working with wildlife: guidance for the construction … 036... · ciria c691 london, 2011 working...

CIRIA C691 London, 2011

Working with wildlife: guidance forthe construction industry

J Newton, B Nicholson, R Saunders, R Willetsand C Williams of The Ecology Consultancy

R Venables of Crane Environmental

This second edition was revised and updated by: J Newton, B Nicholson, R Saunders and staff of The Ecology Consultancy

This edition is dedicated to the memory of Barry Nicholson (1959–2010)

Classic House, 174–180 Old Street, London EC1V 9BPTEL: 020 7549 3300 FAX: 020 7253 0523EMAIL: [email protected] WEBSITE: www.ciria.org

Licensed copy:Skanska Construction Group, 20/09/2011, Uncontrolled Copy, © CIRIA

Working with wildlife: guidance for the construction industry

Newton, J, Nicholson, B, Saunders, R

CIRIA

C691 © CIRIA 2011 RP915 ISBN: 978-0-86017-691-6

British Library Cataloguing in Publication Data

A catalogue record is available for this book from the British Library

Published by CIRIA, Classic House, 174–180 Old Street, London EC1V 9BP

This publication is designed to provide accurate and authoritative information in regard to the subject mattercovered. It is sold and/or distributed with the understanding that neither the author(s) nor the publisher isthereby engaged in rendering a specific legal or any other professional service. While every effort has been madeto ensure the accuracy and completeness of the publication, no warranty or fitness is provided or implied, andthe author(s) and publisher shall have neither liability nor responsibility to any person or entity with respect toany loss or damage arising from its use.

All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means,including photocopying and recording, other than for the purposes of training by the purchaser or purchasingorganisation, without the written permission of the copyright-holder, application for which should be addressedto the publisher. Such written permission must also be obtained before any part of this publication is stored in aretrieval system of any nature.

If you would like to reproduce any of the figures, text or technical information from this or any other CIRIApublication for use in other documents or publications, please contact the Publishing Department for details oncopyright terms and charges at: <[email protected]> or tel: 020 7549 3300.

Keywords

Biodiversity, environmental good practice, site management, sustainable construction

Reader interest

Conservation,enhancement andmanagement ofprotected and pestspecies and habitats

Classification

Availability Unrestricted

Content Advice/guidance

Status Committee-guided

User Clients, planners, designers andarchitects, contractors, developers,environmental managers, trainingproviders and ecologists

CIRIA C691iiLicensed copy:Skanska Construction Group, 20/09/2011, Uncontrolled Copy, © CIRIA

Executive summary

This Working with wildlife guidance is intended as a resource for those in the constructionindustry who need to know about wildlife issues for their work. It aims to help suchpeople to stay within the law, and to understand and adopt good practice in relation towildlife and development and construction projects.

The guidance comprises:

� background information on the fundamentals of ecology

� consideration of the relationship between ecology and construction anddevelopment projects

� an introduction to legislation governing wildlife and construction issues

� practical guidance on dealing with wildlife on sites

� references to further guidance

� gazetteer of relevant organisations

� accompanying the guidance on a CD-Rom is extensive supporting materials:

� habitat briefings

� species briefings covering protected and pest species

� toolbox talks summarising species briefings for use as training aids

� Go carefully poster

� wildlife survey calendar.

What is the aim of the guidance?

The aim of this guidance is to help those involved in the development and constructionindustry to recognise how relatively simple and straightforward it is to move from asituation of doing little for wildlife, to one where good practice is adopted on everyproject to everyone’s benefit. It is not just about complying with the law or about goingbeyond compliance, but is about how value can be added to a project by adopting goodpractice, to ensure people and wildlife both come out positively. Generally, it deals withterrestrial issues and those that may affect UK territorial waters, ie up to 12 nauticalmiles offshore.

Who is it for?

The guidance is aimed at a wide range of people working in, with, or for theconstruction industry such as clients, developers and housebuilders, designers,architects, engineers, contractors, environmental assessors and managers, planners, landagents and trainers. However, it will also appeal to environmental scientists andecologists, and those working in the voluntary and public sectors that are involved in theindustry, and who can use the guide to support their own construction-related work.

Working with wildlife: guidance for the construction industry iiiLicensed copy:Skanska Construction Group, 20/09/2011, Uncontrolled Copy, © CIRIA

The guidance is designed to cover all sorts of projects – large and small, rural andurban, upland and lowland, coastal and inland, housing, civil engineering,infrastructure, flood defence, building construction, extraction and landfill – and tocover such work in all parts of the UK. Wildlife occurs everywhere and the principles ofdealing with it should be the same wherever it is found, even though the details mayvary.

CIRIA C691ivLicensed copy:Skanska Construction Group, 20/09/2011, Uncontrolled Copy, © CIRIA

Acknowledgements

This guidance updates the original training pack (C587) published in 2004. This updatehas been undertaken by The Ecology Consultancy. The guidance has been designed byCIRIA.

Editors

John Newton BSc MSc MIEEM CEnv

John is managing director of The Ecology Consultancy, environment director of CraneEnvironmental Ltd, a director of the Green Roof Consultancy and a member of theBoard of CEEQUAL. An ecologist with more than 35 years experience, including workin the voluntary and private sectors, he has spent the last 20 years actively involved inworking with the construction industry to improve its performance on ecological issues.

Barry Nicholson BSc MSc MIEEM CEnv

Barry was a director of The Ecology Consultancy. He had been involved with numerousecological assessments for construction projects and had wide experience in appliedecology, nature conservation and environmental management. He had extensiveexperience of carrying out watching briefs on construction sites, including severalChannel Tunnel Rail Link contracts. Very sadly Barry Nicholson died in September2010. The edition is dedicated in his memory.

Dr Rachel Saunders BSc PhD MIEEM

Rachel is a principal ecologist with The Ecology Consultancy and has experience invarious fields of ecology and conservation since 1996, specialising mainly in mammalecology and protected species issues. She has also undertaken research into variousaspects of urban ecology, including the spatial ecology of urban foxes and the value ofgardens for wildlife.

Various members of staff from The Ecology Consultancy and Dr Clair Thackray(formerly Williams) contributed to this edition and the editors are very grateful to themfor their input.

Project review group

Mariam Ali formerly RSPB

Peter Johnson Kier

Simon Marsh RSPB

Andrew McIntosh NIEA

Alistair McNeill SEPA

Tony Mitchell-Jones Natural England

Mike Oxford Association of Local Government Ecologists

Huw Thomas Defra

Carol Williams Natural England (formerly Bat Conservation Trust)

Len Wyatt Transport, Welsh Assembly Government

Working with wildlife: guidance for the construction industry vLicensed copy:Skanska Construction Group, 20/09/2011, Uncontrolled Copy, © CIRIA

CIRIA C691vi

Reviewers

Jessica Abrams Defra

Elly Andison Environment Agency

Geoff Audcent Defra

Stephen Bladwell Independent consultant

Lydia Burgess-Gamble Environment Agency

Matthew Ellis CCW

Helen Hazzledine Defra

Simon Liebert Defra

Dylan Lloyd CCW

Jean Matthews CCW

Nigel Symes RSPB

Ruth Thirkettle Defra

Sharon Thompson RSPB

Andy Tully Defra

Project funders

This update was funded by Defra, Kier, Natural England, the Northern IrelandEnvironment Agency (NIEA), the Royal Society for the Protection of Birds (RSPB) andthe Scottish Environment Protection Agency (SEPA).

CIRIA would also like to thank The Ecology Consultancy for their substantial in-kindcontribution in the production of this guidance and those involved in the developmentof the original Working with wildlife training pack published in 2004 (C587).

CIRIA project managers

CIRIA’s project manager for this research was Philip Charles supported by CatherineHaynes, Louise Clarke and Gillian Wadams.

Source materials

CIRIA would like to thank the following for providing photographs: Victoria Forder,Catherine Greenhough, Graham Hopkins, Kier Partnership Homes, Jerry Kinsley,James Lindsey, Natural England, John Newton, Barry Nicholson, Rachel Saunders,Richard Saunders, Sam Phillips, Scottish Natural Heritage, Vicky White, and also fromHR Wallingford and Halcrow.


Contents

Executive summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .iii

Acknowledgements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .v

Boxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ix

Case studies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ix

Figures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .x

Tables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .xi

Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .xii

Abbreviations and acronyms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .xv

1 Introduction to ecology and construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

1.1 Background to nature conservation in the UK . . . . . . . . . . . . . . . . . . . . .1

1.2 What does conservation of wildlife have to do with the constructionindustry? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

1.3 Aims of this guide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

1.4 How does this guidance link other construction industry initiatives? . . .5

2 Background to ecology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

2.1 Terminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

2.2 Why worry? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

2.3 But why worry about wildlife on construction and development projects? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10

2.4 What can be done? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12

3 Basic ecological concepts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14

3.1 Who eats what and why? Ecosystems and food chains . . . . . . . . . . . . . .14

3.2 The natural energy cycle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14

3.3 How stable is an ecosystem? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16

3.4 Habitats and species . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19

4 Ecology and construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21

4.1 How development and construction can affect ecology . . . . . . . . . . . . .21

4.2 What can the construction industry do to maximise opportunitiesfor ecological improvement and to minimise adverse effects? . . . . . . . .26

4.3 Ecological survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27

4.4 Review opportunities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28

4.5 Assessing and avoiding negative effects . . . . . . . . . . . . . . . . . . . . . . . . . .30

4.6 Scale and location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32

5 Survey and assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35

5.1 Environment impact assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35

5.2 What to survey? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37

5.3 When to survey? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39

5.4 How to survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44

5.5 Who surveys? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44

Working with wildlife: guidance for the construction industry viiLicensed copy:Skanska Construction Group, 20/09/2011, Uncontrolled Copy, © CIRIA

5.6 Surveying and protected species . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45

5.7 Evaluation and impact assessment of sites . . . . . . . . . . . . . . . . . . . . . . . .46

5.8 Environmental impact assessment, environmental appraisal orhabitat regulations assessment? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47

5.9 Mitigation, compensation and improvement . . . . . . . . . . . . . . . . . . . . .49

5.10 Post-construction management and monitoring . . . . . . . . . . . . . . . . . . .50

6 Legislation, planning policy and guidance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52

6.1 The basis of UK law – a brief introduction . . . . . . . . . . . . . . . . . . . . . . .52

6.2 UK legislation relevant to construction and wildlife . . . . . . . . . . . . . . . .53

6.3 European law and its implications for the UK . . . . . . . . . . . . . . . . . . . .55

6.4 International treaties and conventions . . . . . . . . . . . . . . . . . . . . . . . . . .59

6.5 Licensing and protected species . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59

6.5.1 General licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60

6.5.2 European Protected Species Mitigation licences . . . . . . . . . . . . .60

6.5.3 Development works affecting badgers . . . . . . . . . . . . . . . . . . . . .61

6.5.4 Conservation licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .62

6.6 Wildlife and planning policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .62

6.7 Biodiversity Action Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65

6.8 Ecology and sustainable development . . . . . . . . . . . . . . . . . . . . . . . . . . .66

6.9 General guidance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .67

7 Who’s who in ecology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .94

7.1 Public sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .95

7.1.1 Statutory nature conservation organisations . . . . . . . . . . . . . . . .95

7.1.2 The Environment Agency, SEPA and NIEA . . . . . . . . . . . . . . . .96

7.1.3. Local authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .97

7.1.4. Local biological or biodiversity records centres (LBRCs) . . . . . .97

7.1.5. Association of Local Government Ecologists (ALGE) . . . . . . . . .97

7.1.6 The Police . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .98

7.2 Voluntary sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .98

7.2.1 Local community groups . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .99

7.3 Private sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .99

7.4. Further information on wildlife . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .100

8 Where next? Practicalities in the office and on site . . . . . . . . . . . . . . . . . . . . . . .101

8.1 Using an ecologist on site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .105

8.1.1 Finding an ecologist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .105

8.2 Ecology and site environmental management . . . . . . . . . . . . . . . . . . .108

8.3 What is the role of the contractor’s ecologist? . . . . . . . . . . . . . . . . . . . .108

8.4 Concluding comments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .109

References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .111

Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .117

Useful websites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .120

Further reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .121

Gazeteer of organisations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .132

CIRIA C691viiiLicensed copy:Skanska Construction Group, 20/09/2011, Uncontrolled Copy, © CIRIA

Boxes

Box 1.1 Examples of habitat loss in the UK . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Box 1.2 Assumptions made in this guidance . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Box 1.3 Environmental management systems . . . . . . . . . . . . . . . . . . . . . . . . . .6

Box 2.2 Plants are important . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10

Box 3.1 Upsetting the fragile balance on an ecosystem: introduction of rabbitsin Australia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16

Box 3.2 Upsetting the fragile balance on an ecosystem: introduction ofhedgehogs in the Hebrides . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17

Box 3.3 Taxonomy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20

Box 3.4 The effect of development and construction on ecological processes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20

Box 4.1 Favourable conservation status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25

Box 4.2 Sources of ecological information . . . . . . . . . . . . . . . . . . . . . . . . . . . .26

Box 4.3 Improve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28

Box 4.4 Mitigate or compensate? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31

Box 4.5 Avoid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31

Box 4.6 Ecology and construction summary . . . . . . . . . . . . . . . . . . . . . . . . . .34

Box 5.1 Environmental impact assessment (EIA) . . . . . . . . . . . . . . . . . . . . . .36

Box 5.2 National Vegetation Classification (NVC) . . . . . . . . . . . . . . . . . . . . . .39

Box 5.3 Licences for surveying protected species . . . . . . . . . . . . . . . . . . . . . .45

Box 5.4 Ratcliffe criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47

Box 5.5 Criteria that may be used in the identification and evaluationof local wildlife sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47

Box 5.6 TAG approach to assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49

Box 6.1 Don’t be reckless . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55

Box 6.2 Application for a EPSM licence (England and Wales) . . . . . . . . . . . .61

Box 6.3 Planning obligations or agreements (Section 106 Agreements inEngland and Wales, Section 75 Agreement in Scotland, Article 40Agreement in Northern Ireland) and conditions . . . . . . . . . . . . . . . .64

Box 6.4 Planning permission achieved – what next? . . . . . . . . . . . . . . . . . . . .65

Box 6.5 BAPs – what to do . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66

Box 6.6 BREEAM and CEEQUAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .67

Box 8.1 When starting construction what should be done next? . . . . . . . . .106

Case studies

Case study 2.1 Development in floodplains . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

Case study 2.2 Importance of communications on site . . . . . . . . . . . . . . . . . . . . . . . .13

Case study 4.1 Protecting swifts on a Cambridgeshire housing scheme . . . . . . . . . .22

Case study 4.2 Problems and pitfalls of habitat translocation . . . . . . . . . . . . . . . . . . .29

Case study 4.3 Development of habitat from previously used land: Ripon Quarry,Yorkshire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30

Case study 4.4 Development of habitat from previously used land: Thomas Lawrence Brickworks, Bracknell . . . . . . . . . . . . . . . . . . . . . . . . . . . .32

Working with wildlife: guidance for the construction industry ixLicensed copy:Skanska Construction Group, 20/09/2011, Uncontrolled Copy, © CIRIA

Case study 4.5 Changes to site development plans to protect great crested newtpopulation: Orton Brick Pits, Peterborough . . . . . . . . . . . . . . . . . . .32

Case study 8.1 Unavoidable habitat loss . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .110

Figures

Figure 1.1 Bee Orchid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Figure 1.2 Environmental management system cycle . . . . . . . . . . . . . . . . . . . . . .6

Figure 2.1 Goldfinch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

Figure 2.2 Social functions of nature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

Figure 2.3 Building on flood plain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

Figure 3.1 The pyramid of numbers from primary producer to top carnivore . . .15

Figure 3.2 Nature’s waste management plan . . . . . . . . . . . . . . . . . . . . . . . . . . . .16

Figure 3.3 Rabbit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16

Figure 3.4 Hedgehog . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17

Figure 3.5 The process of succession and how it is disrupted by ecosystem change . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18

Figure 3.6 Urban woodland often occurs because of recolonisation by treesof a previously cleared site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19

Figure 3.7 The early stages of succession are often dominated by mosses, lichensand ferns, which are able to colonise rocks and stony ground . . . . . .19

Figure 3.8 Eurasian badger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20

Figure 4.1 Badgers can turn up unexpectedly on construction sites –although not usually in daylight . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21

Figure 4.2 Swift roof access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22

Figure 4.3 Linear projects such as roads and railway lines create a barrier dividing existing habitats and causing fragmentation . . . . . . . . . . . .23

Figure 4.4 Peat bogs take thousands of years to develop. Once destroyed,for example to gain peat compost for gardening, they areirretrievably lost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24

Figure 4.5 Having Japanese knotweed on a site can easily lead to unintentionally spreading the plants unless preventative measures are taken . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25

Figure 4.6 Detailed surveys especially of protected species may take months tocomplete . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27

Figure 4.7 Bat access brick . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28

Figure 4.8 Dormouse box . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29

Figure 4.9 Ecological hierarchy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31

Figure 4.10 Great crested newt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32

Figure 4.11 On this site in London new wildlife habitat and a visitor centre were created as part of a housing development . . . . . . . . . . . . . . . . .33

Figure 4.12 Urban wasteland sites have become a valuable resource for wildlife and often accommodate rare and protected species . . . . . . .33

Figure 4.13 Habitat development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34

Figure 5.1 The EIA process – biodiversity considerations . . . . . . . . . . . . . . . . . .37

Figure 5.2 Pond survey for amphibians . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44

Figure 5.3 A badger sett excavated on a construction site . . . . . . . . . . . . . . . . . .46

CIRIA C691xLicensed copy:Skanska Construction Group, 20/09/2011, Uncontrolled Copy, © CIRIA

Figure 5.4 A hibernaculum for great crest newts can be created as part of adevelopment project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50

Figure 7.1 Pale tussock moth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .94

Figure 7.2 Wildlife organisations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .94

Figure 7.3 The environmental manager of a construction project pays a visitto an environmental education centre run by the London WildlifeTrust (Camley Street local nature reserve in Kings Cross) . . . . . . . . .99

Figure 8.1 Site ecologist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .105

Tables

Table 2.1 The consequences of getting it wrong . . . . . . . . . . . . . . . . . . . . . . . .12

Table 5.1 Guidance on the optimal timing for carrying out specialistecological surveys and mitigation . . . . . . . . . . . . . . . . . . . . . . . . . . . .40

Table 5.2 Survey and assessment – what should you do? . . . . . . . . . . . . . . . . . .43

Table 6.1 Internationally, nationally and locally designated sites . . . . . . . . . . .56

Table 6.2 Relevant planning policy guidance and advice throughout the UK (nature conservation and biodiversity) . . . . . . . . . . . . . . . . .63

Table 6.3 Summary of wildlife legislation and planning guidance relevantto the construction industry in the UK . . . . . . . . . . . . . . . . . . . . . . . .70

Table 8.1 Construction activities and their potential adverse effectson wildlife . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .107

Working with wildlife: guidance for the construction industry xi

Habitat briefings

1 Coastal and marinehabitats.

2 Grassland.

3 Heathland.

4 Hedgerow and individualtrees.

5 Soil.

6 Urban habitats.

7 Wetland.

8 Woodland and scrub.

Species briefings

Protected species1 Amphibians (common).

2 Badger.

3 Bats.

4 Birds.

5 Fish.

6 Great crested newt.

7 Hazel dormice.

8 Invertebrates.

9 Mammals (common).

10 Natterjack toad.

11 Otter.

12 Pine marten.

13 Protected plants.

14 Reptiles.

15 Red squirrels.

16 Water vole.

17 White-clawed crayfish.

Pest species18 Feral pigeon.

19 Foxes.

20 Grey squirrels.

21 Invasive plants.

22 Mink.

23 Rats.

Toolbox talks

Protected species1 Amphibians (common).

2 Badger.

3 Bats.

4 Birds.

5 Dormice.

6 Fish.

7 Great crested newt.

8 Invertebrates.

9 Mammals (common).

10 Natterjack toad.

11 Otter.

12 Pine marten.

13 Protected plants.

14 Reptiles.

15 Red squirrel.

16 Water vole.

17 White-clawed crayfish.

Pest species18 Feral pigeon.

19 Foxes.

20 Grey squirrels.

21 Invasive plants.

22 Mink.

23 Rats.

The CD-Rom that accompanies this guide contains Habitat and Species briefings and Toolbox talks:


Glossary

Biodiversity The entire variety of life on earth. This includesspecies, genetic variations within species, and thecommunities, habitats and ecosystems within whichthey occur.

Birds of Conservation A review carried out by governmental and non-Concern (BoCC) governmental organisations that lists birds whose UK

populations are declining and/or considered to beunder threat.

Carnivore A flesh-eating organism.

Carrying capacity The maximum number of organisms or amount ofbiomass that can be supported in a given area.

Climax community The final stage of ecological succession where acommunity reaches a state of equilibrium with itsenvironment.

Community Any group of populations of different organisms livingtogether in the same locality. The biological componentof an ecosystem.

Compensation Measures taken to offset significant residual effects, iethose that cannot be entirely avoided or mitigated tothe point that they become insignificant.

Convention on International An international agreement between governments. ItsTrade in Endangered Species aim is to ensure that international trade in specimensof Wild Fauna and Flora of wild animals and plants does not threaten their(CITES) survival.

Conservation A series of measures required to maintain or restorenatural habitats and populations of species of wildfauna and flora.

Disturbance Disruption of natural process or behaviour.

Ecology The scientific study of the inter-relationship among andbetween organisms, and between them and all aspects,living and non-living, of their environment.

Ecosystem An ecological system of any scale, consisting ofcommunities of organisms interacting with theirenvironment.

Enhancement To increase value and importance for wildlife.

Environmental impact Procedure for ensuring that the likely effects of a newassessment (EIA) development on the environment are fully understood

and taken into account before it is allowed to go ahead.

Eutrophication The process by which nutrients are accumulated in awater body, with a consequent growth of algae.

Fauna Term used to describe the animal life of a particularplace, region or period of time.

CIRIA C691xiiLicensed copy:Skanska Construction Group, 20/09/2011, Uncontrolled Copy, © CIRIA

Flood defence consent Requirement from the Environment Agency before anywork is carried out in, over or under a watercourse.

Flora Term used to describe the plant life of a particularplace, region or period of time.

Food chain/food web The transfer of food energy from plants through aseries of organisms that eat those lower in the chain andare in turn eaten by those above. In reality a complexfood web rather than a simple food chain.

Habitat The place where an organism lives, often defined onthe basis of uniformity of vegetation (woodland,reedbed etc).

Herbivore An animal that feeds on plants.

Hibernaculum A place where animals hibernate.

Indigenous An organism that is native to a particular place.

Local Nature Reserves (LNRs) Sites that are designated by local authorities under theNational Parks and Access to the Countryside Act 1949.

Mitigation Measures taken to reduce adverse effects.

Natura 2000 network A network of protected sites comprising SACs and SPAs(see Abbreviations).

Niche or ecological niche The functional role that a plant or animal plays within acommunity.

Omnivore An animal that feeds on both plants and animal flesh.

Phase 1 survey A standardised system for identifying and mappinghabitats (note that Phase 1 is also used in other forms ofenvironmental audit to mean different things).

Photosynthesis The process in green plants and certain otherorganisms by which organic compounds are synthesisedfrom carbon dioxide and water using light as an energysource. Most forms of photosynthesis release oxygen asa by-product.

Population A group comprising the same species present in thesame locality.

Precautionary principle The principle of taking precautionary measures wherean activity raises threats or harm to biodiversity even ifcertain cause and effect relationships are notscientifically established.

Protected species Certain plant or animal species that are protected tovarious degrees in law, particularly by The Conservationof Habitats and Species Regulations 2010 and theWildlife and Countryside Act 1981 (as amended).

Ruderal A plant that colonises waste ground.

Species A group of organisms that closely resemble each otherand can interbreed within the group but cannotexchange genes with other groups.

Succession The process of ecological communities developing fromone type to another.

Working with wildlife: guidance for the construction industry xiiiLicensed copy:Skanska Construction Group, 20/09/2011, Uncontrolled Copy, © CIRIA

Taxonomy The scientific classification of plants and animals.

Translocation The physical removal of either an area of habitat orseveral individuals of a certain species from one site(the donor site) to another (the receptor site).

Watching brief The process by which a person (usually an ecologist)inspects construction activity and works to ensure thatthey comply with wildlife legislation, good practice andany previously agreed method statements orconditions.

Wildlife Any undomesticated organism.

CIRIA C691xivLicensed copy:Skanska Construction Group, 20/09/2011, Uncontrolled Copy, © CIRIA

Abbreviation and acronyms

AAIS Arboricultural Advisory and Information Service

AECB Association for Environment-Conscious Building

ALGE Association of Local Government Ecologists

AONB Area of Outstanding Natural Beauty

ARC Amphibian and Reptile Conservation

ASSI Area of special scientific interest (Northern Ireland)

BALI British Association of Landscape Industries

BAP Biodiversity Action Plan

BoCC Birds of Conservation Concern

BIS Department for Business Innovation & Skills (formerlyDBERR)

BREEAM BRE Environmental Assessment Method

BRIG Biodiversity Reporting and Information Group

BTCV British Trust for Conservation Volunteers

CAR Water Environment (Controlled Activities) (Scotland)Regulations 2005

CBA Council for British Archaeology

CBC Common Birds Census

CCW Countryside Council for Wales (SNCO for Wales)

CEDaR Centre for Environmental Data and Recording

CFSH Code for Sustainable Homes

CIEF Construction Industry Environmental Forum

CITES Convention on International Trade in EndangeredSpecies of Wild Fauna and Flora

CIWEM Chartered Institution of Water and EnvironmentalManagement

CNCC Council for Nature Conservation and the Countryside(Northern Ireland)

CPRE Campaign to Protect Rural England

CPRW Campaign for the Protection of Rural Wales

CRoW Countryside and Rights of Way Act 2000

cSAC candidate Special Area of Conservation

DARD Department of Agriculture and Rural Development(Northern Ireland)

DBERR Department for Business, Enterprise and RegulatoryReform (now BIS)

DCLG Department of Communities and Local Government

DETR Department of Environment Transport and theRegions

Defra Department for Environment, Food and Rural Affairs

DfT Department for Transport

Working with wildlife: guidance for the construction industry xvLicensed copy:Skanska Construction Group, 20/09/2011, Uncontrolled Copy, © CIRIA

DGXI Directorate-General of the Environment, NuclearSafety, and Protection

DoENI Department of the Environment Northern Ireland

EC European Commission

EIA Environmental impact assessment

EMAS Eco-management and audit scheme

EMS Environmental management system

EPS European Protected Species

EPSM European Protected Species Mitigation

ERC Environmental records centre

ESA Environmentally sensitive areas

FCS Favourable conservation status

GCR Geological conservation review site

GES Good environmental status

HAP Habitat action plan

HMSO Her Majesty’s Stationery Office

HRA Habitat Regulations Assessment

IEA Institute of Environmental Assessment

IEEM Institute of Ecology and Environmental Management

IEMA Institute of Environmental Management andAssessment

IoB Institute of Biology

IUCN International Union for Conservation of Nature

JNCC Joint Nature Conservation Committee

KPH Kier Partnership Homes

LBRC Local biological or biodiversity records centre

LNR Local Nature Reserve

LPA Local planning authority (normally the county or bor-ough council in a particular area – or region inScotland)

LWS Local wildlife site

MCS Marine Conservation Society

MCZ Marine Conservation Zone

MIPPS Ministerial Interim Planning Policy Statements (inWales)

MMO Marine Management Organisation

MMP Mineral Planning Policy (in Wales)

MPG Mineral Planning Guidance Notes

MPS Marine Policy Statement

MPS Minerals Policy Statements

NBN National Biodiversity Network

NCAL Nature Conservation and Amenity Lands (NorthernIreland) Order 1985

NCR Nature conservation review sites

NE Natural England (SNCO for England)

NERC Natural Environment Research Council

CIRIA C691xviLicensed copy:Skanska Construction Group, 20/09/2011, Uncontrolled Copy, © CIRIA

NERC Natural Environment and Rural Communities Act2006

NHA Natural Heritage Areas

NI Northern Ireland

NIEA Northern Ireland Environment Agency (SNCO forNorthern Ireland)

NGOs Non-governmental organisations

NHA Natural heritage areas

NIEA Northern Ireland Environment Agency (SNCO forNorthern Ireland)

NNR National Nature Reserve

NPPG National Planning Policy Guidance (in Scotland)

NSA National scenic areas (in Scotland)

NVC National Vegetation Classification

PAN Planning Advice Note (in Wales)

PPG Planning Policy Guidance (in England)

PPS Planning Policy Statement (in England and NorthernIreland)

PPW Planning Policy Wales

pSPA Potential special protected area

RDB Red Data Book

RIGS Regionally important geological sites

RSPB Royal Society for the Protection of Birds

RSPCA Royal Society for the Protection of Cruelty to Animals

RSS Regional spatial strategies (in England)

RTPI Royal Town Planning Institute

SAC Special Area of Conservation

SAP Species Action Plan

SEERAD Scottish Executive Environment and Rural AffairsDepartment

SEM Site environmental manager

SEMP Site environmental management plan

SEPA Scottish Environment Protection Agency

SI Statutory Instrument

SINC Site of importance for nature conservation

SNCI Site of nature conservation importance

SNCO Statutory nature conservation organisation (ie NE,CCW, SNH, NIEA)

SNH Scottish Natural Heritage (SNCO for Scotland)

SPA Special Protection Area

SPP Scottish Planning Policy

SSPCA Scottish Society for the Protection of Cruelty toAnimals

SSSI Site of Special Scientific Interest

TAG Transport Analysis Guidance

TAN Technical Advice Note (in Wales)

Working with wildlife: guidance for the construction industry xviiLicensed copy:Skanska Construction Group, 20/09/2011, Uncontrolled Copy, © CIRIA

TPO Tree Preservation Order

UKGBC UK Green Building Council

UNCED United Nations Conference on Environment andDevelopment

UNESCO United Nations Educational, Scientific and CulturalOrganisation

WAG Welsh Assembly Government

WANE Wildlife and Natural Environment (Scotland) Act 2011

WCA Wildlife and Countryside Act 1981 (as amended)

WFD Water Framework Directive

WHS Wildlife Heritage Site

WML Wildlife Management and Licensing Service

WWF World Wide Fund for Nature

WWT Wildfowl and Wetlands Trust

CIRIA C691xviiiLicensed copy:Skanska Construction Group, 20/09/2011, Uncontrolled Copy, © CIRIA

1 Introduction to ecology and construction

This chapter covers the background towhy it is important for constructionprofessionals to know about andunderstand wildlife and how this guidancecan assist them.

1.1 Background to natureconservation in the UK

The UK has a long history of wildlifeconservation dating back to theestablishment of royal hunting grounds,such as the New Forest, in the 11thcentury. However, the 20th century sawincreasing concern regarding the loss ofwildlife on a national scale, mainly becauseof changes in agricultural, practice andincreased development.

Box 1.1 Examples of habitat loss in the UK

Several organisations were set up to stop the loss of wildlife and were partially successfulin doing so. These included:

� the Nature Conservancy, later known as the Nature Conservancy Council, Britain’sfirst government-sponsored nature conservation body formed in 1949 (replaced in1991 by English Nature (now Natural England [NE]), SNH and CCW)

� Scottish Natural Heritage (SNH)

� Countryside Council for Wales (CCW)

� Joint Nature Conservation Committee (JNCC) – the UK Government’s wildlifeadviser, undertaking national and international conservation work on behalf of thefour country nature conservation agencies: NE, SNH, CCW and the Council forNature Conservation and Countryside (CNCC) in Northern Ireland

� voluntary sector bodies including the Royal Society for the Protection of Birds(RSPB) and the Wildlife Trusts, among other organisations.

Working with wildlife: guidance for the construction industry 1

� by the 1980s unimproved lowland meadows had declined by 97 per cent over the previous 50years. Since then the decline has continued at a rate of two to 10 per cent.

Since 1949 there has been:

� 80 per cent loss or significant damage of lowland grassland on chalk or Jurassic limestone

� over 27 per cent of upland heath land had been lost in England and Wales between 1947 and 1980with a similar loss in Scotland

� 40 per cent loss of lowland heaths on acid soils

� 30 to 40 per cent loss of ancient lowland woods.

(Nature Conservation in Britain, Nature Conservancy Council 1984, Biodiversity Reporting and Information group (BRIG), 2008, and Defra 2002)

Figure 1.1 Bee Orchid


Despite efforts, concern continued to grow at the erosion of this “natural capital”. At theglobal scale matters were no better and as a result of the increasing concern regardingthe scale of loss the United Nations convened the Conference on Environment andDevelopment (also known as the Rio Summit) in 1992. At this conference the conventionon biological diversity was agreed. The UK Government signed this convention with theintention that the subject would be addressed at the UK level.

In 1994, the UK Government published its response to the 1992 convention (HMSO,1994), which sets out a programme for action, including the development of targets forbiodiversity, and the techniques and programmes necessary to achieve them. Inparticular it stresses that, while government will take the lead, all of the UK populationcan influence whether the UK will be richer or poorer in species and habitats.

Since then, Biodiversity Action Plans (BAPs) have been produced at UK national level,regional and local levels. In England, the Department for Environment, Food and RuralAffairs (Defra) published guidance that seeks to ensure biodiversity considerationsbecome embedded in all main sectors of public policy (Defra, 2002).

The Scottish Government produced a biodiversity strategy that provided a 25 yearframework to conserve and improve biodiversity in Scotland (The Scottish Government,2004b). The Wales Biodiversity Framework is the equivalent in Wales.

Some organisations, such as the Highways Agency, the Scottish Executive and the WelshAssembly Government, have produced BAPs for their road networks, while others, suchas the Environment Agency, have produced plans relating to their particularresponsibilities. These provide guidance as to what is appropriate to conserve orimprove within the area that the BAP is concerned with. The construction industry canmake a positive contribution to BAPs (see Section 6.7).

Several pieces of legislation have been introduced to protect wildlife and importantwildlife sites. The Wildlife and Countryside Act (WCA) 1981, with its variousamendments, is one of the key pieces of legislation in England, Scotland and Wales.Parts of this Act were amended and strengthened by the Countryside and Rights of Way(CRoW) Act 2000, which applies only to England and Wales, and by the NatureConservation (Scotland) Act (2004) in Scotland. This legislation has meant that theconstruction industry has to adopt certain procedures to ensure that wildlife law is notbroken. In Northern Ireland, wildlife is principally protected by the Wildlife (NI) Order1985. The Environment (NI) Order 2002 provides protection for important wildlifesites.

Because of new legislative provisions contained within the Marine and Coastal AccessAct 2009 and to consolidate the various amendments to The Conservation (NaturalHabitats, &c) Regulations 1994, the existing 1994 Regulations (as amended) wererepealed in England and Wales (though they will continue to apply in Scotland) andreplaced by the new consolidated The Conservation of Habitats and Species Regulations2010. These Regulations and the Conservation (Natural Habitats etc) Regulations (NI)1995 and Amendments 1997, 2004, and 2009 adopt the EC Habitats Directive 92/43 inthe UK. These Regulations, among other things, designate areas of European wildlifeimportance as Special Areas of Conservation (SAC) as well as affording protection tosites classified, because of the EC Birds Directive 2009/147/EC, as Special ProtectionAreas (SPA).

Development proposals that, despite mitigation measures, would have an adverse effecton the integrity of a site protected under the Habitats and Species Regulations can onlybe approved provided that there are no feasible alternatives, the development is needed

CIRIA C6912Licensed copy:Skanska Construction Group, 20/09/2011, Uncontrolled Copy, © CIRIA

for imperative reasons of overriding public interest and compensatory measures aresecured to ensure the coherence of the network of protected sites. The legislation alsoidentifies European Protected Species (EPS), the conservation of which is important at aEuropean level and, through Article 10 (Regulation 37) of the Directive, requires themanagement of landscape features of major importance to flora and fauna to be takeninto account during the planning process. This includes the maintenance of habitatconnectivity that plays an important role in allowing continued migration, dispersal andgenetic exchange of species.

The Natural Environment and Rural Communities (NERC) Act came into force on 1October 2006. Section 40 of the Act requires all public bodies in England and Wales tohave regard to biodiversity conservation when carrying out their functions. This iscommonly referred to as the “biodiversity duty”.

Section 41 of the NERC Act 2006 (Section 42 in Wales) requires the Secretary of State topublish a list of habitats and species that are of “principal importance for theconservation of biodiversity” in England. The list is intended to assist decision makers,such as public bodies, in adopting their duty under Section 40 of the Act. Under the Actthese habitats and species are regarded as material considerations in determiningplanning applications. A developer must show that their protection has been adequatelyaddressed within a development proposal.

Part 5 of the Marine and Coastal Access Act 2009 came into force on 12 January 2010 (inEngland and UK offshore waters). This is concerned with marine nature conservationthrough the designation and protection of Marine Conservation Zones (MCZs).Although essentially a marine conservation tool, MCZs can be designated in theintertidal zone and extend to the foreshore or across islands.

The Marine and Coastal Access Act 2009 provided for Natural England’s specieslicensing functions (under the Wildlife and Countryside Act (WCA) 1981 (as amended)and The Conservation of Habitats and Species Regulations 2010) in English territorialwaters. On 1 April 2010 this responsibility was transferred from Natural England to thenew Marine Management Organisation (MMO). The MMO has the function to issuelicenses under the Offshore Marine Conservation (Natural Habitats &c) Regulations2007 (as amended) in UK offshore waters where species may be affected by works.However, this is not the case in offshore waters around Scotland where licensingresponsibilities will be shared between Marine Scotland and the Secretary of State (seealso Section 7.1.1).

In addition to legislation, UK and national government also has sought to ensure theconservation of wildlife through the planning process. This is generally provided by thepublication of planning guidance, eg in England Planning Policy Statement (PPS) 9 andsupporting documents that inform the planning process at the local level.

1.2 What does conservation of wildlife have to do with theconstruction industry?

As discussed in Section 1.1, the construction industry can make a positive contributionto the targets for conserving wildlife contained within BAPs. More importantly there islegislation and good practice guidance to abide by. Also, there are high levels ofawareness and expectation among the general public for the construction industry toperform well in these areas, and there is general concern within the industry and itsclients, and particularly among many of the staff employed, that the constructionindustry should be doing more to conserve and improve wildlife. Wildlife is an emotive

Working with wildlife: guidance for the construction industry 3Licensed copy:Skanska Construction Group, 20/09/2011, Uncontrolled Copy, © CIRIA

issue and people, both inside and outside the industry, can become upset if they see thewrong thing happening on a construction site. When mistakes occur, not only are therefines to be paid together with the other costs associated with legal action, and the risk ofa criminal record, but resulting bad publicity can damage business by deterring existingor future clients from awarding contracts.

Box 1.2 Assumptions made in this guidance

With some simple guidance, construction industry organisations and their clients cancontribute positively to the conservation of wildlife. Both can demonstrate that theirenvironmental performance is improving and making the industry more attractive toclients, end users and the general public.

1.3 Aims of this guide

Two of the main hurdles to the construction industry taking a more active role inwildlife conservation have been a lack of understanding as well as insufficient guidanceand information. One of the aims of this guidance is to help the industry and its clientsrealise wildlife and business benefits. Among other things, it provides guidance on:

� how to comply with the law

� how to go beyond compliance and make a positive contribution to the achievementof BAP targets at the local level by adopting good practice

� how to involve all levels of staff in improving industry performance in respect ofwildlife conservation

� what to do and when to do it if wildlife issues occur on site

� who to ask for assistance and what to expect of them

� how to design with biodiversity in mind creating benefits for both people andwildlife.

Importantly, it provides detailed information on most of the protected species (eg bats,badgers) that the industry is likely to come across along with some consideration ofcommon pest species (eg grey squirrels).

CIRIA C6914

1 The definition of the construction industry not only includes clients, designers, engineers andcontractors, but also developers (including house-builders), public and private sector planners,environmental assessors and managers, land agents and others. This guidance is for all thesegroups.

2 When discussing ecology, wildlife and biodiversity, we are in fact talking about the same thing,although there are subtle differences between them.

3 There is willingness among those who use this guidance to continue to improve the industry’sperformance in respect of wildlife.

Key guidance

Being proactive in the conservation of wildlife can be costefficient when compared to the cost of getting it wrong, andcan improve the business case for the construction industryand the buildings and works it creates.


1.4 How does this guidance link other construction industryinitiatives?

In the last 10 years or so, the construction industry has become more actively involvedin the environmental debate. Indeed, a few years ago the UK Government selected it asone of the most important industries in shaping quality of life. In April 2000 the thenDepartment of Environment Transport and the Regions (DETR) published a strategyfor more sustainable construction, which was designed to support the UK SustainableDevelopment Strategy (DETR, 2000a). One of the practical actions for the industrywithin the strategy was to “preserve and improve biodiversity”. This agenda has beenused in several ways including:

� numerous events on wildlife issues have been organised CIRIA through itsnetworks

� ecological criteria, including the appointment of biodiversity champions, have beenincorporated in the Building Research Establishment Environmental AssessmentMethod (BREEAM) and in CEEQUAL (see Box 6.6)

� consideration of wildlife has been incorporated into several CIRIA publications,including by Audus et al (2010)

� the development of sustainability indicators by CIRIA (WS Atkins, 2001)

� the development of key performance indicators by BRE and CIRIA for the industryin respect of biodiversity (Woodhall et al, 2003)

At the company level, the employment of environmental management systems (EMS) tohelp improve a company’s environmental performance has led to:

� the development of environmental policies that include reference to ecology andwildlife

� the recognition that the industry can have a significant (positive and negative) effecton these issues

� the development of objectives and procedures to assist the industry to achieve itsdesired improvement in performance in respect of wildlife.

Increasingly, contracts now demand project or site environmental management plans(SEMP), based on an EMS style approach for particular construction projects (see Box1.3 and Section 8.2).


Key guidance

Conservation and improvement of biodiversity within andaround construction sites needs to be considered throughout allstages of a development.

DBERR (2008)


Box 1.3 Environmental management systems (EMS)

The development of ecological procedures often forms an important role within SEMPs.Also, the adoption of a management plan or an EMS is seen by government as a way fordevelopers to demonstrate the adoption of mitigation measures and monitor theireffectiveness (CLG, 1999).

This guide links these initiatives by providing:

� information to help ensure legal compliance

� information that will help with the formulation of policies and procedures

� information on how land development and construction processes affect wildlife ina variety of ways

� guidance on how to manage and monitor wildlife issues.

CIRIA C6916

No company is legally obliged to have an EMS in place. However, an EMS is considered an ideal formanaging a company’s environmental aspects, and they are becoming widely adopted in a range ofindustries, including construction.

The main EMS standard in general use in the UK is ISO 14001. The construction industry, and especiallycontractors, has adopted ISO 14001 as its favoured standard, although local planning authorities mayextend their system to comply with the eco-management and audit scheme (EMAS). CIRIA’s easy accessenvironmental management process (Hall et al 2007) has been developed for those in the industry forwhom ISO 14001 is inappropriate. EMSs are based on a plan-do-check-review type of system and arenormally used company wide (see Figure 1.2). Environmental issues considered include noise, dust,vibration, materials choice and sourcing, waste management, water, air, traffic, landscape and ecology.

As part of their general EMS, many site orientated projects now designate a member of staff as beingresponsible for environmental aspects of the works, often called the site environmental manager (SEM).

A site based version of an EMS is developed (site environmental management plan [SEMP] or similar)to help control the environmental performance of the construction works. Noise, dust, water and wasteissues tend to be critical, but ecology will be a consideration on many sites.

Environmentalpolicy

Managementreview

Planning

Checking andcorrective action

Identify activities andwildlife effects

Identify local habitatsand species

Assess significance ofpotential wildlifeimpacts (positive andnegative)

Identify potential risksto habitat and species,and opportunities forimprovement

Implementationand operation

Integrate action planinto business process

Develop managementprogramme

Figure 1.2

Environmental management system cycle (adapted fromUK Round Table on Sustainable Development, 2002)


This guide deals with the protection afforded to species and habitats and how theconstruction industry should respond based on current legislation and guidance. Overtime, the issue of climate change may well affect the population size, distribution andconservation value of various species and habitats. So those in the industry are advisedto be aware of amendments to the protection afforded and the guidance relating tothese species and habitats.


CIRIA C6918

2 Background to ecology

This chapter provides some usefulbackground information. Threeterms that are apparentlyinterchangeable have already beenmentioned: ecology, wildlife, andbiodiversity. Nature conservation,plants and animals, flora and fauna,and many more could be added tothese. It can be confusing, so manyof these terms and others havebeen defined in the Glossary.

2.1 Terminology

Ecology is the scientific study of the interrelationship among and between organisms,and between them and all aspects, living and non-living, of their environment.

In a more practical sense, ecology is about the study of plants and animals and thehabitats that support them. So in terms of construction – what is present on the site andwhy it is there.

Wildlife is defined as any undomesticated organism, and in the UK context it includesplants and animals.

Biodiversity is the degree of variation of life forms within a given ecosystem, biome, oran entire planet and is a measure of the health of ecosystems. One of the definitions ofbiodiversity is:

“The variability among living organisms from all sources including, inter alia, terrestrial,marine and other aquatic ecosystems and the ecological complexes of which they are part,

including diversity within species, between species and of ecosystems”

HMSO (1994)

2.2 Why worry?

Why worry about wildlife? Chapter 1 explained some of the history behind the concernfor wildlife conservation. At a global level 12 per cent of all birds, 21 per cent of allmammals and 10 per cent of all invertebrates are under threat of extinction (Vie et al,2009).

Over the last 100 years in the UK, many species have become extinct. This is where theterm “biodiversity” should be carefully considered because some imports also have beengained. However, as in the case of Japanese knotweed and giant hogweed, these importscan affect indigenous species causing many further problems without providing anyecological benefit.

This loss of wildlife not only means a loss of species to study or enjoy, but also the loss ofa potentially valuable source of drugs or other commercial products, a reservoir of

Figure 2.1 Goldfinch


genetic diversity for the future and some of the biological building blocks of the planet.By reducing these blocks the global ecosystem becomes in danger of collapsing. This isseen most clearly in the destruction of rainforest and the effect that has had on localclimate, soil erosion and the carbon balance in the earth’s atmosphere.

