
used, many crevices and gaps are present due to the natural bowing of the clay roof tiles
(Figure 3), thereby providing roosting opportunities and/or access/aggress to the roof
void via tears within the bitumen felt lining below the roof tiles.
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Figure 3 Roof Detail, Showing Gaps Beneath Roof Tiles
Internally, the building contains a large roof void, corresponding to the entire footprint of
the building. The void contains a standard trussed rafter framework (Figure 4) and the
roof is lined below with bitumen felt material. Bare chimney brickwork is present (Figure 5). The floor is insulated with a mix of Rockwool-type material and vermiculite chippings.
Figure 4 (left) Roof Void, Showing Trussed Rafter Framework
Figure 5 Roof Void, Showing Bare Chimney Brickwork
Two clusters of bat droppings were recorded within the roof void. A cluster of
approximately 30 mixed long-eared bat Plecotus3 type and pipistrelle Pipistrellus type4
3 There are two species of long-eared bat, the brown long-eared bat Plecotus auritus and the grey long-eared bat Plecotus austriacus. These species can only be separated by examination of physical characteristics and unless confirmation of identification has been made by visual identification the two species shall be referred to in this report as long-eared bat. The brown long-eared is much the commoner of the two species, typically being found roosting within large roof voids although small voids and trees are also utilised. The grey long-eared bat is rare and confined to southern England and like the brown long-eared typically roosts in roof voids. 4 There are three species of pipistrelle bat, the common pipistrelle Pipistrellus pipistrellus, the soprano pipistrelle Pipistrellus pygmaeus and the Nathusius’ pipistrelle Pipistrellus nathusii. The species can be separated by their echolocations, examination of physical characteristics and by DNA analysis of their droppings. Unless confirmation of identification has been made by visual identification the three species shall be referred to in this report as pipistrelle bat. All three species will roost in similar locations within buildings. The common pipistrelle is widespread and generally the commonest bat species, it is frequently found in urban areas. The soprano pipistrelle has a tendency to form larger roosts
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droppings was noted on the floor at the eastern side of the main chimney stack in the
centre of the east-west section; a number of droppings was also noted adhered to the
brickwork of the chimney itself (Figure 6). A further cluster of c.30 mixed long-eared and
pipistrelle-type droppings was noted on the floor at the westernmost hip end of the main
east-west section (Figure 7). Although the majority of the droppings were dry and
discoloured, suggesting they were not recently deposited, a sample of these droppings
were dark and sticky, indicating that they were of recent origin.
Given the number and location of bat droppings noted within the roof void, it is considered
likely that bats are accessing/egressing the void via tears within the bitumen felt lining,
possibly around the edges of the chimney brickwork.
Figure 6 (left) Bat Droppings Adhered to Chimney Brickwork
Figure 7 Bat Droppings on Floor at Western Hip End
Overall, due to the presence of fresh bat droppings within the roof void, and ample
access, egress and roosting opportunities on the building’s exterior, the building is
assessed as Bats Present. The evidence noted within the roof void indicates that small
numbers of a long-eared and a pipistrelle species are utilising the building; there is no
evidence that a maternity roost is present.
3.2.2 Bats – Tree Assessment The site grounds comprise an extensive, well-tended lawn with associated ornamental
herbaceous plantings and ornamental trees and shrubs (Figure 8). None of the trees
within the site are of particular age and exhibit no features with the potential to support
roosting bats. The site is therefore considered to offer negligible potential for supporting
tree-roosting bats.
numbering 100’s of bats and is associated with wetland habitat. Nathusius’ pipistrelle is a rare and localised bat, its distribution and habitat preferences are not fully known.
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Figure 8 Site Grounds, Showing Managed Lawns and Ornamental Plantings
3.2.3 Foraging and Commuting Habitat
The site is situated in a semi-rural location characterised predominantly by extensive
areas of woodland, with frequent open paddocks, large detached dwellings and
associated gardens. Given the mix of habitats present within the wider landscape, it is
considered the site is likely to offer high potential for supporting foraging and commuting
bats. It is noted however that the site itself is not optimal bat foraging habitat and that in
the context of the wider landscape the site is unexceptional.
3.3 Additional Protected Species During the Phase 1 bat survey, a number of badger Meles meles faeces were noted
within the site grounds (Figure 9), indicating that badgers are present within the
immediate surrounds. The site contains no setts or other signs of badger occupancy, and
it is therefore concluded that animals are moving through the site or using it as a foraging
resource.