English Nature (2002) showed that nature can contribute to our quality of life in fourmain ways (see Figure 2.2):

1 Appreciation.

2 Knowledge.

3 Products.

4 Ecosystem services.

Figure 2.2 Social functions of nature


Biodiversity andhealthy, functioning

ecosystemsKnowledge:

A knowledge resource forgeneral education, scientificand historic discovery, andenvironmental monitoring

Appreciation:

Nature for humanenjoyment, health andspiritual enrichment, a

better living environment,cultural meanings and

artistic inspiration

Products:

Sustainably harvested products suchas food, fuel, medicines, cosmetics

and construction materials

Ecosystems services:

Natural systems provide basic lifesupport structures and without

them life would be impossible orvery costly to sustain. The air, soils,

and climate and maintained bynatural processes. Managed well,natural habitats can mitigate theeffects of flooding and pollution

Social functionsof nature

Key guidance

It is vital that there remains a vested interest in looking afterwildlife habitats and species, because inevitably they are reliedon for food, water, medicine, fresh air and also for holidays andrecreational activities. Healthy wildlife equals healthy humans.


Box 2.2 Plants are important

2.3 But why worry about wildlife on construction anddevelopment projects?

There are several reasons to be concerned including:

Legal: the law protects certain species of plant and animal. Breaking the law leads tofines, costs, a criminal record and possibly a prison sentence. Further, the negativepublicity and reputation that may ensue can have serious commercial implications.

Costs: delays to the works schedule and failing to take into account legislative andplanning requirements at the start can lead to extremely high costs. This illustrates theneed to factor in the time required to undertake the appropriate surveys and follow-upwork as part of the project planning process. Also, any constraints imposed by the“seasonality” of survey and potential pre-construction mitigation work will need to beaddressed at this stage.

Good practice: why destroy or damage wildlife when it is avoidable and unnecessary?Most construction can take place while minimising harm to wildlife and if doneproperly, it can improve wildlife as well as the reputations of those involved.

People: people like wildlife, and that includes people who work for the constructionindustry and their families. They are not happy if they think their company orcolleagues are behaving irresponsibly towards wildlife. Local people may becomeconcerned if their local plants and animals are threatened with damage or destruction inany way.

Know the site and its wildlife: all these factors make it clear that when there is a site towork on that has any wildlife interest, everyone involved in the development, designand construction processes needs to be aware of their roles and responsibilities. Theyneed to know what the wildlife interest is, where it is to be found and what should andshould not be done to ensure that the law is complied with and good practice isfollowed.

Penalties

Offences are punishable by fines of up to £5000 per offence and may also include prisonsentences of up to six months. Any vehicle used to commit the offence may be forfeited.The company and/or individuals may be held liable. Penalties may be higher wheredealt with in a Crown Court or High Court (Scotland).

CIRIA C69110

The World Wildlife Fund (WWF) estimates that the human population depends on more than 35 000plant species for medicine alone. New discoveries in drugs that are derived from plants continues, forexample:

� modern research has shown that a substance contained in the shoots of yew has potential as ananti-cancer drug, particularly in the treatment of ovarian cancers. Also, homeopathic remediesmade from the young shoots and berries are used in the treatment of many diseases includingcystitis, headaches, heart and kidney problems and rheumatism.

� foxglove is the source of digitalin and digitoxin, which have diuretic properties and are also used totreat heart disease

� a prickly plant called Xhoba that is found in the Kalahari Desert is known by the local tribes peopleto have appetite inhibiting properties. The plant is now being used to develop a drug to help peoplesuffering from obesity.


The Environment Agency in England and Wales will start using new enforcementpowers, called civil sanctions, from 4 January 2011 under the Environmental CivilSanctions Order and Regulations 2010. Civil sanctions can be used against a businesscommitting certain environmental offences, as an alternative to prosecution andcriminal penalties of fines and imprisonment.

They allow the Environment Agency to take action that is proportionate to the offenceand the offender, and reflect the fact that most offences committed by businesses areunintentional. The Environment Agency will still be able to use criminal punishmentsfor serious offences.

The UK Government believes civil sanctions will make environmental law enforcementmore flexible and effective for both regulators and businesses. Environment CivilSanction Orders came into force in England on 6 April 2010 and in Wales on 15 July2010. Natural England will also be able to use the new civil sanctions at a later date (seeUseful websites).

Case study 2.1 Development in floodplains


Figure 2.3

Building onfloodplain

Building in floodplains may be inappropriate, especially with the prospect of climate change. However,its effect is not restricted to losing flood storage capacity, which increases the risk of people’s homesbeing affected by flooding. Construction in floodplains often results in the loss of, or damage to, someof the most precious wetland habitats such as wet meadows, reedbeds, alder and willow carr, with afurther loss of species. Well designed and adopted projects, such as the Jubilee River (the Maidenhead,Windsor and Eton flood alleviation scheme) can be beneficial to people in reducing flood risk andproviding a recreational resource, while at the same time creating large net gain in areas of newwildlife habitat.


2.4 What can be done?

First it is important that all those responsible for a project accept ownership for its effecton wildlife. If at any time anyone involved in a project is considering actions that wouldlead to adverse effects, they should consider “what would I think if this happened in myneighbourhood?” and “how would my children feel if...?”.

Consider the various parties involved in or with the construction industry and whattheir role may be in respect of wildlife as summarised in Table 2.1 and covered infurther detail in Chapter 6.

Table 2.1 The consequences of getting it wrong

CIRIA C69112

Role What if? Result What should happen?

Clie

nts

(incl

udin

g go

vern

men

t de

part

men

ts,

hous

ebui

lder

s an

d de

velo

pers

)

� the site isimportant forwildlife?

� the client’s teamhave nounderstanding orcommitment towildlife issues?

� no planningpermission

� planning permissiondelayed

� bad publicity.

� avoid sites designated as beingimportant for wildlife wherepossible

� select a team withunderstanding and commitmentto wildlife conservation

� instruct the team to ensure thatwildlife is taken into account inthe design, adoption andoperation of any constructionprojects

� as a minimum, ensure that staffare instructed to comply fullywith all wildlife legislation

� train staff using this guide.

Pla

nner

s/de

sign

ers

� commission thewrong surveys atthe wrong time ofyear?

� don’t leaveenough time forsurveys or foracquiringlicences?

� ignore wildlifeissues?

� no useful informationcollected. Surveyshave to be repeated

� planning permissionrefused or delayedbecause ofinadequateinformation

� opportunities formitigating effects andwildlife improvementsoverlooked

� unable to obtainlicences.

� ensure that all relevant surveysand assessment of the wildlifeinterest of a site are givensufficient time to be undertakenat the right time of year and thatthe results are incorporatedwithin any mitigation,compensation or improvementschemes

� where possible avoid importantwildlife areas within or adjoininga site

� avoid effects on protected andBAP species where possible

� ensure that mitigation,compensation or improvementschemes are incorporated withinthe final scheme design


Con

trac

tors

� are not aware ofwildlife issues onsite?

� wildlife issuesare not takeninto account byconstructionprogramme?

� indirect effects ofconstruction arenot taken intoaccount?

� delays and associatedcosts, potential finesor imprisonment,especially if protectedspecies are affected

� delays to programmeand associated costs

� unwittingly harmwildlife and suffer theconsequential delays,fines, bad press etc.

� be aware of any undertakingsmade by the client, planner ordesigner in respect of wildlife

� ensure that the wildlifeopportunities and constraintsthat the construction site bringsare understood, and that theconstruction programme takesthem fully into account

� if necessary use ecologists tocarry out a watching brief



Case study 2.2 Importance of communications on site


Although a badger sett had been cordoned off with chestnut paling fence on this constructionproject, the driver of a tracked excavator crashed through the fence – narrowly missing the sett,and prosecution.

This shows how important it is that all site staff are informed about sensitive wildlife and theirhabitats on site.

Lessons that can be learned from incidents like this are:

� fencing on its own may not be enough

� areas to be avoided must be well signposted

� all staff and subcontractors should be briefed

� it only takes a few moments for heavy construction plant to do severe damage that cannot beundone.


3 Basic ecological concepts

To understand what ecology is all about and how it works, it is necessary to know a littleof the basic science behind it. This chapter introduces some of the main ecologicalconcepts. Many of these are “common sense” but it is important to be aware that whatfollows is an oversimplification – there are many exceptions.

3.1 Who eats what and why? Ecosystems and food chains

Ecosystem: the concept of the ecosystem is one of the cornerstones of ecology. Anecosystem is a complex web of interactions, linking living (plants and animals) and non-living (air, water, soil etc) parts to form a relatively stable system – rather like a companyor an organisation, but more complicated and less hierarchical. When everything isworking as it should, the ecosystem is healthy (or a company is successful). For example,an ecologically well-balanced pond more or less looks after itself. Plants help tooxygenate the water and absorb nutrients, and animals of all shapes and sizes thrive inthe clean water, living on the plants and each other. Disturbing it through pollution orintroducing something inappropriate into it, and soon the pond can resemble a nasty,smelly, mosquito ridden swamp.

Ecosystems vary from a small puddle to global in scale. It is important to remember thathumans are part of an ecosystem as well. If the ecosystems are altered the changes willaffect humans as well as other animals and plants.

Food webs and supply chains: some of the main links between the various componentsof an ecosystem relate to energy flows. Without green plants there would be no life onearth, as they alone are able to capture the sun’s energy and convert it into living matter.As the herbivores (plant eaters) feed on this living matter, they convert the energy theplants have captured into flesh and blood, which provides food for the carnivores (meateaters) and, in turn, for the top carnivores or predators such as foxes, badgers and birdsof prey. This concept is known as a food chain, although in reality it is far more complexthan a chain, as many species interact with each other along each step of the way. It isbest described as a food web. Development of a site can disrupt this web unintentionally,putting some of the rarest species and our top carnivores under threat, despite havingno direct affect on them.

The concept of the food chain is not dissimilar to the supply chain that keeps theconstruction industry going. What happens when a supplier provides unusable materialor fails to show up on time? The business suffers. Now imagine the same scenario, butthis time life depends on that supply chain: what would the consequences be?

3.2 The natural energy cycle

Food webs are all about energy flows. Energy developed by photosynthesis in plantspasses through successive animal consumer levels where many small organisms areeaten by fewer larger ones. This can be characterised as a pyramid of numbers fromabundant to few (see Figure 3.1). At the basic level there are plants, many that are foundin abundance, which form the primary producers. Plants do not contain a great deal ofenergy so at the next level the relatively less abundant primary consumers need to eat afair amount to keep going.


Figure 3.1 The pyramid of numbers from primary producer to top carnivore

At the next level, the secondary consumers need to eat a good weight and severalprimary consumers to keep them going. For example, a shrew will eat its own bodyweight in worms every day to gain the energy it needs.

Finally there is the tertiary consumer, for example a bird of prey, which despite beingrelatively few in numbers, will need a large number of shrews or other small mammalsto stay alive. What we end up with is a pyramid of numbers decreasing towards the top.The members of each successive level generally increase in size but decrease in numberso that there will be sufficient food for all.

The food web is completed by the death and decomposition of plants and animals toprovide for the recycling of nutrients – to nourish the plants. In construction terms,clearing a greenfield site means no plants, no field voles to feed on the plants, and novoles for the owl that lives in the barn a mile away. While there is no direct affect on theowl from such a project, there is an indirect one. If there happens to be several indirecteffects on the owl at any one time, it can result in the loss of the owl from that area.

When plants and animals die they return some of the building blocks of life back to theearth. This is called nutrient recycling, which is where the whole cycle starts again (seeFigure 3.2). Nutrient recycling is an important part of the whole system. Organisms,such as bacteria and fungi called decomposers or reducers, are needed to break downdead materials to recycle the nutrients they contain. These nutrients are then taken upby the roots of green plants and used to create the structure of the plants. They arepassed up the food chain, being returned to the soil every time something dies (or losesa leaf or a branch etc). This illustrates why it is important to store soil properly on site.Storing it badly can destroy its capability to recycle nutrients and possibly even removenutrients from the soil. It can take degraded soil many years to recover.


Owls

Shrews

Worms, snails,beetles

Plants primaryproducer

Number of individuals


Figure 3.2 Nature’s waste management plan

3.3 How stable is an ecosystem?

Carrying capacity: ecosystems do not have the capacity to support infinite numbers ofany one particular species. Each species within an ecosystem has a top limit in terms ofpopulation numbers that the ecosystem could possibly support: this is known as thecarrying capacity. Carrying capacity for any one species is different from that of otherspecies within the same ecosystem, and is affected by many factors. These include typeand size of ecosystem, number of births and deaths, immigration into the ecosystem areaand emigration out, abundance of the food source, abundance of any predators etc.Carrying capacity of an area for any particular group of plants and animals will differfrom week to week and from season to season.

Box 3.1 Upsetting the fragile balance on an ecosystem: introduction of rabbits in Australia

CIRIA C69116

When European rabbits were introduced to Australia they reproduced so fast, they quickly became athreat to local wildlife. Attempts to control the rabbit population by spreading myxomatosis, a viraldisease, caused new problems. The virus began affecting other animals, such as domestic cats, whilethe rabbits became resistant to it and continued to spread.

Figure 3.3Rabbit (courtesyVicky White)


When a species is introduced into a new ecosystem (see Boxes 3.1 and 3.2), it maydramatically increase in numbers at first, in time levelling off to the carrying capacity. Insome cases, the introduction of a species that can exploit a vacant niche (more strictly anecological niche – the role that a plant or animal plays within the community of itsecosystem), or one that is not controlled by any of the existing relationships within theecosystem, may result in the population of that species becoming a dominant force.

Box 3.2 Upsetting the fragile balance on an ecosystem: introduction of hedgehogs in the Hebrides

Not only do populations of individual species within an ecosystem vary over time, butthe ecosystem also changes. These changes are usually related to:

� the maturity of the particular ecosystem

� environmental changes such as climate or water table

� intervention by people.

Communities and succession: these concepts are illustrated by the colonisation of baresoil or rock. The first community (any group of populations of different organisms livingtogether in a particular environment) often comprises mosses or lichens. As these dieand decay, slowly a shallow soil starts to form that enables other plants (and animals) tocolonise – grasses and herbs begin to dominate. With an increase in the depth of soil,shrubs and trees and their associated plant and animal life are able to take over, and soit progresses. This process is called succession and each of the stages in the process iscalled a sere or seral stage (see Figure 3.5). Over most of the UK, if succession wereallowed to progress in its own way it would create a climax community (the most stableseral stage) of broad leaved woodland.


In a more recent example, hedgehogs were introduced to the Hebridean Islands to control slugs. In theabsence of predators, the hedgehogs spread too fast and ended up exploiting the eggs of ground-nestingbirds to such an extent that the existence of some of the rarer species was threatened. There is now aprogramme to eradicate the hedgehogs from the islands that has attracted the attention of animalwelfare groups and raised public concern. So it is important to be aware of introducing new speciesunless it is known how they are going to respond to the local ecosystem.

Figure 3.4Hedgehog


Figure 3.5 The process of succession and how it is disrupted by ecosystem change

Climax communities are often extremely diverse in terms of the wildlife that theysupport so they are of great nature conservation importance, for example ancientwoodland (an area that is believed to have been continuously covered by trees sincebefore 1600). However, often in the UK people disrupt the successional process and theecosystems are held at an earlier seral stage. Two examples are:

1 The UK people disrupt the successional process and the ecosystems are held at anearlier seral stage. For example, in the past, ancient woodland was cleared for,among other things, agricultural use creating habitats such as chalk grassland,which were used for sheep grazing. Today sheep grazing has ceased on many ofthese chalk grassland areas and they have either been ploughed up or they arebeing taken over by scrub, as succession leads them towards becoming woodlandagain. However, chalk grassland is an important habitat type for certain plants andanimals, and much effort is put into clearing the scrub to retain the chalk grasslandas a wildlife resource.

2 The introduction of fertilisers to grassland areas or into rivers can quickly result inthe loss of a particularly valuable, nutrient-poor habitat type.

Humans have had a vital role in creating much of the wildlife and habitats that arevalued today.

CIRIA C69118

resulting fromgrazing, burning,

deforestation

DeepShallow

HighLow

Pioneercommunity

Anthropogenicclimax

Primary climaxcommunity

Biological diversity

eg primary forest

Many speciesFew species

Biomass

Soil

Pioneercommunity

Secondaryclimax

community

Primary climaxcommunity

Pioneercommunity

Ecosystemdestruction

eg secondary forest

trends during succession

seralstages

seralstages



Figure 3.6

Urban woodland often occursbecause of recolonisation by treesof a previously cleared site

Figure 3.7

The early stages ofsuccession areoften dominatedby mosses, lichensand ferns, whichare able tocolonise rocks andstony ground

3.4 Habitats and species

A term that is frequently used by ecologists, and has already been used in this guide, ishabitat. Habitat can be defined as an area possessing uniformity of land form,vegetation, climate, or any other quality assumed to be important. Usually, in terms ofsite assessment and management, it is uniformity of vegetation that characterises ahabitat, for example oak woodland, reedbeds, bramble scrub and so on.

Another term regularly used is species. To understand what is meant by the term, it isimportant to know a little about taxonomy (see Box 3.3), which is the scientificclassification of plants and animals. It is also important for accurate identification ofplants and animals.

First there are the plant and animal kingdoms (and several kingdoms of microorganisms). Within these kingdoms there are several Phyla such as Phylum Annelidathat includes earthworms and Phylum Bryophyta that includes mosses. Divisions belowthis include class, order, family, genus (plural genera) and species.


Box 3.3 Taxonomy

So, while much of the time local names for plants and animals will suffice (badger, gianthogweed, blackbird), it is usual in ecological reports to use the scientific names as well toavoid confusion. These are usually given in italics, for example badger (Meles meles),giant hogweed (Heracleum mantegazzianum) and blackbird (Turdus merula). These scientificnames comprise the genus to which the plant or animal belongs starting with a capitalletter, and its species name in lower case.

Box 3.4 The effect of development and construction on ecological processes

CIRIA C69120

Eurasian badger (Meles meles) – the species of badger found in the UK:

Animal Kingdom

Phylum Chordata (possessing aspinal chord)

Class Mammalia (mammals)

Order Carnivora (carnivores)

Family Mustelidae (weasel family)

Genus Meles

Species Meles

Figure 3.8

Eurasian badger

Development of a site may affect the wildlife habitat that many species depend on, or it may affect oneor more individual species directly. If a habitat is lost, the ecosystem that goes with it is also lost. Whilethe main components of the habitat can be replaced, for example by planting, it is far more difficult toreplace the ecosystem. It may be years before it fully recovers, if at all. It is always better to avoiddestroying or damaging wildlife habitat rather than having to compensate for its loss. Newly createdhabitat is never quite the same thing as the original. Even translocation of habitat can result in changesto the ecosystem.

In some cases where habitats are successfully replaced, but the management that held them at a certainseral stage is not, succession then takes place naturally. As a result, the original habitat that everyonewas committed to restoring is then lost. In other cases, species of plant are lost as part of a habitat andto compensate planting and seed sowing takes place. But sometimes the new species that areintroduced are not quite the same as the originals or may be derived from a different population, varietyor sub-species (particularly if seeds are not acquired from local plant stocks). Once again the result issomething that is different from what was there originally. It may be only a subtle distinction but it couldbe critical for the survival of certain local species involved in the translocation of habitat.

As already indicated, avoiding effects should always be the first option. If this is not possible, mitigationmeasures should be devised. Translocation should only be considered as a last resort, and it should beconducted with great care using the best available techniques and expertise.


4 Ecology and construction

Now that ecology has beenexplained, it is necessary tohighlight the specific consequencesthat development and constructionactivities can have on wildlife.

4.1 How development and construction can affect ecology

Most proposed development sites will have some wildlife interest, whether they aresituated in rural or urban areas. The most important wildlife sites are usually designatedin some way (see Chapter 6). Other sites may still have wildlife interest, but are notdesignated or otherwise protected. The more important a site is for wildlife, or if itcontains legally protected species, the more care will have to be taken regarding theplanning, design and construction of whatever development is intended. In general,where there is some wildlife value within a site, this should be acknowledged and thepotential adverse effects avoided, or otherwise reduced to a minimum.

Ecosystems are a complex web of inter-dependencies. Without the framework of themore common habitats and species, the rarer ones often cannot survive. The loss ofseveral small areas for wildlife may not appear significant, but when considered thecumulative effect can be significant. Such losses can jeopardise the survival of wildlifeassociated with more important sites in the same area and beyond.


Figure 4.1 Badgers can turn up unexpectedly onconstruction sites – although notusually in daylight


CIRIA C69122

Case study 4.1 Protecting swifts on a Cambridgeshire housing scheme (courtesy Kier Partnership Homes)

The construction industry can affect wildlife in many different ways, for example,through direct habitat or species loss, fragmentation of habitats, or disturbance. Also,effects can be permanent or temporary, direct or indirect.

Direct habitat and species loss: the development of a site may mean that an area ofwildlife habitat is lost. That habitat will support various plants and animals, and so thesewill also be lost or displaced. While in most cases the industry tries to avoid harminganimals, inevitably during the clearance of a site some animals will be killed, even if theyare the less obvious species, such as invertebrates. Where habitats and species have beenidentified as being particularly important, special measures may need to be taken, eitherto avoid or minimise the loss or to mitigate it during the development process. Habitatloss may not always be obvious. For example, the refurbishment of a building includingre-pointing of brickwork and replacement of the roof may result in the loss of valuablehabitat for nesting birds such as swifts or house martins, for roosting bats, or for plantssuch as mosses or ferns.

Figure 4.2

Swift roof access (courtesyKier Partnership Homes)

Kier Partnership Homes (KPH) is working to regenerate the Windmill Estate in Fulbourn by demolishing150 1960s built houses and replacing them with 250 modern new homes for social landlord AccentNene. The eaves of the old flat-roofed houses provided extremely attractive nesting sites for swifts,which like to breed in inaccessible cavities high up in buildings. Their numbers in the UK have steadilydeclined in recent years, partly due to the way new houses are being designed.

To ensure the swifts are not completely lost from the village KPH, with guidance from the SwiftConservation organisation and the local authority, provided large numbers of specially-made nestingboxes throughout the new estate. One type is simply fitted to the gable, while another type is built intothe cavity wall.

Kier employed a consultant ecologist throughout the summer to monitor the swift colony to discoverthe numbers of pairs involved and the buildings in which they nested. This meant Kier could be sureall the birds had safely completed breeding and migrated before they started the second phase ofdemolitions at the end of the summer.


Figure 4.3 Linear projects such as roads and railway lines create a barrier dividing existing habitats and causing fragmentation

Fragmentation: this is almost as bad for wildlife as direct habitat loss. It is when an areaof habitat is split into two or more parts, usually with a different type of land-usebetween the parts. In terms of construction, linear projects (see Figure 4.3) often areresponsible for fragmentation of habitats. A road, railway or pipeline passing through awood or over a meadow, for example, not only results in the direct loss of habitat, butthe fragmentation of the remaining parts, dividing habitats and making it more difficultfor flora and fauna to maintain viable populations.

Even when two areas of land are the same size as the original unit, they may supportfewer species. So, fragmentation of habitats still results in fewer species, despite the totalamount of habitat being the same as it was originally. Animals may still try to crossbetween the two areas of habitat and, if a road or a railway lies in between, animaldeaths may occur. For example, it has been estimated that 50 000 badgers are killed onUK roads each year. So, where possible, avoid fragmentation and take opportunitiesprovided by the project to create linkages between similar types of habitat.

Disturbance: during the construction and/or operational phase of a development,disturbance due to increased human presence or from noise or light pollution may havea detrimental affect on animals such as preventing them from breeding successfully orfrom feeding in the area. This may lead to their temporary or permanent loss from thesite. So, ensure that the most sensitive areas of the site are highlighted and recognisedby all staff and, where possible, ensure that potentially disturbing activities are kept wellclear of such areas, especially during the breeding season. It is illegal to disturb severalspecies of animal including great crested newts, bats or dormice.

Also, physical disturbance can have a negative effect on wildlife. For example, alteringthe structure of soil by compaction or other means can result in the loss of species, and achange in the habitat type. Adversely affecting the hydrology of a place may similarlyresult in the loss of species and changes in habitat type.

Types of damage or loss: some wildlife loss or damage associated with construction maybe permanent, ie once gone, gone forever. Others may be temporary, for exampleeffects may be experienced during the construction process, but (sometimes withinterventions such as habitat creation and management) habitats and species may returnin due course. Other effects may be direct, for example the loss of a tree with a bird’s


nest in it or the loss of a water vole burrow if a stream is being in-filled. However, somemay be indirect, such as the fragmentation of a bird’s feeding territory that results in itno longer being able to survive in that area, or the pollution of a watercourse that affectshabitats used for fish spawning downstream. When planning and designing aconstruction project, it is important to avoid permanent damage if at all possible and toconsider indirect as well as direct impacts.

Figure 4.4 Peat bogs take thousands of years to develop. Once destroyed, for example to gain peat compost for gardening, they are irretrievably lost

When considering indirect effects, it is important to consider the supply chain.Materials, products and services, and the way they have been sourced and procured,may have a dramatic effect on wildlife resources in the UK or elsewhere. For example,the purchase of timber, if it has not been sourced from a sustainably managed forest,may result in the loss of rare and valuable plants and animals, including those that couldprovide medically important drugs. The use of peat as a soil improver in landscapedesign has resulted in the loss of some of Britain’s most important wildlife sites and isthreatening important areas overseas. Fortunately there are alternatives to peat basedcompost, which usually contain mixtures of organic materials, eg composted bark, coir(coconut fibre), woodfibre and green compost, mixed with inorganic materials such asgrit, sharp sand, rock wool and perlite. Various brands of peat-free compost areavailable on the market.

Introducing pest species or causing them to spread: not all species of plant or animalare considered desirable. Feral pigeons, rats, and plants such as Japanese knotweed (seeFigure 4.5), can pose problems to development if not handled correctly. Carrying outgood practice and keeping within the law in dealing with these species are as importanthere as they are in tackling the other potential effects described earlier.


Figure 4.5 Having Japanese knotweed on a site can easilylead to unintentionally spreading the plants unless preventative measures are taken

Failure to consider the long-term: to maintain the conservation status (see Box 4.1) ofany protected habitat or species, it is important to consider the long-term issues thatmay affect their status, and not just what needs to be achieved during development.These long-term issues will include the security of a site, management and policing. ForEuropean Protected Species (EPS) these are likely to become mandatory considerationsin the future and bodies such as CCW are already actively considering how toincorporate them through guidance on protected species.

Box 4.1 Favourable conservation status

Landscape design and management: in many cases, landscape design will accompany aproject to make the development more attractive and to compensate for any loss ofwildlife habitat. But insensitive landscape design and adoption can be ecologicallydamaging and can lead to further wildlife degradation in the local environment. Where


One of the main planks of nature conservation is the retention of favourable conservation status (FCS).For licences granted under The Conservation of Habitats and Species Regulations 2010 the applicantmust demonstrate that FCS will be maintained by the proposed works and associated mitigation. Forworks not governed by this legislation the maintenance of FCS is still considered to be the principal aimof any mitigation, compensation and improvement measures. The European Community (EC) HabitatDirective defines FCS as:

The conservative status of a natural habitat will be taken as “favourable” when:

� its natural range and areas it covers within that range are stable or increasing

� the specific structure and functions that are necessary for its long-term maintenance exist and arelikely to continue to exist for the foreseeable future

� the conservation status of its typical species is favourable.

The conservation status of a species will be taken as “favourable” when:

� population dynamics data on the species concerned indicate that it is maintaining itself on a long-term basis as a viable component of its natural habitats

� the natural range of the species is neither being reduced nor is likely to be reduced for theforeseeable future

� there is, and will probably continue to be, a sufficiently large habitat to maintain its populations ona long-term basis.


possible landscape design should create links with existing wildlife areas and reduceshabitat fragmentation, reflect local habitats and species, and use species that are foundin (and sourced from) the local environment. Use of exotic (ie non-indigenous) speciesthat are less well suited to supporting native species should be avoided in most cases.

However, not all construction projects have negative effects on wildlife and ecology.With careful planning, and by working closely with a site ecologist, construction projectscan offer numerous opportunities to improve the wildlife value of a site (as described inSection 4.2).

Box 4.2 Sources of ecological information

4.2 What can the construction industry do to maximiseopportunities for ecological improvement and to minimiseadverse effects?

First the industry has to know the site and the wildlife found on it. Measures to ensurethat this is the case should be applied as early in the project process as site selection. If aclient is considering acquiring a site that may be of special value for its wildlife, delaysand difficulties in getting approvals are likely, particularly if it is of national orinternational importance. So, find out:

� whether the site, or any areas adjoining it, are designated as being of importancefor wildlife in any way

� whether protected species of animal or plant are present/have been recorded asusing the site, even if the whole site is not designated

� are any parts of the site of particular importance for wildlife (ie interests that mayconstrain or even prevent development)?

If any of these apply to a site being considered for purchase, it may be wise to consideralternative locations. To help the ecological assessment and improvement process, it isgood practice and beneficial to employ an ecologist. Ecologists are not only able to carryout the necessary surveys but also understand the planning, legislation and licensingsystem (see Section 8.3).

Once a site has been acquired and proposals for it have been formulated, it should beensured that its ecology and any special interest is known and understood. This can bedone by searching for existing data. Often local organisations will have some knowledgeof the site or at least the general area where the site is situated and can provide wildlifedata, usually for a fee.

CIRIA C69126

Local bodies that may have data on a site include:

� the SNCO, Natural England, SNH, CCW, Northern Ireland Environment Agency (NIEA) and the JNCC

� the local authority (many now employ ecologists)

� the local wildlife trust (normally organised on a county/urban area basis and typically a memberof The Royal Society of Wildlife Trusts, a national organisation)

� the local natural history society (may go by a variety of different names depending on the region,for example, the natural history society, field club etc)

� local wildlife recorders (often associated with the natural history society or a specialist group suchas the local bird watching society, badger group, bat group or reptile and amphibian group), whowill have information on a special group of plants or animals, for example, mosses and lichens,beetles, badgers, bats and birds

� local biodiversity action plan partnerships and co-ordinators.


4.3 Ecological survey

When no recent existing ecological data are available for a site, then a site specificecological survey (see Figure 4.6) should be carried out. This may form part of anoverall, formal environmental impact assessment of the site (see Section 6.1) or may be astand alone piece of work. In either case, the content and duration of an ecologicalsurvey will depend to a large extent on the nature of the site, and normally a broadhabitat survey will be carried out first. Such surveys are called Phase 1 habitat surveysand follow a format laid down by the JNCC.

Further guidance on when and how to carry out surveys and assessments is given inChapter 5.

Figure 4.6 Detailed surveys especially of protected species may take months to complete

Depending on what is discovered about the site, a Phase 1 survey may be followed bymore detailed Phase 2 surveys of specific groups of plants and animals. The timing ofthese surveys is critical. Many plants and animals are not evident at certain times of year– carrying out surveys at these times will be of limited use in judging the interest of asite. Also, the evidence of plants and animals varies throughout the year from season toseason, and may be weather dependent.

The time and season of year, the number of visits that are made to the site, and theweather conditions at the time of the survey, together with the type of survey beingcarried out, all have an important bearing on the validity of any conclusions that aredrawn about the ecological value of a site. So it is recommended that an ecologist isconsulted early on in the planning stage of a development, not least to ensure that issuesof seasonality and numbers of visits are factored into any surveys that are commissioned.Do not expect a full and exhaustive ecological survey if a report is required within amonth of commissioning it. If ecology happens to be an important aspect during theplanning process, an inadequate report will not help the case for development.


Key guidance

Be aware that detailed surveys, especially of protected species,may take months to complete. In some cases a surveyprogramme of 12 months or more may be necessary.


4.4 Review opportunities

Once there is a better understanding of the wildlife interest on the proposeddevelopment site an assessment of the likely effects can be undertaken. This will help tomaximise opportunities for improvement and to avoid or minimise any adverse effects.Use the data gathered to inform the design of the proposed project rather thandesigning in ignorance of this information and having to undertake costly and timeconsuming remedial works in the future.

Is it possible to carry out any habitat creation on site or is improvement needed throughmore appropriate management of existing habitat (see Box 4.3)? Habitat creation couldinclude, for example, a new pond designed to attract amphibians and dragonflies – thenumber of ponds in the UK has declined dramatically since the early part of the 20thcentury. Other examples of habitat creation could include areas of woodland or scrub,or a wildflower meadow or, in urban areas, the construction of a green roof.

Box 4.3 Improve

Individual flower species can be catered for by planting them in specially designatedareas of the site, and animals such as birds, bats and dormice can be helped by erectingspecial nesting and roosting boxes (see Figure 4.7). It is possible to get special bird andbat bricks that can be inserted into the walls and roofs of buildings: these areparticularly important in urban situations where space is limited. Why not considerbuilding these into other structures such as bridges or culverts?

Figure 4.7 Bat access brick

CIRIA C69128

Improvement may entail improving the management of existing habitats, for example by:

� removing species of plant or animal that are threatening to change the character and interest ofthe habitat

� introducing plants or animals that are absent from a habitat type where they would normally beexpected

� manipulating local environmental conditions such as soil or water levels to ensure that they areappropriate for the habitats and wildlife species that are or would be present on site

� introducing habitats or structures that will attract specific species of animal

� removing pollutants, contaminants and litter from existing habitats

� controlling access by people


Also, consider how it might be possible to reuse surplus materials on site to createopportunities for wildlife, for example by using rubble and soil to create reptile oramphibian refugia, using felled trees and scrub to provide dead wood habitat etc.

If possible adopt the guidance by PIANC (2008), which sets out to identify ways ofachieving project objectives by working with natural processes to deliver environmentalprotection, restoration or other improvements. This “green infrastructure” approachworks with and uses natural processes to provide wide ranging benefits that may be lessexpensive and more sustainable than traditional solutions. At the time of writing CIRIAis preparing guidance on delivering biodiversity benefits through green infrastructure.

Figure 4.8 Dormouse box

Case study 4.2 Problems and pitfalls of habitat translocation


A developer was seeking planning permission for a superstore on a site. The site was not formallydesignated, but had been surveyed by a local wildlife trust and found to be the “best meadow of itstype in the county”, with heath spotted orchids and “all the unusual and rare meadow plants”. It hadbeen suggested that the site should be designated a SSSI, but this had not happened.

The Wildlife Trust suggested that the species rich area should be translocated. The developer agreedand donated £27 000 to fund the work. The SNCOs donated £5000 and the Wildlife Trust £3000.Trust members drove around the countryside urgently looking for a promising receptor site. Thetranslocation of 7500 m² sward was conducted using free labour from a government employmentinitiative.

However, the translocated turfs were uneven and had several gaps so that it was too dangerous foranimals to graze them during the first year following translocation. Also, the receptor site was wetterthan expected, and reeds and sedges are now dominant. The result is that nearly all other speciesin the translocated sward have disappeared.


Case study 4.3 Development of habitat from previously used land: Ripon Quarry, Yorkshire

4.5 Assessing and avoiding negative effects

Any development or construction should be designed so as to avoid negative effects onecology. Where important habitats or species have been identified on a site, design thedevelopment and carry out the construction process to avoid destroying or disturbingthese. Here, along with protected species or designated habitats, “important” alsoincludes all elements of the site identified from the ecological survey because they arelikely to contribute to maintaining the integrity of a species’ population (for example,wildlife corridors or main foraging areas) or because they significantly add to the overallbiodiversity value of the area. The creation of buffer zones should be considered aroundthe most important areas to protect them both during and after construction and, ingeneral, retain existing green infrastructure and avoid fragmentation of habitats. To dothis will ease the planning approval process and can help with acceptance from the localcommunity.

Where disturbance or destruction of habitats is unavoidable as part of the development(ie assuming it is necessary and has been approved by the various relevant bodies suchas the Environment Agency, the SNCO or the local planning authority), sufficientmitigation or compensation (see Box 4.4) within the development to at least retain orreplace some of the interest either on site or within the local area should be ensured.Mitigation usually means specific measures taken to reduce adverse effects on wildlife toan acceptable level, whereas compensation describes measures that are taken to offsetsignificant residual effects, ie those that cannot be entirely avoided or mitigated to thepoint that they become insignificant. Much of this will be guided by legal requirements(often unavoidably prescriptive particularly in designated sites) and accepted goodpractice, and will include, among other things, periods of time when works that mayaffect protected species cannot be carried out.

CIRIA C69130

The 38 ha quarry site was surveyed in 1999. Most of the site was arable land with small areas ofsemi-natural habitat. It is next to the Ripon Park SSSI, and High Batts, a private nature reserve, buthad no designation.

The quarry had been used for the extraction of sand and gravel. A restoration plan, developed inconjunction with the local authority and local conservation bodies, proposed the creation of lakes,reedbeds, woodland, wet grassland and scrub for nature conservation and amenity, with some landbeing returned to agricultural use. Opportunities were taken to develop the habitats for a range ofspecies identified from the area around the site. These included thistle broomrape (listed in Cheffingset al, 2005), 14 birds, which are either UK BAP priority species or on the red or amber list ofconservation concern, otter and five species of nationally notable moth (see Section 6.7).

A comprehensive management plan for all areas of the site, including recording and monitoring, hasbeen produced for consultation.


Box 4.4 Mitigate or compensate?

Where possible, mitigation and compensation should be undertaken on site. In somecases this may not be possible so an alternative site close by may be selected instead foroff-site compensation measures. Compensation can also include the provision of fundsor other resources to ensure that an existing wildlife resource close to the developmentis better managed than it would be otherwise, so improving its wildlife interest. Thishierarchy is described in Figure 4.9.

Figure 4.9 Ecological hierarchy

Box 4.5 Avoid


� consider the layout and design of the proposal to reduce the scale of effect on important ecologicalreceptors

� consider the timing and methodology of construction to reduce effects (eg scrub clearance duringwinter to avoid effects on nesting birds)

� move the affected habitat or species to another part of the site (or in extreme circumstances off-site), often called translocation

� create new wildlife habitats. If possible, these should extend existing wildlife habitat or if not, behabitats that are found in the local area. Habitats that are subject to a local habitat action plan (HAP)or that support species that are subject to a species action plan (SAP) are particularly important tocreate. This can include creating habitats in urban as well as rural areas. For example, wastelandhabitat can be created at ground level or on the roofs of buildings using material such as crushedbrick or concrete to create an extensive green roof

� introduce new structures for animals, such as bird boxes, bat boxes, reptile refuges and hibernacula

� create or improve natural corridors to link existing wildlife habitats and to try to reduce the effectsof fragmentation.

Compensate

Avoid

Mitigate

Enhance

� carrying out construction activities in designated or other sites of recognised wildlife importance

� destroying important wildlife habitats on-site or severing those that act as buffer areas for, orcorridors between, wildlife areas

� disturbing or damaging habitats and resting places for protected species

� fragmenting existing areas of habitat.


Case study 4.4 Development of habitat from previously used land: Thomas Lawrence Brickworks,Bracknell

Case study 4.5 Changes to site development plans to protect great crested newt population: Orton BrickPits, Peterborough

4.6 Scale and location

The larger a development site, the more potential there will be both for destroying ordamaging wildlife, and for improving existing or creating new habitats. However, themore intensive the proposed development, the less opportunity there will be forimprovement or mitigation. In the latter case, off-site compensation may be the onlyalternative.

CIRIA C69132

Figure 4.10

Great crested newt (courtesyScottish Natural Heritage)

A 12 ha site, which is partly a Wildlife Heritage Site (WHS) (a local designation) and partly landfill, wasproposed for a new residential development of up to 190 houses and open space. On receipt of theplanning application, the council’s ecologist surveyed the site and found great crested newt eggs ina pond.

The applicant agreed to:

� remove an area of about 0.5 ha from the development to provide a reserve for the newts

� remove the proposed location of the open space so that it would retain those parts of the WHSthat were considered to offer the best prospects for retention in their current form.

“The largest colony of great crested newts in Great Britain” was revealed by an environmentalimpact assessment of this proposed 400 acre development site in 1991.

A newt survey estimated a population of about 30 000, which is 1/10 of Britain’s total great crestednewt population and the biggest known colony in Europe. The site was designated a SSSI in 1995,although it had been granted planning permission in 1993.

For the development to proceed, new ponds and habitat had to be created for the newts in a 290acre receptor site. The cost of the newt translocation was estimated at £3m and was paid for bythe developers.


Figure 4.11 On this site in London new wildlife habitat and a visitor centre were created as part of a housing development

Rural sites, especially those dominated by arable agriculture, may not always beimportant for wildlife. The mitigation and compensation measures associated withdevelopment can help make such sites of greater value for wildlife, better managed andmore accessible to people.

Urban wasteland sites (see Figure 4.12) are quickly disappearing from many towns andcities. Often, these represent some of the most important areas for wildlife and yet theyare also prime development sites. Opportunities for mitigation or improvement in aconventional sense are often restricted. However, more and more interest is beingshown in what can be done to the walls and roofs of the new development that replacessuch sites. For example, the creation of intensive and extensive green roofs can providesome compensation for the loss of wasteland habitat, and green walls can provide thevertical alternative to scrub habitat.

Figure 4.12 Urban wasteland sites have become a valuable resource for wildlifeand often accommodate rare and protected species


CIRIA C69134

This chapter does not solely refer to protected or special species, or designated sites.Many plants and animals in the UK are not protected by the law and yet they can still beimportant at the local or even regional scale. Some have been in long-term decline. Theemphasis of UK BAPs is on conserving what is important at the local level, whetherlegally protected or not. Securing the advice of an ecologist (see Chapter 8) about whatis and is not important is an important aspect of working with wildlife on developmentprojects, and can reduce later problems.

Box 4.6 Ecology and construction summary

Figure 4.13 Habitat development

A development project may offer opportunities to improve wildlife habitats, for examplethrough restoring a degraded section of river channel.

� find out about the wildlife interest of the site as early as possible in the development process

� if possible, seek to improve the wildlife interest of the site whether or not there is any damage orloss

� if there is a potential effect on wildlife resources, avoid it where possible or mitigate for it, and ifnecessary compensate for any damage or loss

� consider what can be done to buildings and structures to make them more interesting for wildlife

� in cases where on-site compensation is not possible, consider what can be done close by

� make provision for management and monitoring of wildlife resources following completion of thedevelopment.



5 Survey and assessment

Chapter 4 introduced some of the reasons for carrying out an ecological survey. Thischapter considers survey and assessment in more detail and in a wider context.

5.1 Environment impact assessment

An ecological assessment does not have to be undertaken as part of a developmentproposal or a planning application although now more planning authorities arestipulating that one is required. The benefits of carrying them out early in the planningprocess is that any potential issues can be dealt with in a sensible timeframe and thatopportunities to design with nature can be more readily achieved.

Ecological assessment of a site can take place at any time of year, although the value ofthe results may be restricted due to seasonal variations or constraints. It can take placeon any type or size of site, from a back garden in an urban area to a majorinfrastructure project affecting many miles of countryside. The great majority ofecological assessments are carried out to provide stand alone reports that will eventuallybe used to support a planning application for development. However, on larger projectsor those on more sensitive sites, an ecological assessment may well form part of a widerenvironmental impact assessment (EIA) (see Box 5.1).

EIA was formally introduced into the UK with the adoption of European Directive85/337/EEC in July 1985. This Directive has since been amended by European Directive97/11/EC, which is adopted in England and Wales through the Town and CountryPlanning (Environmental Impact Assessment) (England and Wales) Regulations 1999, inNorthern Ireland by the Planning (Environmental Impact Assessment) Regulations (NI)1999, and in Scotland by the Environmental Impact Assessment (Scotland) Regulations1999, plus various amendments.

The EIA Regulations apply to two types of project:

1 Schedule 1 projects, for which an EIA is required in every case, for example,construction of motorways.

2 Schedule 2 projects, for which EIA is required only if the particular project inquestion is likely to cause significant environmental effects on the environment byvirtue of factors such as its nature, size or location, for example, a motorway servicearea if the development exceeds 0.5 ha, an afforestation or deforestation projectand various types of infrastructure projects.


Box 5.1 Environmental impact assessment (EIA) (from CLG, 2000)

Other examples of where it is likely that an EIA will be required under Schedule 2would be if a proposed development affects a Site of Special Scientific Interest (SSSI) or, in Northern Ireland, Areas of Special Scientific Interest (ASSI), a National Park, aEuropean site or Area of Outstanding Natural Beauty (AONB) or National Scenic Area(NSA) (Scotland). Note that a Habitat Regulations Assessment (see Section 6.8) underthe Habitats Directive or the Wild Birds Directive is independent of that required underthe EIA Directive, but clearly relates to it.

Measures to mitigate for any significant adverse environmental effects have to beidentified to avoid, reduce or remedy those effects.

Local planning authorities (LPAs) and other regulators as well as environmental interestgroups are become increasingly concerned about the environmental effects of manydifferent development projects, so the principles of EIA are often applied to projectsthat do not fall into either Schedule 1 or 2.

Government guidance on how an EIA should be carried out, the stages involved and theenvironmental factors that need to be taken into account is available (CLG, 1999 and2000, and The Scottish Government, 2007). One of the main factors of the EIA processis that of mitigating for any adverse impacts (see Figure 5.1).

The environmental statement is the key product of the EIA process and the documentthat the LPA and other bodies will review to determine a planning application or otherform of development consent. The legislation prescribes the contents of theenvironmental statement but it must include a description of the measures envisaged toprevent, reduce and where possible offset any significant adverse effects on theenvironment.

CIRIA C69136

There is a legal obligation to carry out a formal EIA on certain projects that are likely to have significantenvironmental effects.

The assessment of effects should include:

� effects on human beings, buildings and manmade features

� effects on flora, fauna and geology

� effects on soil and landscape

� effects on water

� effects on the air and climate

� other indirect, secondary or cumulative effects associated with the project.

Assessing the potential effects of a development on ecology and wildlife is just one of many tasksundertaken by an EIA.


Figure 5.1 The EIA process – biodiversity considerations (after Byron, 2000)

5.2 What to survey?

Ecological assessment is often an important component of an EIA. The ecologicalassessment should follow a process that ensures its findings will carry appropriateweight in any decision made by the LPA or other “competent authority”, for example aSNCO. The following is proposed as one approach to ensure that a rigorous andappropriate survey and assessment is carried out. The Institute of Ecology andEnvironmental Management (IEEM) and the Institute of Environmental Managementand Assessment (IEMA) also produce valuable guidance and information on the subject(see Section 6.5).

Scoping survey: this is used to define the need for and extent of further investigationsand to ensure that all relevant existing information is gathered together. Scopingsurveys typically seek to identify the presence of:

� designated areas – statutory and non statutory


Screening

ScopingWhat are the

potential wildlifeimpacts?

Is wildlife dataneeded?

What is the magnitudeand significance ofwildlife impacts?

Describe wildlifemitigation andsignificance ofwildlife impacts

Present the wildlifeinformation

Consider and act on the wildlife

information

Is a wildlifemonitoringprogrammenecessary?

Describedevelopment and

environment

Impact predictionand assessment

Mitigation andimprovement

Preparation ofenvironmental

statement

Decision making

Post-constructionmonitoring

Are adverseeffects on wildlife

likely?


� areas of semi-natural habitat

� habitats included in a BAP

� protected species

� species and habitats of principal importance under S41/S42 of the NERC Act 2006

� species that are included in a BAP

� Red Data Book (RDB) species

� Birds of Conservation Concern (BoCC).

Much of this information can be obtained from the local Biological Records Centre(sometimes known as Biodiversity or Environmental Record Centres), from the NationalBiodiversity Network website (see Useful websites), from the local office of the relevantSNCO and/or from the local planning authority.

The scoping survey also should include a short site visit to identify any possibleecological constraints to development and any opportunities for ecologicalimprovement. It is important at this stage to identify the next steps to take in terms ofmore detailed surveys. A scoping survey can be carried out any time of the year.

Phase 1 habitat survey: this survey identifies the habitats contained within or that makeup a site, and the main plant species for each of those habitat types. Also, it will provide“target notes” on important aspects of the site, for example, the presence of a rare plantor animal, or a special habitat feature such as an ancient hedgerow. A Phase 1 surveycan be carried out any time of the year, but is best done in spring or summer, when thevegetation types that characterise a certain habitat are easily identifiable. Some ecologistscarry out extended Phase 1 surveys that provide more information on the vegetation ofa site than a standard Phase 1 survey, but that do not go into the detail of a Phase 2survey.

Phase 2 detailed surveys: these are detailed studies of the important plant and animalgroups identified by the initial scoping or Phase 1 survey. Such detailed studies mayrequire specialist input, for example from a badger expert or an entomologist. They willhave to be undertaken at the right time of the year, and may have to be carried out overa specific number of days, in appropriate weather and at the right time of day, possiblyover a period of several months.

The initial investigations may identify that other special surveys are required, forexample the National Vegetation Classification (NVC) (see Box 5.2), which enablesaccurate characterisation to national criteria of the vegetation on site, or a CommonBirds Census (CBC), which will aim to identify every breeding bird on the site and theextent of its territory. Different types of survey may be required depending on whatstage has been reached by the development proposal. For example, a survey to establishthe presence and species of reptiles may be necessary at an early stage of a project.However, once concerns have been identified, further surveys may be needed to moreaccurately assess the population size and/or location of the animals, or to determinewhether a part of the site can be used as a receptor site for animals moved fromelsewhere.


Box 5.2 National Vegetation Classification (NVC)

5.3 When to survey?

Carrying out surveys at the right time of year is critical for meaningful results. Forexample, breeding bird surveys carried out in winter will not fulfil a requirement for abreeding bird survey. Surveys carried out for bats or insects when there are adverseweather conditions will be similarly invalid.

Also, there may be some delay in gaining consents and approvals to carry out thesurveys from landowners. So it is important to plan ecological surveys early in adevelopment project and in advance of any works that may be undertaken. If thestudies are part of a formal environmental impact assessment, the EIA co-ordinatorsand planners should commission surveys well before the date of submission of theplanning application.

Table 5.1 gives an indication of the optimum times of year for carrying out varioussurveys (see also the species and habitat briefing sheets). Table 5.2 provides an overviewof the various roles of clients, planners, designers and contractors in commissioning andusing the results of ecological survey and assessment.


The NVC is a tool to describe vegetation. It is described as a classification with standardised descriptionsof named and systematically arranged vegetation types (Rodwell, 1998). It is based on the identificationof plants and their respective ground cover within sample plots (in grassland normally 2 m × 2 mquadrat), randomly placed over an area of vegetation that is assumed to be typical of the whole area tobe assessed.

The relevant community can be worked out by comparing the species present and their ground coverwithin the quadrats with standards set by sampling at the national level. So it is possible to recognisestandard units of vegetation. For example, in respect of grassland, the NVC recognises 13 types of neutralgrassland community, 14 calcareous communities, and 21 acid and montane communities.

The NVC does not cover marine habitats, but these are catered for in classification guidance by Connoret al (2004). This provides the most comprehensive marine benthic classification system currently in use.


CIRIA C69140

Table 5.1 Guidance on the optimal timing for carrying out specialist ecological surveys andmitigation

Key

Recommended survey period Recommended timing for mitigation works

No surveys Mitigation works restricted

Lice

nce

requ

ired

?J

FM

AM

JJ

AS

ON

D

Hab

itat

s/ve

geta

tion

Surv

eys

N

Mos

ses

and

liche

ns. N

oot

her d

etai

led

plan

t sur

veys

– P

hase

1 o

nly

(leas

tsu

itabl

e tim

e)

Det

aile

d ha

bita

t ass

essm

ent s

urve

ys.

Surv

eys

for h

ighe

r pla

nts

and

fern

s. M

osse

s an

d lic

hens

in A

pril,

May

and

Sep

tem

ber o

nly

Mos

ses

and

liche

ns N

oot

her d

etai

led

plan

t sur

veys

– P

hase

1 o

nly

(leas

tsu

itabl

e tim

e)

Miti

gatio

nN

Plan

ting

and

tran

sloc

atio

nN

o m

itiga

tion

for m

ajor

ity o

f spe

cies

Plan

ting

and

tran

sloc

atio

n

Bad

gers

Surv

eys

N*

*O

ptim

al ti

me

durin

g sp

ring

and

autu

mn

whe

n ac

tivity

leve

ls a

re h

igh,

veg

etat

ion

leve

ls lo

w a

nd fi

eld

sign

s m

ost o

bvio

us

Miti

gatio

n*

**

No

dist

urba

nce

of e

xist

ing

sett

s. B

uild

ing

of a

rtifi

cial

set

tsSt

oppi

ng u

p an

d ex

cava

tion

of e

xist

ing

sett

sLi

cenc

e m

ay b

e re

quire

dSe

e Ja

n-Ju

ne

Bat

s

Surv

eys

*H

iber

natio

n su

rvey

s an

din

spec

tion

of b

uild

ing

and

tree

roos

ts

Insp

ectio

n of

build

ing

and

tree

roos

ts

Opt

imal

tim

e fo

r em

erge

nce/

re-e

ntry

sur

veys

from

May

to A

ugus

t.O

ther

act

ivity

sur

veys

may

ext

end

from

Apr

il to

Oct

ober

. Ins

pect

ion

of tr

ee a

nd b

uild

ing

roos

ts.

Hib

erna

tion

surv

eys

&in

spec

tion

of b

uild

ing

and

tree

roos

ts

Miti

gatio

n*

**

Wor

ks o

n no

n-br

eedi

ng s

umm

eran

d m

ater

nity

roos

ts o

nly

Wor

ks o

n hi

bern

atio

n ro

osts

Wor

ks o

nno

n-br

eedi

ngsu

mm

er a

ndhi

bern

atio

nro

osts

Wor

ks o

nno

n-br

eedi

ngsu

mm

er,

mat

erni

tyan

dhi

bern

atio

nro

osts

Wor

ks o

n no

n-br

eedi

ngsu

mm

er a

nd m

ater

nity

roos

ts o

nly

Bir

ds

Surv

eys

*W

inte

r bird

sB

reed

ing

bird

s an

d m

igra

nt s

peci

es

Miti

gatio

nN

Clea

ranc

e w

orks

pos

sibl

ebu

t mus

t sto

p im

med

iate

ly if

any

nest

ing

bird

s fo

und

Avoi

d cl

eara

nce

or c

onst

ruct

ion

wor

ks in

nes

ting

habi

tat o

r ca

rry

out u

nder

Eco

logi

cal W

atch

ing

Brie

fCl

eara

nce

wor

ks p

ossi

ble

but m

ust s

top

imm

edia

tely

ifne

stin

g bi

rds

foun

d

Dor

mic

e(n

/a in

NI)

Surv

eys

*N

ut s

earc

hes

Nut

sea

rche

s(s

ub-o

ptim

al ti

me)

Nes

t tub

e su

rvey

s Ap

ril–

Nov

embe

r. N

est s

earc

hes

– a

ny ti

me

of y

ear b

ut p

refe

rabl

y Se

ptem

ber t

o M

arch

.N

ut s

earc

hes

(Sep

tem

ber-N

ovem

ber)

Nut

sea

rche

s

Miti

gatio

n*

**

No

clea

ranc

e w

orks

Clea

ranc

ew

orks

(sub

-op

timal

tim

e)N

o cl

eara

nce

wor

ksCl

eara

nce

wor

ks to

ear

lyO

ctob

er (o

ptim

al ti

me)

No

clea

ranc

e w

orks

Mig

rant

spe

cies

Augu

st th

roug

hto

Oct

ober

Win

ter b

irds


Table 5.1 (contd) Guidance on the optimal timing for carrying out specialist ecological surveys andmitigation


Lice

nce

requ

ired

?J

FM

AM

JJ

AS

ON

D

Fish

Surv

eys

*Ti

min

g of

sur

veys

may

be

depe

nden

t on

the

mig

ratio

n pa

tter

n of

the

spec

ies

conc

erne

d an

d th

e br

eedi

ng s

easo

n of

indi

vidu

al fi

sh s

peci

es

Miti

gatio

n*

**

Miti

gatio

n fo

r the

pro

tect

ion

of w

ater

cour

ses

is re

quire

d at

all

times

of y

ear.

Miti

gatio

n sh

ould

be

timed

to a

void

fish

bre

edin

g se

ason

whi

ch w

ill v

ary

from

spe

cies

to s

peci

es

Gre

atcr

este

dne

wts

(n/a

in N

I)

Surv

eys

*N

o su

rvey

s –

new

ts in

hibe

rnat

ion

Pond

sur

veys

for a

dults

: mid

-Mar

ch to

mid

-Jun

e. S

urve

ysm

ust i

nclu

de v

isits

bet

wee

n m

id-A

pril

and

mid

-May

. Egg

sear

ches

Apr

il to

mid

-Jun

e. L

arva

l sur

veys

from

mid

-May

.Te

rres

tria

l hab

itat s

urve

ys

Larv

al s

urve

ys to

mid

-Au

gust

.Te

rres

tria

l hab

itat s

urve

ysTe

rres

tria

l hab

itat s

urve

ysN

o su

rvey

s –

new

ts in

hibe

rnat

ion

Miti

gatio

n*

**

No

trap

ping

of n

ewts

. Po

nd m

anag

emen

t onl

y

New

t tra

ppin

g pr

ogra

mm

es in

pon

ds a

nd o

n la

nd.

Not

e tr

appi

ng m

ay b

e lim

ited

by c

old

nigh

t te

mpe

ratu

res

in e

arly

mon

ths

New

t tra

ppin

g on

land

onl

y. N

ote

trap

ping

may

be

limite

d by

dry

nig

hts

durin

g Ju

ly a

nd A

ugus

tN

o tr

appi

ng o

f new

ts.

Pond

man

agem

ent o

nly

Nat

terj

ack

toad

s(n

/a in

NI)

Surv

eys

*N

o su

rvey

s –

toad

s in

hib

erna

tion

Surv

eys

of b

reed

ing

pond

s fo

r adu

lts A

pril–

June

.Su

rvey

s fo

r tad

pole

s fr

om M

ay o

nwar

ds.

Surv

eys

for a

dults

on

land

No

surv

eys

–to

ads

in h

iber

natio

n

Miti

gatio

n*

**

Pond

man

agem

ent w

orks

Trap

ping

of a

dults

in p

onds

from

Apr

il to

Jun

e. T

rapp

ing

on a

dults

on

land

Apr

il to

Sept

embe

r. Tr

appi

ng o

f tad

pole

s fr

om M

ay to

ear

ly S

epte

mbe

rPo

nd m

anag

emen

t wor

ks

Rep

tile

s:ad

der,

gras

ssn

ake

slow

wor

m a

ndco

mm

onliz

ard

(n/a

in N

I exc

ept

com

mon

lizar

d)

Surv

eys

NN

o su

rvey

s –

rept

iles

inhi

bern

atio

nAc

tivity

sur

veys

from

Mar

ch to

Jun

e an

d in

Sep

tem

ber/

Oct

ober

.N

ote

surv

eys

are

limite

d by

hig

h te

mpe

ratu

res

durin

g Ju

ly a

nd A

ugus

t. Pe

ak s

urve

y m

onth

s ar

e Ap

ril, M

ay a

nd S

epte

mbe

rN

o su

rvey

s –

rept

iles

inhi

bern

atio

n

Miti

gatio

nN

Scru

b cl

eara

nce

– p

roce

edw

ith c

autio

n to

avo

iddi

stur

banc

e of

hib

erna

ting

rept

iles

Capt

ure

and

tran

sloc

atio

n pr

ogra

mm

es c

an o

nly

be c

ondu

cted

whi

le re

ptile

s ar

e ac

tive

(Mar

ch–

June

and

Sep

tem

ber/

Oct

ober

).N

ote

trap

ping

is li

mite

d by

hig

h te

mpe

ratu

res

durin

g Ju

ly a

nd A

ugus

t

Scru

b cl

eara

nce

– p

roce

edw

ith c

autio

n to

avo

iddi

stur

banc

e of

hib

erna

ting

rept

iles

Com

mon

lizar

d (N

Ion

ly):

sand

lizar

d,sm

ooth

snak

e

Surv

eys

*N

o su

rvey

s –

rept

iles

inhi

bern

atio

nAc

tivity

sur

veys

pos

sibl

e fr

om M

arch

to J

une

and

in S

epte

mbe

r/O

ctob

er b

ut p

eak

surv

ey m

onth

sar

e Ap

ril, M

ay a

nd S

epte

mbe

r. Su

rvey

s ar

e lim

ited

by h

igh

tem

pera

ture

s du

ring

July

and

Aug

ust.

No

surv

eys

– re

ptile

s in

hibe

rnat

ion

Miti

gatio

n*

**

Scru

b cl

eara

nce

–pr

ocee

dw

ith c

autio

n to

avo

iddi

stur

banc

e of

hib

erna

ting

rept

iles

Capt

ure

and

tran

sloc

atio

n pr

ogra

mm

es c

an o

nly

be c

ondu

cted

whi

le re

ptile

s ar

e ac

tive

(Mar

ch–

June

and

Sept

embe

r/O

ctob

er).

Not

e tr

appi

ng is

lim

ited

by h

igh

tem

pera

ture

s du

ring

July

and

Aug

ust.

No

clea

ranc

e w

orks

–pr

ocee

d w

ith c

autio

n to

avoi

d di

stur

banc

e of

hibe

rnat

ing

rept

iles

Ott

ers

Surv

eys

N*

*Su

rvey

s po

ssib

le a

ll ye

ar ro

und

Miti

gatio

n*

**

Miti

gatio

n po

ssib

le a

ll ye

ar ro

und

but t

imin

g w

ill b

e re

stric

ted

whe

re o

tter

s ar

e br

eedi

ng


Table 5.1 (contd) Guidance on the optimal timing for carrying out specialist ecological surveys andmitigation

CIRIA C69142

Lice

nce

requ

ired

?J

FM

AM

JJ

AS

ON

D

Pin

e m

arte

n

Surv

eys

N*

*Su

rvey

s po

ssib

le a

ll ye

ar ro

und

but o

ptim

al ti

me

is d

urin

g sp

ring

and

sum

mer

. Bre

edin

g de

n su

rvey

s be

twee

n M

arch

and

May

Miti

gatio

n*

**

Wor

ks in

pin

e m

arte

nha

bita

tAv

oid

wor

ks in

pin

e m

arte

n ha

bita

tW

orks

in p

ine

mar

ten

habi

tat

Red

squ

irre

l

Surv

eys

*Su

rvey

s po

ssib

le a

ll ye

ar ro

und

but o

ptim

al ti

me

is d

urin

g sp

ring

and

sum

mer

.Su

rvey

s fo

r bre

edin

g fe

mal

es fr

om J

anua

ry to

Sep

tem

ber,

with

som

e su

rvey

s du

ring

peak

bre

edin

g pe

riods

of M

arch

–M

ay a

nd/o

r Jul

y–Se

ptem

ber.

Miti

gatio

n*

**

Avoi

d al

l wor

ks in

red

squi

rrel

hab

itat

Wor

ks s

houl

d be

con

duct

edat

this

tim

eSe

e Ja

n-Se

pt

Smoo

thne

wt

(NI

only

)

Surv

eys

*N

o su

rvey

s –

new

ts in

hibe

rnat

ion

Pond

sur

veys

for a

dults

: Mar

ch to

mid

-Jun

e. S

urve

ys

shou

ld in

clud

e vi

sits

bet

wee

n m

id-A

pril

and

mid

-May

. Eg

g se

arch

es A

pril

to m

id-J

une.

Lar

val s

urve

ys fr

om

mid

-May

. Ter

rest

rial h

abita

t sur

veys

Larv

al s

urve

ys to

mid

-Au

gust

.Te

rres

tria

l hab

itat s

urve

ysTe

rres

tria

l hab

itat s

urve

ysN

o su

rvey

s –

new

ts in

hibe

rnat

ion

Miti

gatio

n*

**

No

trap

ping

of n

ewts

. Pon

dm

anag

emen

t onl

y

New

t tra

ppin

g pr

ogra

mm

es in

pon

ds a

nd o

n la

nd.

Not

e tr

appi

ng m

ay b

e lim

ited

by c

old

nigh

t te

mpe

ratu

res

in e

arly

mon

ths

New

t tra

ppin

g on

land

onl

y. N

ote

trap

ping

may

be

limite

d by

dry

nig

hts

durin

g Ju

ly a

nd A

ugus

tN

o tr

appi

ng o

f new

ts. P

ond

man

agem

ent o

nly

Wat

er v

ole

(n/a

in N

I)

Surv

eys

N*

*R

educ

ed a

ctiv

ityAc

tivity

and

bre

edin

g su

rvey

s de

pend

ing

on v

eget

atio

n co

ver a

nd w

eath

er c

ondi

tions

.O

ptim

um s

urve

y pe

riod

Mar

ch–

June

Red

uced

act

ivity

Miti

gatio

n*

**

Avoi

d al

l wor

ks in

wat

er v

ole

habi

tat

Wor

ks in

wat

er

vole

hab

itat p

ossi

ble

Avoi

d al

l wor

ks in

wat

er v

ole

habi

tat

Wor

ks in

wat

er

vole

hab

itat p

ossi

ble

Avoi

d al

l wor

ks in

wat

er v

ole

habi

tat

Whi

te-

claw

edcr

ayfis

h

Surv

eys

*R

educ

ed a

ctiv

itySu

rvey

s po

ssib

leAv

oid

surv

eys

(fem

ales

are

rele

asin

g yo

ung)

Opt

imum

tim

e fo

r sur

veys

Red

uced

act

ivity

Miti

gatio

n*

**

Avoi

d ca

ptur

e pr

ogra

mm

es (l

ow a

ctiv

ityle

vels

may

mea

n an

imal

s ar

e m

isse

d)

Excl

usio

nfr

omco

nstr

uctio

nar

eas

Avoi

d ca

ptur

e pr

ogra

mm

es –

bree

ding

per

iod

Excl

usio

n fr

om c

onst

ruct

ion

area

sAv

oid

capt

ure

prog

ram

mes

(low

act

ivity

leve

ls m

ay m

ean

anim

als

are

mis

sed)

*ac

cept

ed s

urve

y an

d m

onito

ring

tech

niqu

es m

ay in

volv

e th

e ca

ptur

e, h

andl

ing

or d

istu

rban

ce o

f the

se p

rote

cted

spe

cies

(in

the

case

of b

irds,

thos

e lis

ted

on S

ched

ule

1 o

f the

WCA

onl

y). W

here

this

is th

e ca

se, o

nly

licen

sed

pers

ons

can

unde

rtak

e th

e su

rvey

s. T

hese

are

obt

aine

d fr

om N

atur

al E

ngla

nd, C

ount

rysi

de C

ounc

il fo

r Wal

es, N

orth

ern

Irela

nd E

nviro

nmen

t Age

ncy

or S

cott

ish

Nat

ural

Her

itage

**

acce

pted

sur

vey

and

mon

itorin

g te

chni

ques

do

not t

ypic

ally

invo

lve

the

capt

ure,

han

dlin

g or

dis

turb

ance

of t

hese

pro

tect

ed s

peci

es a

nd s

o a

surv

ey li

cenc

e is

not

ord

inar

ily re

quire

d. H

owev

er, s

houl

d fu

rthe

r tec

hniq

ues

be u

sed

that

will

resu

lt in

the

abov

e, o

nly

licen

sed

pers

ons

can

unde

rtak

e th

e su

rvey

**

*w

here

miti

gatio

n in

volv

es th

e ca

ptur

e, h

andl

ing

or d

istu

rban

ce o

f a p

rote

cted

spe

cies

and

/or t

he d

amag

e, d

estr

uctio

n or

obs

truc

tion

of th

eir h

abita

ts, a

con

serv

atio

n or

miti

gatio

n lic

ence

mus

t be

obta

ined

from

Nat

ural

Eng

land

,Co

untr

ysid

e Co

unci

l for

Wal

es, N

orth

ern

Irela

nd E

nviro

nmen

t Age

ncy

or S

cott

ish

Nat

ural

Her

itage

. Miti

gatio

n lic

ence

app

licat

ions

take

abo

ut 3

0 w

orki

ng d

ays

to b

e pr

oces

sed

by g

over

nmen

t age

ncie

s. W

here

miti

gatio

n w

orks

need

to b

e co

nduc

ted

unde

r lic

ence

bef

ore

wor

ks b

egin

, lic

ence

app

licat

ions

nee

d to

be

subm

itted

con

side

rabl

y ea

rlier

.


Table 5.2 Survey and assessment – what should you do?

What should be done to ensure that a good, objective account of the site is carried out?Important actions for the four main players usually involved in construction projects areset out here. Actions highlighted in bold are likely to be of particular importance inachieving a successful construction project.


Client Planners Designers Contractors

Carry out earlyscoping studies, datacollection andecological researchand environmentalassessment to assistthe site selectionprocess.

Where possible, avoidproposingdevelopment that willaffect designated sitesand other ecologicallysensitive areas.

Include commitmentto wildlife conservationin the environmentalpolicy statement, coverit in the EMS andensure it is delivered.

Consider sponsorshipof biodiversity actionplan species orhabitats.

Through contractualarrangements ensurethat the designer andcontractor arerequired to take fullaccount of theenvironmental policyand requirements andof site ecology in theirwork.

Consider appointingan ecologist to act as aclient representativethrough theconstruction phase.

Ensure that ecologicalissues are given dueconsideration in theplans for anydevelopment.

Allow sufficient timefor any necessaryecological surveys tobe carried out. Ensurethat they are carriedout at the appropriatetime of year, and thatthey are sufficientlydetailed tocharacterise theecology of the site andto predict effects andopportunitiesaccurately.

If working for a localauthority ensure thatlocal plans containclear and achievablepolicies to protect andimprove wildlife withinthe local plan area(refer to the relevantplanning guidance).Where relevant, imposeplanning conditionsand obligations tosafeguard ecologicalinterests and to ensureadequate mitigation,compensation orimprovement for anyeffects of thedevelopment. Useecological expertise tohelp determineplanning applicationsincluding possibleplanning conditions.

Promote anyopportunities tocontribute towards localBiodiversity Action Plantargets.

Under the NERC Act2006 (Section 40) allpublic bodies andstatutory undertakersmust have due regardto the conservation ofbiodiversity inexercising theirfunctions.

Note the results of anyecological assessmentthat may be availableand itsrecommendations.

Where possible,design the project toavoid or minimiseadverse effects onlocal ecology andmaximiseimprovements: aim to“avoid–mitigate–compensate–enhance”.Adopt the ecosystemapproach to design aspromoted by PIANC(2008).

Consider integratingecological features, forexample climbingplants, bird nest boxesand bat boxes, withinany buildings orstructures.

Ensure that landscapedesign reflects localecology and useslocally sourced plantswhere possible. Avoiduse of non-nativespecies unless thesehave a proven wildlifebenefit.

Use the designstrategy forincorporating natureconservation intodevelopment (Oxford,2000).

Ensure that knowledgeand understanding ofthe ecologicalconstraints andopportunities that aproject offers at theearliest possibleopportunity (beforesubmitting a tender)and that appropriatemeasures areincorporated intomethod statements.

When appointed,consider whether apre-constructionecological survey maybe necessary, forexample, for protectedspecies or for invasiveplants such asJapanese knotweed.

If the project area hasecologically sensitivehabitats or species,protect these withfencing and signage,and considerappointing anecologist to carry outan ecological watchingbrief or ecologicalclerk of works roleduring construction.

Specialistsubcontractors

Ensure that theprincipal contractor (orclient if different)provides ecologicalinformation on thesite. Understand theconstraints andopportunities that thisinformation mayimpose on the works.


5.4 How to survey

An experienced and trained ecologist should know how to survey, but should there beany doubt, there is guidance available. The IEEM has published guidelines forecological impact assessment (2006) and has developed a website (see Useful websites),which outlines basic requirements for various types of ecological survey.

Also, the JNCC has produced guidance on Phase I habitat surveys (JNCC, 2010), and onherpetofauna (reptiles and amphibia) and bats, which includes survey best practice.

Other guidance on survey standards has been produced by organisations such asNatural England (great crested newts, otters, dormice, white-clawed crayfish), the BatConservation Trust (bats), Froglife (reptiles) and WildCRU (water voles).

Figure 5.2 Pond survey for amphibians

Other societies or organisations with an interest in special groups of plants and animalsoften provide guidance on how to conduct surveys of those groups (see the list oforganisations gazetteer). Surveys that do not follow good practice guidelines will not besupported if any issues arise, so it is important that good practice is adopted.

5.5 Who surveys?

Surveys should be carried out only by an experienced field ecologist or naturalhistorian. When dealing with protected species, the surveyor may need a licence. Thiscan be obtained only if the surveyor is considered by the licensing authority to besufficiently experienced and knowledgeable with respect to the species concerned. Box5.3 gives examples of the many species that survey licences are needed for.

When employing an ecologist or other specialist, make sure that they have experienceand expertise of the work in hand, are appropriately qualified and, where necessary,have the appropriate licences for dealing with protected animals.


Box 5.3 Licences for surveying protected species

5.6 Surveying and protected species

It is important that protected species are considered at the very earliest stages of thedevelopment process. Planning guidance across the UK makes it clear that natureconservation should be a material consideration in determining any planningapplication. In compliance with this, SNCOs advise that surveys should be undertakenbefore planning permission sought, so that development is designed to avoid any effectson protected species. This is also the case where a development proposal does notrequire planning permission but some other form of consent.

Leaving surveys until a later stage increases the risk that plans for the development willhave to be redesigned or halted (temporarily or permanently) if protected species arefound. In such cases works will have to wait until surveys and any mitigation have beencompleted. This process can be complex, time-consuming and can usually be conductedonly at specific times of year. This can lead to delays lasting weeks, months or, in a worstcase, years.


The animals listed here are protected, to a varying extent, by the Wildlife and Countryside Act (WCA)1981 (as amended) and/or The Conservation of Habitats and Species Regulations 2010. For those inbold, accepted survey and monitoring techniques may involve the capture, handling or disturbance ofthese protected species (in the case of birds, those listed on Schedule 1 of the WCA 1981 only) so onlylicensed persons can undertake the surveys. Survey licences are generally obtained from the relevantlicensing authority (NE, CCW, NIEA or SNH or, in the English territorial waters and most UK offshorewaters, the MMO or, in Scotland, Marine Scotland). References and appropriate experience are importantprerequisites to obtaining a licence. The licensing authorities aim to respond to a survey licenceapplication within 15 days. Once issued, licences are valid for 12 months.

For the remaining species, accepted survey and monitoring techniques do not typically involve thecapture, handling or disturbance of these protected species and a survey licence is not usually required.However, should further, specialised techniques be used that will result in capture, handling ordisturbance only licensed persons can undertake the survey.

Species that are fully protected by UK law and may require a survey licence are:

� otter*

� natterjack toad*

� great crested newt *

� reptiles (*sand lizard and smooth snake)

� common lizard (in NI only)

� bats*

� dormice*

� badgers**

� smooth newt (in NI only)

� all nesting birds

� pine marten

� red squirrel

� water vole***

� white-clawed crayfish***

� protected species of invertebrates (*large blue butterfly – not NI)

� protected species of fish (*Atlantic sturgeon – not NI).

Notes:

* also protected under The Conservation of Habitats and Species Regulations 2010 (HabitatRegulations 1995 NI) so a European Protected Species Mitigation (EPSM) licence may need to beobtained from Natural England, SNH, CCW or NIEA for works or operations likely to affect thesespecies

** a similar licence to an EPSM can be obtained for badgers under the Protection of Badgers Act 1992

*** for works liable to affect water voles or white-clawed crayfish, which are protected solely under theWCA, there is no provision for such licenses. The licensing authority may consider issuing aconservation licence if there is a clear net gain to the species because of the proposals.


Surveys do not always provide a definitive answer for a variety of reasons, which isespecially true when dealing with animals. A survey may only be able to conclude thatthe risk of a certain species being on a site is “high” or “low”. Only when constructionstarts may the exact status of that species become fully evident. Also, it should beremembered that living organisms may come and go even within the duration of aproject. For example, a survey for badgers may conclude that a sett does not exist in thearea of a proposed development, but on starting construction activity a badger maydecide to inhabit the newly created environment. So a badger sett is created wherepreviously one did not exist (see Figure 5.3). Being in a position to respond to theseunexpected occurrences is something that contractors in particular should considercarefully at the start of each new construction project.

Figure 5.3 A badger sett excavated on a construction site

5.7 Evaluation and impact assessment of sites

The ecological evaluation and assessment of sites is slowly acquiring a standardisedmethodology, although when dealing with living things it is not always possible to stickto agreed working methods. Normally the ecological interest of a site is evaluatedagainst set criteria and the effects of any proposed development are judged using a setmethodology. The IEEM guidelines (2006) propose that the following procedure isfollowed:

� initial project design

� screening (may identify the need for a survey)

� scoping (will help define the type of survey required)

� environmental impact assessment

� evolution of project design and mitigation

� identify significant residual effects

� reporting: input to environmental statement or other report

� follow-up and monitoring.

After discovering what exists on a site, is it important? Generally, standard evaluationcriteria are used, although these can vary from place to place. For example, the criteria


that are used by SNCOs for designating biological SSSIs are based on the Ratcliffecriteria (see Box 5.4).

Box 5.4 Ratcliffe criteria (from Ratcliffe, 1977 and JNCC, 1998)

Defra has issued guidelines on the selection of local wildlife sites (LWS), aimed atstandardising the criteria used to identify site of importance for nature conservations(SINCs) and other non statutory sites (Defra, 2006) (see Box 5.5). Where a SNCO, localauthority or other organisation has designated a site as being of wildlife value, thecriteria used to evaluate and designate those sites should be available. These criteria canbe used to evaluate a site proposed for development to see how it compares with thosesites that are designated. There can be local variations in the adaptation of the commoncriteria.

Box 5.5 Criteria that may be used in the identification and evaluation of local wildlife sites (Defra,2006)

5.8 Environmental impact assessment, environmentalappraisal or habitat regulations assessment?

In assessing the effects, trying to judge their significance, and presenting the results,there are currently three main approaches:

1 As indicated in Section 5.1, environmental impact assessment is the method oftenrequired for legal reasons. It has to be presented in a certain way to comply withthe relevant legislation and guidance (see Section 6.1).

2 Also, environmental appraisals can from form part of a wider project appraisalprocess where economic and social considerations are assessed alongsideenvironmental ones (for example sustainability appraisals).


A series of criteria used to assess nature conservation value:

� size

� diversity

� naturalness

� rarity

� fragility

� typicalness

� recorded history

� position in an ecological/geographical unit

� potential value

� intrinsic appeal.

� size or extent

� diversity

� naturalness

� rare or exceptional feature

� fragility

� typicalness

� recorded history and cultural associations

� connectivity within the landscape

� value for appreciation of nature

� value of learning.


An example of an appraisal technique is in the DfT’s Transport Analysis Guidance(TAG) for road schemes in England. The biodiversity aspects of the methodologyare summarised in Box 5.6. The IEEM guidelines mentioned in Section 5.2 can beof use for both assessment and appraisal.

3 Habitats Regulations Assessment (also referred to as Appropriate Assessment) –under The Conservation of Habitats and Species Regulations 2010 an assessmentneeds to be undertaken in respect of any plan or project that:

� either alone or in combination with other plans or projects would be likely tohave a significant effect on a European site

� is not directly connected with the management of the site for natureconservation.

The purpose of the Habitats Regulations Assessment (HRA) is to ascertain, in view of thesite’s conservation objectives, whether the plan or project would have an adverse effecton the integrity of a European site, Special Protection Area (SPA), Special Area ofConservation (SAC) or candidate Special Area of Conservation (cSAC).

Note that potential SPAs (pSPA) and Ramsar sites do not receive statutory protectionunder The Conservation of Habitats and Species Regulations 2010. However, as amatter of policy in England and Wales, they receive the same protection as designatedSACs and classified SPAs.

A HRA is more focused in scope than an EIA, being confined to the implications for thesite in view of its conservation objectives. It also differs from an EIA in that an HRA:

� applies to any project that is likely to have a significant effect

� applies only to the qualifying interest of the site

� is carried out by the competent authority and not the developer

� does not exempt developers from obligations under the EIA Regulations or viceversa

� may be very brief or alternatively as complex as an EIA.

If it cannot be demonstrated that there will be no adverse effect on qualifying species orhabitats then the competent authority cannot agree to the proposals unless theprovisions of The Conservation of Habitats and Species Regulations 2010 are fulfilled.

Competent authorities are defined as including government departments, localplanning authorities and statutory undertakers. In some cases, the competent authoritymay be the developer, for example, a port authority or utility company. Where this isthe case, provisions in The Conservation of Habitats and Species Regulations 2010 allowfor the most appropriate competent authority to undertake the appropriate assessmenton behalf of the authority proposing the development.


Box 5.6 TAG approach to assessment (DfT, 2003)

5.9 Mitigation, compensation and improvement

The golden rules for any ecological impact assessment should be to always avoid adverseeffects and to improve where possible (see Section 4.5). However, it may not always bepossible to avoid ecological effects. Where effects have been identified and avoidance oralternatives are not possible, there is a restricted range of options available (see Box 4.5).

Mitigation

� reduce the effect by using less damaging designs or working methods

� move the affected habitat or species to another part of the site (or in extremecircumstances off-site) often called translocation.

Compensation

� re-create habitat that has been lost, together with nesting, roosting or resting places,on another part of the site (or in extreme circumstances off-site).

Note that mitigation and compensation can be difficult and expensive. In many cases itis not always certain that such measures will fully mitigate or compensate for the loss ofany wildlife features. Translocation projects in particular frequently fail. Even wheresuch measures are considered to be successful they may take many years before the full


The biodiversity sub-objective of TAG (Unit 3.3.10) provides guidance on appraising the effect of anytransport plans on biodiversity and earth heritage. The sequence to be followed is:

� to describe sequentially the characteristic biodiversity and earth heritage features

� to appraise environmental capital using a set of indicators, this is done by assessing:

� the importance of these characteristic features

� why they are important

� their inter-relationships

� to describe how proposals affect biodiversity and earth heritage features, including effects on theirdistinctive quality and substantial local diversity

� to produce an overall assessment score on a seven point scale:

1 Very large adverse.

2 Large adverse.

3 Moderate adverse.

4 Slight adverse.

5 Neutral.

6 Slight beneficial.

7 Moderate beneficial.

The appraisal is based on the completion of a worksheet that comprises the following indicators:

� area: list all biodiversity or earth heritage features affected, or potentially affected, by the proposal

� attribute/feature: different habitat types or species groups (for example birds)

� scale: this could be international, national, regional or local

� importance: the reasons why the feature is important, such as its designation

� trends� substitution possibilities: judgement as to whether the habitats are technically replaceable to a

sufficient quality, or whether the species can be successfully relocated, or whether the ecosystemservices provided by the feature could be fully substituted.

The methodology also appraises the potential effects of each transport option and the mitigation thatmay be required.


wildlife benefits materialise. To have the best chance of success, mitigation/compensation measures ideally should be put in place before any negative effects areexperienced to ensure continuity of habitat or the presence of important species. Thismay be a requirement of planning permission, a licence or some other form of consent.

Figure 5.4 A hibernaculum for great crested newts can be created as part of a developmentproject (courtesy Barry Nicholson)

Enhancement

� where possible, always endeavour to increase the amount and/or quality of wildlifeon site to be more than that present before the project began, even if there are nosignificant adverse effects of development. This net gain to biodiversity is a primaryaim of Planning Policy Statement (PPS) 9 (see Section 6.6)

� at this point consider opportunities for improving wildlife interest particularlyregarding BAP species and habitats.

Measures needed should have been identified early on in the development process. Ifany form of EIA has been carried out, firm proposals for mitigation, compensation andimprovement and, ideally, post-construction monitoring, should have been made.

5.10 Post-construction management and monitoring

When dealing with wildlife, often it is difficult to be 100 per cent certain that what isbeing done will be successful. One way to increase knowledge about what works andwhat does not is to monitor all the various measures adopted for some time (maybeseveral years) after a development has been completed. Such post-constructionmonitoring of the success or otherwise of wildlife mitigation, compensation,improvement and management is slowly becoming more common as a requirement ofplanning permission, or of acquiring a licence to deal with protected species. CLG(1999) state that the adoption of an EMS is one way of monitoring the effectiveness ofmitigation measures.


Management and monitoring may be expensive, although this is not always the case.For example, in some cases a certain amount of volunteer effort may be possible, andsupport can be provided for by:

� a commuted sum (similar to that paid by developers to local authorities for them toadopt public open space, roads, footpaths etc)

� setting up a trust fund

� agreements with local wildlife groups

� local authorities taking on the responsibility for management if the site is part of, orlinked to, a public open space.

In addition to the wildlife benefits, post-construction management and monitoring areexcellent ways of showing commitment to ecology and to the local community, as well asimproving a company’s environmental performance. Also, they can help identify (andaddress) any unintended or unpredicted environmental consequences of thedevelopment and provide useful information for impact assessments of futuredevelopments.

Typically, post-construction monitoring will include completing surveys of populationsof plants and animals similar to those undertaken at the impact assessment stage. Bycomparing plant and/or animal populations post-construction against results obtainedbefore starting a project, the degree of impact can be accurately assessed along with therelative success of any measures taken to minimise or mitigate effects. Wheremonitoring has taken place for work undertaken under a licence the results will have tobe formally submitted through licence returns.


6 Legislation, planning policy and guidance

This chapter provides an introduction to principal aspects of the laws that protectwildlife in the UK and the guidance that is available to help conserve wildlifeirrespective of whether or not it is covered by legislation.

6.1 The basis of UK law – a brief introduction

While the legal systems in England and Wales follow broadly similar principles, thesituation in Scotland and Northern Ireland is different in detail. Also, devolution iscausing the legal and policy systems in Wales, Scotland, Northern Ireland and Englandto diverge further.

Overall the law in the UK is based on:

� legislation: Acts of Parliament (primary legislation), and regulations and otherstatutory instruments (secondary legislation)

� common law: based on case history and past court decisions

� criminal law: undertaking an act that the state disapproves of, the remedy being topunish the wrongdoer with a fine, a term of imprisonment, or both

� civil law: covering disputes between individuals or organisations, and concernedwith providing a remedy to those who have been wronged, for example throughcompensation or serving an injunction.

In addition to UK and national legislation, European Commission (EC) andinternational legal instruments are also relevant. These arise in the form of directives orregulations, EC case law and international treaties. Generally, EC regulations havesupremacy over UK law. Directives are adopted in the UK through UK Acts ofParliament or regulations. EC law is discussed further in Section 6.3.

UK Acts of Parliament can be repealed as a whole or in part, or can be amended oraltered by later legislation. When parts of an act are repealed or amended, the versionon sale is the original and not amended. This makes it necessary to know about the newact, regulation or amendment, ie to keep up-to-date. It is also necessary to refer to the

CIRIA C69152

Important and useful references

DEFRA (2002) European Species Guidance Note (WLF II, Rev 10/02), Department for Environment Foodand Rural Affairs, London

FRY, M (2008) A manual of nature conservation law (second edition), NCWG Publishing Ltd, Nottingham(ISBN: 978-0-95560-830-8)

JONES, B, PALMER, J and SYDENHAM, A (2004) Countryside law, Shaw & Sons Ltd, Kent (ISBN: 0-72191-063-7)

NATIONAL WILDLIFE CRIME UNIT (2001) Wildlife Crime in the UK. Strategic assessment (2009/2010),Department for Environment, food and rural Affairs, London <www.defra.gov.uk/paw/pdf/crime-assessment0910.pdf>OXFORD, M J (2000) Developing naturally – a handbook for incorporating the natural environment intoplanning and development, Association of Local Government Ecologists (ALGE), Kent. Go to:<www.alge.org.uk/publications/index.php>

REES, P A (2002) Urban environments and wildlife law: a manual for the construction industry, Wiley-Blackwell, UK (ISBN: 978-0-63205-743-6)

RTPI (1999) Good practice guide: planning for biodiversity, Royal Town Planning Institute, London (ISBN:1-902331-112-4)


act or regulation that generated the repeal or amendment, and to work through itsschedules, alongside the original, to identify which of the original act or regulation’sprovisions remains in force, or to identify the new provisions, by combining the originalact or regulation with the amending act or regulation, which can be confusing.

A summary table of wildlife legislation and planning guidance relevant to the UKconstruction industry is provided at the end of this chapter, to help decide on thelegislation that may be relevant to the project or site.

6.2 UK legislation relevant to construction and wildlife

The most important acts and regulations are described in this section. Further detail oftheir provisions and of other relevant legislation is given in Table 6.3.

The WCA 1981(as amended) is one of the main pieces of legislation protecting wildlifein England, Wales and Scotland. In Northern Ireland, the equivalent piece of legislationis the Wildlife (Northern Ireland) Order 1985 (as amended).

The WCA 1981 and Wildlife (NI) Order 1985 have undergone various revisions,including those made by the Wildlife and Countryside (Amendment) Act 1985 and theCRoW Act 2000.

In Northern Ireland the Wildlife and Natural Environment Bill completed its final stagein the Assembly in Spring 2011 and is due to go forward for Royal Assent. The Billamends the Wildlife (NI) Order 1985 and the Environment (NI) Order 2002 and addsnew provisions to reflect the increasing significance of protecting Northern Ireland’sbiodiversity and the need to continue to deter wildlife crime

Broadly, these pieces of legislation seek to protect habitats, for example by notifyingSSSIs, and individual species. In Northern Ireland the relevant legislation listed in theprevious paragraph together with the Environment (Northern Ireland) Order 2002protects habitats and species, and is used to notify and protect ASSIs. The WCA 1981and Wildlife (NI) Order 1985 also help adopt the EC Birds Directive (Council Directive2009/147/EC).

The legislation protects all wild birds, especially during the breeding season, and otheranimal species are given different degrees of protection depending on theirconservation status. For example great crested newts are a threatened species not just inthe UK, but at the European level. At the national level great crested newts now receivefull protection under the WCA 1981 and Wildlife (NI) Order 1985. However, smoothand palmate newts, which are equally important but are more commonly found, areprotected only from sale or injury on the mainland, though in Northern Ireland, wherethey are the only newt species present, they receive full protection.

The Conservation of Habitats and Species Regulations 2010, the Offshore MarineConservation (Natural Habitats, &c) Regulations 2007 (as amended) and theConservation (Natural Habitats &c) Regulations (Northern Ireland) 1995 (as amended)now adopt the EC Habitats Directive (Council Directive 92/43/EEC) in the UK.

Also, the Offshore Marine Conservation (Natural Habitats &c) Regulations 2007 (asamended) transpose the EC Habitats and Birds Directives in UK offshore waters.

These regulations require that the Secretary of State, or the Scottish, Welsh or NorthernIreland equivalent, compiles a list of sites of European Community importance that are


then designated as SACs. The designation of these sites is based on the importance oftheir constituent habitats and/or species and any threats that they are exposed to.

The Regulations define “European nature conservation sites” as including special areasof SACs, and SPAs, the latter being classified under the EC Birds Directive 2009.

Importantly, the Habitats Regulations place a statutory requirement on competentauthorities (including local planning authorities) to undertake a Habitat RegulationsAssessment (also known as an Appropriate Assessment) of the implications for aEuropean site of any proposed plan or project. They further state that the planningauthority or other regulator “shall agree to the plan or project only after havingascertained that it will not adversely affect the integrity of the European site” (seeSection 6.8). The circumstances whereby an application may proceed are stringent andare clearly defined.

In a similar way, the Habitat Regulations also place a duty on local planning authoritiesor other competent authorities in the determination of applications that involve EPS,meaning that the competent authority must be satisfied that the provisions forprotection of such species are likely to be met before they can grant planningpermission. The Regulations provide protection to a variety of wild animals and plants(known as European Protected Species) by defining what would constitute an offence.