Figure 9 Badger Dung within Grass Lawn
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4.0 EVALUATION, IMPACTS AND RECOMMENDATIONS
4.1 Introduction This section presents the conclusions of the Phase 1 bat survey and provides an
assessment of the likely ecological constraints to the proposed development and
recommendations for any further ecological works considered necessary. An outline of
protected species legislation relevant to the findings of this report is provided in
Appendix 1.
4.2 Bats
4.2.1 Evaluation
The site has been shown to support roosting bats. The main residential building supports
both a pipistrelle bat species and a long-eared bat species, with evidence of both, in the
form of fresh droppings, recorded within the roof void. The exterior of the dwelling exhibits
a range of gaps and crevice features considered to offer bat access, egress and roosting
opportunities.
The number of droppings recorded is indicative of small, low-status roosts of pipistrelle
and long-eared bats being present within the building. Such small roosts, of common and
widespread bat species, are considered to be of low ecological value.
4.2.2 Potential Impacts of Proposed Development
Given the proposals for the site, which entail the demolition of the existing residential
dwelling, the proposed development will result in the permanent loss of the recorded bat
roosts. Unmitigated, the proposed demolition works would result in direct harm to roosting
bats within the building.
However, due to the phasing of the proposed works, the existing residential dwelling will
remain in situ for the duration of construction works on the replacement dwelling.
Therefore, the impact on bats from the construction of the new dwelling, situated some
distance from the existing house, will be negligible and can proceed without any risk of
harm or disturbance to bats roosting within the existing dwelling.
4.2.3 Recommendations
Given the phasing of the proposed works, it is considered that the initial construction
works on the replacement dwelling can commence with no impact upon bats, thereby
allowing sufficient time for Phase 2 bat survey works to commence in spring 2012. As
bats have been confirmed as roosting within the site it is recommended that further Phase
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2 bat survey works are undertaken in 2012 in order to assess the species, number and
status of roosting bats at the site. The information gathered during the Phase 2 survey will
be required by the Local Planning Authority before any planning application can be
assessed. Phase 2 bat surveys should be undertaken during the recommended peak
survey season which extends from May to September inclusive.
The Phase 2 survey should entail a minimum of three survey visits (two dusk surveys and
one dawn survey) to assess the status of bats roosting within the building. Each survey
should be undertaken by three surveyors in order to adequately cover all elevations of the
building. Surveyors will observe bats as they emerge from/enter roosting locations within
the building. The information gathered will be used to inform a detailed, site-specific
mitigation strategy which will aim to ensure that bats are maintained at the site at a
favourable conservation status, as required by planning legislation.
Any works likely to result in disturbance to bats or their roosting locations will require that
a European Protected Species Mitigation (EPSM) license is obtained from Natural
England. The EPSM will necessitate that appropriate mitigation and compensation
measures are provided in order that any bat population at the site is maintained at a
favourable conservation status.
Detailed mitigation measures will be dependent upon the results of the Phase 2 bat
survey; although at this stage the following broad recommendations can be made:
• All works with potential to disturb bats carried out under EPSM licence at an
appropriate time of year i.e. spring or autumn;
• Works to potential bat roosting habitat should be undertaken by/in the presence
of a licensed bat worker;
• Bat boxes to be installed on suitable tall trees within/adjacent to site to provide
interim roosting habitat during works;
• Provision of bat roosting habitat within new dwelling, to include dedicated roost
void and modified roof tiles for crevice-dwelling bats.
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4.3 Badgers
4.3.1 Evaluation
Evidence of badger activity was noted within the site, with three dung piles recorded
within the centre of the site, both on managed lawns and within boundary vegetation. No
evidence of badger residency was recorded and it is therefore considered that badgers
are occasionally foraging within or moving through the site. Given the proximity of
extensive areas of woodland, it is highly likely that a sett is present within the immediate
surrounds.
4.3.2 Potential Impacts of Proposed Development
Although the proposed works will not impact directly on a badger sett, there is some
potential for badgers to be present within the site during construction works and a
subsequent risk of badgers being harmed or trapped, particularly within any deep
excavations.
4.3.3 Recommendations
It is recommended that all reasonable precautions are taken to minimise any interaction
between badgers and development works. Any deep excavations should contain an
earthen ramp to allow badgers to exit any such holes should they fall in. It may be
necessary to install temporary fencing to deter badgers from entering any developed area
during construction works.