The Countryside and Rights of Way Act (CRoW) 2000 applies only to England andWales. It amends the WCA 1981 by strengthening wildlife enforcement legislation andthe protection given to SSSIs and other important wildlife sites. Also, it places a duty ongovernment ministers and officials in England and Wales to have regard for theconservation of biodiversity and maintain lists of species and habitats for whichconservation steps should be taken or promoted, in accordance with the convention ofbiological diversity. The Act also amends the WCA 1981 such that it has now become acriminal offence to “recklessly disturb” Schedule 1 nesting birds and species protectedunder Schedule 5 of the WCA (such as bats). This has potentially important implicationsfor construction contractors.

The Nature Conservation (Scotland) Act 2004, which must be read in conjunction withother relevant legislation, provides a series of measure designed to conserve biodiversityand improve biological and geological heritage of Scotland. The Act puts conservationof biodiversity and Scotland’s natural environment within a wider UK, European andglobal context.

The NERC Act 2006 is broadly concerned with access to the countryside, but isparticularly important for wildlife as it states that “every public authority must, inexercising its functions, have regard, so far as is consistent with the proper exercise ofthose functions, to the purpose of conserving biodiversity”. This is otherwise known asthe Biodiversity Duty.

Under Section 41 of the Act (Section 42 in Wales), the Secretary of State must publish alist of the living organisms and types of habitat that in the Secretary of State’s opinion areof principal importance for the purpose of conserving biodiversity. This list is based onthose species listed in the UK BAP as priority species. The S41/S42 list replaces the listpublished under Section 74 of the CRoW Act 2000. The Town and Country Planning(Trees) Regulations 1999 (as amended) (England and Wales only) includes provisions forprotecting any tree, group of trees or woodland to conserve their amenity value byallowing the local planning authority to place a Tree Preservation Order on them.


The Hedgerow Regulations 1997 introduced arrangements for local planningauthorities in England and Wales to protect important hedgerows in the countryside, bycontrolling their removal through a system of notification. It is now a criminal offence toremove a hedgerow without first notifying the local planning authority.

In Northern Ireland trees are protected under the Planning (Trees) Regulations (NI)2003 and the Planning (Northern Ireland) Order 1991.

In addition to receiving limited protection under Schedule 6 of the WCA 1981, badgersand their setts are also protected by the Protection of Badgers Act 1992. This Act wasestablished to help combat the cruel activities of badger digging and badger baiting. Itextends to England, Scotland and Wales but not to Northern Ireland.

Box 6.1 Don’t be reckless

6.3 European law and its implications for the UK

The EC is the executive body of the European Union and is responsible for formulatingpolicy and proposing new laws. The EC is divided into 24 directorates general. TheDGXI is concerned with environment, nuclear safety and civil protection.

EC law that concerns wildlife and the construction industry is usually in the form of:

� Regulations: directly applicable to all member states (for example the UK) withoutthe need for individual states to make any changes to their own law, ie theytranspose EU law into UK law. Their use in environmental law is restricted tofulfilling obligations under international treaties, for instance Regulation 33 8/97 ontrade in endangered species fulfils commitment under the convention oninternational trade in endangered species of flora and fauna

� Directives: are addressed to one of more member states and require that theychange their national laws. In the UK this is typically done by an Act of Parliamentor a statutory instrument (SI). Confusingly, EC directives are often adopted in theUK by regulations.

� Decisions: may be addressed to a state, a company or a person and are binding onthem in their entirety.

European Community directives include several that are important for natureconservation. In the construction industry, two of the most important ones are:

� the EC Birds Directive (Directive 2009/147/EC) adopted in the UK by the WCA1981 (as amended) and The Conservation of Habitats and Species Regulations 2010

� the Habitats Directive (Directive 92/43/EEC) adopted in the UK by TheConservation of Habitats and Species Regulations 2010. They are referred to as theHabitats and Species Regulations in this guide.


When planning works in an area that is suitable for birds protected under Schedule 1 or animalsprotected under Schedule 5 of the WCA 1981 (as amended) it is important to be aware of the risks andconsequences of disturbing the species or destroying its breeding site.

Continuing to carry out work without undertaking the necessary surveys or taking appropriate precautionsmay be considered to be acting “recklessly” in contravention of the WCA 1981 as amended by the CRoWAct 2000 and there is a risk of being prosecuted.


Other European legal instruments also have an effect on how ecological aspects ofdevelopment are addressed albeit not as directly as the EC Birds and HabitatsDirectives. The Marine Strategy Framework Directive (Directive 2008/56/EC) establishesa framework for community action in the field of marine environmental policy and isadopted in the UK by the Marine Strategy Regulations 2010, while the WaterFramework Directive (Directive 2000/60/EC) establishes a framework for communityaction in the field of water policy.

The EC, occasionally draws up action programmes for the environment that influencemany aspects of daily life, not just a concern for wildlife. The current environmentalaction programme (European Communities, 2010) identifies nature and biodiversity asa priority area for sustainable development and establishes several elements to protectthe biodiversity resource including a community biodiversity strategy.

Table 6.1 Internationally, nationally and locally designated sites

CIRIA C69156

International designation Implemented by

Ramsar sites

The Ramsar Convention is an international treatyfor the conservation and sustainable use ofwetlands, recognising the fundamental ecologicalfunctions of wetlands and their economic,cultural, scientific, and recreational value. It isnamed after the town of Ramsar in Iran.

Convention on Wetlands of InternationalImportance Especially As Waterfowl Habitat1971 (the Ramsar Convention on Wetlands)1972. As a matter of policy in England andWales, Ramsar sites receive the same protectionas classified SPAs and designated SACs and areprotected as SSSIs in Britain and as ASSIs inNorthern Ireland.

Biosphere reserves

Biosphere reserves are areas of terrestrial andcoastal ecosystems promoting the conservationof biodiversity with sustainable use. Allbiosphere reserves receive statutory protectionas NNRs.

United Nations Educational, Scientific andCultural Organisation (UNESCO) Man and TheBiosphere Programme 1970. All BiosphereReserves contain a core area, which is normallydesignated a SSSI or ASSI.

Geoparks

Geoparks are internationally recognised areasencompassing one or more sites of scientificimportance with respect to their geologicalheritage.

European Geoparks Network and UNESCODivision of Earth Sciences.

World Heritage Sites

Listed by UNESCO as a place of special culturalor physical significance, such as Hadrian’s Wall,Stonehenge and the New Lanark IndustrialLandscape.

UNESCO Convention for the Protection of WorldCultural and Natural Heritage 1972.

European sites

SAC, cSAC, sites of community importance (SCI)designated under the Habitats Directive andSPAs classified under the Wild Birds Directive.

EC Habitats Directive 1992 and EC BirdsDirective 1979:

Implemented through The Conservation ofHabitats and Species Regulations 2010 and theOffshore Marine Conservation (Natural Habitats&c) Regulations 2007 (as amended) via theNatura 2000 network (SACs and SPAs) and sitesof community importance. Qualifying specieslisted on Annexes 1 and 2 of the Regulations

European diploma sites

Sites with this status are recognised by theCouncil of Europe as being of particularEuropean interest for natural heritage and canbe properly protected. The Diploma can beawarded to national parks, nature reserves ornatural areas, sites or features. The award is fora five-year period.

Award established by the Council of Europe underRegulation (65) 6 of the Committee of Ministersof the Council of Europe of 6 March 1965 forcertain landscapes, reserves and protectednational features, and Resolution (73) 4 of 19January 1973 on the Regulations for theEuropean Diploma (amended and revised byResolution (88) 39 of 5 December 1988, (89) 12of 19 June 1989 and (91) 16 of 17 June 1989).


Table 6.1 (contd) Internationally, nationally and locally designated sites


National designation Supported by

SSSIs/ASSIs are the best examples of the UK’sflora, fauna, or geological or physiographicalfeatures. These sites are also used to underpinother national and international natureconservation designations. Marine areas areprotected as Marine Conservation Zones (MCZs).

National Parks and Access to the CountrysideAct 1949, WCA 1981, CRoW Act 2000.Environment (NI) Order 2002.

National Nature Reserves (NNRs)

NNRs are examples of some of the mostimportant natural and semi-natural ecosystemsin Great Britain and are managed to conservethese habitats and provide community accessand opportunities for scientific study.

NNRs are declared by the statutory countryconservation agencies under the National Parksand Access to the Countryside Act 1949 and theWCA 1981. In Northern Ireland, Nature Reservesare designated under the Nature Conservationand Amenity Lands (Northern Ireland) Order1985 (NCAL [NI] Order 1985). All areunderpinned by SSSI or ASSI protection.

Marine Conservation Zones (MCZs)

Part 5 of the Marine and Coastal Access Act2009, provides powers for Ministers to designateMCZs alongside a duty to exercise this power tocontribute to creating a network of conservationsites.

MCZs together with SACs (under the HabitatsDirective, Council Directive 92/43/EEC), SPAs(under the Wild Birds Directive, Council Directive2009/147/EC), relevant parts of the SSSIs andRamsar sites will form an ecologically coherentnetwork of marine protected areas.

Marine and Coastal Access Act 2009.

Heritage coasts (England and Wales)

A section of coast which exceeds a mile in lengthand that is exceptional in its scenic quality issubstantially undeveloped and contains featuresof special significance and interest.

The designation is agreed between localauthorities and (in England) Natural England or(in Wales) the Countryside Council for Wales. Itserves to aid local authorities in planning andmanaging the coastline.

International designation Implemented by

Sites hosting habitats/species of (European)community interest

Annexes 1 and 2 of the Habitats Directive 1992

Sites hosting significant species populationsunder the Bonn Convention (Council Decision82/461/EEC)

Convention on the Conservation of MigratorySpecies of Wild Animals 1979. Seeks to protectsuch animals using the existing framework ofhabitat and species protection.

Sites hosting significant populations under theBerne Convention.

Convention on the Conservation of EuropeanWildlife and Natural Habitats, 1979. In the EUthe obligations under the Berne Convention aremainly enacted by the Habitats Directive 1992and the establishment if the Natura 2000network of protected sites.



CIRIA C69158

National designation Supported by

Special Nature Conservation Order

Section 25 of The Conservation of Habitats andSpecies Regulations 2010 provides for a SNCOto specify operations (whether on land specifiedin that order or elsewhere and whether or notwithin the European site), which appear to theappropriate authority to be of a kind that, ifcarried out in certain circumstances or in aparticular manner, would be likely to destroy ordamage the flora, fauna, or geological orphysiographical features by reason of which theland is a European site.

Areas of special protection for birds

This designation aims to prevent the disturbanceand destruction of the birds that the area wasidentified for. In some cases this may involveprohibiting or restricting access to the site.

Wildlife refuges are equivalent to areas ofspecial protection in Northern Ireland.

WCA 1981.

National Parks

The purpose of national parks is to conserve andenhance landscapes within the countrysidewhile promoting public enjoyment of them.

National Parks and Access to the CountrysideAct 1949, NCAL (NI) Order 1985.

AONB/NSA (Scotland)

The main purpose of this designation is toconserve natural beauty. By statute, this includeswildlife, physiographic features and culturalheritage as well as the more conventionalconcepts of landscape and scenery.

National Parks and Access to the CountrysideAct 1949, NCAL(NI) Order 1985.

Environmentally sensitive areas (ESA)

The ESA scheme was introduced to encouragefarmers to adopt agricultural practices whichwould safeguard and enhance parts of thecountry of particularly high landscape, wildlife orhistoric value.

Agriculture Act 1986.

Agriculture (Environmental Areas) (NorthernIreland) Order 1987.

Natural heritage areas (NHA)

These are large areas of outstanding naturalheritage value containing a wide range of natureconservation and landscape interests. Integratedmanagement is encouraged taking account ofrecreational use and wider socio-economicactivities.

Natural Heritage (Scotland) Act 1991.

Limestone Pavement Orders

Under this designation it is prohibited to removeor damage limestone within the designated area.

WCA 1981.

Nature conservation review sites (NCR) Listed by Ratcliffe (1977).

Geological conservation review (GCR) sitesProduced by JNCC. Recommends sites forprotection as SSSIs or equivalent.



6.4 International treaties and conventions

There are several international treaties and conventions concerned with wildlife, forexample the Bonn Convention (Council Decision 82/461/EEC), the Berne Convention,the Convention on Biodiversity (see Section 6.7) and the Ramsar Convention(UNESCO, 1971). These are where states enter into legal obligations based on areas ofmutual concern. However, their effectiveness is dependent on each individual stateapplying treaty or convention at the national level. In the UK the commitments made inthe various treaties and conventions to which the UK is a signatory are normallyadopted through Acts of Parliament, such as the WCA 1981.

6.5 Licensing and protected species

In seeking to protect species at various levels, the legislation described in Table 6.1creates a licensing regime that derogates from the relevant law. The licensing regimeenables works, including surveys and development projects, to be carried out that wouldotherwise result in a breach of the legislation.


Local designation Supported by

Local Nature Reserves (LNR)

LNRs are of local, but not necessarily national,importance. An LNR can be given protectionagainst damaging operations. It also hasprotection against development on and aroundit. This protection is usually provided via the localplan/local development framework.

National Parks and Access to the CountrysideAct 1949 (as amended), Nature Conservationand Amenity Lands (Northern Ireland) Order1985

Country parks

Country parks are primarily intended forrecreation and do not necessarily have natureconservation importance. However, they mayform part of a valuable network of semi-naturalhabitats.

Statutorily declared and managed by localauthorities in England and Wales under theCountryside Act 1968 and in Scotland under theCountryside (Scotland) Act 1967. In NorthernIreland country parks exist as a non-statutorydesignation.

Sites of importance for nature conservation(SINCs), sites of nature conservation importance(SNCIs), county wildlife site, local wildlife site orsimilar.

Usually confirmed by the LPA in conjunction withthe local Wildlife Trust and listed withinattendant policies in the respective local plan orlocal development framework.

Regionally important geological sites (RIGs).

Non statutory sites. In England they are oftencalled local geological sites. In Scotland they areoften called local geodiversity sites. In Walesthey are called regionally important geodiversitysites.

Important “inventory” sites (eg ancient semi-natural woodland, and grassland, inventories).

The relevant SNCO maintains these inventories.

Other sites (not described above) with BAPpriority habitats/species.

Listed in the local BAP.

Other natural/semi-natural sites of significantbiodiversity importance, not referred to above(eg sites relevant to local BAP/natural areaobjectives).

Possibly listed in the local BAP.

Sites not in the above categories, but with somebiodiversity or earth heritage interest.

Could be any site (eg an “important” hedgerownotified under the Hedgerow Regulations 1997).


There are principally four types of activity for which a licence may be necessary whendealing with protected species:

1 Surveys (see Section 5.5).

2 Development (including European Protected Species Mitigation licence)

3 Conservation and science/education.

4 Protection of, for example, property and public health and safety.

6.5.1 General licence

When a development may affect species that are protected only under the WCA 1981,eg wild birds, there is generally no provision for granting a licence to allow derogationunder the Act. However, a licence, referred to by Natural England as a general licence,may be granted where circumstances surrounding a development fit with one of thefollowing:

� the preservation of public health or safety

� the prevention of the spread of disease

� the prevention of serious damage to livestock, foodstuffs for livestock, crops,vegetables, fruit, growing timber, property or fisheries (as listed in Section 16 of theWCA 1981).

These exceptions apply in England, Wales, Scotland and Northern Ireland. Whereapplicable these licences are issued by NE, CCW (or WAG in the case of the control ofpest bird species), the Scottish Executive and the NIEA.

Where works do not fall under these exceptions, they will not be licensed. Instead, theworks will rely on the defence that all reasonable effort has been taken to avoidcontravening the legislation. Ensuring adequate surveys and mitigation measures are inplace, the use of alternative sites has been explored and there has been liaison with therelevant SNCO are examples of defences.

6.5.2 European Protected Species Mitigation licences

As part of an approved development project, if it is planned to capture, disturb, uprootand/or relocate or damage the habitat of a species that is protected under The Habitatsand Species Regulations 2010 and Habitats Regulations (NI) 1995 (as amended) (such asbats, great crested newt, otters etc, see Box 5.3), a European Protected SpeciesMitigation (EPSM) licence must be obtained. Before applying for such a licence,appropriate surveys must have been carried out to ensure that the proposed work isbased on accurate information. Licence applications should be made to NE, CCW, theSNH, or NIEA.

Under Regulation 53(2) (e-g) and 53(9) (a-b) of the Habitat Regulations the licensingauthority must be satisfied that the development proposals are necessary for reasons of:“overriding public interest including those of a social or economic nature”. Only thenwill it consider granting a licence if: a) there is no satisfactory alternative and b) theaction authorised will not be detrimental to the maintenance of the population of thespecies concerned at a favourable conservation status in their natural range.


Due to the level of detail required, preparing the licence application can be a timeconsuming process. The licensing authority aims to determine applications within 30working days (ie six weeks) of receipt. However, licences should be obtained well inadvance since related mitigation works are likely to be needed before construction starts.

In Northern Ireland, NIEA undertakes a scientific assessment of the natureconservation implications of the proposal. NIEA is also responsible for the issuing ofwildlife licences in relation to the Wildlife (Northern Ireland) Order 1985 (as amended).

Box 6.2 Application for a EPSM licence (England and Wales) (from Natural England, 2010)

6.5.3 Development works affecting badgers

Under Section 10(1) (d) of the Protection of Badgers Act 1992, SNCOs are granted thepower to issue licences for sett interference for development purposes. The term“interference” includes damaging or destroying a badger sett, obstructing any entranceto a sett or disturbing a badger when it is occupying a sett. There is no provision for thekilling/injury or capture of badgers for development purposes and so it is not possible toobtain a licence to translocate badgers from one area to another. The SNCO will requirean application that includes the following:

� a method statement and map that clearly describes how the proposed developmentwork will interfere with the badger setts and that demonstrates how any mitigationwork will be carried out where applicable

� a copy of the planning permission or planning reference number where applicable

� a timetable of the proposed works and any associated mitigation

The licensing authorities will aim to respond to licence applications for badgers within30 working days.


The SNCO or government department that an application is made to will require:

� three copies of a method statement, including a survey report, ecological impact assessment,mitigation/compensation proposal and work programme

� one copy of a “reasoned statement of application”, justifying how and why the proposeddevelopment meets the requirements of the Habitats and Species Regulations 2010 or the HabitatRegulations 1995 (NI)

� two copies of the licence application form

� a copy of the planning permission (if applicable)

� copies of other planning documents and consents (if applicable)

� a copy of Section 106 agreement (if applicable)

� in some cases references from two people who can vouch for the suitability of the ecologist (unlessa similar license has been held in the last three years).

These can be submitted as electronic copies on a CD in which case only one hard copy of all thedocuments is required.

The method statement and mitigation/compensation proposal will need to include details of how the sitewill be managed long-term and to provide some assurance of the long-term security of the site such thatany mitigation or compensatory measures will be safeguarded for the foreseeable future.

Documentation must be provided to substantiate any claims made in the reasoned statement. Failureto provide information in the required format and the provision of insufficient information, are groundsfor refusal. The authority will use the reasoned statement of application to determine whether therequirements under Regulation 44(2) (e-g) and 44(3) (a-b) have been met. The licensing authority willconsult the LPA and any other interested parties if it considers it appropriate to do so.

Note that the licensing system may change and applicants are advised to consult with the relevantlicensing authority for the latest requirements.


6.5.4 Conservation licence

Another form of licence is a “conservation licence”. Conservation licences are generallyissued by NE, SNH, CCW or NIEA to protect a population that is under threat becauseof natural degradation of its habitat rather than cases where development will result inloss of animals and/or habitats.

Conservation licences are considered for the sole purpose of improving the habitat orconservation status of the species for which the licence is being sought.

Exceptions may occur where development works will affect a species to such an extentthat without a licence the works would be illegal, for example in the case of effects onwater vole or white-clawed crayfish. In these cases, licensing authorities may consider itappropriate to grant a conservation licence for a development “where doing so will be ofa conservation advantage”.

The licensing authority issuing the licence will require the same information as isneeded for a survey licence application (see Box 5.3).

The licensing authorities can also grant licences for the purpose of science, education,ringing or marking and photography.

From April 2010, the Marine Management Organisation will issue licences in Englishterritorial and UK offshore waters, except offshore waters near to Scotland, wherelicences will be issued by Marine Scotland or the Secretary of State depending on theactivity.

6.6 Wildlife and planning policy

The planning system is an important tool in wildlife conservation, and one that isparticularly relevant to the construction industry. Local planning authorities are undervarious statutory obligations to take account of nature conservation when theydetermine planning applications.

Local and national Government also produces planning guidance and advice indicatinghow nature conservation issues should be addressed through the planning system. Thisguidance is in the form of:

� Planning Policy Guidance (PPG) Planning Policy Statement (PPS), Minerals PolicyStatement (MPS) Mineral Planning Guidance Note (MPG) and Regional SpatialStrategy (RSS) in England

� Scottish Planning Policy (SPP)

� Planning Policy Wales (PPW), Ministerial Interim Planning Policy Statement(MIPPS), Mineral Planning Policy (MPP) and Technical Advice Note (TAN) in Wales

� Planning Policy Statement (PPS) in Northern Ireland

� circulars (issued by the CLG in England, and by the Scottish Parliament and theNational Assembly for Wales) and Government White Papers (see Table 6.2)

� Marine Policy Statement (MPS) adopted by the UK Government, the ScottishGovernment, the Welsh Assembly Government and the Northern IrelandCommission.


Table 6.2 Relevant planning policy guidance and advice throughout the UK (nature conservation andbiodiversity) (after Oxford, 2000)

Notes:

PPS 9 is being revised and it is anticipated that this document will be incorporated within planningguidance that has much wider scope

* these references are specific to each country and are additional to the UK BAP (1994) and JNCC(1995–1996).

Many of these guidance notes refer to biodiversity and broader sustainability issues, andsome deal with it specifically, for example PPS 9 (and the devolved administrations’equivalents). In effect, these give guidance on the importance that government attachesto aspects of wildlife conservation and they assist local authorities in making decisionsthat may affect wildlife within their own area. In the first instance always consult theprimary guidance relevant to that part of the UK where the works are taking place, iePPS9, TAN5, NPPG14 or PPS2.

At the local level, a development under the terms of the planning acts has to acquireplanning permission from the local planning authority before it can proceed. InNorthern Ireland there is no local planning authority as such and the Northern IrelandPlanning Service fulfils the same role.

RegionPlanning guidance on nature

conservation issuesOther guidance on biodiversity

England

PPS 9 (2005)* and accompanying Circular06/05: Biodiversity and geologicalconservation – statutory obligations andtheir impact within the planning systemCircular 11/95: The use of conditions inplanning permissionsCircular 05/05: Planning obligationsCircular 02/99: Environmental impactassessment* see also other PPSs, regional spatial

strategies guidance and MPSs.

Defra (2002)

Wales

Technical Advice Note (TAN) 5: Natureconservation and planning (2009)

Planning Policy Wales (2010)

Circular 35/95: The use of conditions inplanning permissions

Welsh Assembly Government (2009) OneWales: One planet, a new sustainabledevelopment scheme for WalesWelsh Assembly Government (2002)Welsh sustainable development schemeWales Biodiversity Partnership:<www.biodiversitywales.org.uk/>

Scotland

Scottish Planning Policy (2000) PlanningAdvice Note (PAN) 60: Planning for naturalheritageThe Scottish Government (1996) Circular12/1996 Town And Country Planning(Scotland) Act 1972. Planning Agreements

The Scottish Government (2007) ScottishPlanning Series: Planning Circular 8 2007The Environmental Impact Assessment(Scotland) Regulations 1999

Planning Advice Note (PAN) 58:Environmental Impact Assessment

NorthernIreland

PPS 2 (1997): Planning and natureconservation


As a response to a planning application, the local planning authority (LPA) may:

� refuse planning permission, in which case the developer can appeal to the Secretaryof State (or national equivalent), who then may decide to deal with the appealthrough written representations, an informal hearing or to hold a public inquiry todebate the issue

� grant planning permission without conditions

� grant planning permission but with conditions attached or with a negotiatedagreement with the developer to ensure that certain obligations are met. Theseconditions or obligations are necessary to make the proposed developmentacceptable for planning, and without them planning permission would be refused.Planning agreements are referred to as Section 106 Agreements in England andWales and Section 75 Agreements in Scotland (see Box 6.3).

The LPA has the power to require that a developer provides sufficient information toenable a planning application to be determined. This is especially so if the proposeddevelopment area is designated as a European nature conservation site. Part IV of TheConservation of Habitats and Species Regulations 2010 requires that a developerapplying for planning consent must provide any information required by the competentauthority (the LPA in most cases) for the purposes of carrying out a HRA. The“competent authority” should agree to the plan or project only after having ascertainedthat it will not adversely affect the integrity of the European site.

However, the competent authority may agree to the plan or project despite a negativeassessment, subject to being satisfied that there are no alternative solutions, and thereexist imperative reasons of overriding public interest. In these cases compensatorymeasures must be put in place to offset negative effects and ensure that the overallcoherence of the network of European sites is protected. Also, the competent authorityis required to notify the Secretary of State for Communities and Local Government,who will inform the European Commission about the compensatory measures adopted.

Box 6.3 Planning obligations or agreements (Section 106 Agreements in England and Wales,Section 75 Agreement in Scotland, Article 40 Agreement in Northern Ireland) andconditions (from CLG, 1995, Circular 05/05 and Oxford, 2000)

CIRIA C69164

Planning obligations or agreements can be made in England and Wales under the provisions of Section106 of the Town and Country Planning Act 1990, in Scotland under Section 75 of the Town and CountryPlanning (Scotland) Act 1997 and in Northern Ireland under the Planning (Northern Ireland) Order 1991.They are normally reached by agreement between the developer and the LPA, but in certaincircumstances the LPA can impose obligations along with granting planning permission.

Obligations should:

� serve a planning purpose

� relate to the proposed development

� be related in scale and kind to the development proposed

� satisfy the test of reasonableness.

Planning conditions are similar to planning obligations, but should not be duplicated by them. They arenormally used to avoid or mitigate effects, for example on wildlife.

The tests for planning conditions require that they are:

� necessary

� relevant to planning-

� relevant to the development permitted

� enforceable

� precise

� reasonable in all other respects.


Box 6.4 Planning permission achieved – what next?

6.7 Biodiversity Action Plans

BAPs are another form of guidance of increasing importance in their potential effect onthe construction industry. At the 1992 United Nations Conference on Environment andDevelopment (UNCED) conference in Rio, the UK Government signed up to theconvention on biological diversity and as a result HMSO published guidance on BAPs(1994). From this has emanated BAPs at the national and local levels. These action plansstate what is needed to conserve and improve the status of certain wildlife species andhabitats that are perceived to be under threat of long-term damage, decline or loss. Theaction plans are worked out in great detail, including who should be involved in theprocess, the ways in which the target is to be achieved, and the costs of achieving it.

Since 1994, BAPs have begun to appear at a variety of different levels. England,Scotland, Wales and Northern Ireland all have their own national BAPs. Many countiesin the UK now also have a BAP or are working on one, and many smaller authorities,such as London boroughs or district councils, have produced their own local plans.Important governmental organisations have also produced their own BAP, for examplethe Highways Agency and the Environment Agency (see Useful websites). Furtherinformation on biodiversity action plans can be found through the Biodiversity ActionPlan website (see Useful websites).

Often the targets set in a local BAP refer to habitats or species that may not be thoughtof as rare at the national level, and may not be protected in any way. However, at thelocal level these species and habitats are considered to be important. So, in developing asite while there may be no effect on any land designated as being important for wildlife,or containing or supporting protected species, it may comprise habitats or supportspecies for which there is a local action plan (habitat action plan [HAP] or species actionplan [SAP]).

UK BAP species and habitats have acquired greater significance since 2006 as theycomprise the bulk of those included in the NERC Act 2006 S41/S42 list and areidentified as species and habitats of principal importance for biodiversity. This listreplaces that published by Defra under Section 74 (2) of the CRoW Act 2000. UnderPPS 9 local authorities are required to take measures to protect the habitats of species ofprincipal importance for biodiversity including ensuring that these species are protectedfrom the adverse effects of development, where appropriate, by using planningconditions or obligations.


If the site already has planning permission, site personnel need to be aware of any planning conditionsorlegal agreements that may have been made.Ecological conditions may refer to carrying out site surveys,to fencing off sensitive areas of the sitebefore work begins or to seasonal constraints on work. Often theyinclude measures to mitigate for anyloss or damage to wildlife and habitats.

Key guidance

Check with the local planning authority to see if BAP habitatsand species are included within any planning policies.


Box 6.5 BAPs – what to do

6.8 Ecology and sustainable development

In 2008, the UK Government issued its Strategy for Sustainable Construction (StrategicForum for Construction, 2008) to support its wider policy document by HMGovernment (2005).

The Strategy identifies a list of actions and deliverables that contribute to its overalltarget: that the conservation and improvement of biodiversity within and aroundconstruction sites is considered throughout all stages of a development. Actions include:

� all construction projects over £1m to have biodiversity surveys carried out andnecessary actions instigated

� biodiversity toolkit to be prepared for planners and local biodiversity officers

� set up a cross-sectoral workshop and task group to develop a roadmap for theindustry to maintain and improve biodiversity in support of the target.

A progress report on the Strategy was produced in 2009 to measure the progresstowards the targets set out in it and make recommendations for future work.

In March 2009 the UK Green Building Council (UKGBC) issued its report onbiodiversity and the built environment in response to the last of these actions. A Scottishequivalent to guidance by HM Government (2005) was published in December 2005.Chapter 9 follows the main outcomes for Scotland where:

� biodiversity loss has been halted

� natural resources are managed sustainably

� the environment is protected effectively, on the basis of evidence and using the bestavailable science.

The Welsh Assembly Government’s sustainable development scheme was published inMay 2009. In its Chapter on sustaining the environment it identifies as a headlineindicator “per cent of Biodiversity Action Plan habitats and species recorded as stable orincreasing”.

Northern Ireland’s first sustainable development strategy was published on 9 May 2006.The Strategy sets five strategic objectives on natural resource protection andenvironmental improvement, they are to:

� conserve the landscape and manage it in a more sustainable way

� protect and improve the freshwater and marine environment

� improve air quality

CIRIA C69166

It is important that any effects on BAP habitats or species are kept to a minimum, as with designatedhabitats or protected species. In terms of any habitat improvement or creation, assisting a BAP inmeeting its target will be seen as the right way to proceed and can result in the development being morefavourably received by various parties during the planning process.

The construction industry can contribute to HAPs and SAPs irrespective of what they are doing in relationto a particular development. Companies are now investing money into specific plans for a species or ahabitat that they have adopted as their own. This not only helps wildlife, but can help raise interest andawareness for the local community and the site workers.


� conserve, protect, improve and sustainably reuse the historic environment

� protect and improve biodiversity.

These national strategies are represented in a variety of ways, for example throughaward schemes that are based on the environmental effect of specific constructionprojects:

BREEAM (the BRE Environmental Assessment Methodology): considers a range ofenvironmental effects, including those on ecology of various building types includinghouses and offices (see Box 6.6).

CEEQUAL: developed by a team led by the Institution of Civil Engineers and considers12 environmental aspects in detail including ecology and biodiversity (see Box 6.6).

Code for Sustainable Homes (CfSH): similar to the BREEAM for homes (EcoHomes),which it replaces.

Box 6.6 BREEAM and CEEQUAL

6.9 General guidance

Wildlife is probably one of the most popular non-fiction topics for printed matter andthere is no shortage of available guidance. However, finding the appropriate referencesfor dealing with issues related to the construction industry is not always straightforward.The References section of this guide provides an extensive and useful range ofpublications and sources of information.

Several main references have already been referred to throughout this guide, including:

� Oxford, M J (2000) Developing naturally – a handbook for incorporating the naturalenvironment into planning and development, Association of Local GovernmentEcologists (ALGE), Kent. This is a comprehensive guide at the whole developmentprocess, but with a special emphasis on planning aspects. It provides a detailedapproach to ensuring that wildlife and other environmental features are taken dueaccount of at each step

� Rees, P A (2002) Urban environments and wildlife law: a manual for the constructionindustry, Wiley-Blackwell, UK. This is useful for its extremely detailed coverage ofthe legal aspects of UK wildlife and landscape protection. It also providesinformation on the organisation of nature conservation in the UK, European andinternational law, and planning and environmental impact assessment issues


BREEAM and its relatives (such as the Code for Sustainable Homes) are a means of reviewing andimproving the environmental performance of buildings. Site ecology is among the criteria that are usedto assess the potential environmental effects of a building. Credits can be achieved for minimisingecological damage, for designing in positive improvement of site ecology and for protecting existingfeatures.

Code for Sustainable Homes measures the sustainability of a new home against categories ofsustainable design using a one to six star rating system. The Code sets minimum standards for energyand water use at each level and replaces the EcoHomes scheme in England. From May 2008 it becamemandatory for new homes to be rated against the Code.

CEEQUAL the assessment and awards scheme for improving sustainability in civil engineering,landscaping and the public realm. Ecology is one of the 12 sections that a project’s environmentalperformance is assessed against. Points are given for good practice in respect of a range of issuesincluding legal compliance, conservation and improvement of biodiversity, habitat creation measures,monitoring and maintenance.


� Fry, M (2008) A manual of nature conservation law (second edition), NCWG PublishingLtd, Nottingham. This provides the full text of some of the most important Actsfully updated and amended

� guidance manuals produced by the JNCC. These are good practice guidesproduced by the experts and containing information about the practical issues ofdealing with the group of animals being considered. Other specialist organisationsincluding the SNCOs, the RSPB, Plantlife, Froglife, the Bat Conservation Trust, theBritish Butterfly Conservation Society, the Badger Trust, and The Mammal Society,produce similarly expert guidance documents

� Environment Agency produces useful documentation on pollution prevention (seeUseful websites), wetland issues, species and habitats, and gives advice on the controlof invasive plants such as Japanese knotweed. Other agencies that produceinformation on noxious or invasive plants include the Centre for Aquatic PlantManagement and Defra or its Scottish, Welsh and Northern Irish equivalents.

Other references that are worth highlighting are:

� TSO (2005) Design manual for roads and bridges (DMRB). Volume 10 of the manualdeals with environmental design and management, and Section 4 exclusively withnature conservation. This section provides expert guidance including legislativebackground, habitat requirements, surveying and mitigation measures, on otters,bats, dormice, amphibians and badgers. This is a useful document for anyonedealing with these species and other wildlife issues irrespective of whether or notroads are involved

� Anderson, P and Groutage, P (2003) Habitat translocation – best practice guide, C600,CIRIA. If translocation of wildlife habitats is the only option (and it should only be alast resort), then this guidance should be consulted before the planning stage. Itdiscusses the various stages of translocation, including the planning process,contractual issues, how to do it, and how to manage it once it has been achieved.The guidance follows work on an advice note on habitat translocation prepared forthe DMRB, modified and extended to make it applicable to all kinds ofdevelopment.

� Other useful CIRIA publications covering wildlife issues include C692 (Audus et al,2010) C584 (Budd et al, 2003) and C679 (Wade et al, 2008). At the time of writingCIRIA is preparing guidance on delivering biodiversity benefits through greeninfrastructure.

Finally, this guide is accompanied by a CD-Rom containing habitat and species briefings,and toolbox talks outlined as follows:

� Habitat briefings: these provide an introduction to a selection of the main wildlifehabitats found around the UK. The habitats are not necessarily protected, but goodexamples may well be designated in some way for their wildlife importance.

� Species briefings: these provide details on how to identify a particular animal orplant, where it is likely to be found, what legal protection they receive, how tosurvey them, and what can and cannot be done to mitigate for any effects. Theyinclude some pest species as well as those that are protected.

� Toolbox talks: these are shortened versions of the species briefing sheets. Theyfocus on the main aspects of what someone working on a project should knowwithout all the details contained within the briefing sheets. It is recommended thatanyone giving a toolbox talk should have read and be familiar with the relevantspecies briefing first.


Table 6.3 attempts to provide a useful summary of the relevant main points on alllegislation and guidance that are current in the UK. However, it does not provide thedefinitive word so for further information either consult the primary legislation or seekguidance from a lawyer. An abbreviations list of those used in the table is provided at thebeginning of this guide. The following also provide useful reference material: Fry(2008), Rees (2002), Oxford (2000), and also websites for Defra, The ScottishGovernment, the Welsh Assembly Government, the Department for the EnvironmentNorthern Ireland, and The Royal Town Planning Institute, and the UK Governmentwebsite for legislation (see Useful websites).


Legi

slat

ion/

Pla

nnin

gW

here

doe

s it

app

ly?

Effe

ctW

hat

does

it m

ean

to y

ou?

Oth

er in

form

atio

n

A R

elev

ant p

lann

ing

legi

slat

ion

Tow

n an

d Co

untr

y Pl

anni

ngAc

t 19

90

(as

amen

ded)

Engl

and

and

Wal

es

Plac

es a

dut

y on

LPA

s to

mak

e ad

equa

tepr

ovis

ion

for t

rees

whe

n pl

anni

ng p

erm

issi

on is

gran

ted.

It p

rote

cts

exis

ting

tree

s un

der a

Tre

ePr

eser

vatio

n O

rder

(TPO

) and

allo

ws

LPAs

tore

quire

that

new

tree

s m

ay b

e pl

ante

d an

dth

at o

nce

plan

ted

are

then

cov

ered

by

a TP

O.

Tree

s in

des

igna

ted

cons

erva

tion

area

s (ie

build

ing

cons

erva

tion

area

s) a

re s

ubje

ct to

stat

utor

y re

stric

tions

that

pro

hibi

t the

ir be

ing

cut d

own,

lopp

ed, u

proo

ted,

wilf

ully

dam

aged

or d

estr

oyed

.

Find

out

whe

ther

or n

ot a

tree

(s) o

n th

e pr

ojec

tis

cov

ered

by

a TP

O, o

r whe

ther

the

proj

ect i

slo

cate

d w

ithin

a d

esig

nate

d co

nser

vatio

n ar

ea.

Tow

n an

d Co

untr

y Pl

anni

ng(S

cotla

nd) A

ct 1

997

Scot

land

As a

bove

As a

bove

Plan

ning

(Nor

ther

n Ire

land

)O

rder

19

91N

orth

ern

Irela

ndAs

abo

veAs

abo

veIn

Nor

ther

n Ire

land

LPA

dut

ies

are

carr

ied

out

by th

e D

epar

tmen

t of E

nviro

nmen

t Pla

nnin

gSe

rvic

e.

The

Tow

n an

d Co

untr

yPl

anni

ng T

rees

Reg

ulat

ions

199

9 (S

I 19

99

No

189

2)

Engl

and

and

Wal

es

LPAs

may

pro

tect

tree

s by

mak

ing

a TP

O. A

TPO

can

be u

sed

to p

rote

ct:

�a

sing

le tr

ee

�a

grou

p of

tree

s

�a

woo

dlan

d.

Do

not c

ut, l

op, u

proo

t, da

mag

e or

des

troy

tree

s or

woo

dlan

d th

at a

re p

rote

cted

by

a TP

O.

Follo

w g

uide

lines

for p

rote

ctin

g tr

ees

onco

nstr

uctio

n si

tes

cont

aine

d in

BS

58

37:2

00

5.

Ther

e ar

e ex

empt

ions

to th

is, f

or e

xam

ple

if th

etr

ee is

dan

gero

us, o

r if t

he L

PA h

as c

onse

nted

to a

ny o

ther

wis

e pr

ohib

ited

oper

atio

ns.

Tree

s ca

n on

ly b

e fe

lled

afte

r obt

aini

ng li

cenc

efr

om th

e Fo

rest

Aut

horit

y. T

his

does

not

app

lyto

:

�tr

ees

in g

arde

ns, o

rcha

rds,

chu

rchy

ard

orpu

blic

ope

n sp

aces

�fr

uit t

rees

�de

ad o

r dis

ease

d tr

ess

�tr

ees

of 8

cm

or l

ess

in d

iam

eter

mea

sure

d at

1.3

m a

bove

gro

und

�th

inni

ngs

with

a d

iam

eter

of 1

0 c

m o

r les

sor

cop

pice

or u

nder

woo

d w

ith a

dia

met

erof

15

cm

or l

ess.

Plan

ning

(Tre

es) R

egul

atio

ns(N

I) 2

00

3 (a

s am

ende

d)N

orth

ern

Irela

ndAs

abo

veAs

abo

veAs

abo

ve

CIRIA C69170

Tabl

e 6.

3Su

mm

ary

of w

ildlif

e le

gisl

atio

n an

d pl

anni

ng g

uida

nce

rele

vant

to th

e co

nstr

uctio

n in

dust

ry in

the

UK



Tabl

e 6.

3 (c

ontd

)Su

mm

ary

of w

ildlif

e le

gisl

atio

n an

d pl

anni

ng g

uida

nce

rele

vant

to th

e co

nstr

uctio

n in

dust

ry in

the

UK

Legi

slat

ion/

Pla

nnin

g gu

idan

ceW

here

doe

s it

app

ly?

Effe

ctW

hat

does

it m

ean

to y

ou?

Oth

er in

form

atio

n

The

Plan

ning

and

Com

pens

atio

nAc

t 19

91En

glan

d an

d W

ales

Req

uire

s LP

As to

incl

ude

with

in th

eir

deve

lopm

ent p

lans

, pol

icie

s fo

r “th

eco

nser

vatio

n of

the

natu

ral b

eaut

y an

dam

enity

of l

and”

and

“th

e im

prov

emen

t of

the

phys

ical

env

ironm

ent”

.

Dea

ls w

ith c

ontr

aven

tion

of p

lann

ing

law

san

d en

forc

emen

t of p

lann

ing

cond

ition

s.

Abid

e by

pla

nnin

g la

w a

nd a

ny p

lann

ing

cond

ition

s th

at m

ay h

ave

been

set

for t

hepr

ojec

t.

Som

e LP

As in

terp

ret t

his

Act a

s pr

ovid

ing

just

ifica

tion

for s

eeki

ng a

net

gai

n fo

rbi

odiv

ersi

ty fr

om a

dev

elop

men

t pro

posa

l.

Nat

iona

l Par

ks a

nd A

cces

s to

the

Coun

trys

ide

Act 1

949

(as

amen

ded

by th

e En

viro

nmen

t Act

199

5, t

he E

nviro

nmen

t Pro

tect

ion

Act 1

99

0, C

RoW

Act

20

00

and

the

NER

C Ac

t 20

06

)

Engl

and

and

Wal

es

Esta

blis

hed

natio

nal p

arks

Esta

blis

h w

heth

er th

e pr

ojec

t is

in o

r nea

r ana

tiona

l par

k. E

nviro

nmen

tal c

onst

rain

ts a

relik

ely

to b

e m

ore

strin

gent

with

in a

par

k.

Nat

iona

l par

ks u

sual

ly c

ome

unde

r one

plan

ning

aut

horit

y, e

g D

artm

oor N

atio

nal

Park

Aut

horit

y. T

here

are

eig

ht n

atio

nal p

arks

in E

ngla

nd a

nd th

ree

in W

ales

. Als

o, th

eB

road

s in

Nor

folk

and

Suf

folk

hav

eeq

uiva

lent

sta

tus

and

ther

e is

one

pro

pose

dN

atio

nal P

ark

(Sou

th D

owns

).

Esta

blis

hed

AON

Bs.

AO

NB

s ar

e ar

eas

ofco

untr

ysid

e co

nsid

ered

to h

ave

sign

ifica

ntla

ndsc

ape

valu

e in

Eng

land

, Wal

es o

rN

orth

ern

Irela

nd, t

hat h

as b

een

spec

ially

desi

gnat

ed b

y th

e re

leva

nt S

NCO

.

As fo

r nat

iona

l par

ks

Ther

e ar

e 37

AO

NB

in E

ngla

nd a

nd fi

ve in

Wal

es. O

ther

non

-sta

tuto

ry d

esig

natio

nsin

clud

e he

ritag

e co

asts

. NSA

s ar

e th

eSc

ottis

h eq

uiva

lent

of A

ON

Bs.

Enab

led

loca

l aut

horit

ies

to e

stab

lish

stat

utor

y LN

Rs

for t

he p

rote

ctio

n of

pla

ces

oflo

cal w

ildlif

e or

geo

logi

cal i

nter

est.

If th

e de

velo

pmen

t aff

ects

a L

NR

the

LPA

will

requ

ire fu

ll m

itiga

tion

for a

ny d

amag

e or

loss

.Th

ere

are

over

12

00

LN

Rs

in E

ngla

nd.

Nat

ure

Cons

erva

tion

and

Amen

ityLa

nds

(NI)

Ord

er 1

98

5N

orth

ern

Irela

ndAs

abo

veAs

abo

veTh

ere

are

nine

AO

NB

s in

Nor

ther

n Ire

land

.

Hed

gero

w R

egul

atio

ns 1

997

(S

I 19

97/1

160

)En

glan

d an

d W

ales

Giv

es th

e LP

As th

e po

wer

s to

pre

vent

the

rem

oval

of “

impo

rtan

t” h

edge

row

s. M

akes

itill

egal

to re

mov

e m

ost c

ount

rysi

dehe

dger

ows

with

out p

erm

issi

on o

f the

LPA

.

Mak

e su

re to

be

awar

e of

any

“im

port

ant”

hedg

erow

s on

the

site

and

take

ste

ps to

prot

ect t

hem

. Ens

ure

that

a h

edge

row

rem

oval

not

ice

is s

ubm

itted

to th

e LP

A be

fore

rem

ovin

g an

y se

ctio

n of

a h

edge

row

that

ism

ore

than

20

m lo

ng. T

his

is n

ot re

quire

d if

rem

oval

is in

ado

ptio

n of

a p

lann

ing

perm

issi

on.

The

defin

ition

of a

n im

port

ant h

edge

row

isse

t out

in th

e R

egul

atio

ns. I

t inc

lude

s he

dges

that

hav

e ex

iste

d fo

r at l

east

30

yea

rs a

ndar

e of

arc

haeo

logi

cal a

nd h

isto

rical

impo

rtan

ce o

r are

of w

ildlif

e an

d la

ndsc

ape

impo

rtan

ce. I

f the

hed

gero

w is

impo

rtan

t and

perm

issi

on is

refu

sed

to re

mov

e it,

the

LPA

mus

t ser

ve a

hed

gero

w re

tent

ion

notic

e.


Legi

slat

ion/

Pla

nnin

g gu

idan

ceW

here

doe

s it

app

ly?

Effe

ctW

hat

does

it m

ean

to y

ou?

Oth

er in

form

atio

n

Coun

trys

ide

Act 1

96

8En

glan

d an

d W

ales

Gav

e th

e (t

hen)

Nat

ure

Cons

erva

ncy

Coun

cil

(NCC

) the

pow

ers

to e

nter

into

man

agem

ent

agre

emen

ts w

ith o

wne

rs a

nd o

ccup

iers

or

SSSI

s.

Find

out

if w

orks

will

take

pla

ce in

or n

ear a

SSSI

. If s

o, b

e su

re to

acq

uire

in a

dvan

ce a

nyin

form

atio

n on

exi

stin

g m

anag

emen

tag

reem

ents

.

The

Wild

life

and

Coun

trys

ide

Act 1

981

(as

amen

ded)

bes

tow

s a

duty

on

the

gove

rnm

ent

to n

otify

land

as

an S

SSI i

f the

land

isim

port

ant i

n sc

ient

ific

term

s du

e to

it is

flor

aor

faun

a or

geo

logi

cal f

eatu

res.

The

se a

rele

gally

pro

tect

ed a

reas

of l

and.

Loca

l aut

horit

ies

can

prov

ide

coun

try

park

sfo

r pub

lic e

njoy

men

t.

Any

effe

cts

on a

cou

ntry

par

k w

ill b

eco

nditi

oned

und

er p

lann

ing

perm

issi

on.

Mak

e su

re to

und

erst

and

the

reas

ons

for

thei

r des

igna

tion

and

wha

t spe

cial

wild

life

inte

rest

they

may

hav

e.

Coun

try

park

s m

ay o

r may

not

incl

ude

site

sde

sign

ated

as

bein

g of

wild

life

impo

rtan

ce,

incl

udin

g SS

SIs

or S

NCI

s. e

tc

Envi

ronm

ent (

NI)

Ord

er 2

00

2N

orth

ern

Irela

ndG

ives

the

NIE

A po

wer

s to

ent

er in

tom

anag

emen

t agr

eem

ents

with

ow

ners

and

occu

pier

s of

ASS

Is.

As a

bove

, but

SSS

Is a

re A

SSIs

in N

orth

ern

Irela

nd.

Envi

ronm

enta

l Pro

tect

ion

Act 1

99

0En

glan

d an

d W

ales

Crea

ted

Engl

ish

Nat

ure

(now

Nat

ural

Engl

and)

and

CCW

. Als

o cr

eate

d th

e JN

CC.

The

JNCC

is th

e st

atut

ory

advi

ser t

ogo

vern

men

t on

UK

and

inte

rnat

iona

l nat

ure

cons

erva

tion.

JN

CC d

eliv

ers

the

UK

and

inte

rnat

iona

l res

pons

ibili

ties

of th

e fo

urco

untr

y na

ture

con

serv

atio

n ag

enci

es.

Thes

e or

gani

satio

ns a

re th

e go

vern

men

t’sad

viso

rs o

n na

ture

con

serv

atio

n. A

ny a

dvic

eor

gui

danc

e th

ey p

rovi

de s

houl

d be

str

ictly

adhe

red

to.

CIRIA C69172

Tabl

e 6.

3 (c

ontd

)Su

mm

ary

of w

ildlif

e le

gisl

atio

n an

d pl

anni

ng g

uida

nce

rele

vant

to th

e co

nstr

uctio

n in

dust

ry in

the

UK



Tabl

e 6.

3 (c

ontd

)Su

mm

ary

of w

ildlif

e le

gisl

atio

n an

d pl

anni

ng g

uida

nce

rele

vant

to th

e co

nstr

uctio

n in

dust

ry in

the

UK

Legi

slat

ion/

Pla

nnin

g gu

idan

ceW

here

doe

s it

app

ly?

Effe

ctW

hat

does

it m

ean

to y

ou?

Oth

er in

form

atio

n

NER

C Ac

t 20

06

Engl

and

and

Wal

es

The

Act i

ntro

duce

s a

stat

utor

y re

quire

men

t for

all p

ublic

bod

ies

in E

ngla

nd a

nd W

ales

to h

ave

rega

rd to

the

cons

erva

tion

of b

iodi

vers

ityth

roug

h th

eir v

ario

us fu

nctio

ns. T

he A

ct a

lso

incr

ease

s th

e le

vel o

f pro

tect

ion

of n

ests

of

cert

ain

wild

bird

that

hab

itual

ly re

use

the

sam

e ne

st s

ite, a

nd it

clo

ses

seve

ral g

aps

inth

e pr

otec

tion

of S

SSIs

. The

Act

cre

ated

Nat

ural

Eng

land

thro

ugh

a m

erge

r of E

nglis

hN

atur

e, D

efra

’s R

ural

Dev

elop

men

t Ser

vice

and

the

Coun

trys

ide

Agen

cy.

For o

pera

tors

in th

e pr

ivat

e se

ctor

, the

prim

ary

effe

ct o

f the

Act

will

be

thro

ugh

the

plan

ning

proc

ess.

In fu

lfilli

ng th

eir b

iodi

vers

ity d

uty

(info

rmed

by

the

rele

vant

pla

nnin

g an

dbi

odiv

ersi

ty p

olic

y do

cum

ent i

n En

glan

d an

dW

ales

, eg

PPS

9 a

nd T

AN 5

) LPA

s an

d ot

her

publ

ic b

odie

s m

ust e

nsur

e pr

otec

ted

and

prio

rity

habi

tats

and

spe

cies

are

con

side

red

asa

mat

eria

l con

side

ratio

n w

ithin

the

plan

ning

syst

em. A

s su

ch L

PAs

will

exp

ect s

uffic

ient

info

rmat

ion

to b

e su

bmitt

ed w

ith a

nap

plic

atio

n to

ena

ble

its e

ffec

ts o

n bi

odiv

ersi

tyto

be

asse

ssed

fully

. Thi

s w

ill in

clud

e su

rvey

info

rmat

ion,

ass

essm

ent o

f eff

ects

and

prop

osal

s fo

r avo

idan

ce, m

itiga

tion,

com

pens

atio

n an

d im

prov

emen

t.

For o

pera

tors

in th

e pu

blic

sec

tor,

the

Act n

owal

so im

pose

s up

on th

em a

dut

y to

hav

e re

gard

to b

iodi

vers

ity c

onse

rvat

ion

in c

once

ptio

n,de

sign

, ado

ptio

n an

d af

ter c

are

of a

ny o

f the

irde

velo

pmen

t pro

ject

s.

Nat

ure

Cons

erva

tion

(Sco

tland

)Ac

t 20

04

Scot

land

Intr

oduc

es a

sta

tuto

ry re

quire

men

t for

all

publ

ic b

odie

s in

Sco

tland

to h

ave

rega

rd to

the

cons

erva

tion

of b

iodi

vers

ity th

roug

h th

eir

vario

us fu

nctio

ns. T

he A

ct a

lso

incr

ease

s th

ele

vel o

f pro

tect

ion

of n

ests

of c

erta

in w

ild b

irdth

at h

abitu

ally

reus

e th

e sa

me

nest

site

, and

clos

es s

ever

al g

aps

in th

e pr

otec

tion

of S

SSIs

.

Sim

ilar t

o th

e N

ERC

Act 2

00

6, b

ut in

form

ed b

yth

e re

leva

nt p

lann

ing

and

biod

iver

sity

pol

icy

docu

men

t in

Scot

land

, eg

NPP

G 1

4 a

nd P

AN6

0).

Not

e th

at th

e Sc

ottis

h pl

anni

ng a

dvic

esy

stem

is d

ue to

und

ergo

maj

or c

hang

es, s

oit

is im

port

ant t

o ch

eck

for t

he la

test

amen

dmen

ts

Nat

iona

l Pla

nnin

g Po

licy

Gui

delin

es (N

PPG

) 14

(19

99

)Sc

otla

nd

Giv

es g

uida

nce

on th

e go

vern

men

t pol

icie

s fo

rth

e co

nser

vatio

n an

d en

hanc

emen

t of

Scot

land

’s n

atur

al h

erita

ge a

nd h

ow th

eysh

ould

be

refle

cted

in la

nd u

se p

lann

ing.

Sim

ilar g

uida

nce

to P

PS 9

con

cern

ing

the

prot

ectio

n of

des

igna

ted

site

s, a

nd p

rote

cted

and

UK

BAP

spe

cies

thro

ugh

the

plan

ning

syst

em. I

n pa

rtic

ular

see

ks to

ens

ure

deve

lopm

ent w

ill n

ot re

sult

in th

e lo

ss o

fbi

odiv

ersi

ty v

alue

. The

pla

nner

or d

esig

ner

shou

ld b

e aw

are

of a

nd fo

llow

the

guid

ance

give

n on

wild

life

in v

ario

us S

cott

ish

and

UK

-w

ide

plan

ning

doc

umen

ts.

Not

e th

at th

e Sc

ottis

h pl

anni

ng a

dvic

esy

stem

is d

ue to

und

ergo

maj

or c

hang

es, s

oit

is im

port

ant t

o ch

eck

for t

he la

test

amen

dmen

ts


Legi

slat

ion/

Pla

nnin

g gu

idan

ceW

here

doe

s it

app

ly?

Effe

ctW

hat

does

it m

ean

to y

ou?

Oth

er in

form

atio

n

Plan

ning

Adv

ice

Not

e (P

AN) 6

0(2

00

0)

Scot

land

Prov

ides

adv

ice

from

the

Scot

tish

Exec

utiv

e on

the

trea

tmen

t of n

atur

al h

erita

ge is

sues

inde

velo

pmen

t pla

ns a

nd s

uppl

emen

tary

pol

icy

guid

ance

.

In p

artic

ular

the

PAN

cov

ers

issu

es s

uch

as:

�as

sess

ing

the

reso

urce

and

set

ting

obje

ctiv

es

�la

ndsc

ape

char

acte

r and

bio

dive

rsity

�lo

cal d

esig

natio

ns a

nd g

reen

spac

e.

It al

so p

rovi

des

som

e br

ief g

uida

nce

on d

ealin

gw

ith w

ildlif

e on

site

.

As a

bove

Not

e th

at th

e Sc

ottis

h pl

anni

ng a

dvic

esy

stem

is d

ue to

und

ergo

maj

orch

ange

s, s

o it

is im

port

ant t

o ch

eck

for t

he la

test

am

endm

ents

.

Plan

ning

Pol

icy

Stat

emen

t(P

PS) 9

(20

05

)

Circ

ular

06

/20

05

Engl

and

PPS

9 a

nd th

e ac

com

pany

ing

Circ

ular

enc

oura

ges

the

cons

ider

atio

n of

nat

ure

cons

erva

tion

at lo

cal

and

regi

onal

pla

nnin

g le

vels

.

Also

, it s

ets

out e

xpec

tatio

ns o

f whe

n an

appr

opria

te a

sses

smen

t or H

abita

ts R

egul

atio

nsAs

sess

men

t (H

RA)

will

be

need

ed.

It pl

aces

a d

uty

on L

PAs

to h

ave

rega

rd fo

r spe

cies

and

habi

tats

of p

rinci

pal i

mpo

rtan

ce th

roug

h th

eir

plan

ning

func

tion,

mak

es p

rote

cted

spe

cies

am

ater

ial c

onsi

dera

tion

in th

e pl

anni

ng p

roce

ssan

d se

ts o

ut th

e re

quire

men

t for

all

nece

ssar

ysu

rvey

s to

hav

e be

en c

ompl

eted

bef

ore

dete

rmin

atio

n of

the

plan

ning

app

licat

ion.

The

plan

ner o

r des

igne

r sho

uld

be a

war

e of

the

guid

ance

giv

en o

n w

ildlif

e in

PPS

9 a

nd o

ther

plan

ning

doc

umen

ts. E

nsur

e th

at a

ll th

e re

leva

ntec

olog

ical

sur

veys

hav

e be

en c

ompl

eted

bef

ore

subm

ittin

g a

plan

ning

app

licat

ion

and

issu

esre

gard

ing

desi

gnat

ed la

nd, p

rote

cted

spe

cies

, and

BAP

spe

cies

and

hab

itats

hav

e be

en g

iven

due

cons

ider

atio

n. W

here

eff

ects

are

pre

dict

edad

equa

te m

itiga

tion

shou

ld b

e pr

opos

ed.

Nor

mal

ly th

e gu

idan

ce is

tran

slat

edin

to p

olic

ies

prot

ectin

g w

ildlif

e,ec

olog

y an

d/or

bio

dive

rsity

with

in a

regi

onal

or l

ocal

pla

n/lo

cal

deve

lopm

ent f

ram

ewor

k.

Roy

al T

own

Plan

ning

Inst

itute

(RTP

I)(1

99

9) g

ives

a g

ood

acco

unt o

f the

plan

ning

sys

tem

and

wild

life

cons

erva

tion.

See

Circ

ular

06

/05

and

CLG

(20

06

).

Plan

ning

Pol

icy

Stat

emen

t(P

PS) 2

(19

97)

Nor

ther

n Ire

land

Sets

out

the

land

use

pla

nnin

g po

licie

s fo

r the

cons

erva

tion

of N

orth

ern

Irela

nd’s

nat

ural

herit

age

incl

udin

g su

stai

nabl

e de

velo

pmen

t and

cons

erva

tion

of th

e di

vers

ity o

f hab

itats

and

wild

life.

Prov

ides

the

gove

rnm

ent’s

com

mitm

ent t

osu

stai

nabl

e de

velo

pmen

t and

to c

onse

rvin

g th

edi

vers

ity o

f our

hab

itats

and

wild

life

in N

orth

ern

Irela

nd. S

imila

r gui

danc

e to

PPS

9 a

bout

the

prot

ectio

n of

des

igna

ted

site

s, a

nd p

rote

cted

and

UK

BAP

spe

cies

thro

ugh

the

plan

ning

sys

tem

. In

part

icul

ar s

eeks

to e

nsur

e de

velo

pmen

t will

not

resu

lt in

the

loss

of b

iodi

vers

ity v

alue

.

The

plan

ner o

r des

igne

r sho

uld

be a

war

e of

the

guid

ance

giv

en o

n w

ildlif

e in

var

ious

Nor

ther

nIre

land

and

UK

-wid

e pl

anni

ng d

ocum

ents

.

CIRIA C69174

Tabl

e 6.

3 (c

ontd

)Su

mm

ary

of w

ildlif

e le

gisl

atio

n an

d pl

anni

ng g

uida

nce

rele

vant

to th

e co

nstr

uctio

n in

dust

ry in

the

UK



Tabl

e 6.

3 (c

ontd

)Su

mm

ary

of w

ildlif

e le

gisl

atio

n an

d pl

anni

ng g

uida

nce

rele

vant

to th

e co

nstr

uctio

n in

dust

ry in

the

UK

Legi

slat

ion/

Pla

nnin

g gu

idan

ceW

here

doe

s it

app

ly?

Effe

ctW

hat

does

it m

ean

to y

ou?

Oth

er in

form

atio

n

Plan

ning

Pol

icy

Wal

es (P

PW)

(20

02

)W

ales

Enco

urag

es th

e co

nsid

erat

ion

of n

atur

eco

nser

vatio

n at

the

leve

ls o

f loc

al a

nd re

gion

alpl

anni

ng.

Sim

ilar g

uida

nce

to P

PS 9

with

pro

tect

ion

ofde

sign

ated

site

s, a

nd p

rote

cted

and

UK

BAP

spec

ies

thro

ugh

the

plan

ning

sys

tem

. In

part

icul

ar s

eeks

to e

nsur

e de

velo

pmen

t will

not r

esul

t in

the

loss

of b

iodi

vers

ity v

alue

.

The

plan

ner o

r des

igne

r sho

uld

be a

war

e of

the

guid

ance

giv

en o

n w

ildlif

e in

var

ious

Wel

shan

d U

K-w

ide

plan

ning

doc

umen

ts.

Tech

nica

l Adv

ice

Not

e (T

AN) 5

(20

09

)W

ales

Supp

lem

ents

PPW

(20

02

) and

pro

vide

s ad

vice

abou

t how

the

land

-use

pla

nnin

g sy

stem

shou

ld c

ontr

ibut

e to

pro

tect

ing

and

impr

ovin

gbi

odiv

ersi

ty a

nd g

eolo

gica

l con

serv

atio

n.

As a

bove


CIRIA C69176

Tabl

e 6.

3 (c

ontd

)Su

mm

ary

of w

ildlif

e le

gisl

atio

n an

d pl

anni

ng g

uida

nce

rele

vant

to th

e co

nstr

uctio

n in

dust

ry in

the

UK

Legi

slat

ion/

Pla

nnin

g gu

idan

ceW

here

doe

s it

app

ly?

Effe

ctW

hat

does

it m

ean

to y

ou?

Oth

er in

form

atio

n

B R

elev

ant E

IA R

egul

atio

ns a

nd c

ircul

ars

Tow

n &

Cou

ntry

Pla

nnin

g(E

nviro

nmen

tal I

mpa

ct A

sses

smen

t)(E

ngla

nd a

nd W

ales

) Reg

ulat

ions

199

9 (S

I 19

99

/29

3)

Engl

and

and

Wal

es

Req

uire

s th

at e

nviro

nmen

tal i

mpa

ctas

sess

men

t (EI

A) b

e ca

rrie

d ou

t for

cer

tain

type

s of

pro

ject

that

are

like

ly to

hav

esi

gnifi

cant

env

ironm

enta

l eff

ects

. The

mai

ncr

iteria

for d

eter

min

ing

sign

ifica

nce

are:

�m

ajor

dev

elop

men

ts o

f mor

e th

an lo

cal

impo

rtan

ce

�de

velo

pmen

ts th

at a

re p

ropo

sed

for

part

icul

arly

env

ironm

enta

lly s

ensi

tive

orvu

lner

able

loca

tions

�de

velo

pmen

ts w

ith u

nusu

ally

com

plex

and

pote

ntia

lly h

azar

dous

envi

ronm

enta

l eff

ects

.

Cons

ider

car

eful

ly w

heth

er o

r not

the

proj

ect

will

requ

ire a

n EI

A un

der t

he p

rovi

sion

of t

heR

egul

atio

ns. E

ven

if it

does

not

, ens

ure

that

ecol

ogic

al s

cree

ning

stu

dies

are

car

ried

out

to fi

nd o

ut if

an

ecol

ogic

al a

sses

smen

t is

need

ed.

Amen

ded

in 2

00

0 to

app

ly to

min

eral

plan

ning

aut

horit

ies.

Ther

e ar

e al

so o

ther

Reg

ulat

ions

cov

erin

gth

e as

sess

men

t of p

artic

ular

kin

ds o

fco

nstr

uctio

n or

oth

er a

ctiv

ity s

uch

asfo

rest

ry, h

arbo

urs,

pip

elin

es, w

ater

reso

urce

s, u

ncul

tivat

ed la

nd a

nd s

emi-

natu

ral a

reas

(see

Use

ful w

ebsi

tes)

.

Envi

ronm

enta

l Im

pact

Ass

essm

ent

(Sco

tland

) Reg

ulat

ions

19

99

(SSI

199

9/1

)Sc

otla

ndAs

abo

veFo

rest

ry o

pera

tions

and

fish

farm

ing

incl

uded

und

er a

sep

arat

e bu

t sim

ilar

Reg

ulat

ion.

Plan

ning

(Env

ironm

enta

l Im

pact

Asse

ssm

ent)

Reg

ulat

ions

(NI)

199

9(S

R 1

99

9/7

3)

Nor

ther

n Ire

land

As a

bove

Fore

stry

ope

ratio

ns a

nd ro

ads

incl

uded

unde

r a s

epar

ate

but s

imila

r reg

ulat

ion.

Circ

ular

s 13

/19

91 a

nd 6

/19

95

(Sco

tland

)En

glan

d/Sc

otla

ndSe

ts o

ut e

xpec

tatio

ns o

f whe

n an

EIA

will

be

need

ed.

The

plan

ner o

r des

igne

r sho

uld

be a

war

e of

the

guid

ance

giv

en o

n w

ildlif

e in

Circ

ular

s13

/19

91 a

nd 6

/19

95

and

oth

er p

lann

ing

docu

men

ts.

Wel

sh O

ffic

e Ci

rcul

ar 1

1/9

9W

ales

Sets

out

exp

ecta

tions

of w

hen

an E

IA w

ill b

ene

eded

and

giv

es g

uida

nce

on th

e To

wn

and

Coun

try

Plan

ning

(Env

ironm

enta

l Im

pact

Asse

ssm

ent)

(Eng

land

and

Wal

es)

Reg

ulat

ions

19

99

The

plan

ner o

r des

igne

r sho

uld

be a

war

e of

the

guid

ance

giv

en o

n w

ildlif

e in

Circ

ular

11/9

9 a

nd o

ther

pla

nnin

g do

cum

ents

.

Tech

nica

l Adv

ice

Not

e (T

AN) 5

(20

09

)W

ales

Sets

out

exp

ecta

tions

of w

hen

an E

IA w

ill b

ene

eded

.

The

plan

ner o

r des

igne

r sho

uld

be a

war

e of

the

guid

ance

giv

en o

n w

ildlif

e in

var

ious

Wel

sh a

nd U

K-w

ide

plan

ning

doc

umen

ts.



Tabl

e 6.

3 (c

ontd

)Su

mm

ary

of w

ildlif

e le

gisl

atio

n an

d pl

anni

ng g

uida

nce

rele

vant

to th

e co

nstr

uctio

n in

dust

ry in

the

UK

Legi

slat

ion/

Pla

nnin

g gu

idan

ceW

here

doe

s it

app

ly?

Effe

ctW

hat

does

it m

ean

to y

ou?

Oth

er in

form

atio

n

C U

K w

ildlif

e le

gisl

atio

n

Wild

life

and

Coun

trys

ide

Act

1981

(as

amen

ded)

Engl

and,

Wal

es a

ndSc

otla

nd#

Affo

rds

prot

ectio

n to

all

bird

s,th

eir n

ests

and

egg

s. M

akes

itill

egal

to k

ill, i

njur

e or

take

any

wild

bird

and

take

, dam

age

orde

stro

y th

eir a

ctiv

e ne

st o

r egg

s.

Cert

ain

bird

spe

cies

that

are

liste

d in

Sch

edul

e 1

of t

heW

ildlif

e an

d Co

untr

ysid

e Ac

t(W

CA) r

ecei

ve g

reat

er p

rote

ctio

n,m

akin

g it

illeg

al, f

or e

xam

ple,

todi

stur

b th

em o

r the

ir de

pend

ant

youn

g w

hen

they

are

nes

ting

orat

tem

ptin

g to

nes

t. O

ther

spe

cies

have

sea

sons

whe

n th

ey c

an b

esh

ot o

r oth

erw

ise

take

n (s

ee a

lso

EC B

irds

Dire

ctiv

e 7

9/4

09

).

Do

not c

arry

out

site

cle

aran

ce w

hen

bird

s ar

ene

stin

g. T

his

is n

orm

ally

take

n to

be

Mar

ch to

Augu

st in

clus

ivel

y, b

ut s

ome

spec

ies

will

nes

tou

tsid

e of

thes

e tim

es. I

f in

doub

t che

ck fo

rne

stin

g bi

rds

befo

re fe

lling

tree

s, d

emol

ishi

ngbu

ildin

gs a

nd s

truc

ture

s or

cle

arin

g sc

rub.

The

reis

no

licen

sing

pro

visi

on fo

r dis

turb

ance

of

Sche

dule

1 b

irds

for t

he p

urpo

ses

of d

evel

opm

ent

and

so it

will

be

nece

ssar

y to

ens

ure

wor

king

prac

tices

are

des

igne

d su

ch th

at d

istu

rban

ce is

avoi

ded,

eg

by u

nder

taki

ng w

orks

out

side

of t

hebr

eedi

ng s

easo

n. A

dvic

e sh

ould

be

soug

ht fr

omth

e st

atut

ory

natu

re c

onse

rvat

ion

orga

nisa

tions

or

a su

itabl

y ex

perie

nced

eco

logi

st. I

t is

reco

mm

ende

d th

at s

urve

ys a

re c

arrie

d ou

t to

dete

rmin

e w

hat s

peci

es a

re p

rese

nt o

n si

te b

efor

ede

velo

pmen

t wor

ks s

tart

.

It is

pos

sibl

e to

get

a li

cenc

e (f

rom

NE,

CCW

or S

EPA)

toun

dert

ake

som

e w

orks

that

wou

ld n

orm

ally

be

deem

edill

egal

und

er th

e W

CA. G

ener

al li

cenc

es a

re a

vaila

ble

for

cert

ain

nam

ed s

peci

es, s

uch

as fe

ral p

igeo

ns a

ndm

embe

rs o

f the

cro

w fa

mily

, to

pres

erve

pub

lic h

ealth

,pu

blic

saf

ety

or a

ir sa

fety

, or t

o co

nser

ve w

ild b

irds.

It is

also

pos

sibl

e to

app

ly fo

r ind

ivid

ual l

icen

ces

from

NE/

CCW

/SEP

A fo

r oth

er s

peci

es a

nd p

urpo

ses

give

n in

Sect

ion

16 o

f the

Act

. Not

e th

at th

ere

is n

o pr

ovis

ion

for

licen

sing

of t

he d

amag

e/de

stru

ctio

n of

any

wild

bird

nes

tor

dis

turb

ance

of S

ched

ule

1 b

irds

for t

he p

urpo

ses

ofde

velo

pmen

t. M

easu

res

mus

t be

take

n to

avo

idco

ntra

veni

ng th

e le

gisl

atio

n.

The

wild

life

licen

sing

sec

tion

is b

ased

in B

risto

l (N

E),

Edin

burg

h (S

EPA)

and

Ban

gor (

CCW

).

It is

a d

efen

ce a

gain

st p

rose

cutio

n un

der t

he W

CA th

at a

pote

ntia

lly il

lega

l act

was

the

inci

dent

al re

sult

of a

not

herw

ise

law

ful o

pera

tion

and

coul

d no

t be

“rea

sona

bly”

avoi

ded.

Und

erta

king

a s

urve

y an

d pr

opos

ing

appr

opria

tem

itiga

tion

may

be

cons

ider

ed a

s ha

ving

take

n re

ason

able

step

s to

avo

id a

n of

fenc

e ta

king

pla

ce. H

owev

er, o

nly

the

cour

ts c

an d

ecid

e on

wha

t is

reas

onab

le.

Wild

life

and

Coun

trys

ide

Act

1981

(as

amen

ded)

En

glan

d, W

ales

and

Scot

land

The

Act p

rote

cts

cert

ain

wild

anim

als

and

a re

stric

ted

num

ber

of p

lant

s.

It al

so in

clud

es p

rovi

sion

s fo

rm

arin

e an

imal

s, in

clud

ing

dolp

hins

, wha

les

and

bask

ing

shar

ks, s

ome

spec

ies

of fi

sh a

ndso

me

inve

rteb

rate

s (s

ee U

sefu

lw

ebsi

tes)

.

Take

ste

ps to

find

out

if a

ny p

rote

cted

spe

cies

are

on s

ite. I

f nec

essa

ry, c

arry

out

rele

vant

sur

veys

at

the

right

tim

e of

yea

r. If

prot

ecte

d sp

ecie

s ar

e on

site

, con

sult

a su

itabl

y ex

perie

nced

eco

logi

st fo

rad

vice

on

how

to p

roce

ed. N

ote

that

lice

nces

may

be n

eces

sary

– e

nsur

e th

at th

ere

is s

uffic

ient

time

in th

e pr

ogra

mm

e to

acq

uire

lice

nces

and

topl

an m

itiga

tion

befo

re a

ny w

orks

sta

rt.

It m

ay b

e ne

cess

ary

to c

onsu

lt th

e SN

COs.

Alic

ence

may

be

need

ed e

ither

from

the

SNCO

, the

Mar

ine

Man

agem

ent O

rgan

isat

ion

or fr

om S

EPA

toun

dert

ake

cert

ain

activ

ities

(see

als

o th

ePr

otec

tion

of B

adge

rs A

ct 1

99

2, T

he C

onse

rvat

ion

of H

abita

ts a

nd S

peci

es R

egul

atio

ns 2

010

and

EC

Hab

itats

Dire

ctiv

e 9

2/4

3).


CIRIA C69178

Tabl

e 6.

3 (c

ontd

)Su

mm

ary

of w

ildlif

e le

gisl

atio

n an

d pl

anni

ng g

uida

nce

rele

vant

to th

e co

nstr

uctio

n in

dust

ry in

the

UK

Legi

slat

ion/

Pla

nnin

g gu

idan

ceW

here

doe

s it

app

ly?

Effe

ctW

hat

does

it m

ean

to y

ou?

Oth

er in

form

atio

n

Wild

life

and

Coun

trys

ide

Act

1981

(as

amen

ded)

Engl

and,

Wal

es a

ndSc

otla

ndPr

otec

ts li

mes

tone

pav

emen

t tha

t is

of s

peci

alin

tere

st.

Lim

esto

ne p

avem

ent i

s a

rare

and

val

uabl

eha

bita

t typ

e. A

void

any

dev

elop

men

t tha

t may

affe

ct s

uch

habi

tats

, whe

ther

pro

tect

ed o

r not

.In

land

scap

ing

a de

velo

pmen

t do

not u

selim

esto

ne b

lock

s th

at m

ay h

ave

com

e fr

omlim

esto

ne p

avem

ent.

Wild

life

and

Coun

trys

ide

Act

1981

(as

amen

ded)

Engl

and,

Wal

es a

ndSc

otla

nd

Mak

es it

ille

gal t

o re

leas

e or

allo

w e

scap

e in

toth

e w

ild c

erta

in a

nim

als.

Mak

es it

ille

gal t

opl

ant o

r “ot

herw

ise

caus

e to

gro

w in

the

wild

”ce

rtai

n sp

ecie

s in

clud

ing

Japa

nese

kno

twee

dan

d gi

ant h

ogw

eed.

The

list

of s

peci

es c

over

edby

the

legi

slat

ion

was

am

ende

d an

d ad

ded

toby

SI N

o. 6

09

(201

0) a

nd n

ow in

clud

esH

imal

ayan

bal

sam

(see

Use

ful w

ebsi

tes)

.

Japa

nese

kno

twee

d, a

nd to

a le

sser

ext

ent

gian

t hog

wee

d, c

an b

e a

maj

or p

robl

em fo

r the

cons

truc

tion

indu

stry

. In

effe

ct th

ese

plan

tsar

e so

eas

y to

“ca

use

to g

row

in th

e w

ild”

that

brea

king

the

law

is a

real

pos

sibi

lity.

The

y ar

eve

ry d

iffic

ult a

nd c

an b

e ex

pens

ive

to g

et ri

d of

and

in th

e ca

se o

f Jap

anes

e kn

otw

eed

it ca

nta

ke th

ree

year

s or

mor

e to

era

dica

te th

epl

ant.

Kno

w w

heth

er a

nd w

here

thes

e pl

ants

are

on

the

site

, and

take

adv

ice

from

an

ecol

ogis

ton

how

to c

ontr

ol th

em.

Coun

trys

ide

and

Rig

hts

of W

ay(C

RoW

) Act

20

00

Engl

and

and

Wal

es

Stre

ngth

ens

lega

l pro

tect

ion

for t

hrea

tene

dsp

ecie

s an

d up

date

s th

e W

CA 1

981

.In

trod

uces

into

the

WCA

19

81 th

e ne

w o

ffen

ceof

“re

ckle

ssly

dis

turb

ing”

Sch

edul

e 1

(bird

s)an

d Sc

hedu

le 5

(ani

mal

s). E

nabl

es c

ourt

s to

impo

se h

eavi

er fi

nes

and

pris

on s

ente

nces

for

all w

ildlif

e of

fenc

es.

Be

awar

e of

whe

ther

ther

e ar

e pr

otec

ted

spec

ies

on s

ite. I

n pa

rtic

ular

, che

ck c

aref

ully

for a

nim

als

such

as

bats

, whi

ch a

re d

iffic

ult t

ose

e an

d th

at o

nly

an e

xper

t may

find

evi

denc

eof

thei

r pre

senc

e (fo

r a fu

ll lis

t of t

he W

CA19

81 (a

s am

ende

d) p

rote

cted

spe

cies

(see

Usef

ul w

ebsi

tes)

.

Sche

dule

5 o

f the

WCA

incl

udes

all

bats

,gr

eat c

rest

ed n

ewts

, wat

er v

oles

and

ava

riety

of i

nsec

ts a

nd o

ther

ani

mal

s.

Enab

les

SNCO

to d

raw

up

man

agem

ent

agre

emen

ts w

ith o

wne

rs a

nd o

ccup

iers

of l

and

that

is n

ot n

eces

saril

y w

ithin

or n

ear t

o an

SSSI

, to

prot

ect,

for e

xam

ple,

its

wat

er s

uppl

y.Al

so g

ives

SN

COs

the

pow

er to

com

puls

ory

purc

hase

suc

h la

nd.

If th

e si

te is

sub

ject

to a

man

agem

ent

agre

emen

t it m

ay p

rove

diff

icul

t to

get

plan

ning

per

mis

sion

.



Tabl

e 6.

3 (c

ontd

)Su

mm

ary

of w

ildlif

e le

gisl

atio

n an

d pl

anni

ng g

uida

nce

rele

vant

to th

e co

nstr

uctio

n in

dust

ry in

the

UK

Legi

slat

ion/

Pla

nnin

g gu

idan

ceW

here

doe

s it

app

ly?

Effe

ctW

hat

does

it m

ean

to y

ou?

Oth

er in

form

atio

n

Coun

trys

ide

and

Rig

hts

of W

ay(C

RoW

) Act

20

00

Engl

and

and

Wal

es

Impo

ses

duty

on

gove

rnm

ent m

inis

ters

,de

part

men

ts a

nd th

e N

atio

nal A

ssem

bly

for

Wal

es to

hav

e re

gard

to th

e pu

rpos

e of

cons

ervi

ng b

iolo

gica

l div

ersi

ty in

the

carr

ying

out o

f the

ir du

ties.

Any

wor

k ca

rrie

d ou

t for

a g

over

nmen

tde

part

men

t may

requ

ire s

peci

al m

easu

res

tobe

und

erta

ken

in a

ccor

danc

e w

ith n

atio

nal

and

loca

l bio

dive

rsity

act

ion

plan

s. E

nsur

eth

at w

hat t

hese

mig

ht b

e ar

e kn

own.

The

Act g

ives

the

UK

bio

dive

rsity

act

ion

plan

ast

atut

ory

basi

s. L

ists

of i

mpo

rtan

t spe

cies

and

habi

tats

are

ava

ilabl

e fr

om th

e U

K B

AP w

ebsi

te(s

ee U

sefu

l web

site

s). H

owev

er n

ote

that

the

Engl

ish

and

Wel

sh li

sts

of h

abita

ts a

nd s

peci

esof

prin

cipa

l im

port

ance

for b

iodi

vers

ity a

redi

ffer

ent.

Sche

dule

9 o

f the

Act

repl

aces

Sec

tion

28

of

the

WCA

19

81 w

ith a

n ex

pand

ed S

ectio

n 2

8re

latin

g to

SSS

Is. I

t ena

bles

cou

rts

to o

rder

the

rest

orat

ion

of a

SSS

I whe

re a

per

son

orpu

blic

bod

y ha

s be

en c

onvi

cted

of d

amag

ing

or d

estr

oyin

g it.

It p

rovi

des

SNCO

s w

ithpo

wer

s to

refu

se c

onse

nt fo

r dam

agin

gop

erat

ions

and

to e

ncou

rage

act

ive

man

agem

ent o

f the

land

.

Do

not d

amag

e or

des

troy

a S

SSI u

nles

s th

ene

cess

ary

perm

issi

ons

have

bee

n gr

ante

dan

d av

oid

deve

lopm

ent a

nyw

here

nea

r one

ifpo

ssib

le. I

f any

eff

ects

on

an S

SSI f

rom

ade

velo

pmen

t are

pre

dict

ed, e

nsur

e th

at a

llco

nsen

ts a

nd a

gree

men

ts to

pro

ceed

are

inpl

ace

in s

uffic

ient

tim

e. A

pub

lic b

ody

orco

ntra

ctor

wor

king

for a

pub

lic b

ody

shou

ldbe

aw

are

of n

atur

e co

nser

vatio

nre

spon

sibi

litie

s un

der t

he C

RoW

Act

.

Sect

ion

28

doe

s no

t app

ly in

Sco

tland

, as

SSSI

sar

e no

w a

dev

olve

d m

atte

r. Th

e ne

w S

ectio

n2

8G

of t

he A

ct im

pose

s a

duty

on

“pub

licbo

dies

” (d

efin

ed a

s m

inis

ters

, gov

ernm

ent

depa

rtm

ents

, loc

al a

utho

ritie

s, s

tatu

tory

unde

rtak

ers

(pub

lic o

r priv

ate)

and

oth

er p

ublic

bodi

es) i

n ex

erci

sing

thei

r fun

ctio

ns to

take

reas

onab

le s

teps

to fu

rthe

r con

serv

atio

n an

dim

prov

emen

t of t

he s

peci

al fe

atur

es o

n an

SSS

Ior

on

land

out

side

the

SSSI

whe

n th

ose

func

tions

aff

ect a

SSS

I. Th

e pu

blic

bod

y m

ust

give

not

ice

to th

e SN

CO o

f any

wor

ks th

at m

ight

dam

age

the

feat

ures

of a

n SS

SI, w

heth

er c

arrie

dou

t by

the

publ

ic b

ody

or b

ecau

se o

f it g

ivin

gpe

rmis

sion

, con

sent

or a

utho

rity

to a

third

par

ty.

Nat

ure

Cons

erva

tion

(Sco

tland

)Ac

t 20

04

Engl

and,

Wal

es a

ndSc

otla

ndEn

able

s th

eno

tific

atio

n an

dpr

otec

tion

of la

ndth

at is

of s

peci

alin

tere

st b

y re

ason

of

its fl

ora,

faun

a, o

rge

olog

ical

or

phys

iogr

aphi

cal

feat

ures

, as

a SS

SI.

Avoi

d w

orki

ng in

or c

ausi

ng d

amag

e to

SSS

Is.

Thes

e ar

e th

e be

st w

ildlif

e si

tes

in th

eco

untr

y an

d m

ay c

ompr

ise

site

s of

Eur

opea

nor

inte

rnat

iona

l im

port

ance

. The

y ar

e hi

ghpr

ofile

and

wel

l pro

tect

ed b

y th

e la

w a

nd b

ypl

anni

ng g

uida

nce

(see

als

o CR

oW A

ct in

Engl

and

and

Wal

es).

If yo

u ar

e de

velo

ping

asi

te n

ear a

n SS

SI tr

y to

leav

e an

ade

quat

ebu

ffer

str

ip b

etw

een

your

dev

elop

men

t and

the

boun

dary

of t

he S

SSI,

and

mak

e su

reth

at th

ere

are

no in

dire

ct e

ffec

ts o

n th

ein

tere

st o

f it.

This

may

requ

ire d

iscu

ssio

nsw

ith th

e re

leva

nt S

NCO

at t

he p

re-p

lann

ing

stag

e.

Prot

ectio

n of

SSS

Is h

as b

een

stre

ngth

ened

unde

r the

CR

oW A

ct 2

00

0 (E

ngla

nd a

ndW

ales

) and

Nat

ure

Cons

erva

tion

(Sco

tland

)Ac

t 20

04

. Con

sent

(or a

ssen

t, if

wor

king

as

apu

blic

bod

y) is

nee

ded

from

the

rele

vant

licen

sing

aut

horit

y fo

r wor

ks th

at m

ay h

ave

ada

mag

ing

effe

ct o

n an

SSS

I/AS

SI, k

now

n as

a po

tent

ially

dam

agin

g op

erat

ion

(PD

O).


CIRIA C69180

Tabl

e 6.

3 (c

ontd

)Su

mm

ary

of w

ildlif

e le

gisl

atio

n an

d pl

anni

ng g

uida

nce

rele

vant

to th

e co

nstr

uctio

n in

dust

ry in

the

UK

Legi

slat

ion/

Pla

nnin

g gu

idan

ceW

here

doe

s it

app

ly?

Effe

ctW

hat

does

it m

ean

to y

ou?

Oth

er in

form

atio

n

Nat

ure

Cons

erva

tion

(Sco

tland

)Ac

t 20

04

Scot

land

As a

bove

Wild

life

and

Nat

ural

Envi

ronm

ent (

Scot

land

) Act

201

1 (W

ANE)

Scot

land

Intr

oduc

ed to

mod

erni

se o

utda

ted

law

s an

dto

cor

rect

ano

mal

ies

and

wea

knes

ses

inex

istin

g le

gisl

atio

n. U

pdat

es th

e W

ildlif

ean

d Co

untr

ysid

e Ac

t 19

81 in

Sco

tland

.Am

ong

othe

r thi

ngs

it de

als

with

dee

rm

anag

emen

t and

gam

e la

w, e

nsur

es th

atba

dger

lice

nsin

g le

gisl

atio

n is

con

sist

ent

with

that

of o

ther

spe

cies

, the

con

trol

of

inva

sive

non

-nat

ive

spec

ies

and

the

adm

inis

trat

ion

of s

peci

es li

cens

ing.

It a

lso

impr

oves

SSS

I leg

isla

tion.

Spec

ies

licen

sing

incl

udin

g th

at fo

rte

rres

tria

l EPS

is n

ow u

nder

take

n by

SN

H.

Not

e th

e en

hanc

ed p

rote

ctio

n af

ford

ed to

badg

ers

and

the

impo

rtan

ce o

fre

cogn

isin

g in

vasi

ve s

peci

es th

at m

ayoc

cur o

n si

te a

nd th

e ne

ed to

ade

quat

ely

cont

rol,

cont

ain

and

erad

icat

e th

em.

Wild

life

(Nor

ther

n Ire

land

)O

rder

19

85

and

Wild

life

(am

endm

ent)

(Nor

ther

nIre

land

) Ord

er 1

99

5

Nor

ther

n Ire

land

Prov

ides

cor

resp

ondi

ng p

rote

ctio

n to

wild

bird

s in

Nor

ther

n Ire

land

as

WCA

19

81do

es in

Eng

land

, Wal

es a

nd S

cotla

nd.

All b

irds

are

prot

ecte

d on

Sun

days

.

Avoi

d cl

earin

g si

tes

durin

g th

e ne

stin

gse

ason

(see

gui

danc

e un

der W

CA).

Advi

ceon

lice

nsin

g ca

n be

obt

aine

d fr

om N

IEA.

Amen

ded

by th

e W

ildlif

e (N

I) O

rder

19

95

.

Pest

spe

cies

can

be

kille

d or

take

n, a

nd th

eir n

ests

and

eggs

or y

oung

des

troy

ed b

y le

gal m

etho

ds a

ndau

thor

ised

per

sons

, und

er th

e te

rms

of g

ener

allic

ence

s is

sued

by

the

NIE

A.

A ne

w W

ildlif

e an

d N

atur

al E

nviro

nmen

t Bill

com

plet

ed it

s fin

al s

tage

in A

ssem

bly

and

in 2

011

will

go fo

rwar

d fo

r Roy

al A

ssen

t. Th

is w

ill in

trod

uce

new

prov

isio

ns a

nd a

men

d th

e W

ildlif

e (N

orth

ern

Irela

nd)

Ord

er 1

98

5 a

nd P

art 4

of t

he E

nviro

nmen

t (N

orth

ern

Irela

nd) O

rder

20

02

. Thi

s in

clud

es in

trod

ucin

g a

new

stat

utor

y du

ty u

pon

gove

rnm

ent d

epar

tmen

ts a

ndpu

blic

bod

ies

to ta

ke a

ctio

n to

furt

her t

heco

nser

vatio

n of

bio

dive

rsity

. It r

equi

res

the

publ

icat

ion

of li

sts

of a

nim

al a

nd p

lant

spe

cies

, and

of h

abita

ts th

at a

re c

onsi

dere

d to

be

of p

artic

ular

prio

rity

for c

onse

rvat

ion

atte

ntio

n in

Nor

ther

n Ire

land

.It

intr

oduc

es n

ew s

tatu

tory

pro

tect

ion

for t

he n

ests

of

part

icul

ar b

irds

all y

ear r

ound

and

the

intr

oduc

tion

ofth

e w

ord

“rec

kles

s” in

rela

tion

to s

ever

al e

xist

ing

offe

nces

. Fur

ther

info

rmat

ion

can

be fo

und

thro

ugh

the

Nor

ther

n Ire

land

Ass

embl

y w

ebsi

te (s

ee U

sefu

lw

ebsi

tes)

.



Tabl

e 6.

3 (c

ontd

)Su

mm

ary

of w

ildlif

e le

gisl

atio

n an

d pl

anni

ng g

uida

nce

rele

vant

to th

e co

nstr

uctio

n in

dust

ry in

the

UK

Legi

slat

ion/

Pla

nnin

g gu

idan

ceW

here

doe

s it

app

ly?

Effe

ctW

hat

does

it m

ean

to y

ou?

Oth

er in

form

atio

n

Envi

ronm

ent (

NI)

Ord

er 2

00

2N

orth

ern

Irela

ndTh

e N

I equ

ival

ent t

o a

SSSI

des

igna

tion

unde

rth

e W

CA is

an

ASSI

.

Cons

ent i

s ne

eded

from

NIE

A fo

r wor

ks th

atm

ay h

ave

a da

mag

ing

effe

ct o

n an

ASS

I (se

egu

idan

ce u

nder

WCA

).

Wee

ds A

ct 1

95

9En

glan

d, W

ales

and

Scot

land

The

Act i

s co

ncer

ned

with

the

cont

rol o

f“i

njur

ious

” w

eeds

and

in p

reve

ntin

g th

eir

spre

ad o

nto

near

by la

nd.