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Map 1 Phase 1 Bat Survey Results
13
C
1 Becks Mews, 108 Stockbridge Rd, Winchester, Hampshire, SO22 6RN Tel: 01962 866113 email: [email protected]
www.ecosa.co.uk
Client: Adam Architecture
Date: October 2011 Status: Final
ECOSA Ltd 2009
RIDGE END, FINCHAMPSTEAD
Phase 1 Bat Survey
Map 1 - Phase 1 Bat Survey Results
Bat Droppings
c.30 long-eared and pipistrelle droppingsclose to western hip end within roof void
c.30 long-eared and pipistrelle droppingsclose to chimney at centre of roof void
Ridge End, Finchampstead - Phase 1 Bat Survey ECOSA Ltd Final Document 21st October 2011 _____________________________________________________________________________________________
Appendix 1 Protected Species Legislation European Protected Animals5 - In England, bats are fully protected under the Wildlife and
Countryside Act 1981 through inclusion in Schedule 5. In addition, all bat species are
protected under the Conservation of Habitats and Species Regulations 2010. Taken together,
these legislative instruments make it illegal to carry out the following activities:
1. Deliberately or recklessly capture or kill any wild animal of a European protected
species;
2. Deliberately or recklessly disturb any such animal;
3. Deliberately or recklessly take or destroy eggs of any such wild animal;
4. Damage or destroy a breeding site or resting place of such a wild animal; and
5. Keep, transport, sell or exchange, or offer for sale or exchange, any live or dead
wild animal of a European protected species, or any part of, or anything derived
from such a wild animal.
Any activity that would result in a contravention of the above legislation would require a
licence to avoid committing an offence. Natural England has powers to grant a licence for the
following purposes:
Preserving public health or public safety or other imperative reasons of overriding
public interest including those of a social or economic nature and beneficial
consequences of primary importance for the environment; or
Preventing the spread of disease; or
Preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables,
fruit, growing timber or any other form of property or to fisheries.
The Conservation of Habitats and Species Regulations contain three "derogation tests" which
must be applied by Natural England when deciding whether to grant a licence to a person
carrying out an activity which would harm a European protected species. For development
activities this licence is obtained after Planning Permission has been obtained. The three
tests are that:
The activity to be licensed must be for imperative reasons of overriding public interest
or for public health and safety;
5 Summarised from www.defra.gov.uk
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There must be no satisfactory alternative; and
Favourable conservation status of the species must be maintained.
A recent court judgment6 makes it clear that, notwithstanding the licensing regime, the Local
Planning Authority must also address its mind to these three tests when deciding whether to
grant planning permission for a development which could harm a European protected
species. A Local Planning Authority failing to do so would be in breach of Regulation 3(4) of
the Conservation of Habitats and Species Regulations 2010 which requires all public bodies
to have regard to the requirements of the Habitats Directive in the exercise of their functions.
In order to determine whether an activity requires a licence, Natural England advises that the
guidance of a consultant ecologist is sought. However, Natural England offer the following
advice as a guide:
A licence is needed if the consultant ecologist, on the basis of survey information and
specialist knowledge of the species concerned, considers that on balance the
proposed activity is reasonably likely to result in an offence under Regulation 417 of
the Conservation of Habitats and Species Regulations; or
If the consultant ecologist, on the basis of survey information and specialist
knowledge of the species concerned, considers that on balance the proposed activity
is reasonably unlikely to result in an offence under Regulation 41 of the Conservation
of Habitats and Species Regulations then no licence is required. However, in these
circumstances Natural England would urge that reasonable precautions be taken to
minimise the effect on European protected species should they be found during the
6 Judgment handed down by His Honour Judge Waksman QC sitting as a judge of the High Court at the start of June 2009 in the case of R (on the application of Simon Woolley) v Cheshire East Borough Council. The judgment clarified for the first time the legal duty of a Local Planning Authority when determining a planning application for a development which may have an impact on European Protected Species ("EPS"), such as bats, great crested newts, dormice or otters. 7 Regulation 41 of the Conservation of Habitats and Species Regulations 2010 states:
41. (1) A person who: (a) deliberately captures, injures or kills any wild animal of a European protected species, (b) deliberately disturbs wild animals of any such species, (c) deliberately takes or destroys the eggs of such an animal, or (d) damages or destroys a breeding site or resting place of such an animal,
is guilty of an offence. (2) For the purposes of paragraph (1)(b), disturbance of animals includes in particular any disturbance
which is likely: (a) to impair their ability—
(i) to survive, to breed or reproduce, or to rear or nurture their young, or (ii) in the case of animals of a hibernating or migratory species, to hibernate or migrate; or
(b) to affect significantly the local distribution or abundance of the species to which they belong. (3) It is an offence for any person:
(a) to be in possession of, or to control, (b) to transport, (c) to sell or exchange, or (d) to offer for sale or exchange.
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course of the activity. If they are found then work should cease and an application be
made to the Wildlife Licensing Unit at Natural England, Bristol.
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