The

Act c

over

s fiv

e sp

ecie

s of

inju

rious

wee

dth

at a

re n

ativ

e sp

ecie

s co

mm

only

foun

dth

roug

hout

the

UK

. The

se a

re:

�sp

ear t

hist

le

�cr

eepi

ng th

istle

�cu

rled

dock

�br

oad-

leav

ed d

ock

�co

mm

on ra

gwor

t.

Cont

rol o

f the

se w

eeds

may

be

need

ed if

occu

pyin

g la

nd o

n w

hich

they

are

gro

win

g.R

agw

ort i

n pa

rtic

ular

can

be

a pr

oble

m a

s it

seed

s pr

olifi

cally

, is

very

obv

ious

in th

ela

ndsc

ape.

It is

als

o po

ison

ous

to li

vest

ock,

incl

udin

g ho

rses

.

Do

not t

ake

actio

n ag

ains

t the

se p

lant

s un

less

need

ed a

nd th

ey h

ave

been

cle

arly

iden

tifie

d.Th

ere

are

plan

ts th

at a

re c

lose

ly re

late

d to

thes

e an

d lo

ok v

ery

sim

ilar,

but a

re m

uch

rare

ran

d ar

e no

t inj

urio

us w

eeds

.

Def

ra o

r SEP

A ca

n se

rve

notic

e on

the

occu

pier

of l

and

to ta

ke a

ctio

n to

rem

ove

the

wee

ds.

The

Rag

wor

t Con

trol

Act

20

03

Engl

and

and

Wal

es

Amen

ds th

e W

eeds

Act

and

ena

bles

the

Secr

etar

y of

Sta

te to

mak

e a

code

of p

ract

ice

topr

even

t the

spr

ead

of c

omm

on ra

gwor

t.

The

code

aim

s to

redu

ce s

igni

fican

tly th

e ris

kpo

sed

by ra

gwor

t poi

soni

ng to

hor

ses

and

othe

r ani

mal

s by

pro

mot

ing

good

pra

ctic

e an

dgo

od n

eigh

bour

lines

s. Im

port

antly

, it d

oes

not

aim

to e

radi

cate

ragw

ort a

s it

is a

nat

ive

plan

tto

the

UK

that

sup

port

s a

wid

e va

riety

of

inve

rteb

rate

s an

d is

a m

ajor

nec

tar s

ourc

e fo

rm

any

inse

cts.

The

occu

pier

of t

he la

nd is

the

pers

on w

hose

resp

onsi

bilit

y it

is to

con

trol

Rag

wor

t. W

hen

seek

ing

to c

ontr

ol th

e sp

read

of R

agw

ort i

t is

hope

d th

at la

ndow

ners

, occ

upie

rs a

ndm

anag

ers

will

co-

oper

ate,

and

whe

rene

cess

ary

take

a c

olle

ctiv

e re

spon

sibi

lity

for

ensu

ring

the

prev

entio

n of

the

spre

ad o

fra

gwor

t is

achi

eved

.

Und

er th

e Ac

t, th

e co

de w

ill b

e ad

mis

sibl

e in

enfo

rcem

ent p

roce

edin

gs u

nder

the

Wee

ds A

ct19

59

, whi

ch w

ill m

ake

it ea

sier

to p

rose

cute

thos

e w

ho d

isre

gard

the

need

to c

ontr

olR

agw

ort.

Sim

ilarly

, tho

se w

ho h

ave

follo

wed

the

guid

ance

laid

dow

n in

the

Code

wou

ld b

eab

le to

use

this

in th

eir d

efen

ce in

any

cou

rtpr

ocee

ding

s.

See

Def

ra (2

007

)

Wel

sh A

ssem

bly

Gov

ernm

ent (

201

0b)


CIRIA C69182

Tabl

e 6.

3 (c

ontd

)Su

mm

ary

of w

ildlif

e le

gisl

atio

n an

d pl

anni

ng g

uida

nce

rele

vant

to th

e co

nstr

uctio

n in

dust

ry in

the

UK

Legi

slat

ion/

Pla

nnin

g gu

idan

ceW

here

doe

s it

app

ly?

Effe

ctW

hat

does

it m

ean

to y

ou?

Oth

er in

form

atio

n

Nox

ious

Wee

ds (N

orth

ern

Irela

nd) O

rder

197

7N

orth

ern

Irela

ndAs

abo

veAs

abo

ve

Dep

artm

ent o

f Agr

icul

ture

and

Rur

alD

evel

opm

ent (

DAR

D) c

an s

erve

not

ice

on th

eoc

cupi

er o

f lan

d to

take

act

ion

to re

mov

e th

ew

eeds

.

The

Cons

erva

tion

of H

abita

tsan

d Sp

ecie

s R

egul

atio

ns 2

010

and

The

Off

shor

e M

arin

eCo

nser

vatio

n (N

atur

al H

abita

ts,

&c.

) Reg

ulat

ions

20

07

Engl

and,

Wal

es a

ndSc

otla

nd

List

s a

rang

e of

hab

itats

that

are

of i

nter

est a

tEu

rope

an U

nion

leve

l. Im

port

ant s

ites

are

desi

gnat

ed a

s SA

C an

d ar

e al

so re

ferr

ed to

,al

ong

with

SPA

s as

“Eu

rope

an s

ites”

or

“Nat

ura

20

00

” si

tes.

In th

e U

K th

ese

are

lega

lly p

rote

cted

as

SSSI

s, b

ut re

ceiv

e gr

eate

rpr

otec

tion

as E

urop

ean

site

s. T

he R

egul

atio

nsin

clud

e m

arin

e ar

eas,

into

whi

ch th

e en

try

ofbo

ats

may

be

rest

ricte

d or

pro

hibi

ted.

Any

prop

osed

dev

elop

men

t tha

t may

hav

e a

sign

ifica

nt e

ffec

t on

an S

AC o

r SPA

sho

uld

beas

sess

ed a

ccor

ding

to it

s im

plic

atio

ns fo

r the

site

’s c

onse

rvat

ion

obje

ctiv

es.

The

Cons

erva

tion

of H

abita

ts a

nd S

peci

esR

egul

atio

ns 2

010

do

not p

rovi

de s

tatu

tory

prot

ectio

n fo

r pot

entia

l SPA

s (p

SPAs

).

How

ever

, for

the

purp

ose

of d

evel

opm

ent

prop

osal

s af

fect

ing

them

, as

a m

atte

r of p

olic

y,G

over

nmen

t in

Engl

and

and

Wal

es w

ishe

spS

PAs

to b

e co

nsid

ered

in th

e sa

me

way

as

ifth

ey h

ad a

lread

y be

en c

lass

ified

. Lis

ted

Ram

sar s

ites

also

rece

ive

the

sam

e pr

otec

tion

as c

lass

ified

SPA

s an

d de

sign

ated

SAC

s.

Avoi

d Eu

rope

an s

ites,

oth

er d

esig

nate

d si

tes

and

prot

ecte

d sp

ecie

s. A

ny a

ttem

pt to

dev

elop

land

with

in a

SAC

or S

PA w

ill b

e ex

trem

ely

diff

icul

t and

cou

ld b

e ex

pens

ive

– if

not

ince

rtai

n ca

ses

impo

ssib

le to

ach

ieve

. It i

s al

solik

ely

to b

e ex

trem

ely

dam

agin

g to

wild

life

reso

urce

s. O

wne

rs o

f a E

urop

ean

site

, or l

and

next

to o

ne in

dica

te th

at th

e SN

CO m

ay e

nter

into

an

agre

emen

t to

ensu

re th

e m

anag

emen

t,co

nser

vatio

n, re

stor

atio

n or

pro

tect

ion

of th

esi

te.

Whe

n co

nsid

erin

g a

deve

lopm

ent t

hat i

s lik

ely

to h

ave

a si

gnifi

cant

eff

ect o

n a

Euro

pean

site

then

an

appr

opria

te a

sses

smen

t (H

RA)

of t

heef

fect

s on

the

site

mus

t be

unde

rtak

en. T

heco

mpe

tent

aut

horit

y (L

PA in

man

y ca

ses)

will

agre

e to

the

plan

or p

roje

ct o

nly

if it

can

besh

own

that

ther

e w

ill b

e no

adv

erse

eff

ect o

nth

e in

tegr

ity o

f the

site

or i

f no

alte

rnat

ive

exis

ts a

nd th

e pr

ojec

t mus

t be

carr

ied

out f

or“i

mpe

rativ

e re

ason

s of

ove

rrid

ing

publ

icin

tere

st”.

In th

e la

tter

cas

e, c

ompe

nsat

ory

mea

sure

s w

ill b

e re

quire

d. F

or g

uida

nce

onap

prop

riate

ass

essm

ent r

efer

to E

urop

ean

Com

mis

sion

(20

00

).

At th

e tim

e of

writ

ing

not a

ll SA

Cs (a

nd S

PAs)

have

bee

n fu

lly id

entif

ied

and

desi

gnat

edan

d a

few

are

as w

ill s

till b

e re

ferr

ed to

as

cSAC

s an

d pS

PAs.

All

cSAC

s an

d pS

PAs

are

give

n th

e sa

me

lega

l pro

tect

ion

as fu

llyde

sign

ated

site

s. A

ll 6

08

SAC

s, 2

56

SPA

san

d 14

6 R

amsa

r site

s ar

e tr

eate

d as

Euro

pean

site

s, a

lso

know

n as

“N

atur

a2

00

0”

site

s.

Reg

ulat

ion

28

of t

he T

he C

onse

rvat

ion

ofH

abita

ts a

nd S

peci

es R

egul

atio

ns 2

010

enab

les

the

appr

opria

te S

NCO

to m

ake

byla

ws

to p

rote

ct a

Eur

opea

n si

te u

nder

Sect

ion

20

of N

atio

nal P

arks

and

Acc

ess

toth

e Co

untr

ysid

e Ac

t 194

9.



Tabl

e 6.

3 (c

ontd

)Su

mm

ary

of w

ildlif

e le

gisl

atio

n an

d pl

anni

ng g

uida

nce

rele

vant

to th

e co

nstr

uctio

n in

dust

ry in

the

UK

Legi

slat

ion/

Pla

nnin

g gu

idan

ceW

here

doe

s it

app

ly?

Effe

ctW

hat

does

it m

ean

to y

ou?

Oth

er in

form

atio

n

The

Cons

erva

tion

of H

abita

ts a

ndSp

ecie

s R

egul

atio

ns 2

010

Engl

and,

Wal

es a

ndSc

otla

nd

The

Cons

erva

tion

of H

abita

ts a

nd S

peci

esR

egul

atio

ns 2

010

als

o ad

opts

the

ECH

abita

ts D

irect

ive

92

/43

, whi

ch g

ives

grea

ter p

rote

ctio

n (u

nder

Sch

edul

e 2

) to

ava

riety

of n

ativ

e an

imal

s in

clud

ing

bats

,do

rmic

e, g

reat

cre

sted

new

ts, o

tter

s,Fi

sher

’s e

stua

rine

mot

h an

d lit

tle w

hirlp

ool

snai

l and

the

larg

e bl

ue b

utte

rfly

(Eur

opea

nPr

otec

ted

Spec

ies)

. Sch

edul

e 4

als

oid

entif

ies

Euro

pean

pro

tect

ed p

lant

s.

Not

e th

at th

e R

egul

atio

ns c

onso

lidat

e th

eH

abita

t Reg

ulat

ions

19

94

and

its

late

ram

endm

ents

.

Whe

n co

nsid

erin

g a

site

, ens

ure

that

the

LPA

ispr

ovid

ed w

ith s

uffic

ient

info

rmat

ion

befo

rede

term

inat

ion

to e

nabl

e it

to c

onsi

der t

heap

plic

atio

n an

d its

eff

ects

on

a Eu

rope

anPr

otec

ted

Spec

ies.

Thi

s is

nec

essa

ry u

nder

the

LPA’

s st

atut

ory

oblig

atio

ns u

nder

Hab

itat

Reg

ulat

ion

3(4

).

It is

an

offe

nce

to d

elib

erat

ely

kill,

inju

re, t

ake

or d

istu

rb a

nim

al s

peci

es li

sted

in S

ched

ule

2of

the

Reg

ulat

ions

, to

dest

roy

thei

r res

ting

plac

es o

r bre

edin

g si

tes,

or t

o pi

ck, c

olle

ct, c

ut,

upro

ot o

r oth

erw

ise

dest

roy

plan

t spe

cies

liste

d in

Sch

edul

e 4

. Ani

mal

s lis

ted

inSc

hedu

le 3

of t

he R

egul

atio

ns m

ay b

e ta

ken

orki

lled

only

in c

erta

in w

ays.

Lice

nces

to u

nder

take

wor

ks p

oten

tially

affe

ctin

g Eu

rope

an P

rote

cted

Spe

cies

are

obta

ined

from

NE,

CCW

, SN

H, N

IEA,

the

Mar

ine

Man

agem

ent O

rgan

isat

ion

or M

arin

e Sc

otla

ndan

d m

ust s

atis

fy a

ll th

ree

crite

ria:

�th

e w

orks

mus

t be

for r

easo

ns o

fpr

eser

ving

pub

lic h

ealth

or s

afet

y, o

r of

othe

r im

pera

tive

reas

ons

of o

verr

idin

gpu

blic

inte

rest

�th

ere

is n

o sa

tisfa

ctor

y al

tern

ativ

e

�ac

tions

will

not

be

detr

imen

tal t

o th

efa

vour

able

con

serv

atio

n st

atus

of t

hesp

ecie

s.

In a

rece

nt J

udic

ial R

evie

w D

ecis

ion*

pla

nnin

gpe

rmis

sion

was

revo

ked

beca

use

the

LPA

had

not a

cted

law

fully

whe

n is

suin

g a

plan

ning

deci

sion

(the

LPA

had

not

had

full

rega

rd to

the

prov

isio

ns o

f the

Hab

itats

Dire

ctiv

e/R

egul

atio

ns).

The

judg

e ru

led

that

an

LPA

mus

tin

volv

e th

e pr

ovis

ion

of th

e H

abita

tsD

irect

ive/

Reg

ulat

ions

and

if e

ither

:

�it

has

insu

ffic

ient

info

rmat

ion

with

whi

chto

ass

ess

the

effe

cts

of a

pro

pose

dde

velo

pmen

t on

a Eu

rope

an P

rote

cted

Spec

ies,

and

/or

�it

is c

lear

or v

ery

likel

y th

at th

ere

is a

satis

fact

ory

alte

rnat

ive

or th

ere

are

noco

ncei

vabl

e re

ason

s of

ove

rrid

ing

publ

icin

tere

st fo

r the

pro

pose

d de

velo

pmen

t,th

en th

e LP

A sh

ould

refu

se p

erm

issi

on.

*Ca

se N

o CO

/28

20

/20

08

bet

wee

n Th

eQ

ueen

(on

the

appl

icat

ion

of S

imon

Woo

lley)

vs

Ches

hire

Eas

t Bor

ough

Cou

ncil

and

Mill

enni

um E

stat

es L

imite

d, 2

1 a

nd2

2 M

ay 2

00

9.

The

Cons

erva

tion

(Nat

ural

Hab

itats

, &c)

Reg

ulat

ions

(NI)

199

5) a

s am

ende

d an

d Th

eO

ffsh

ore

Mar

ine

Cons

erva

tion

(Nat

ural

Hab

itats

, &c)

Reg

ulat

ions

20

07 (a

s am

ende

d)

Nor

ther

n Ire

land

As a

bove

As a

bove


CIRIA C69184

Tabl

e 6.

3 (c

ontd

)Su

mm

ary

of w

ildlif

e le

gisl

atio

n an

d pl

anni

ng g

uida

nce

rele

vant

to th

e co

nstr

uctio

n in

dust

ry in

the

UK

Legi

slat

ion/

Pla

nnin

g gu

idan

ceW

here

doe

s it

app

ly?

Effe

ctW

hat

does

it m

ean

to y

ou?

Oth

er in

form

atio

n

Off

shor

e M

arin

e Co

nser

vatio

n(N

atur

al H

abita

ts, &

c)R

egul

atio

ns 2

007

(as

amen

ded)

All U

K o

ffsh

ore

wat

ers

Thes

e R

egul

atio

ns a

pply

in th

e “o

ffsh

ore

area

” be

yond

12

nau

tical

mile

s fr

om th

e U

Kco

ast.

They

pro

tect

Eur

opea

n m

arin

e sp

ecie

san

d ha

bita

ts, a

nd w

ild b

irds

thro

ugh

seve

ral

dutie

s an

d of

fenc

es th

at a

im to

pre

vent

envi

ronm

enta

lly d

amag

ing

activ

ities

. The

yre

quire

the

desi

gnat

ion

and

prot

ectio

n of

area

s th

at h

ost c

erta

in im

port

ant h

abita

tsan

d sp

ecie

s in

the

offs

hore

mar

ine

area

.O

nce

desi

gnat

ed th

ese

site

s ar

e kn

own

as:

SACs

for t

he p

rote

ctio

n of

cer

tain

hab

itats

and

spec

ies,

and

SPA

s fo

r the

pro

tect

ion

for

cert

ain

wild

bird

spe

cies

.

Mar

ine

indu

strie

s m

ay h

ave

to m

odify

thei

rof

fsho

re a

ctiv

ities

to p

reve

nt il

lega

l dam

age

to p

rote

cted

site

s fo

r hab

itats

and

spe

cies

.W

here

pla

ns o

r pro

ject

s su

ch a

s of

fsho

reac

tiviti

es o

r dev

elop

men

ts c

ould

hav

e a

sign

ifica

nt e

ffec

t on

a pr

otec

ted

site

or

spec

ies,

com

pani

es w

ill n

eed

to p

rovi

de th

ein

form

atio

n ne

cess

ary

for l

icen

sing

auth

oriti

es to

com

plet

e an

app

ropr

iate

asse

ssm

ent o

f the

like

ly e

ffec

ts. I

t is

poss

ible

that

alte

rnat

ive

solu

tions

or m

itiga

tion

mea

sure

s m

ay h

ave

to b

e co

nsid

ered

topr

otec

t site

s. In

som

e ca

ses

licen

sing

cons

ent m

ay h

ave

to b

e re

fuse

d.

Whe

re a

pla

n or

pro

ject

cou

ld h

ave

nega

tive

effe

cts

on a

site

, but

ther

e is

no

alte

rnat

ive

and

the

plan

or p

roje

ct m

ust b

e ca

rrie

d ou

tfo

r im

pera

tive

reas

ons

of o

verr

idin

g pu

blic

inte

rest

, it m

ay b

e al

low

ed to

go

ahea

d,de

spite

the

nega

tive

effe

cts.

The

Mar

ine

Stra

tegy

Reg

ulat

ions

201

0

Engl

and,

Wal

es,

Scot

land

and

Nor

ther

nIre

land

Adop

ts th

e M

arin

e St

rate

gy F

ram

ewor

kD

irect

ive

(20

08

/56

/EC)

in th

e U

K a

nd c

ame

into

forc

e Ju

ly 2

010

. Req

uire

men

ts in

clud

e:

�an

ass

essm

ent o

f the

cur

rent

sta

te o

f UK

seas

by

July

201

2

�a

deta

iled

desc

riptio

n of

wha

t goo

den

viro

nmen

tal s

tatu

s m

eans

for U

Kw

ater

s, a

nd a

ssoc

iate

d ta

rget

s an

din

dica

tors

by

July

201

2

�es

tabl

ishm

ent o

f a m

onito

ring

prog

ram

me

to m

easu

re p

rogr

ess

tow

ard

good

env

ironm

enta

l sta

tus

by J

uly

2014

�es

tabl

ishm

ent o

f a p

rogr

amm

e of

mea

sure

s fo

r ach

ievi

ng g

ood

envi

ronm

enta

l sta

tus

by 2

016

.

The

Mar

ine

Stra

tegy

Fra

mew

ork

Dire

ctiv

ede

scrib

es g

ood

envi

ronm

enta

l sta

tus

as:

�m

akin

g su

re p

opul

atio

ns o

f fis

h an

dsh

ellfi

sh a

re w

ithin

saf

e bi

olog

ical

lim

its

�m

aint

aini

ng th

e bi

olog

ical

div

ersi

ty o

fm

arin

e ha

bita

ts a

nd s

peci

es

�lim

iting

con

tam

inan

ts to

the

mar

ine

envi

ronm

ent t

o le

vels

that

do

not c

ause

pollu

tion.

Any

wor

ks th

at a

ffec

t the

mar

ine

envi

ronm

ent w

ill re

quire

rigo

rous

asse

ssm

ent o

f tho

se e

ffec

ts o

n ec

olog

ical

rece

ptor

s an

d st

rict c

ontr

ol o

ver a

ny w

orks

that

cou

ld h

ave

a ne

gativ

e ef

fect

esp

ecia

llyco

ncer

ning

pot

entia

l pol

luta

nts.



Tabl

e 6.

3 (c

ontd

)Su

mm

ary

of w

ildlif

e le

gisl

atio

n an

d pl

anni

ng g

uida

nce

rele

vant

to th

e co

nstr

uctio

n in

dust

ry in

the

UK

Legi

slat

ion/

Pla

nnin

g gu

idan

ceW

here

doe

s it

app

ly?

Effe

ctW

hat

does

it m

ean

to y

ou?

Oth

er in

form

atio

n

Mar

ine

and

Coas

tal A

cces

s Ac

t2

00

9

Engl

and,

Wal

es a

ndal

l UK

off

shor

ew

ater

s

Part

5 o

f the

Act

(nat

ure

cons

erva

tion)

app

lies

toEn

glan

d, W

ales

and

all

UK

off

shor

e w

ater

s. It

requ

ires

Min

iste

rs to

des

igna

te M

CZs

(or m

arin

epr

otec

ted

area

s in

the

Scot

tish

offs

hore

regi

on)

for r

are,

vul

nera

ble

and

repr

esen

tativ

e ha

bita

tsan

d sp

ecie

s. M

CZs

will

form

par

t of a

net

wor

k of

mar

ine

prot

ecte

d ar

eas,

incl

udin

g Eu

rope

anm

arin

e si

tes,

and

the

mar

ine

com

pone

nts

ofR

amsa

r site

s an

d SS

SIs.

The

Act

incl

udes

age

nera

l off

ence

of c

ausi

ng d

elib

erat

e da

mag

e to

the

prot

ecte

d fe

atur

es o

f a s

ite, a

nd p

lace

sdu

ties

on a

ll pu

blic

aut

horit

ies

to fu

rthe

r (or

whe

re th

at is

not

pos

sibl

e to

at l

east

hin

der t

heco

nser

vatio

n ob

ject

ives

set

for M

CZs)

. Wel

shM

inis

ters

and

the

Mar

ine

Man

agem

ent

Org

anis

atio

n ar

e gi

ven

pow

ers

to m

ake

byel

aws

to p

rote

ct M

CZs

(and

Eur

opea

n m

arin

e si

tes)

.

Mar

ine

indu

strie

s m

ay h

ave

to m

odify

act

iviti

esor

dev

elop

men

ts th

at w

ill o

r may

hin

der t

heco

nser

vatio

n ob

ject

ives

set

for M

CZs.

Whe

reap

plic

atio

ns c

ould

hav

e a

sign

ifica

nt e

ffec

t on

an M

CZ, c

ompa

nies

will

nee

d to

pro

vide

the

info

rmat

ion

nece

ssar

y fo

r lic

ensi

ng a

utho

ritie

sto

con

side

r the

like

ly o

r pot

entia

l eff

ect.

It is

poss

ible

that

alte

rnat

ive

solu

tions

or m

itiga

tion

mea

sure

s m

ay h

ave

to b

e co

nsid

ered

topr

otec

t MCZ

s. In

som

e ca

ses

licen

sing

con

sent

may

hav

e to

be

refu

sed.

Whe

re a

pro

pose

d ac

tivity

or d

evel

opm

ent

coul

d hi

nder

the

cons

erva

tion

obje

ctiv

e fo

ran

MCZ

, but

ther

e is

no

alte

rnat

ive

and

the

activ

ity o

r dev

elop

men

t is

in th

e pu

blic

inte

rest

, it m

ay b

e al

low

ed to

go

ahea

d,de

spite

the

nega

tive

effe

cts.

Wat

er R

esou

rces

Act

19

91En

glan

d an

d W

ales

Mak

es it

an

offe

nce

to c

ause

or k

now

ingl

ype

rmit

pollu

tion

of c

ontr

olle

d w

ater

s.

Wet

land

hab

itats

are

ver

y im

port

ant f

orw

ildlif

e, b

oth

aqua

tic a

nd te

rres

tria

l. It

isim

port

ant t

o av

oid

pollu

ting

or o

ther

wis

eaf

fect

ing

thes

e w

here

pos

sibl

e. F

or e

xam

ple,

silt

from

runo

ff c

an h

ave

a de

vast

atin

g ef

fect

on th

e ec

olog

y of

a ri

ver.

Cont

rolle

d w

ater

s in

clud

e riv

ers,

str

eam

s,ca

nals

, gro

undw

ater

s, c

oast

al w

ater

s an

dte

rrito

rial w

ater

s. L

akes

and

pon

ds a

re n

otus

ually

cov

ered

by

the

defin

ition

unl

ess

they

dra

in in

to o

ther

con

trol

led

wat

ers.

Wat

er E

nviro

nmen

t and

Wat

erSe

rvic

es (S

cotla

nd) A

ct 2

00

3,

the

Wat

er E

nviro

nmen

t(C

ontr

olle

d Ac

tiviti

es) (

Scot

land

)R

egul

atio

ns 2

00

5

Scot

land

Tran

spos

e th

e re

quire

men

ts o

f the

Wat

erFr

amew

ork

Dire

ctiv

e (D

irect

ive

20

00

/60

/EC)

into

Sco

ttis

h la

w, a

nd e

stab

lishe

s a

fram

ewor

kto

pro

tect

and

impr

ove

the

ecol

ogic

al s

tatu

s of

Scot

land

’s w

ater

env

ironm

ent.

Intr

oduc

es a

risk

-bas

ed a

nd p

ropo

rtio

nate

cont

rols

to re

gula

te th

e ef

fect

on

Scot

land

’sw

ater

env

ironm

ent o

f con

trol

led

activ

ities

, for

exam

ple,

abs

trac

tion,

impo

undm

ent,

build

ing

and

engi

neer

ing

wor

ks, a

nd p

oint

sou

rce

disc

harg

es.

Any

wor

ks th

at a

ffec

t the

wat

er e

nviro

nmen

tar

e st

rictly

con

trol

led

and

will

not

be

allo

wed

topr

ocee

d un

less

it c

an b

e sh

own

that

the

ecol

ogic

al s

tatu

s of

the

wat

er b

ody

will

not

be

affe

cted

in a

del

eter

ious

way

. Pro

ject

s w

ill h

ave

to d

emon

stra

te th

at a

ltern

ativ

e so

lutio

ns h

ave

been

thor

ough

ly e

xplo

red.

Any

dam

age

tow

ater

cour

ses

will

hav

e to

be

fully

repa

ired.


CIRIA C69186

Tabl

e 6.

3 (c

ontd

)Su

mm

ary

of w

ildlif

e le

gisl

atio

n an

d pl

anni

ng g

uida

nce

rele

vant

to th

e co

nstr

uctio

n in

dust

ry in

the

UK

Legi

slat

ion/

Pla

nnin

g gu

idan

ceW

here

doe

s it

app

ly?

Effe

ctW

hat

does

it m

ean

to y

ou?

Oth

er in

form

atio

n

The

Envi

ronm

enta

l Dam

age

(Pre

vent

ion

and

Rem

edia

tion)

Reg

ulat

ions

20

09

, the

Envi

ronm

enta

l Dam

age

(Pre

vent

ion

and

Rem

edia

tion)

(Wal

es) R

egul

atio

ns 2

00

9, t

heEn

viro

nmen

tal D

amag

e(P

reve

ntio

n an

d R

emed

iatio

n)(N

I) R

egul

atio

ns 2

00

9, t

heEn

viro

nmen

tal L

iabi

lity

(Sco

tland

) Reg

ulat

ions

20

09

Engl

and

and

Wal

es

Thes

e R

egul

atio

ns a

dopt

Dire

ctiv

e 2

00

4/3

5/E

C of

the

Euro

pean

Par

liam

ent a

nd o

f the

Cou

ncil

on e

nviro

nmen

tal

liabi

lity.

The

Reg

ulat

ions

sta

te th

at w

here

ther

e is

a th

reat

of

envi

ronm

enta

l dam

age,

all

prac

ticab

le s

teps

to p

reve

nten

viro

nmen

tal d

amag

e (o

r, if

envi

ronm

enta

l dam

age

has

occu

rred

, to

prev

ent f

urth

er d

amag

e) m

ust b

e ta

ken

and

that

, unl

ess

the

thre

at h

as b

een

elim

inat

ed “

oper

ator

s of

econ

omic

act

iviti

es”

notif

y al

l rel

evan

t det

ails

to th

een

forc

ing

or c

ompe

tent

aut

horit

y. D

utie

s ar

e al

so p

lace

d on

the

oper

ator

of t

he a

ctiv

ity to

rem

edia

te a

ny d

amag

eca

used

. Dam

agin

g ac

tiviti

es in

clud

e w

aste

man

agem

ent,

disc

harg

es to

wat

er a

nd w

ater

abs

trac

tion

(see

Use

ful

web

site

s).

Whe

re p

ropo

sed

activ

ities

pre

sent

ath

reat

of e

nviro

nmen

tal d

amag

e, it

isth

e re

spon

sibi

lity

of th

e “o

pera

tor”

(eg

the

deve

lope

r or s

imila

r) to

iden

tify

wha

tth

at th

reat

is a

nd ta

ke a

ll pr

actic

able

step

s to

avo

id it

. If t

he th

reat

rem

ains

,th

e re

leva

nt a

utho

ritie

s m

ust b

eno

tifie

d. W

here

the

rele

vant

aut

horit

ies

find

that

env

ironm

enta

l dam

age

has

occu

rred

it is

like

ly th

at th

e op

erat

or w

illbe

requ

ired

to re

med

iate

(or p

ay fo

r the

rem

edia

tion

of) t

he d

amag

e ca

used

.

“Env

ironm

enta

l dam

age”

is d

amag

e to

prot

ecte

d sp

ecie

s or

nat

ural

hab

itats

,or

a S

SSI,

surf

ace

wat

er o

rgr

ound

wat

er, o

r lan

d, a

s sp

ecifi

ed in

the

Reg

ulat

ions

.

Salm

on a

nd F

resh

wat

erFi

sher

ies

Act 1

975

Engl

and

and

Wal

es

Mak

es it

ille

gal t

o pu

t any

thin

g th

at m

ay p

oiso

n or

inju

refis

h, th

eir s

paw

n, s

paw

ning

gro

unds

or t

he fo

od o

f suc

h fis

hin

to w

ater

s co

ntai

ning

fish

(or t

ribut

arie

s of

suc

h w

ater

s).

Mak

es it

ille

gal t

o ta

ke fi

sh w

ithou

t a li

cenc

e fr

om th

eEn

viro

nmen

t Age

ncy.

Req

uire

s th

e pr

ovis

ion

of fi

sh p

asse

s on

all

new

obst

ruct

ions

, or t

hose

und

e]rg

oing

sig

nific

ant a

ltera

tion,

inw

ater

s fr

eque

nted

by

salm

on o

r mig

rato

ry tr

out.

Req

uire

s pr

ovis

ion

of s

cree

ns o

n al

l abs

trac

tions

and

disc

harg

es o

f wat

er.

Mak

es it

an

offe

nce

to o

bstr

uct a

fish

pas

s or

alte

r the

rive

rin

suc

h a

way

as

to a

ffec

t the

eff

icie

ncy

of th

e pa

ss.

Part

IV S

ectio

n 3

0 re

quire

s a

cons

ent f

rom

the

Envi

ronm

ent

Agen

cy o

r SEP

A be

fore

intr

oduc

ing

fish

or s

paw

n in

to a

nin

land

wat

erw

ay.

Not

e th

at D

efra

inte

nds

intr

oduc

ing

new

legi

slat

ion

in 2

012

,w

hich

will

mak

e it

illeg

al to

rele

ase

or re

mov

e, o

r for

part

icul

ar fi

sh s

peci

es, k

eep,

fish

in in

land

wat

ers

with

out a

site

per

mit

from

the

Envi

ronm

ent A

genc

y.

Do

not p

ollu

te w

ater

s of

any

kin

d, a

ndta

ke c

are

in p

artic

ular

rega

rdin

g si

teru

noff

.

Cont

act t

he E

nviro

nmen

t Age

ncy

if an

yfis

h ne

ed to

be

rem

oved

from

a s

ite, f

orex

ampl

e in

und

erta

king

a w

ater

cour

sedi

vers

ion.

Whe

n w

orks

pos

e th

e ris

k of

obs

truc

ting

a sa

lmon

or s

ea tr

out r

iver

, or

obst

ruct

ing

an e

xist

ing

fish

pass

, or i

fab

stra

ctin

g or

dis

char

ging

wat

er, a

dvic

esh

ould

be

soug

ht fr

om th

e En

viro

nmen

tAg

ency

.

If ca

rryi

ng o

ut fi

sh tr

ansl

ocat

ion

as p

art

of, f

or e

xam

ple,

a s

trea

m d

iver

sion

,ch

eck

with

the

Envi

ronm

ent A

genc

y to

see

if a

licen

se is

requ

ired

befo

reco

nsen

t.

It is

inte

nded

to in

trod

uce

new

legi

slat

ion

in 2

012

that

will

mak

e it

illeg

al to

rele

ase

or re

mov

e or

, for

part

icul

ar fi

sh s

peci

es, k

eep

fish

inin

land

wat

ers

with

out a

site

per

mit

from

the

Envi

ronm

ent A

genc

y. U

nder

this

legi

slat

ion,

it w

ill a

lso

be il

lega

l to

mov

e fis

h w

ithou

t a s

uppl

iers

per

mit.

The

Eels

(Eng

land

and

Wal

es)

Reg

ulat

ions

20

09

Engl

and

and

Wal

es

Req

uire

s th

e pr

ovis

ion

of e

el p

asse

s on

all

new

and

ext

ant

obst

ruct

ions

and

scr

eens

on

all d

isch

arge

s an

d ab

stra

ctio

nsin

wat

ers

freq

uent

ed b

y ee

ls.

Mak

es it

an

offe

nce

to o

bstr

uct a

fish

pas

s or

alte

r the

rive

rin

suc

h a

way

as

to a

ffec

t the

eff

icie

ncy

of th

e pa

ss.

Whe

n w

orks

pos

e th

e ris

k of

obs

truc

ting

an e

el ri

ver,

or o

bstr

uctin

g an

exi

stin

gee

l pas

s, o

r if a

bstr

actin

g or

dis

char

ging

wat

er, a

dvic

e sh

ould

be

soug

ht fr

om th

eEn

viro

nmen

t Age

ncy.



Tabl

e 6.

3 (c

ontd

)Su

mm

ary

of w

ildlif

e le

gisl

atio

n an

d pl

anni

ng g

uida

nce

rele

vant

to th

e co

nstr

uctio

n in

dust

ry in

the

UK

Legi

slat

ion/

Pla

nnin

g gu

idan

ceW

here

doe

s it

app

ly?

Effe

ctW

hat

does

it m

ean

to y

ou?

Oth

er in

form

atio

n

The

Foyl

e an

d Ca

rling

ford

Fish

erie

s (N

orth

ern

Irela

nd)

Ord

er 2

007

, the

Fis

herie

s Ac

t(N

orth

ern

Irela

nd) 1

96

6

Nor

ther

n Ire

land

As a

bove

As a

bove

If ca

rryi

ng o

ut fi

sh tr

ansl

ocat

ion

as p

art o

f, fo

rex

ampl

e, a

str

eam

div

ersi

on, c

heck

with

NIE

A to

see

if a

licen

ce is

requ

ired.

Salm

on a

nd F

resh

wat

erFi

sher

ies

(Con

solid

atio

n)(S

cotla

nd) A

ct 2

00

3Sc

otla

ndAs

abo

veAs

abo

veIf

carr

ying

out

fish

tran

sloc

atio

n as

par

t of,

for

exam

ple,

a s

trea

m d

iver

sion

, che

ck w

ith th

eSE

PA to

see

if a

lice

nce

is re

quire

d.

Cons

erva

tion

of S

eals

Act

197

0, t

he C

onse

rvat

ion

ofSe

als

(Eng

land

) Ord

er 1

99

9an

d th

e Co

nser

vatio

n of

Sea

ls(S

cotla

nd) O

rder

20

07

Engl

and,

Wal

es a

ndSc

otla

nd

Proh

ibits

cer

tain

met

hods

of k

illin

g se

als,

impo

ses

a cl

ose

seas

on fo

r sea

ls, a

nd m

akes

prov

isio

n fo

r the

mak

ing

of o

rder

s pr

ohib

iting

the

killi

ng o

f sea

ls fo

r the

pur

pose

s of

cons

erva

tion.

Avoi

d un

dert

akin

g ac

tions

that

may

adv

erse

lyaf

fect

sea

ls.

The

Cons

erva

tion

of S

eals

(Eng

land

) Ord

er 1

99

9de

fines

the

terr

itoria

l lim

its w

ithin

whi

ch th

eki

lling

, inj

ury

or ta

king

of s

eals

is p

rohi

bite

d.

Not

e th

at in

Par

t 5, S

ectio

n 10

4 o

f the

Mar

ine

(Sco

tland

) Bill

requ

ires

that

Sco

ttis

h M

inis

ters

may

des

igna

te “

seal

con

serv

atio

n ar

eas”

and

that

suc

h de

sign

atio

ns b

e pu

blis

hed.

Whe

n Pa

rt 5

of t

he B

ill c

omes

into

forc

e it

isin

tend

ed th

at in

rela

tion

to s

eals

that

ade

sign

atio

n un

der S

ectio

n 10

4 w

ill s

uper

sede

the

Cons

erva

tion

of S

eals

(Sco

tland

) Ord

er 2

007

and

any

othe

r suc

h or

ders

.

Dee

r Act

19

91 (a

s am

ende

d)En

glan

d an

d W

ales

Mak

es it

ille

gal t

o in

tent

iona

lly ta

ke, k

ill o

rin

jure

dee

r with

out t

he c

onse

nt o

f the

ow

ner

or o

ccup

ier o

f the

land

.

Apar

t fro

m n

ot in

tent

iona

lly k

illin

g, ta

king

or

inju

ring

deer

on

site

, als

o ta

ke s

teps

topr

even

t dee

r fro

m b

eing

kill

ed o

r har

med

by

a de

velo

pmen

t. Fo

r exa

mpl

e, o

n a

road

proj

ect,

deer

fenc

ing

may

be

nece

ssar

y.

The

Reg

ulat

ory

Ref

orm

(Dee

r) (E

ngla

nd a

ndW

ales

) Ord

er 2

007

mak

es m

inor

am

endm

ents

to th

e D

eer A

ct 1

991

.

Wild

life

(Nor

ther

n Ire

land

)O

rder

19

85

Nor

ther

n Ire

land

Reg

ulat

es k

illin

g an

d ta

king

of d

eer i

nN

orth

ern

Irela

nd. P

resc

ribes

clo

se s

easo

nsan

d w

ays

in w

hich

dee

r can

be

take

n or

kille

d.

As a

bove

Dee

r (Sc

otla

nd) A

ct 1

99

6Sc

otla

ndR

egul

ates

kill

ing

and

taki

ng o

f dee

r in

Scot

land

. Pre

scrib

es c

lose

sea

sons

and

way

sin

whi

ch d

eer c

an b

e ta

ken

or k

illed

.As

abo

ve


CIRIA C69188

Legi

slat

ion/

Pla

nnin

g gu

idan

ceW

here

doe

s it

app

ly?

Effe

ctW

hat

does

it m

ean

to y

ou?

Oth

er in

form

atio

n

Prot

ectio

n of

Bad

gers

Act

19

92

Engl

and,

Wal

es a

ndSc

otla

nd

Mak

es it

ille

gal t

o w

ilful

ly k

ill, i

njur

e or

take

aba

dger

, or i

ndee

d to

be

in p

osse

ssio

n of

a li

veor

dea

d ba

dger

. It i

s al

so il

lega

l to

dam

age,

dest

roy

or o

bstr

uct a

cces

s to

a b

adge

r set

t,ca

use

a do

g to

ent

er a

bad

ger s

ett o

r to

dist

urb

a ba

dger

whe

n it

is o

ccup

ying

a s

et.

Mak

e su

re to

kno

w w

heth

er th

ere

are

any

badg

er s

etts

with

in o

r nea

r to

the

site

. If

wor

king

nea

r a b

adge

r set

t a li

cenc

e m

ay b

ere

quire

d. D

o no

t int

erfe

re w

ith a

ny h

oles

in th

egr

ound

with

out h

avin

g th

em c

heck

ed b

y an

ecol

ogis

t firs

t. B

adge

r set

ts a

re n

ot a

lway

sob

viou

sly

diff

eren

t fro

m ra

bbit

hole

s or

fox

eart

hs.

In e

xcep

tiona

l circ

umst

ance

s, if

a b

adge

r set

tis

to b

e cl

osed

, a li

cens

e m

ust b

e ob

tain

edbe

fore

doi

ng s

o. B

adge

rs a

re s

tubb

orn

anim

als

and

they

don

’t lik

e be

ing

mov

ed, b

ut th

ey m

ayde

cide

to m

ove

them

selv

es. I

t is

even

pos

sibl

efo

r a b

adge

r to

esta

blis

h a

sett

in th

e m

iddl

e of

a co

nstr

uctio

n si

te a

fter

wor

k ha

s st

arte

d.

Onl

y th

e is

sues

cov

erin

g co

nstr

uctio

n ar

ede

alt w

ith h

ere.

The

Pro

tect

ion

of B

adge

rsAc

t is

prin

cipa

lly d

esig

ned

to p

reve

nt b

adge

rdi

ggin

g an

d ba

iting

, and

incl

udes

oth

erac

tions

that

are

dee

med

ille

gal.

Cons

ult t

heAc

t for

mor

e in

form

atio

n ab

out t

hese

.

In s

peci

al c

ircum

stan

ces

licen

ces

to d

estr

oyba

dger

s ca

n be

obt

aine

d bu

t the

seci

rcum

stan

ces

are

outs

ide

the

scop

e of

land

deve

lopm

ent.

The

WCA

19

81 a

nd th

e W

ildlif

e (N

orth

ern

Irela

nd) O

rder

19

85

pro

scrib

e ce

rtai

nm

etho

ds o

f tak

ing

wild

ani

mal

s in

clud

ing

badg

ers.

Prot

ectio

n of

Ani

mal

s Ac

t 191

1(a

s am

ende

d)En

glan

d an

d W

ales

This

Act

pre

vent

s cr

uel t

reat

men

t of d

omes

ticor

cap

tive

anim

als

incl

udin

g fa

rm a

nim

als

orca

usin

g un

nece

ssar

y su

ffer

ing

durin

gtr

ansp

ort.

If fo

r som

e re

ason

a d

omes

tic o

r far

m a

nim

alis

kep

t cap

tive

then

ens

ure

that

its

wel

fare

isco

nsid

ered

and

to c

ause

no

suff

erin

g. In

suc

hci

rcum

stan

ces

cons

ult a

n ec

olog

ist,

the

SNCO

or th

e R

SPCA

as

soon

as

poss

ible

.

“Cap

tive”

incl

udes

situ

atio

ns w

here

an

anim

al is

pre

vent

ed fr

om e

scap

ing

by b

eing

cons

trai

ned

in a

sm

all p

lace

or p

inne

d by

ast

ick

or a

boo

t.

Prot

ectio

n of

Ani

mal

s(S

cotla

nd) A

ct 1

99

3Sc

otla

ndAs

abo

veAs

abo

veAs

abo

ve

Anim

al W

elfa

re A

ct 2

00

6En

glan

d, W

ales

and

Scot

land

Supe

rsed

es th

e Ab

ando

nmen

t of A

nim

als

Act

196

0.

This

Act

is d

esig

ned

to p

rom

ote

the

wel

fare

of

farm

ed, d

omes

tic a

nd c

aptiv

e an

imal

s. T

hela

tter

wou

ld in

clud

e w

ild a

nim

als

that

are

caug

ht, f

or e

xam

ple,

as

part

of a

tran

sloc

atio

npr

oced

ure.

Sect

ion

4 (1

) and

(2) c

over

unn

eces

sary

suff

erin

g an

d Se

ctio

n 9

(1) a

nd (2

) out

line

how

a pe

rson

is re

spon

sibl

e fo

r tha

t ani

mal

sw

elfa

re.

If fo

r wha

teve

r rea

son

an a

nim

al is

kep

tca

ptiv

e th

en it

s w

elfa

re s

houl

d be

con

side

red.

This

incl

udes

the

need

:

�fo

r a s

uita

ble

envi

ronm

ent (

plac

e to

live

)

�fo

r a s

uita

ble

diet

�to

exh

ibit

norm

al b

ehav

iour

pat

tern

s

�to

be

hous

ed w

ith, o

r apa

rt fr

om, o

ther

anim

als

(if a

pplic

able

)

�to

be

prot

ecte

d fr

om p

ain,

inju

ry, s

uffe

ring

and

dise

ase.

This

is “

enab

ling

legi

slat

ion”

and

it w

ill b

esu

ppor

ted

in d

ue c

ours

e by

sec

onda

ryle

gisl

atio

n an

d co

des

of p

ract

ice.

Tabl

e 6.

3 (c

ontd

)Su

mm

ary

of w

ildlif

e le

gisl

atio

n an

d pl

anni

ng g

uida

nce

rele

vant

to th

e co

nstr

uctio

n in

dust

ry in

the

UK



Tabl

e 6.

3 (c

ontd

)Su

mm

ary

of w

ildlif

e le

gisl

atio

n an

d pl

anni

ng g

uida

nce

rele

vant

to th

e co

nstr

uctio

n in

dust

ry in

the

UK

Legi

slat

ion/

Pla

nnin

g gu

idan

ceW

here

doe

s it

app

ly?

Effe

ctW

hat

does

it m

ean

to y

ou?

Oth

er in

form

atio

n

Wel

fare

of A

nim

als

Act

(Nor

ther

n Ire

land

) 197

2N

orth

ern

Irela

ndPr

ohib

its c

ruel

ty to

ani

mal

s.

Appl

ies

to a

ll an

imal

s in

clud

ing

wild

ani

mal

s.As

for P

rote

ctio

n of

Ani

mal

s Ac

t 191

1 a

ndAb

ando

nmen

t of A

nim

als

Act 1

96

0.

Wild

Mam

mal

s (P

rote

ctio

n) A

ct19

96

Engl

and

and

Wal

es

Mak

es it

ille

gal t

o cr

uelly

trea

t wild

mam

mal

s,in

clud

ing

crus

hing

, dro

wni

ng, a

sphy

xiat

ing

etc.

The

Act a

pplie

s to

any

mam

mal

that

is n

ot a

dom

estic

or c

aptiv

e m

amm

al (t

he P

rote

ctio

n of

Anim

als

Act 1

911

and

Pro

tect

ion

of A

nim

als

(Sco

tland

) Act

19

93

app

lies

only

to a

nim

als

kept

in c

aptiv

ity, t

houg

h th

is c

an in

clud

e w

ildan

imal

s).

Ensu

re th

at a

s fa

r as

is p

ossi

ble

any

wild

mam

mal

s w

ill n

ot b

e ha

rmed

by

site

cle

aran

ceop

erat

ions

. Thi

s in

clud

es ra

bbits

, squ

irrel

s,he

dgeh

ogs

etc.

If n

eces

sary

cal

l in

a re

gist

ered

pest

con

trol

com

pany

to u

nder

take

a h

uman

eer

adic

atio

n of

spe

cies

suc

h as

rabb

its o

r fox

esbe

fore

und

erta

king

any

wor

ks th

at o

ther

wis

em

ay re

sult

in c

ruel

ty.

Ther

e is

an

exce

ptio

n fo

r law

ful s

hoot

ing,

hunt

ing,

cou

rsin

g or

pes

t con

trol

act

ivity

.

Not

e Se

ctio

n 6

and

par

ts o

f Sec

tion

4 d

o no

tap

ply

in S

cotla

nd.

Prot

ectio

n of

Wild

Mam

mal

s(S

cotla

nd) A

ct 2

00

2 a

ndH

untin

g Ac

t 20

04

Scot

land

Prot

ects

wild

mam

mal

s fr

om b

eing

hun

ted

with

dogs

.

Any

hum

ane

cont

rol o

f mam

mal

s, e

g cl

eara

nce

of ra

bbit

war

rens

, sho

uld

not i

nvol

ve d

ogs

inta

king

the

anim

als.


CIRIA C69190

Tabl

e 6.

3 (c

ontd

)Su

mm

ary

of w

ildlif

e le

gisl

atio

n an

d pl

anni

ng g

uida

nce

rele

vant

to th

e co

nstr

uctio

n in

dust

ry in

the

UK

Legi

slat

ion/

Pla

nnin

g gu

idan

ceW

here

doe

s it

app

ly?

Effe

ctW

hat

does

it m

ean

to y

ou?

Oth

er in

form

atio

n

D I

nter

natio

nal a

nd E

urop

ean

legi

slat

ion

and

conv

entio

ns

The

Ram

sar C

onve

ntio

n on

Wet

land

s of

inte

rnat

iona

lim

port

ance

esp

ecia

lly a

sw

ater

fow

l hab

itat 1

971

UK

Req

uire

s si

gnat

ory

stat

es to

des

igna

teim

port

ant w

etla

nds

for s

peci

al p

rote

ctio

n(R

amsa

r site

s).

Ram

sar s

ites

are

prot

ecte

d as

SSS

Is in

Brit

ain

and

as A

SSIs

in N

orth

ern

Irela

nd.

They

are

trea

ted

in th

e sa

me

way

as

the

Euro

pean

site

s, S

ACs

and

SPAs

.

Take

all

poss

ible

ste

ps to

avo

id d

evel

opm

ent

of d

esig

nate

d si

tes.

If a

site

is n

ear a

des

igna

ted

site

allo

wsu

ffic

ient

buf

fer z

ones

and

take

ext

ra c

are

toav

oid

dist

urba

nce.

Bei

ng n

ear t

o su

ch a

site

will

mea

n th

at d

iscu

ssio

ns w

ith th

e re

leva

ntSN

CO w

ill b

e ne

cess

ary

at th

e pr

e pl

anni

ngst

age

and

cons

trai

nts

on d

evel

opm

ent o

rco

nstr

uctio

n ac

tivity

sho

uld

be a

ntic

ipat

ed.

Ther

e ar

e 14

6 R

amsa

r site

s in

the

UK

.

The

Conv

entio

n on

the

Inte

rnat

iona

l Tra

de in

Enda

nger

ed S

peci

es o

f Wild

Faun

a an

d Fl

ora

(CIT

ES) 1

975

UK

Cont

rols

inte

rnat

iona

l tra

de in

wild

life.

Do

not e

xpor

t or i

mpo

rt a

ny fa

una

or fl

ora.

In te

rms

of g

ener

al g

ood

prac

tice

do n

otkn

owin

gly

take

any

flor

a or

faun

a of

f a s

ite,

or b

ring

any

on to

a s

ite.

Unw

ante

d pe

ts a

re s

omet

imes

“du

mpe

d”, f

orex

ampl

e te

rrap

ins

in th

e lo

cal p

ond.

Terr

apin

s m

ay e

at a

ll th

e am

phib

ians

in a

pond

, inc

ludi

ng p

rote

cted

spe

cies

suc

h as

grea

t cre

sted

new

ts. T

rade

in c

erta

in s

peci

esw

ithin

the

UK

is p

rohi

bite

d by

the

WCA

19

81.

The

Bon

n Co

nven

tion

onCo

nven

tion

on W

etla

nds

ofIn

tern

atio

nal I

mpo

rtan

ce 1

979

All s

igna

tory

cou

ntrie

sin

clud

ing

UK

Appl

ied

in th

e U

K b

y th

e W

CA 1

981

.

Kno

w w

hich

spe

cies

are

aff

orde

d sp

ecia

lpr

otec

tion.

Kno

w w

hich

spe

cies

are

on

orne

ar th

e si

te a

nd h

ow to

pre

vent

dis

turb

ing

or h

arm

ing

them

. Con

sult

an e

colo

gist

.

The

Ber

n Co

nven

tion

on th

eco

nser

vatio

n of

Eur

opea

n w

ildlif

ean

d na

tura

l hab

itats

197

9

All s

igna

tory

cou

ntrie

sin

clud

ing

UK

Incl

udes

the

intr

oduc

tion

of b

ioge

netic

rese

rves

des

igna

ted

by th

e Co

unci

l of E

urop

efo

r hea

thla

nds

and

gras

slan

ds.

Enco

urag

es th

e re

-intr

oduc

tion

of n

ativ

esp

ecie

s as

a m

etho

d of

con

serv

atio

n.

The

Hab

itats

Dire

ctiv

e 19

92

is th

e m

eans

by

whi

ch th

e Eu

rope

an U

nion

mee

ts it

sob

ligat

ions

und

er th

e B

ern

Conv

entio

n.

Find

out

whe

ther

ther

e ar

e an

y sp

ecia

lin

trod

uctio

n pr

ogra

mm

es fo

r bird

s an

d ot

her

form

s of

wild

life

in th

e ar

ea p

lann

ed fo

rde

velo

pmen

t. If

ther

e ar

e, a

void

neg

ativ

eef

fect

s on

them

, and

con

side

r if t

here

is a

nyw

ay in

whi

ch th

e de

velo

pmen

t may

cont

ribut

e po

sitiv

ely

to th

e pr

ogra

mm

e.



Tabl

e 6.

3 (c

ontd

)Su

mm

ary

of w

ildlif

e le

gisl

atio

n an

d pl

anni

ng g

uida

nce

rele

vant

to th

e co

nstr

uctio

n in

dust

ry in

the

UK

Legi

slat

ion/

Pla

nnin

g gu

idan

ceW

here

doe

s it

app

ly?

Effe

ctW

hat

does

it m

ean

to y

ou?

Oth

er in

form

atio

n

The

Conv

entio

n on

Bio

logi

cal

Div

ersi

ty 1

99

2

Engl

and,

Wal

es,

Scot

land

and

Nor

ther

n Ire

land

Inte

rnat

iona

l com

mitm

ent t

o id

entif

y an

dpr

omot

e th

e pr

otec

tion

of e

cosy

stem

s, n

atur

alha

bita

ts a

nd v

iabl

e po

pula

tions

of s

peci

es.

Obl

igat

ion

to d

evel

op n

atio

nal s

trat

egie

s, p

lans

or p

rogr

amm

es fo

r the

con

serv

atio

n an

dsu

stai

nabl

e us

e of

bio

dive

rsity

. Obl

igat

ion

tore

intr

oduc

e th

reat

ened

spe

cies

.

This

con

vent

ion

resu

lted

in th

e U

K B

iodi

vers

ityAc

tion

Plan

(BAP

) and

var

ious

nat

iona

l,se

ctor

al a

nd lo

cal B

APs.

Man

y B

AP p

riorit

ysp

ecie

s ca

n oc

cur o

n co

nstr

uctio

n si

tes:

kno

wth

e si

te a

nd it

s w

ildlif

e. S

ome

of th

ese

BAP

Sw

ill h

ave

impl

icat

ions

for w

hat t

o ai

m to

achi

eve

via

the

deve

lopm

ent.

Cons

ider

dra

win

gup

a c

ompa

ny B

AP.

See

CRoW

Act

20

00

, reg

ardi

ng th

e du

tyim

pose

d on

min

iste

rs, g

over

nmen

tde

part

men

ts a

nd th

e N

atio

nal A

ssem

bly

for

Wal

es to

hav

e re

gard

to th

e pu

rpos

e of

cons

ervi

ng b

iolo

gica

l div

ersi

ty in

acc

orda

nce

with

the

biod

iver

sity

con

vent

ion,

in th

eca

rryi

ng o

ut o

f the

ir fu

nctio

ns.

EC H

abita

ts D

irect

ive

199

2En

glan

d, W

ales

,Sc

otla

nd a

ndN

orth

ern

Irela

nd

The

full

title

of t

he D

irect

ive

is C

ounc

il D

irect

ive

92

/43

/EEC

on

the

Cons

erva

tion

of n

atur

alha

bita

ts a

nd o

f wild

faun

a an

d flo

ra.

The

mai

n ai

m o

f the

Hab

itats

Dire

ctiv

e is

topr

omot

e th

e m

aint

enan

ce o

f bio

dive

rsity

by

requ

iring

Mem

ber S

tate

s to

take

mea

sure

s to

mai

ntai

n or

rest

ore

natu

ral h

abita

ts a

nd w

ildsp

ecie

s lis

ted

on th

e An

nexe

s to

the

Dire

ctiv

eat

a fa

vour

able

con

serv

atio

n st

atus

,in

trod

ucin

g ro

bust

pro

tect

ion

for t

hose

habi

tats

and

spe

cies

of E

urop

ean

impo

rtan

ce.

In a

pply

ing

thes

e m

easu

res

Mem

ber S

tate

sar

e re

quire

d to

take

acc

ount

of e

cono

mic

,so

cial

and

cul

tura

l req

uire

men

ts, a

s w

ell a

sre

gion

al a

nd lo

cal c

hara

cter

istic

s.

In th

e U

K, t

he p

rovi

sion

s of

the

Hab

itats

Dire

ctiv

e ar

e ad

opte

d th

roug

h th

e W

CA 1

981

(as

amen

ded)

, The

Con

serv

atio

n of

Hab

itats

and

Spec

ies

Reg

ulat

ions

201

0, t

he W

ildlif

e(N

I) O

rder

19

85

, the

Nat

ure

Cons

erva

tion

and

Amen

ity L

ands

(NI)

Ord

er 1

98

5 a

nd H

abita

tR

egul

atio

ns (N

I) 19

95

(as

amen

ded)

.

SACs

are

str

ictly

pro

tect

ed s

ites

desi

gnat

edun

der t

he E

C H

abita

ts D

irect

ive.

Art

icle

3 o

fth

e H

abita

ts D

irect

ive

requ

ires

the

esta

blis

hmen

t of a

Eur

opea

n ne

twor

k of

impo

rtan

t hig

h-qu

ality

con

serv

atio

n si

tes

that

will

mak

e a

sign

ifica

nt c

ontr

ibut

ion

toco

nser

ving

the

189

hab

itat t

ypes

and

78

8sp

ecie

s id

entif

ied

in A

nnex

es I

and

II of

the

Dire

ctiv

e (a

s am

ende

d).T

he li

sted

hab

itat

type

s an

d sp

ecie

s ar

e th

ose

cons

ider

ed to

be

mos

t in

need

of c

onse

rvat

ion

at a

Eur

opea

nle

vel (

excl

udin

g bi

rds)

. Of t

he A

nnex

I ha

bita

tty

pes,

78

are

bel

ieve

d to

occ

ur in

the

UK

. Of

the

Anne

x II

spec

ies,

43

are

nat

ive

to, a

ndno

rmal

ly re

side

nt in

, the

UK

.

If an

y de

velo

pmen

t is

prom

oted

that

may

affe

ct a

n SA

C si

gnifi

cant

del

ays

to a

ppro

val o

fth

e sc

hem

e an

d po

ssib

le re

fusa

l may

be

likel

y.

See

also

gui

danc

e on

WCA

19

81.

Gui

danc

e on

SAC

ss a

nd is

sues

aff

ectin

g th

emca

n be

foun

d in

pla

nnin

g gu

idan

ce a

nd fr

omSN

COs.


CIRIA C69192

Legi

slat

ion/

Pla

nnin

g gu

idan

ceW

here

doe

s it

app

ly?

Effe

ctW

hat

does

it m

ean

to y

ou?

Oth

er in

form

atio

n

EC B

irds

Dire

ctiv

e 2

00

9En

glan

d, W

ales

,Sc

otla

nd a

ndN

orth

ern

Irela

nd

The

full

title

of t

he D

irect

ive

is 2

00

9/1

47/E

C (B

irds

Dire

ctiv

e). T

he D

irect

ive

plac

es a

dut

y on

mem

ber s

tate

s,fo

r exa

mpl

e th

e U

K, t

o su

stai

n po

pula

tions

of n

atur

ally

occu

rrin

g w

ild b

irds

by re

stric

ting

thei

r kill

ing

and

capt

ure,

and

by s

usta

inin

g or

re-e

stab

lishi

ng s

uffic

ient

div

ersi

ty a

ndar

ea o

f hab

itats

.

It en

able

d th

e es

tabl

ishm

ent o

f SPA

s th

at a

re le

gally

prot

ecte

d in

GB

as

SSSI

s an

d in

Nor

ther

n Ire

land

as

ASSI

s.

In th

e U

K, t

he p

rovi

sion

s of

the

Bird

s D

irect

ive

are

adop

ted

thro

ugh

the

WCA

19

81 (a

s am

ende

d), T

he C

onse

rvat

ion

ofH

abita

ts a

nd S

peci

es R

egul

atio

ns 2

010

, the

Wild

life

(NI)

Ord

er 1

98

5, t

he N

atur

e Co

nser

vatio

n an

d Am

enity

Lan

ds(N

I) O

rder

19

85

and

Hab

itat R

egul

atio

ns (N

I) 19

95

(as

amen

ded)

.

SPAs

toge

ther

with

SAC

s m

ake

up th

e“N

atur

a 2

00

0”

netw

ork

of E

urop

ean

prot

ecte

d si

tes.

SPA

s ar

e th

e be

st s

ites

for b

irds

in th

e U

K a

nd E

urop

e an

dde

velo

pmen

t tha

t may

aff

ect t

hem

sho

uld

be a

void

ed w

here

pos

sibl

e.

If an

y de

velo

pmen

t is

prom

oted

that

may

affe

ct a

n SP

A or

its

qual

ifyin

g sp

ecie

ssi

gnifi

cant

del

ays

to a

ppro

val o

f the

sche

me

and

poss

ible

refu

sal m

ay b

elik

ely.

See

also

gui

danc

e on

WCA

19

81.

Gui

danc

e on

SPA

s an

d is

sues

aff

ectin

gth

em c

an b

e fo

und

in p

lann

ing

guid

ance

and

from

SN

COs.

Ther

e ar

e 2

56

SPA

s in

the

UK

,co

verin

g ab

out 2

50

5 1

65

ha.

Furt

her i

nfor

mat

ion

can

be o

btai

ned

from

the

JNCC

web

site

(see

Use

ful

web

site

s).

EU W

ater

Fra

mew

ork

Dire

ctiv

e(W

FD)

Engl

and,

Wal

es,

Scot

land

and

Nor

ther

n Ire

land

Req

uire

s al

l inl

and

and

coas

tal s

urfa

ce w

ater

s to

reac

h“g

ood

stat

us”

by 2

015

. It w

ill d

o th

is b

y es

tabl

ishi

ng a

rive

rba

sin

dist

rict s

truc

ture

with

in w

hich

dem

andi

ngen

viro

nmen

tal o

bjec

tives

will

be

set,

incl

udin

g ec

olog

ical

targ

ets

for s

urfa

ce w

ater

s. T

he p

urpo

se o

f the

Dire

ctiv

ein

clud

es to

:

�pr

even

t fur

ther

det

erio

ratio

n an

d pr

otec

t and

impr

ove

the

stat

us o

f aqu

atic

eco

syst

ems

and,

with

rega

rd to

thei

r wat

er n

eeds

, ter

rest

rial e

cosy

stem

s an

d w

etla

nds

dire

ctly

dep

endi

ng o

n th

e aq

uatic

eco

syst

em

�en

sure

the

prog

ress

ive

redu

ctio

n of

pol

lutio

n of

grou

ndw

ater

and

pre

vent

s its

furt

her p

ollu

tion

�pr

ovid

e de

finiti

ons

of e

colo

gica

l sta

tus

clas

sific

atio

nsfo

r riv

ers,

lake

s, tr

ansi

tiona

l wat

ers

(ie e

stua

ries

and

othe

r bra

ckis

h en

viro

nmen

ts) a

nd c

oast

al w

ater

s,ex

pres

sed

as h

igh,

goo

d or

mod

erat

e st

atus

.

With

rega

rd to

pot

entia

l pol

luta

nts

the

WFD

intr

oduc

esca

tego

ries

of “

prio

rity

subs

tanc

es”

that

will

nee

d to

be

rem

oved

from

dis

char

ges.

The

WFD

is p

artly

ado

pted

in th

e U

K b

y th

e W

ater

Envi

ronm

ent (

Wat

er F

ram

ewor

k D

irect

ive)

(Eng

land

and

Wal

es) R

egul

atio

ns 2

00

3.

The

dire

ctiv

e is

see

king

hig

her s

tand

ards

of w

ater

pro

tect

ion

with

the

aim

of

achi

evin

g im

prov

ed w

ater

qua

lity

asm

easu

red

in b

oth

biol

ogic

al a

nd c

hem

ical

term

s.

Impr

oved

qua

lity

of d

isch

arge

toco

ntro

lled

wat

ers

is li

kely

to b

e on

e of

the

impl

icat

ions

for t

he c

onst

ruct

ion

indu

stry

.An

othe

r is

mor

e w

ork

upgr

adin

g se

wag

etr

eatm

ent w

orks

.

Stric

t con

trol

will

be

exer

ted

over

any

prop

osed

dev

elop

men

t act

iviti

es. W

orks

will

not

be

allo

wed

to p

roce

ed u

nles

s it

can

be s

how

n th

at th

e ec

olog

ical

sta

tus

of th

e w

ater

bod

y w

ill n

ot b

e af

fect

ed in

ade

lete

rious

way

. Pro

ject

s sh

ould

dem

onst

rate

that

alte

rnat

ive

solu

tions

have

bee

n th

orou

ghly

exp

lore

d. A

nyda

mag

e to

wat

erco

urse

s w

ill h

ave

to b

efu

lly c

ompe

nsat

ed fo

r.

In th

e fu

ture

sof

t eng

inee

ring

solu

tions

, eg

crea

ting

mea

nder

s an

dre

stor

ing

flood

plai

ns, a

re m

ore

likel

yto

be

favo

ured

than

har

d en

gine

ered

solu

tions

as

they

put

hab

itats

bac

kra

ther

than

des

troy

ing

them

.

Adop

tion

of th

e W

FD w

ill la

rgel

y fa

ll to

the

Envi

ronm

ent A

genc

y, S

EPA

and

NIE

A.

Tabl

e 6.

3 (c

ontd

)Su

mm

ary

of w

ildlif

e le

gisl

atio

n an

d pl

anni

ng g

uida

nce

rele

vant

to th

e co

nstr

uctio

n in

dust

ry in

the

UK



Tabl

e 6.

3 (c

ontd

)Su

mm

ary

of w

ildlif

e le

gisl

atio

n an

d pl

anni

ng g

uida

nce

rele

vant

to th

e co

nstr

uctio

n in

dust

ry in

the

UK

Legi

slat

ion/

Pla

nnin

g gu

idan

ceW

here

doe

s it

app

ly?

Effe

ctW

hat

does

it m

ean

to y

ou?

Oth

er in

form

atio

n

Mar

ine

Stra

tegy

Fra

mew

ork

Dire

ctiv

e 2

00

8En

glan

d, W

ales

, Sco

tland

and

Nor

ther

n Ire

land

The

Mar

ine

Stra

tegy

Fra

mew

ork

Dire

ctiv

ere

quire

s M

embe

r Sta

tes

to p

repa

re n

atio

nal

stra

tegi

es to

man

age

thei

r sea

s to

ach

ieve

or

mai

ntai

n go

od e

nviro

nmen

tal s

tatu

s (G

ES) b

y2

02

0. T

here

is a

hig

h em

phas

is o

nin

tern

atio

nal c

o-op

erat

ion.

Key

requ

irem

ents

of t

he D

irect

ive:

�an

ass

essm

ent o

f the

cur

rent

sta

te o

f UK

seas

by

July

201

2

�a

deta

iled

desc

riptio

n of

wha

t GES

mea

nsfo

r UK

wat

ers,

and

ass

ocia

ted

targ

ets

and

indi

cato

rs b

y Ju

ly 2

012

�es

tabl

ishm

ent o

f a m

onito

ring

prog

ram

me

to m

easu

re p

rogr

ess

tow

ards

GES

by

July

201

4

�es

tabl

ishm

ent o

f a p

rogr

amm

e of

mea

sure

s fo

r ach

ievi

ng G

ES b

y 2

016

.

The

Dire

ctiv

e de

scrib

es g

ood

envi

ronm

enta

lst

atus

as:

�m

akin

g su

re p

opul

atio

ns o

f fis

h an

dsh

ellfi

sh a

re w

ithin

saf

e bi

olog

ical

lim

its

�m

aint

aini

ng th

e bi

olog

ical

div

ersi

ty o

fm

arin

e ha

bita

ts a

nd s

peci

es

�lim

iting

con

tam

inan

ts to

the

mar

ine

envi

ronm

ent t

o le

vels

that

do

not c

ause

pollu

tion.

Any

wor

ks th

at a

ffec

t the

mar

ine

envi

ronm

ent

will

requ

ire ri

goro

us a

sses

smen

t of t

hose

effe

cts

on e

colo

gica

l rec

epto

rs a

nd s

tric

tco

ntro

l ove

r any

wor

ks th

at c

ould

hav

e a

nega

tive

effe

ct e

spec

ially

con

cern

ing

pote

ntia

lpo

lluta

nts.


7 Who’s who in ecology

Wildlife is a popular subject.There is a large constituency ofamateur and professional wildlifeconservationists who may wish tobe involved in some way in thedevelopment of a site. This canbe confusing for the uninitiatedconstruction professional – whoshould be approached first andwho is important when seekinghelp?

In addition to interestedindividuals, there are three maingroups involved in nature conservation:

� the public sector – governmental organisations

� the voluntary sector – non-governmental organisations (NGOs)

� the private sector.

Figure 7.2 Wildlife organisations

CIRIA C69194

Figure 7.1 Pale tussock moth (courtesyCatherine Greenhough)

Wildlife organisations

Public sector Voluntary sector

Specialistorganisations

Collectinformation ongroups of plantsor animal, andformulateguidance andbest practice fortheirconservation.

Examples:Plantlife, BatConservationTrust, TheMammalSociety, BritishTrust forOrnithology

Pressuregroups

Run politicaland directactioncampaigns onvariousenvironmentalaspects, someof which mayhave a wildlifeconservationaspect.

Examples:Friends of theEarth,Greenpeace

Conservationbodies

Among otherthings acquireland andmanage naturereserves.Campaign fortheconservation ofspecies andhabitats.

Examples:RSPB, WildlifeTrusts, NationalTrust, MarineConservationSociety

Naturalhistory

societies andfield clubs

Usually collectinformation ondifferent groupsof plant andanimal at thelocal level (suchas county).

Examples:Essex FieldClub, LondonNatural HistorySociety

Localgovernment

Normally the localplanning authority,who will havepolicies to protectwildlife in theirdevelopment, planand may employecologists andwildlifeconservation staff.In England theyhave increasedauthority underCircular 1/2002regarding speciesof Europeanimportance, suchas great crestednewts and bats.

Examples: GreaterLondon Authorityurban greeningand biodiversityofficer

Statutory

Provide advice totheir respectivegovernments ornationalassemblies onwildlife protectionand conservation.The EA has aparticular interestin wildlifeassociated withwater. Defra andits equivalents areinvolved in theapplication ofwildlife law, and inlicensing certainsactions that affectprotected species

Examples: NaturalEngland, ScottishNatural Heritage,Northern IrelandEnvironmentAgency,CountrysideCouncil for Wales


7.1 Public sector

7.1.1 Statutory nature conservation organisations

The national level, government advisors on nature conservation are called the SNCOs(NE, CCW, SNH and NIEA). These organisations advise their respective governmentsor assemblies on what should be done regarding wildlife, nature conservation and/orbiodiversity within their country. They are also responsible for giving advice on the legalaspects of wildlife, and ensuring the proper management of statutorily designated sitessuch as SSSIs or ASSIs. They should be among the first organisations to contact foradvice on issues such as protected species (after discussion with a consultant if one hasbeen appointed). They all employ area based teams who should be the first point ofcontact.

Also, the JNCC advises government on international wildlife conservation issues,provides guidance in particular to the SNCOs, and establishes common standards forsurveying and monitoring wildlife, and for research (the equivalent for NorthernIreland is the CNCC).

Natural England: the government’s advisor on the natural environment. Its remit is toensure sustainable stewardship of the land and sea, and to see that England’s richnatural environment can adapt and survive intact for future generations to enjoy.

Its responsibilities include:

� increasing opportunities for everyone to enjoy the wonders of the natural world

� reducing the decline of biodiversity and licensing of protected species acrossEngland

� designating national parks and AONB

� managing most NNRs and notifying SSSIs.

The Wildlife Management and Licensing Service (WML) is part of NE. The WML hasresponsibility for all aspects of licensing concerning protected species both at thenational and European levels.

Countryside Council for Wales: the Government’s statutory advisor on sustainingnatural beauty, wildlife and the opportunity for outdoor enjoyment in Wales and itsinshore waters. Among other things it provides advice on landscape and wildlife,environmental change and on countryside enjoyment. CCW is responsible for mostspecies licensing functions in Wales including EPS, although the Welsh AssemblyGovernment retains some licensing responsibility under the Wildlife and CountrysideAct 1981 (as amended).

Scottish Natural Heritage (SNH): advises the Scottish Government and acts as agovernment agent in the delivery of conservation designations, ie NNRs, LNRs, SSSIs,SPAs, SACs and the NSA. The Scottish Executive Environment Directorate assumedmost of the responsibilities of the Scottish Executive Environment and Rural AffairsDepartment (SEERAD) in 2007. It has responsibility for agriculture, rural development,food, the environment and fisheries. SNH deals with all species licensing issuesincluding those for terrestrial EPS while Marine Scotland deals with licensing for marineEPS.


Northern Ireland Environment Agency (NIEA): in Northern Ireland the NIEA(formerly the Environment and Heritage Service Northern Ireland) has the followingduties:

� to protect and conserve Northern Ireland’s natural heritage and built environment

� to control pollution

� to promote the wider appreciation of the environment and best environmentalpractices.

The NIEA (Biodiversity Unit) is responsible for licensing in respect of the Wildlife(Northern Ireland) Order 1985 (as amended) including EPS.

The Marine Management Organisation (MMO): was established by the Marine andCoastal Access Act 2009, and is the primary regulator in English territorial waters andUK offshore waters (except those adjacent to Scotland). It is responsible for wildlifelicensing in the marine area, and also for the enforcement through making byelaws ofnature conservation in the marine area.

The MMO has a wide variety of licensing duties including determining and grantinglicences, undertaking inspections to ensure compliance with licences and licenceconditions, and issuing compliance and remediation notices. It takes over licensingresponsibilities from Natural England concerning WCA 1981 (as amended) species andissues licences under The Conservation of Habitats and Species Regulations 2010 andOffshore Marine Conservation (Natural Habitats, &c) Regulations 2007, which adoptthe EU Habitats and Birds Directives. These licences are issued for certain restrictedactivities and mean that offences do not apply where a licence has been granted and theactivity has been carried out in accordance with the licence.

Marine Scotland: Marine Scotland is the directorate of the Scottish Governmentresponsible for marine and fisheries issues in Scotland.

Marine issues in Wales are dealt with by CCW and in Northern Ireland by NIEA.

7.1.2 The Environment Agency, SEPA and NIEA

These agencies have wide responsibility for water resources, waste management,pollution of soil, air and water, and for some biodiversity issues especially when relatedto the water environment. They issue licences and consents for certain constructionproject related operations, eg building in a floodplain, discharges to water, abstraction ofwater etc.

The Environment Agency was established in England and Wales by the EnvironmentAct 1995 and assumed the responsibilities of:

� the National Rivers Authority

� the waste regulation authorities

� the waste disposal authorities

� Her Majesty’s Inspectorate of Pollution.

The Environment Agency is a an executive non-departmental public body responsibleto the Secretary of State for Environment, Food and Rural Affairs and an assemblysponsored public body responsible to the National Assembly for Wales. Its principalaims are to protect and improve the environment, and to promote sustainable


development. In relation to wildlife the Environment Agency’s work is mainly related tocreating, restoring and protecting rivers, wetlands and coastal habitats and the speciesthey support.

SEPA is the Environment Agency’s equivalent in Scotland, although the detailedresponsibilities are slightly different. It was established by the Environment Act 1995and became operational on 1 April 1996. Its work in respect of wildlife is broadly similarto that of the Environment Agency. Under The Water Environment (ControlledActivities) (Scotland) Regulations 2005 more commonly known as the ControlledActivity Regulations (CAR) SEPA regulates engineering activities that may lead to harmof rivers, lochs and wetlands.

The NIEA is the Environment Agency’s equivalent in Northern Ireland, although againthe detailed responsibilities are slightly different. A variety of other public agencies withan interest in the environment exist, but in general these are not often encountered sothey are not covered in this guide. However, information on these can be found in Rees(2002) and from various websites.

7.1.3. Local authorities

Many local authorities now employ ecologists or have access to ecological expertise, forexample, the Association of Local Government Ecologists (ALGE). Local authorityecologists are likely to be involved in influencing the design and layout of a proposeddevelopment. Also, they will be involved in ensuring site protection at the local level,especially through the adoption, monitoring and enforcement of planning conditions orobligations, and may well be instrumental in formulating those that will apply to aproject. They will be closely involved in the interpretation of the national BAP at thelocal level and probably in the drawing up of a local BAP. They will have knowledge ofsites that are locally designated, local planning policies that are relevant to wildlifeconservation, local wildlife organisations that it may be useful or important to talk to,and local wildlife expertise. They will be responsible for the designation of sites that areof importance for wildlife within the context of their local authority area. Such sites aredesignated variously as SINCs, SNCIs, county wildlife sites or, increasingly, local wildlifesites.

7.1.4. Local biological or biodiversity records centres (LBRCs)

LBRCs are a growing resource. Some parts of the country already have BRCs (alsoknown as an environmental records centre (ERC)) while others are gradually settingthem up. Where they exist they are very useful in providing a one-stop-shop for all thedata that may be required. They store data gathered by various wildlife recordingbodies (see Section 7.2) and store it on a computer database. However, the data is notusually organised on a site-by-site basis, but on some form of area-based grid, such astetrads. This means there is still some level of interpretation needed once the data isobtained if considering a specific site-based development.

7.1.5. Association of Local Government Ecologists (ALGE)

ALGE is the professional body representing local government ecologists across the UK.It aims to:

� promote and develop good principles and practice in nature conservation in localgovernment, including for planning and new development

� provide a forum for the exchange of information and ideas on nature conservationmatters between professional officers in local government


� provide regular advice on nature conservation matters to local authorityassociations and chief officer societies

� liaise with other nature conservation organisations on related matters.

7.1.6 The Police

The police have responsibilities for applying the law in relation to wildlife crime. MostUK police forces have a specialist wildlife liaison officer. They liaise with SNCOs andlocal voluntary groups on a variety of issues including badger crime, bird crime anddisturbance to protected species. Officers are also based in the SNCOs and theEnvironment Agency.

7.2 Voluntary sector

The voluntary sector is enormously important in wildlife conservation in the UK. Notonly has it lobbied hard over the years for the protection of wildlife and habitats, but ithas also been instrumental in collecting data on plants, animals and their habitats, andin actively ensuring their conservation. Much of this work has been carried out purelyon a voluntary basis, although many of the voluntary organisations involved in wildlifeconservation today also employ paid staff as well as having active volunteers.

Consequently there is a wide variety of voluntary organisations. Most of them wereformed in the 20th century when it became clear that, unless something was done, manyof our plants and animals would disappear forever. Some of them are campaigningorganisations with wider interests than just wildlife, such as Friends of the Earth,Greenpeace and the Campaign to Protect Rural England/Wales (CPRE/CPRW). Otherssuch as the National Trust are concerned with landscapes and habitats, whereas othersare concerned with the ecology and conservation of a particular species, for example thelocal badger groups or the Bat Conservation Trust. Some of them are nationally based,for example the RSPB/RSPB Scotland, which has country and regional offices, whereasothers cover perhaps a region or county. An example of the latter is the Royal Society ofWildlife Trusts, which is a partnership of 47 local wildlife trusts. Many of them are basedat county level, for example the Norfolk Wildlife Trust and the Cornwall Wildlife Trust,with a few urban trusts such as the London Wildlife Trust, and some covering a muchwider area such as the Scottish Wildlife Trust and Ulster Wildlife Trust.

Some voluntary organisations are mainly concerned with collecting data, for examplefield clubs and natural history societies, while others such as the RSPB/RSPB Scotlandwill actively manage nature reserves or, like the Bat Conservation Trust promote theconservation of specific groups of animals. The RSPCA/Scottish SPCA are concernedwith the prevention of cruelty to animals, including to wildlife.

Whatever the type of group, its members are usually knowledgeable and influential, atleast at the local level. They can provide valuable information (although there is often asmall charge) on the existing wildlife importance of a piece of land (see LBRCs). If theydo not agree with a particular development or element of the works on site, they canalso prove effective campaigners.


Figure 7.3 The environmental manager of a construction project pays a visit to an environmental education centre run by the London Wildlife Trust (Camley Street Local Nature Reserve in Kings Cross)

7.2.1 Local community groups

Local community groups often become prominent when a proposal potentially affectstheir local area. They may support or object to the development but, as with voluntarysector wildlife groups, if they do not approve of proposals or if they feel that their viewsare being overlooked they can prove effective campaigners. They may decide thatwildlife is an important reason for objecting to a development proposal, so they arelikely to try to enlist the support of some of the bodies already mentioned (egCPRE/CPRW). Local community groups are likely to be increasingly important inrespect of proposed development projects in view of changes to the planning systemthat seek to encourage greater community participation.

7.3 Private sector

The number of private sector consultancies providing advice on a range of wildlifeissues has grown substantially in the last 20 years. The sector varies from sole traders –individuals (often specialists in a certain group of plants or animals) working bythemselves and possibly with some associates – through specialist ecologicalconsultancies, to medium to large consultancies where ecological consultancy is just oneof the services they offer. Some of the wildlife trusts have their own independentconsultancies that pay some of their profits back to the trust.

Because of the specialist knowledge that is required across all the plant and animalgroups, independent consultants form an important group in the private sector. Eventhe largest of the consultancies is unlikely to be able to provide a complete ecologicalservice, and they will have to seek outside support from an associate, for example, if aspecialist on snails is needed.

The quality of the service offered by consultancies is normally consistent across thevarious types. In terms of setting and maintaining standards of service, the IEEM is theonly professional body that represents ecologists working in this sector (and the publicand voluntary sectors), although individual consultants are often members of voluntarysector organisations and/or professional institutions such as the Institute of Biology(IoB) or the Chartered Institution of Water and Environmental Management (CIWEM).


Some ecologists are also chartered environmentalists or chartered scientists throughtheir membership of the Society for the Environment or another chartered body.

7.4. Further information on wildlife

Apart from the advice in this guide and the organisations recommended to contact forfurther advice, there is a wealth of information available on various topics of wildlifeconservation (see Further reading).


8 Where next? Practicalities in the officeand on site

While many issues have been raised in this guide, there still remains a lot to know anddo. So, what should happen when a site that has been identified has some wildlifeimportance?

Firstly there is no cause for concern. Secondly, the purpose of this guide is not to turnconstruction professionals into ecologists, so consider involving one as early as possible(see Section 8.1). Thirdly, if the client or designer should review Sections 5.1 and 5.2specifically in relation to the project, commission appropriate surveys and build theresults into the design.

Finally, if there are concerns about wildlife issues on the site at the pre-constructionstage, then do not hesitate to commission a pre-construction ecological survey andassessment. This ensures that all the issues have been addressed and it will almostcertainly reduce any difficulties that may be encountered later on. Table 8.1 highlightssome of the main effects on wildlife of construction processes, and Box 9.1 lists theaction points that should be taken.


Table 8.1 Construction activities and their potential adverse effects on wildlife

CIRIA C691102

Constructionactivity

Implication Possible effects on wildlife Possible mitigation

Site

cle

aran

ce

Removal oftrees and

shrubs

� loss of important species orspecimens of tree or shrub thatmay be protected by TPO

� loss of bird nests or bat roosts

� loss of feeding habitat for birds,bats and other protectedspecies

� loss of important invertebrates,including those that mayrequire dead wood habitat (egstag beetles).

� ensure all appropriatesurveys have beenundertaken andrecommendations actedupon

� avoid clearing scrub andtrees in the nestingseason (normally taken tobe March to Augustinclusive)

� move protected speciesout of harms way or fenceoff part of the site to actas a sanctuary

� ensure that works thatmay affect species suchas rabbits comply withgood practice measures inrespect of animal welfare

� stockpile soils carefully sothat they can be reused togood effect in mitigationand compensationmeasures.

Removal ofground

vegetation

� loss of rare or characteristicplants

� loss of bird nests

� loss of cover, killing or injury ofreptiles and amphibians

� loss of cover, killing or injury ofsmall mammals

� loss of invertebrates and theirbreeding habitat.

Removal of soil

� loss of seed bank

� loss of invertebrates and theirbreeding habitat

� destruction of badger setts

� destruction of small mammalburrows.

Demolition ofbuildings and

structures

� loss of bird nesting or batroosting and hibernation areas.

� carry out bird and batsurveys well in advance ofworks

� avoid demolishingbuildings and structures inthe bird nesting seasonwhere possible. Carry outa watching brief fornesting birds when thisproves impossible

� if a bat roost is to bedisturbed the necessaryEPSM licence must be inplace before works arecarried out.

Removal ofrubble and

other materials

� loss of reptile and amphibianhabitat/refuges.

� carry out reptile surveys atthe appropriate time ofyear

� if reptiles are presentavoid any works to thehabitat where they arepresent if possible. Wherethis is not possible movethem out of harms way,and if necessary off-site,to a suitable habitat.


Table 8.1 (contd) Construction activities and their potential adverse effects on wildlife




Site

set

-up

Location of siteoffices andcompounds

� disturbance of breeding,roosting or foraginganimals.

� locate site offices andcompounds away fromsensitive habitats.

Storage area

� potential for pollution ofimportant habitats,especially watercourses,wetlands or otherwaterbodies, includingcoastal waters, throughspillages or dust.

� storage areas should belocated away fromwatercourses. If there ispotential for spillage orleachate then interceptorditches and other measures toprevent run-off intowatercourses or other sensitivehabitat must be in place.

Site lighting

� disturbance to bats andother nocturnal specieseg through illumination ofroost entrances,interference withcommuting routes etc.

� do not allow light to bedirected or to spill on tosensitive habitats and inparticular those used by bats

� keep site lighting to aminimum and use timers orother form of switch gear toensure it is only used whenneeded

� ensure that light are low spilland direct the light to whereit is required.

Esta

blis

hmen

t of h

aul r

oads

Rubble orconcretetemporary roadsconstructed

� fragmentation and lossof habitats

� road kills

� contamination ofadjoining habitats bydust

� noise and light pollutionmay disturb nesting birdsor other animals on ornear to a site.

� ensure that haul roads causeminimum fragmentation ofhabitats and especiallycommuting and foragingroutes for protected speciessuch as bats

� if fragmentation occursconsider ways in which theeffect can be minimised, forexample by providing tunnelsfor badgers and amphibiansunder the road, or aerialpathways for dormice and bats

� use best practice measures toreduce noise and air pollution.

Gro

undw

orks

Groundinvestigations,foundations,excavations andpiling, temporaryearthworks,tunnelling

� effects on surface andgroundwater, which mayhave secondary effectson important habitatsboth on and off site

� noise and light pollution,which may disturbnesting, roosting orforaging birds or otheranimals (includingmarine life)

� runoff and erosion, whichmay damage importanthabitats

� vibration that may affect,for example, badger settsand marine life

� potential to introduce orspread invasive plants,such as Japaneseknotweed.

� ensure that any constraintsregarding animals (especiallyprotected species), plantsand habitats are wellunderstood beforecommissioning ground works

� any sensitive species orhabitats that may be affectedby ground works should bemoved out of the way wellbefore such works areundertaken

� if necessary carry out anecological watching brief oversuch works.


Table 8.1 (contd) Construction activities and their potential adverse effects on wildlife

CIRIA C691104



Mar

ine

wor

ks

Piling and otherworks relating tofoundations

� underwater noisedisturbing marine wildlife

� damage to habitats fromvibration

� suspension of solids inthe water column andimpacts on species andhabitats.

� avoid sensitive habitatswhere possible

� use good practice techniquesand appropriate equipmentand plant to minimise effects

� consider the timing of suchworks to avoid sensitive timesof year such as the spawningseason.

Cons

truc

tion

Concrete poursand other wettrades

� contamination ofwetlands and otherhabitats.

� use industry good practice tominimise spills. Have incidentplans in place before worksstart and agree these withthe relevant agency

� carry out such works awayfrom watercourses and othersensitive habitat

� ensure that spill kits andother measures are in placeto contain spillage should itoccur.

Night-timeworking

� disturbance to bats,badgers and othernocturnal species, egthrough lightingdisrupting feedingbehaviour or interferingwith commuting routes.

� avoid night-time work wherepossible especially where itmay impact on sensitivespecies or habitats

� refer to guidance on lightinggiven on page 103.

Increase intrafficmovements(deliveries,materials etc)

� increased disturbanceimpacts especially onspecies and possibly off-site.

� site access roads and storageareas away from sensitivehabitat.

Diversion torights of way

� disturbance to off-sitehabitats and species.

� when planning how a projectis to be constructed alsoconsider off site impacts onsensitive species andhabitats that may arise as aconsequence.


8.1 Using an ecologist on site

Gaining a basic understanding of ecology is not necessarily difficult, but applying thatknowledge to the range of circumstances that may be encountered on the constructionsite does take experience and expertise. If there are any wildlife concerns thencommission an ecologist to help.

Figure 8.1 Site ecologist

8.1.1 Finding an ecologist

Ecologists have become more commonplace, and easier to find – many are listed in theYellow Pages and other telephone directories. Using the Internet or asking associatesare other good ways of tracking them down. Most professional ecologists are membersof IEEM, which publishes a directory of all members (see Useful websites).

Having found an ecologist, make sure he or she can do the job. Ecology is a broaddiscipline and, for example, an expert in birds may not be able to help with greatcrested newts. Most ecological consultancies will either provide the full range ofecological services or will know someone who can. Also, check on the ecologist’sexperience of working with the construction industry – someone who is not used todealing with construction workers on a site may find the cultural differenceschallenging.

When using ecologists, make sure they are involved with and apprised of all aspects ofthe development project, not just the construction phase. An ecologist should beinvolved from the site selection process through to project completion, and after thatwith monitoring and management. In this way they can contribute far more positively atthe construction stage as they have thorough background knowledge of the project.They need all the relevant information including full details on the proposal and theaccompanying plans, and without these they cannot do their job properly. Theirinvolvement in the programming of works is especially important. Ecological works andsurveys take time and some may only be undertaken at certain times of the year or willneed licences. A good ecologist can help timetable works around all the relevant wildlifeissues, providing they have all the information about the requirements.


The ecologist’s terms of contract will depend on what work is necessary. If it is possibleto work out in advance the amount of time and resources that may be needed on site,then a fixed price may be negotiable. However, if the contract is long-term and will needto address a variety of ecological aspects it may be better to negotiate on reimbursableterms, with regular review periods built in.

Box 8.1 When starting construction what should be done next? (adapted from Oxford, 2000)

Timing of works

Someone in the construction team, with input from the project ecologist, should becharged with producing a timetable to show:

� when specific measures will be carried out (such as fencing, training etc)

� phasing of construction activities to avoid critical periods (including legalconstraints, for example relating to the nesting season).

Avoiding effects during construction

� review planning consents and contract documentation for any ecologicalconstraints, conditions or obligations and ensure that these have been adequatelyaddressed in tender documents, method statements etc

� obtain and comply with any necessary licences for dealing with or working nearprotected species. Obtaining licences may take months and, in some cases, may berefused

� ensure that sufficient time has been allowed to deal with protected species. Certainanimals cannot be disturbed once they are breeding or cannot be removed from asite if it is the wrong time of year

� review the location and timing of all construction activities to avoid harm toimportant wildlife features and fragmentation of wildlife habitat including alongwatercourses

� carry out a biosecurity risk assessment to consider the presence of species asspecified in the Wildlife and Countryside Act 1981 (as amended) Schedule 9, suchas Japanese knotweed, and the risk of introducing invasive species of plant andanimal accidentally, eg through landscape planting schemes

� training and awareness: provide information to all site staff explaining theimportance of sensitive features, including the use of this guide. Make sure they areaware of the roles and responsibilities of staff, such as the project ecologist

� erect information or warning signs for site workers and include details of whoshould be contacted for further information

� erect fences to protect sensitive nature conservation areas and other features,including areas contaminated by invasive plants such as Japanese knotweed, areaswith nesting birds, protected trees etc. When erecting fences take care not to block

CIRIA C691106

Information provision:

� obtain existing information on the site and its wildlife interest from the client, the designer, thelocal planning authority or third parties

� liaise with SNCO and local groups where relevant

� review EIA and HRA if these have been carried out

� consider carrying out a pre-construction ecological survey.


wildlife corridors along watercourses. This is especially relevant where otters use awatercourse and fencing may force animals onto a road and potentially cause roadkills. Define roles and responsibilities for carrying out a watching brief over wildlifeaspects on site (this may include the appointment of an ecological clerk of works)

� consider temporary management of existing wildlife features during construction(for example, trimming of hedgerows, cutting of grassland)

� regularly review mitigation measures throughout the construction period andmonitor their effectiveness. Measures may need repeating or modifying (forexample regular grass cutting to exclude reptiles from construction areas)

� guard against vandalism (for example erect security fencing around equipmentand/or materials that could cause pollution)

� draw up procedures to avoid pollution incidents, for example from fuel spillages orsite runoff, based on an understanding of the wildlife interest

� be sure to have contingency measures in place for unexpected incidents (forexample discovery of a protected species during construction)

� have emergency measures in place for accidents (such as pollution incidents) andother measures (for example for repair of damaged features).

Responsible persons and lines of communication

The project manager/director, with input from the project ecologist, should providedetails of staff (including lines of communication and areas of responsibility) needed tocarry out the construction mitigation measures, including:

� ensuring compliance with:

� regulations and legal consents

� planning conditions

� contractual arrangements relating to nature conservation

� installation of physical protection measures

� provision of training and information for staff about the importance of natureconservation features on site

� regular monitoring of environmental procedures, and inspection and maintenanceof physical measures

� ongoing monitoring and adoption of contingency measures in the event of anaccident or occurrence of other potentially damaging incidents.

Documentation

� ensure that these points mentioned are covered by ecological procedures or a siteenvironmental management plan (see Section 8.2).

� the project ecologist should complete weekly or monthly reports stating issuesexamined and actions required

� maintain records and periodically review operations to identify problems and totake remedial action

� audit plans, reports and records to ensure conformance with establishedprocedures, legislation and good practice.


8.2 Ecology and site environmental management

An EMS, such as that in-line with the requirements of ISO 14001, is now a part of theday-to-day working of many major construction companies. Contractors, in particular,are employing the principles of EMS at the site level to generate what are often calledsite environmental management plans or similar. The purpose of such plans is to helpthem manage and reduce the adverse environmental effects of their work as well as tomaximise the opportunities for improvements.

On many projects to comply with EMS requirements environmental work procedureswill have to be prepared. If the site has some wildlife interest, these may includeecological procedures. Ecological work procedures generally consider the following:

� legislative, contractual and third party requirements, including licences or consents

� ecological aspects of the site

� what needs to be checked or carried out, for example, regarding species or habitats,including invasive plants

� when the actions are needed, including time of year, frequency of visits

� any company certification procedures

� who will carry out the work (ie not just the ecologist) and who will be responsible ifthe ecologist is not on site, for example an environmental technician, generalforeman or someone else

� defined responsibilities

� reporting requirements – whether weekly, monthly or other period, the form thatthe report should take and who it should be submitted to

� routine and emergency contact details for important staff and organisations,including relevant third parties.

Included within reporting requirements may be company ecological permits orcertificates (in addition to legally necessary licences). These are forms for recording themeasures undertaken at a specific location or for specific works that have ecologicalimplications, for example, a watching brief for the presence of nesting birds duringscrub clearance. In certain cases, works may not be able to proceed until an ecologist hassigned off the permit or certificate, thus recording his or her satisfaction with theecological safeguards put in place.

On many construction projects the client will appoint a third party, often the designer ofthe project, to act as their representative. Where ecological issues are also importantaspects of the works, the client representative team may include an ecologist. These areusually people who have been involved in the project’s environmental impactassessment and have a good knowledge of the issues. They act as an important point ofcontact for the contractor’s ecologist (who in most cases is a totally separate appointee)and may be able to give advice and support if any contentious issues arise.

8.3 What is the role of the contractor’s ecologist?

If undertaken badly, construction can have a devastating effect on ecology, and in anextremely short space of time. The machines used in construction today are powerfuland can shift tonnes of material in minutes. However, they can also be put to good effectin improving and creating habitats where necessary. Often, positive ecological outcomescan be achieved at a relatively low cost when compared to the total project budget.


As discussed in Chapter 4 construction can:

� destroy habitats

� fragment and isolate habitats

� kill, injure or disturb species

� have other effects that are:

� permanent or temporary

� direct or indirect.

Many of the issues that determine the extent of these effects will have been settledduring the planning and design stages. The role of the contractor’s ecologist is to focuson those practical elements of construction that are related to wildlife and ecology (seeTable 8.1 and Box 8.1), and in particular to:

� ensure that all the ecological aspects of the site are known and understood (a pre-construction survey may be required)

� ensure that legal duties, planning requirements and contract conditions areadhered to

� if appropriate, ensure that ecological procedures following good practice guidelinesare drawn up and monitored

� provide ecological guidance – or ensure that it is on hand – to assist constructionworkers and to suggest improvements where possible

� advise the contractor when specialists are needed, for example a badger expert

� undertake training.

Often, the role of the contractor’s ecologist is defined as that of an ecological clerk ofworks, environmental supervisor or someone carrying out an ecological watching brief.Broadly these terms mean much the same – the ecologist is there to safeguard thecontractor’s position when dealing with ecological aspects of the work and, in particular,meeting the ecological requirements of legislation, the planning consent and of thecontract.

Actual work on site for the ecologist will require working closely with various membersof staff both in offices and out on site and possibly close to heavy pieces of machineryand all the health and safety implications that infers.

Also, it may require actually undertaking physical work or at least organising it ordirecting it where circumstances necessitate.

8.4 Concluding comments

Ecology is an important issue, for the construction industry and for people, irrespectiveof what they do. Ecological systems provide the support mechanism that holds societytogether and supports and improves quality of life in subtle but important ways.Ecological systems and services also provide useful foods, chemicals, materials and otherproducts.


The construction industry can potentially destroy or damage wildlife through theprojects it develops designs and constructs. So when considering a development project,bear in mind the following:

� always consider the potential for effects on wildlife irrespective of whether theproposed site is large or small, rural, urban or marine

� where possible, aim to improve the wildlife interest of a site. Avoid any adverseeffects on existing wildlife and wildlife habitat and, if not possible, provide fullmitigation or compensation following good practice guidance

� use the expertise and skills of an ecologist early on in the process and ensure thatthey are a part of the development team throughout to project completion andmonitoring

� remember that ecological survey and mitigation takes time – weeks certainly,months may be and years possibly. To avoid costly delays to a project, programmeecological works in early

� know the site and its wildlife.

Case study 8.1 Unavoidable habitat loss

This guide and accompanying materials provide advice on the timing of surveys, and onhow to increase the positive and reduce the negative effects of development. Using themwill help the construction industry’s overall performance in working with wildlife.

CIRIA C691110

As part of the construction of a major infrastructure project the loss of an existing bat roost wasunavoidable.

To compensate, this artificial bat roosting chamber was built under the guidance of a specialist.The bat chamber was constructed out of concrete culvert sections and lined with brick walls tocreate a labyrinth of tunnels. These were then fitted with “bat bricks”, bat roosting blocks and timberwork to encourage bats to use the structure. The location of the chamber was carefully chosen toensure correct internal humidity and temperature, and to link in with existing bat habitats. Bats areusing the chamber for hibernation and its continued success is being monitored.


References

ANDERSON, P and GROUTAGE, P (2003)Habitat translocation – best practice guideC600, CIRIA, London (ISBN: 978-0-86017-600-8). Go to: <www.ciria.org>

AUDUS, I, CHARLES, P and EVANS, S (eds) (2010)Environmental good practice on site (third edition)C692, CIRIA, London (ISBN: 978-0-86017-692-3). Go to: <www.ciria.org>

BIODIVERSITY REPORTING and INFORMATION GROUP (2008)UK Biodiversity Action Plan; priority habitat descriptionsHMSO, London. Go to:<www.ukbap.org.uk/library/UKBAPPriorityHabitatDescriptionsfinalAllhabitats20081022.pdf>

BUDD, M, JOHN, S, SIMM, J and WILKINSON, M (2003)Coastal and marine environmental site guideC584, CIRIA, London (ISBN: 978-0-86017-584-1). Go to: <www.ciria.org>

BYRON, H (2000) Biodiversity impact – biodiversity and environmental impact assessment: a good practice guide forroad schemesThe RSPB, WWF-UK, English Nature and the Wildlife Trusts, Sandy

CHEFFINGS, C and FARRELL, L (eds) (2005Species Status No. 7: The Vascular Plant Red Data List for Great BritainJoint National Conservation Committee, Peterborough. Go to:<http://jncc.defra.gov.uk/page-3354>

CLG (1995)Circular 11/95: The use of conditions in planning permissionsCommunities and Local Government, London (ISBN: 978-0-11753-130-7). Go to:<www.communities.gov.uk/publications/planningandbuilding/circularuse>

CLG (1999)Circular 02/99: Environmental impact assessmentCommunities and Local Government, London (ISBN: 978-0-11753-493-3). Go to:<www.communities.gov.uk/publications/planningandbuilding/circularenvironmentalimpact>

CLG (2000)Environmental impact assessment – a guide to proceduresCommunities and Local Government, London (ISBN: 978-0-72772-960-6). Go to<www.communities.gov.uk/publications/planningandbuilding/environmentalimpactassessment>

CLG (2005)Circular 05/05: Planning obligationsCommunities and Local Government, London (ISBN: 978-0-11753-948-8). Go to:<www.communities.gov.uk/publications/planningandbuilding/circularplanningobligations>


CLG (2005)Circular 06/05: Biodiversity and geological conservation –- statutory obligations and their impactwithin the planning systemCommunities and Local Government, London (ISBN: 978-0-11753-951-8). Go to:<www.communities.gov.uk/publications/planningandbuilding/circularbiodiversity>

CLG (2006)Planning for biodiversity and geological conservation: a guide to good practiceCommunities and Local Government, London (ISBN: 978-1-85112-852-8). Go to:<www.communities.gov.uk/publications/planningandbuilding/planningbiodiversity>

CONNOR, D W, ALLEN, J H, GOLDING, N, HOWELL, K L, LIEBERKNECHT, L M,NORTHEN, K O and REKER, J B (2004)The marine habitat classification for Britain and IrelandVersion 04.05, JNCC, Peterborough (ISBN: 1-86107-561-8) (internet version). Go to:<www.jncc.gov.uk/MarineHabitatClassification>

DBERR (2008)Strategy for Sustainable ConstructionDBERR, London.Go to: <www.bis.gov.uk/policies/business-sectors/construction/sustainable-construction>

DEFRA (2002)Working with the grain of nature. A biodiversity strategy for EnglandDepartment for Environment Food and Rural Affairs, London. Go to:<www.defra.gov.uk/environment/biodiversity/documents/biostrategy.pdf>

DEFRA (2006)Local sites: guidance on their identification, selection and managementDepartment for Environment Food and Rural Affairs, London. Go to:<www.defra.gov.uk/rural/documents/protected/localsites.pdf>

DEFRA (2007)Code of Practice on how to prevent the spread of ragwortDepartment of Environment, Food and Rural Affairs, London. Go to:<www.defra.gov.uk/wildlife-pets/wildlife/management/weeds/pdf/cop_ragwort.pdf>

DEPARTMENT OF THE ENVIRONMENT (1995)Circular 35/95: The use of conditions in planning permissionsWelsh Office, Cardiff (ISBN: 978-0-11753130-7)

DETR (2000a)Building a better quality of life. A strategy for more sustainable constructionDepartment for Environment, Transport and the Regions, London. Go to:<www.bis.gov.uk/files/file13547.pdf>

DETR (2000b)Environmental impact assessment – a guide to proceduresDepartment for Environment, Transport and the Regions, London. Go to:<www.communities.gov.uk/documents/planningandbuilding/pdf/157989.pdf>

DfT (2003)Guidance on the methodology for multi-modal studiesDepartment for Transport, London. Go to: <www.dft.gov.uk/webtag/>

ENGLISH NATURE (2002)Revealing the value of nature – working today for nature tomorrowEnglish Nature, Peterborough (ISBN: 1-85716-593-4)



ENVIRONMENT AND HERITAGE SERVICE (2002)The Habitats Regulations: a guide for competent authoritiesNorthern Ireland Government, BelfastGo to: <www.doeni.gov.uk/niea/habitat_regs_guidance_notes.pdf>

EUROPEAN COMMUNITIES (2010)Environment 2010: our future, our choiceSixth EU Environment Action Programme, Office for Official Publications of theEuropean Communities, Luxembourg (ISBN: 9-28940-261-X)Go to: <http://ec.europa.eu/environment/air/pdf/6eapbooklet_en.pdf>

FRY, M (2008)A manual of nature conservation law (second edition)NCWG Publishing Ltd, Nottingham (ISBN: 978-0-95560-830-8)

HALL, G and BURR, P (2007)Easy access environmental management: Implementation of BS 8555 in the construction sector,Phases 1–6 – guidance workbookC667CD, CIRIA, London (ISBN: 978-0-86017-667-1). Go to: <www.ciria.org>

HM GOVERNMENT (2005)Securing the future – UK Government sustainable development strategyThe Stationery Office, Norwich (ISBN: 978-0-10164-672-7)Go to: <www.defra.gov.uk/sustainable/government/publications/uk-strategy/documents/SecFut_complete.pdf>

HMSO (1994)Biodiversity – the UK action planHer Majesty’s Stationery Office, London (ISBN: 978-0-10124-282-0)Go to: <www.ukbap.org.uk/Library/PLAN_LO.PDF>

IEA (1995)Guidelines for baseline ecological assessmentTaylor and Francis, London (ISBN: 978-0-41920-510-4)

IEEM (2006)Guidelines for ecological impact assessment in the United KingdomInstitute of Ecology and Environmental Management, WinchesterGo to: <www.ieem.net/ecia/EcIA%20Approved%207%20July%2006.pdf>

JONES, B, PALMER, J and SYDENHAM, A (2004)Countryside lawShaw & Sons, Kent (ISBN: 0-72191-063-7)

JNCC (1984)Nature conservation in Great Britain: summary of objectives and strategyJoint Nature Conservation Committee, Peterborough (ISBN: 978-0-86139-284-1)

JNCC (1995–1996)Biodiversity: The UK Steering Group ReportJoint Nature Conservation Committee, Peterborough

JNCC (1998)Guidelines for the selection of biological SSSIsJoint Nature Conservation Committee, Peterborough (ISBN: 978-1-87370-170-6)

JNCC (2010)Handbook for Phase 1 habitat survey - a technique for environmental auditJoint Nature Conservation Committee, Peterborough (ISBN: 978-0-86139-636-8)Go to: <http://jncc.defra.gov.uk/page-2468#download>


NATIONAL WILDLIFE CRIME UNIT (2001)Wildlife crime in the UK. Strategic assessment (2009/2010)Department for Environment, Food and Rural Affairs, LondonGo to: <www.defra.gov.uk/paw/pdf/crime-assessment0910.pdf>

NATURAL ENGLAND (2010)European Protected Species Mitigation licensing – how to get a licenceNatural England, PeterboroughGo to: <www.naturalengland.org.uk/Images/WML-G12_tcm6-4116.pdf>

ODPM (2005)Circular 05/2005: Planning obligationsHer Majesty’s Stationery Office, London (ISBN: 978-0-11753-948-8)Go to: <www.communities.gov.uk/publications/planningandbuilding/circularplanningobligations>

ODPM (2005)Planing Policy Statement (PPS) 9: Biodiversity and geological conservationHer Majesty’s Stationery Office, London (ISBN: 978-0-11753-954-9)Go to: <www.communities.gov.uk/publications/planningandbuilding/pps9>

OXFORD, M J (2000)Developing naturally – a handbook for incorporating the natural environment into planning anddevelopmentAssociation of Local Government Ecologists (ALGE), KentGo to: <www.alge.org.uk/publications/index.php>

PIANC (2008)Position paper “working with nature”PIANC, Brussels. Go to: <www.pianc.org>

THE PLANNING SERVICE (1997)Planning Policy Statement (PPS) 2: Planning and nature conservationDepartment of the Environment Northern Ireland (DoENI), BelfastGo to: <www.planningni.gov.uk>

RATCLIFFE, D A A (1977)Nature conservation reviewCambridge University Press, UK (ISBN: 0-52121-159-X)

REES, P A (2002)Urban environments and wildlife law: a manual for the construction industryWiley-Blackwell, UK (ISBN: 978-0-63205-743-6)

RODWELL, J S (ed) (1998)British plant communitiesVolume 1 (1998) Woodlands and scrub (ISBN: 978-0-52162-721-4)Volume 2 (1998) Mires and heaths (ISBN: 978-0-52162-720-7)Volume 3 (1998) Grasslands and montane communities (ISBN: 978-0-52162-719-1)Volume 4 (1998) Aquatic communities, swamps and tall-herb fens (ISBN: 978-0-52162-718-4)Volume 5 (2000) Maritime communities and vegetation of open habitats (ISBN: 978-0-52139-167-2)Cambridge University Press, Cambridge, UK

RTPI (1999)Good practice guide: planning for biodiversityRoyal Town Planning Institute, London (ISBN: 1-902331-112-4)


STRATEGIC FORUM FOR CONSTRUCTION (2008)Strategy for Sustainable ConstructionHM Government, London (ISBN: 978-0-10164-672-7)Go to <www.bis.gov.uk/files/file46535.pdf>

THE SCOTTISH GOVERNMENT (1999)National Planning Policy Guideline (NPPG) 14: Natural heritageThe Scottish Government, Edinburgh

THE SCOTTISH GOVERNMENT (2000)Planning Advice Note (PAN) 60: Planning for natural heritageThe Scottish Government, Edinburgh

THE SCOTTISH GOVERNMENT (2000)Planning Advice Note (PAN) 58: Environmental impact assessmentThe Scottish Government, Edinburgh

THE SCOTTISH GOVERNMENT (2004b)Scotland’s biodiversity: it’s in your hands – a strategy for the conservation and enhancement ofbiodiversity in ScotlandThe Scottish Government. EdinburghGo to: <www.scotland.gov.uk/Publications/2004/05/19366/37241>

THE SCOTTISH GOVERNMENT (2005)Choosing our future: Scotland’s sustainable development strategyThe Scottish Government, Edinburgh (ISBN: 0-75594-851-3)

THE SCOTTISH GOVERNMENT (2007)Planning Circular 8: Environmental Impact Assessment (Scotland) Regulations 1999Scottish Planning Series, the Scottish Government, Edinburgh (ISBN: 978-0-75596-871-8). Go to: <www.scotland.gov.uk/Resource/Doc/205337/0054660.pdf>

STAMP, D (2009)Nature Conservation in BritainNew Naturalists, HarperCollins Publishers, Glasgow (ISBN: 978-0-00-730830-9)Go to: <www.newnaturalists.com/titles/46898/nature-conservation-in-britain-l-dudley-stamp-9780007308309>

THE STATIONERY OFFICE (2005)Design Manual for Roads and Bridges (DMRB 10.4.4)Volume 10 Environmental design and managementSection 4, Part 4 Nature conservation advice in relation to ottersThe Stationery Office, London

UNESCO (1971)“Convention on wetlands of international importance especially as waterfowl habitat”In: Int conf on wetlands and waterfowl, Ramsar, Iran, Office of International Standards andLegal Affairs, United Nations Educational, Scientific and Cultural Organization, 2February 197I. Go to: <www.ramsar.org>

VIE, J-C, HILTON-TAYLOR, C and STUART (eds) (2009)Wildlife in a changing world – an analysis of the 2008 IUCN red list of threatened speciesIUCN, Gland, Switzerland (ISBN: 978-2-8317-1063-1)Go to: <http://data.iucn.org/dbtw-wpd/edocs/RL-2009-001.pdf>

WADE, M, BOOY, O, and WHITE, V (2008)Invasive species management for infrastructure managers and the construction industryC679, CIRIA, London (ISBN: 978-0-86017-679-4). Go to: <www.ciria.org>


WALES BIODIVERSITY PARTNERSHIP (2010)Wales biodiversity frameworkWales Biodiversity Partnership, CardiffGo to: <www.biodiversitywales.org.uk/legislation__guidance-20.aspx>

WELSH ASSEMBLY GOVERNMENT (2009)One Wales: one planet, a new sustainable development scheme for WalesNational Assembly for Wales, Cardiff (ISBN: 978-0-7504 5-169-7)Go to: <http://wales.gov.uk/topics/sustainabledevelopment/publications/onewalesoneplanet/?lang=en>

WELSH ASSEMBLY GOVERNMENT (2009)Technical Advice Note (TAN) 5: Nature conservation and planningNational Assembly for Wales, Cardiff (ISBN: 978-0-75045-430-8)

WELSH ASSEMBLY GOVERNMENT (2010a)Planning Policy Wales (Edition 3)Ref: E7450910, Welsh Assembly Government, Cardiff

WELSH ASSEMBLY GOVERNMENT (2010b)Code of practice to prevent and control the spread of ragwortSustainability and Environmental Evidence Division, Welsh Assembly Government,Aberystwyth. Go to:<http://wales.gov.uk/docs/drah/publications/100713ragwortcodeofpracticeen.pdf>

WOODHALL, R and CROWHURST, D (2003)Biodiversity indicators for construction projectsW005, CIRIA, LondonGo to: <http://projects.bre.co.uk/biodiversity/W005_edited.pdf>

WS ATKINS (2001)Sustainable construction: company indicatorsC563, CIRIA, London (ISBN: 978-0-86017-563-6). Go to: <www.ciria.org>


Statutes

Acts, Codes, Directives, Orders and Regulations

Acts

Agriculture Act 1986 (c49)

Amenity Lands (Northern Ireland) Act 1965

Animal Welfare Act 2006 (c45)

Conservation of Seals Act 1970 (c30)

Countryside Act 1968 (c41)

Countryside (Scotland) Act 1967 (c86)

Countryside and Rights of Way (CRoW) Act 2000

Deer Act 1991 (c54)

Deer (Scotland) Act 1996 (c58)

Environment Act 1995 (c25)

Environment Protection Act 1990 (c43)

Fisheries (Northern Ireland) Act 1966 (c17)

The Foyle and Carlingford Fisheries (Northern Ireland) Order 2007

Hunting Act 2004 (c37)

Marine and Coastal Access Act 2009

Marine Strategy Regulations 2010 (No 1627)

National Parks and Access to the Countryside Act 1949

Natural Environment and Rural Communities (NERC) Act 2006

Natural Heritage (Scotland) Act 1991 (c28)

Nature Conservation (Scotland) Act (2004)

Planning and Compensation Act 1991 (c34)

Protection of Animals Act (1911) Amendment Act 1921 (c14)

Protection of Animals (Scotland) Act 1993 (c15)

Protection of Badgers Act 1992 (c51)

Protection of Wild Mammals (Scotland) Act 2002 (asp 6)

Ragwort Control Act 2003 (c40)

Salmon and Freshwater Fisheries Act 1975 (c51)

Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15)

Town and Country Planning Act 1990


Town and Country Planning (Scotland) Act 1997 (c8)

Water Environment and Water Services (Scotland) Act 2003 (asp 3)

Water Resources Act 1991 (c57)

Weeds Act 1959 (c54)

Welfare of Animals (Northern Ireland) Act 1972 (c7)

Wild Mammals (Protection) Act 1996 (c3)

Wildlife and Countryside Act 1981 (c69)

Wildlife and Countryside (Amendment) (WCA) Act 1985 (c31)

Orders

Agriculture (Environmental Areas) (Northern Ireland) Order 1987

Conservation of Seals (England) Order 1999 (SI 1999 No 3052)

Conservation of Seals (Scotland) Order 2007 (No 126)

Environment (Northern Ireland) (2002) Order (Commencement No. 1) (SR 2003 No. 49)

Nature Conservation and Amenity Lands (Northern Ireland) (NCAL) Order 1985

Noxious Weeds (Northern Ireland) Order 1977 (No. 52, NI 1)

Planning (Northern Ireland) Order 1991

Wildlife (Northern Ireland) Order 1985 (No 171, NI 2)

Wildlife (Amendment) (Northern Ireland) Order 1995 (NI 6)

Regulations

Conservation (Natural Habitats, &c) Regulations 1994

Conservation of Habitats and Species Regulations 2010 (No 490)

Eels (England and Wales) Regulations 2009 (No 3344)

Environmental Impact Assessment (Scotland) Regulations 1999 (Circular 15/1999)

Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 (No. 1842)

Town and Country Planning (Trees) Regulations 1999 (1892)

Water Environment (Controlled Activities) (Scotland) Regulations 2005 (No 348)

European Directives

Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats andof wild fauna and flora (EC Habitats Directive 92/43)

Council Directive 2009/147/EC of the European Parliament and of the Council of 30November 2009 on the conservation of wild birds (codified version of Directive79/409/EEC as amended)


Directive 2000/60/EC of the European Parliament and of the Council of 23 October2000 establishing a framework for the Community action in the field of water policy (EUWater Framework Directive (WFD))

Council Decision 82/461/EEC of 24 June 1982 on the conclusion of the convention onthe conservation of migratory species of wild animals (Bonn Convention)

Council Decision 82/72/EEC of 3 December 1981 concerning the conclusion of theconvention on the conservation of European wildlife and natural habitats (BernConvention)

Convention on Biological Diversity (CBD) signed in 1992 at the 1992 UN Conferenceon Environment and Development (UNCED) in Rio de Janeiro and ratified in 1993

Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008establishing a framework for community action in the field of marine environmentalpolicy (Marine Strategy Framework Directive)

British Standards

BS 5837:2005 Trees in relation to construction. Recommendations

BS 3882:2007 Specification for topsoil and requirements for use

PAS 2010:2006 Planning to halt the loss of biodiversity (ISBN: 978-0-58048-844-3)

European Standards

ISO 14001 Environmental management


Useful websites

Defra consultation on the Marine Policy Statement:<www.defra.gov.uk/corporate/consult/marine-policy/index.htm>

IEEM sources of survey methods: <www.ieem.net/surveymethods.asp>

National Biodiversity Network <http://data.nbn.org.uk/>

Environment Agency, Pollution Prevention Guidelines: <www.netregs.gov.uk>

Defra: <www.defra.gov.uk>

The Scottish Government: <www.scotland.gov.uk>

The Welsh Assembly Government: <www.wales.gov.uk>

Department for Environment Northern Ireland: <www.ni-environment.gov.uk>

The Royal Town Planning Institute: <www.rtpi.org.uk>

Civil Sanction Orders

Netregs <www.netregs.gov.uk/netregs/legislation/current/118478.aspx>

Biodiversity Action Plans

UK BAPS: <www.ukbap.org.uk>

Highways Agency: <www.highways.gov.uk>

Environment Agency: <www.environment-agency.gov.uk>

Information on legislation

The National Archives: <www.opsi.gov.uk>

Wildlife and Natural Environment Bill:<www.niassembly.gov.uk/legislation/primary/2009/niabill5_09_efm.htm>

List of protected species from the Wildlife and Countryside Act 1981:<www.legislation.gov.uk/ukpga/1981/69>

The Environmental Damage (Prevention and Remediation) Regulations 2009. For adefinition of activities causing damage, go to: <www.legislation.gov.uk/>

Information on EC Birds Directive (Directive 2009/147/EC) can be obtained from theJNCC website <www.jncc.gov.uk>


Further reading

ABBOTT, C, DE LA PORTE, C A, BARRINGTON, R, BERTRAND, N, CAREY, C, FRY,A, PRAG, A and VORHIES, F (2002)Business and biodiversity. The handbook of corporate actionEarthwatch, IUCN and World Business Council for Sustainable Development,Switzerland (ISBN: 2-94024-028-0)

AERC (1998)Surveys of the distribution of freshwater Crayfish (Austropotamobius Pallipes) in Northern IrelandRef: B8202, Environment and Heritage Service, DOE Northern Ireland,

AGATE, E (1996)Practical handbook on footpathsBritish Trust for Conservation Volunteers (BTCV), Doncaster (ISBN: 978-0-94675-231-7)

AGATE, E (1998)Practical handbook: the urban handbookBritish Trust for Conservation Volunteers (BTCV), Doncaster (ISBN: 978-0-94675-215-7)

AGATE, E (1998)Practical handbook: woodlandsBritish Trust for Conservation Volunteers (BTCV), Doncaster (ISBN: 978-0-94675-233-1)

AGATE, E and BROOKS, A (1998)Practical handbook on hedgingBritish Trust for Conservation Volunteers (BTCV), Doncaster (ISBN: 978-0-94675-217-1)

ALLABY, M (1998)Dictionary of ecology (second edition)Oxford University Press, UK (ISBN: 978-0-19280-078-7)

ARG UK (2010)Advice Note 5: Great crested newt habitat suitability indexAmphibian and Reptiles Groups of the United Kingdom. Go to<www.arguk.org/index.php?option=com_docman&task=doc_download&gid=9&Itemid=17>

BAINES, J C and SMART, J M A (1991)Guide to habitat creationPackard Publishing Ltd, Chichester (ISBN: 978-1-85341-031-4)

BALKHAM, M, FOSEBEARY, C, KITCHEN, A and RICKARD, C (2010)Culvert design and operation guideC689, CIRIA, London (ISBN: 978-0-86017-689-3). Go to: <www.ciria.org>

BARN OWL TRUST and ENGLISH NATURE (2002)Barn Owls on site – a guide for developers and planners (second edition)English Nature, Peterborough (ISBN: 1-85716-610-8)

BAT CONSERVATION TRUST (1997)Bats and trees in EnglandSpecialist Support Series Paper, Bat Conservation Trust, London

BAT CONSERVATION TRUST (2007)Bat surveys – good practice guidelinesBat Conservation Trust, London (ISBN: 978-1-87274-599-2)


BAT CONSERVATION TRUST (2007)BCT’s Bat Crime Report: 2004–2007BCT, London. Go to: <www.bats.org.uk/pages/bat_crime_investigations.html>

BATTERSBY, J (2005)UK mammals: species status and population trendsJNCC/Tracking Mammals Partnership, Peterborough

BEEBEE, T (1996)Ecology and conservation of amphibiansSpringer (ISBN 978-0-41262-410-0)

BEEBEE, T and DENTON, J (1996)Natterjack Toad conservation handbookEnglish Nature, Peterborough (ISBN: 1-85716-220-X)Go to: <http://naturalengland.etraderstores.com/>

BEEBEE, T and GRIFFITHS, R A (2000)British amphibians and reptilesNew Naturalists, HarperCollins Publishers, Glasgow (ISBN: 978-0-00730-862-0

BEGON, M, HARPER, J and TOWNSEND, C (1996)Ecology: individuals, populations and communities, second editionJohn Wiley & Sons, UK (ISBN: 978-0-63202-344-8)

BENSTEAD, P, DRAKE, M, HAWKE, C, JOSE, P, MOUNTFORD, O, NEWBOLD, C,SELF, M and TREWEEK, J (eds) (1997)The wet grassland guide: managing floodplain and coastal wet grasslands for wildlifeRoyal Society for the Protection of Birds (RSPB), Sandy (ISBN: 978-0-90313-886-4)

BERTHOLD, P (2001)Bird migration: a general survey, second editionOxford University Press, Oxford (ISBN: 978-0-19850-786-4)

BIBBY, T, BURGESS, N D, HILL, D A and MUSTOE, S (2000)Bird census techniques (second edition)Academic Press, London (ISBN: 978-0-12095-831-3)

BLAKESLEY, D and BUCKLEY, P (2010)Woodland creation for wildlife and people in a changing climate: principles and practiceNatureBureau, Berkshire (ISBN: 978-1-87435-744-5)

BRIGHT, P and MORRIS, P (1989)A practical guide to Dormouse conservationNo 11, Occasional Publication of the Mammal Society, London (ISBN: 978-0-90628-208-3)

BRIGHT, P and MORRIS, P (2005)The Dormouse, second editionThe Mammal Society, London (ISBN: 978-0-90628-253-3)

BRIGHT P, MORRIS, P and MITCHELL-JONES, A (2006)Dormouse conservation handbook, second editionIN29 English Nature, Peterborough (ISBN: 1-8-5716219-6)

BRITISH TRUST FOR ORNITHOLOGY (2009)Birds of conservation concern 3Go to: <www.bto.org/images/news/bocc3.pdf>


BROOKS, S J (1993)“Guidelines for invertebrate site surveys”British Wildlife, vol 4, 5, pp 283–286, Joint National Conservation Committee,Peterborough

BROOKS, A and AGATE, E (1976)Practical handbook: waterways and wetlandsBritish Trust for Conservation Volunteers (BTCV), Doncaster (ISBN: 978-0-94675-230-0)

BROWN, A F and GRICE, P V (1993)Birds in England: context and prioritiesEnglish Nature, Peterborough (ISBN: 1-85716-117-3)

BYRON, H (2000)Biodiversity impact – biodiversity and environmental impact assessment: A good practice guide forroad schemesRSPB, WWF-UK, English Nature and the Wildlife Trusts, Sandy, UK

CAMBRIDGESHIRE COUNTY COUNCIL (2001)Biodiversity checklist for land use planners in Cambridgeshire and PeterboroughCambridgeshire County Council, UK

CCW (2009)Water voles and developmentCountryside Council for Wales, BangorGo to: <http://wales.gov.uk/docs/desh/policy/090911conservewatervoleen.pdf>

CHANIN, P and WOODS, M (2003)Surveying dormice using nest tubes: Results and experiences from the south west Dormouse projectResearch Report No 524, English Nature, Peterborough

CIRIA (1995)A clients guide to greener constructionSP120, CIRIA, London (ISBN: 978-0-86017-423-3). Go to: <www.ciria.org>

CIRIA (1999)Environmental issues in construction – a strategic reviewC510, CIRIA, London (ISBN: 978-0-86017-510-0). Go to: <www.ciria.org>

CLARK, M (1998)Badgers (revised edition)British Natural History Series, Whittet Books Ltd, London (ISBN: 978-0-90548-365-8)

CLARKE, G P, WHITE, P C L and HARRIS, S (1998)“Effects of roads on badgers (Meles meles) populations in SW England”Biological Conservation, Vol 86, 2, Elsevier Science BV, London, pp 117–124

CLG (1996)Mineral planning guidance 7: Reclamation of mineral workingsDepartment for Communities and Local Government, London (ISBN: 0-11753-347-5).Go to: <www.communities.gov.uk/documents/planningandbuilding/pdf/156045.pdf>

COLLIS, I and TYLDESLEY, D (1993)Natural assets. Non-statutory sites of importance for nature conservationThe Local Government Nature Conservation Initiative, Association of LocalGovernment Ecologists (ALGE), Kent (ISBN: O-9520912-O-S)


CONNOR, D W, ALLEN, J H, GOLDING, N, HOWELL, K L, LIEBERKNECHT, L M,NORTHEN, K O and REKER, J B (2004)The marine habitat classification for Britain and Ireland, version 04.05Joint Nature Conservation Committee, Peterborough (ISBN: 1-86107-561-8) (internetversion) Go to: <www.jncc.gov.uk/MarineHabitatClassification>

COPPIN, N J and RICHARDS, I G (2007)Use of vegetation in civil engineeringC708, CIRIA, London (ISBN: 978-0-86017-711-1). Go to: <www.ciria.org>

COTE, I M and PERROW, M R (2006)“Fish”In: W J Sutherland (ed), Ecological census techniques, second edition, Cambridge UniversityPress, Cambridge (ISBN: 978-0-52160-636-3), pp 250–278

COUNCIL OF EUROPE (2000)“Action plan for the Greater Horseshoe Bat in Europe”Nature and Environment Series 109, Council of Europe, Strasbourg (ISBN: 92-871-4359-5)

DAY, J C and SYMES, N (2003)A practical guide to the restoration and management of lowland heathlandRSPB management guides, Royal Society for the Protection of Birds (RSPB), Sandy(ISBN: 978-1-90193-038-2)

DEFRA (2002)European Species Guidance Note (WLF II [Rev. 10/02]Department for Environment Food and Rural Affairs, London

DEFRA (2010)Civil sanctions for environmental offencesDepartment of Environment, Food and Rural Affairs, London. Go to:<www.defra.gov.uk/environment/policy/enforcement/pdf/defra-wag-guidance.pdf>

DEWAR, S and SHAWYER, C (1996)Boxes, baskets and platforms – artificial nest sites for owls and other birds of preyThe Hawk and Owl Trust, Taunton, UK (ISBN: 978-0-95031-876-9)

DoENI (2006)A sustainable development strategy for Northern Ireland: first steps towards sustainabilityDepartment of the Environment Northern Ireland (DoENI), Belfast. Go to:<www.ofmdfmni.gov.uk/sustain-develop.pdf>

DRAKE, C M, LOTT, D A, ALEXANDER, K N A and WEBB, J (2007)Surveying terrestrial and freshwater invertebrates for conservation evaluationNatural England, PeterboroughGo to: <http://naturalengland.etraderstores.com/NaturalEnglandShop/NERR005>

DU FEU, C (1993)The BTO nest box guideBTO Guide 20, British Trust for Ornithology, Thetford, Norfolk

EARLY, P, GEDGE, D, NEWTON, J and WILSON, S (2007)Building Greener. Guidance on the use of green roofs, green walls and complementary features onbuildingsC644, CIRIA, London (ISBN: 978-0-86017-644-2). Go to: <www.ciria.org>



EATON, M A, BROWN, A F, NOBLE, D G, MUSGROVE, A J, HEARN, R,AEBISCHER, N J, GIBBONS, D W, EVANS, A and GREGORY, R D (2009)Birds of Conservation Concern 3: the population status of birds in the United Kingdom, ChannelIslands and the Isle of ManBritish Birds 102, The Royal Society for the Protection of Birds (RSPB). Go to:<www.rspb.org.uk/Images/BoCC_tcm9-217852.pdf>

EDGAR, P, FOSTER, J and BAKER, J (2010)Reptile habitat management handbookAmphibian and Reptile Conservation, Bournemouth (ISBN 978-0-9566717-0-7)

ENGLISH NATURE (1997)Wildlife and fresh water – an agenda for sustainable managementEnglish Nature, Peterborough

ENGLISH NATURE (2000)Sector analysis – construction (internal report)English Nature, Peterborough

ENGLISH NATURE (2001)Great crested newt mitigation guidelinesEnglish Nature, Peterborough (ISBN: 1-85716-568-3)Go to: <http://naturalengland.etraderstores.com/NaturalEnglandShop/UserFiles/Files/newt1.pdf>

ENGLISH NATURE (2001)Species recovery programmeIN73, Natural England, Peterborough (ISBN: 1-85716-582-9)

ENGLISH NATURE (2002)Species protection in planning and developmentEnglish Nature, Peterborough

ENGLISH NATURE (2002)Badgers and development. A guide to best practice and licensingEnglish Nature, PeterboroughGo to: <www.naturalengland.org.uk/Images/badgers-dev-guidance_tcm6-4057.pdf>

ENGLISH NATURE (2003)Green roofs: their existing status and potential for conserving biodiversity in urban areasReport No 498, English Nature, Peterborough

ENGLISH NATURE (2006)The Dormouse conservation handbookEnglish Nature, Peterborough (ISBN: 1-85716-219-6)

ENGLISH NATURE and SCOTTISH NATURAL HERITAGE (1993)Bats in roofs – a guide for surveyorsEnglish Nature, Peterborough (ISBN: 1-85716-006-1)Go to: <www.arborecology.co.uk/resources/batsinroofs.pdf>

ENTWISTLE, A C, GIBSON, S, D, HARRIS, S, HEPBURN, I, HUTSON, A M,JOHNSTON, I, RACEY, P A and WALSH, A (2001)Habitat management for bats – a guide for land managers, land owners and their advisorsJoint Nature Conservation Committee, Peterborough (ISBN: 978-1-86107-528-4)Go to: <www.jncc.gov.uk/page-2465>

ENVIRONMENT AGENCY (1999)Otters and river habitat management (second edition)Environment Agency, Bristol


ENVIRONMENT AGENCY (2000)Green roof toolkitEnvironment Agency, BristolGo to: <www.environment-agency.gov.uk/business/sectors/91967.aspx>

ENVIRONMENT AGENCY (2003)Guidance for the control of invasive plants near water coursesEnvironment Agency, BristolGo to: <www.broads-authority.gov.uk/broads/live/managing/wildlife/invasive-species/booklet_895604.pdf>

ENVIRONMENT AGENCY (2009)The Knotweed Code of Practice – managing Japanese knotweed on development sitesEnvironment Agency, Bristol. Go to:<www.environment-agency.gov.uk/static/documents/Leisure/japnkot_1_a_1463028.pdf>

FARRELL, L (1993)Lowland heathland: the extent of habitat changeEnglish Nature, Peterborough (ISBN: 978-1-85716-087-1)

FINNEGAN, L, HAMILTON, G, PEROL, J and ROCHFORD, J (2007)“The use of hair tubes as an indirect method for monitoring red and grey squirrelpopulations”Biology and Environment: Proceedings of the Royal Irish Academy, vol 107B, 2, Royal IrishAcademy, Dublin, pp 55–60

GARROD, G and WHITBY, M (Eds.), (2005)Strategic countryside managementElsevier Science Ltd BV, UK (ISBN: 978-0-08043-889-4)

GENT, T and GIBSON, S (eds) (2003)Herpetofauna workers manualJoint Nature Conservation Committee, Peterborough (ISBN: 978-1-86107-450-8)

GIBBONS, D W and GREGORY, R D (2006)“Birds”In: W J Sutherland (ed), Ecological census techniques, second edition, Cambridge UniversityPress, Cambridge (ISBN: 978-0-52160-636-3), pp 308–350

GILBERT, O and ANDERSON, P (1998)Habitat creation and repairOxford University Press, Oxford, UK

GILBERT, O and ANDERSON, P (2001)The ecology of urban habitats (new edition)Chapman and Hall, London (ISBN: 978-0-41245-500-1)

GILES, N, SANDS, R and FASHAM, M (2005)“Fish”In: D Hill, M Fasham, P Tucker, M Shewry and P Shaw (eds) Handbook of biodiversitymethods: survey, evaluation and monitoring, Cambridge University Press, Cambridge, pp368–386

GRIFFITHS, R A, RAPER, S J and BRADY, L D (1996)Evaluation of a standard method for surveying common frogs (Rana temporaria) and newts(Triturus cristatus, T. helveticus and T. vulgaris)Report 259, Joint Nature Conservation Committee, Peterborough


GURNELL, J and PEPPER, H (1994)Red squirrel conservation field study methodsForestry Commission Research Information Note 255, Forestry Commission, UK

GURNELL, J, LURZ, P and PEPPER, H (2009)Practical techniques for surveying and monitoring squirrelsForestry Commission, Surrey

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, Wiley-Blackwell, London, pp 51–74

HALLIDAY, T (2006)“Amphibians”In: D Hill, M Fasham, P Tucker, M Shewry and P Shaw (eds) Handbook of biodiversitymethods: survey, evaluation and monitoring, Cambridge University Press, Cambridge, pp278–296

HARRIS, S (2000)Urban foxes (second edition)Whittet Books Ltd, Stansted, Essex (ISBN: 978-1-87358-051-6)

HARRIS, S and YALDEN, D W (2008)Mammals of the British Isles handbook (fourth edition)The Mammal Society, London (ISBN: 978-0-90628-265-6)

HARRIS, S, CRESWELL, P and JEFFERIES, D (1989)Surveying badgersThe Mammal Society, Southampton (ISBN: 978-0-90628-206-9)

HARRIS, S, JEFFRIES, D, CHEESEMAN, C and BOOTY, C (1994)Problems with badgers? (third edition)Royal Society for the Prevention of Cruelty to Animals (RSPCA), Horsham, West Sussex(ISBN: 0-901098-04-3)

HILL, D, FASHAM, M, TUCKER, P, SHEWRY, M and SHAW, P (eds) (2005)Handbook of biodiversity methods: survey, evaluation and monitoringCambridge University Press, Cambridge (ISBN: 978-0-52182-368-5)

JNCC (1996)A framework for otter conservation 1995–2000Joint Nature Conservation Committee, Peterborough

JNCC (2004)Common standards monitoring guidance for birdsJoint Nature Conservation Committee, PeterboroughGo to: <http://jncc.defra.gov.uk/pdf/CSM_birds_incadditionalinfo.pdf>

JNCC (2004)Common standards monitoring guidance for reptiles and amphibiansJoint Nature Conservation Committee, PeterboroughGo to: <http://jncc.defra.gov.uk/pdf/csm_reptiles_amphibians1.pdf>

JNCC (2008)Common standards monitoring guidance for terrestrial and freshwater invertebratesJoint Nature Conservation Committee, PeterboroughGo to: <http://jncc.defra.gov.uk/pdf/CSM_terrestrial_freshwater_Inverts.pdf>


JOHNSTON, J and NEWTON, J (1988)Building green – a guide to using plants on roofs, walls and pavementsLondon Ecology Unit, UK (ISBN: 978-1-87104-518-5)

KERSEY, J (2004)Sustainable construction – implementing targets and indicators. Experiences from CIRIA’sPioneers’ ClubC633, CIRIA, London (ISBN: 978-0-86017-633-6). Go to: <www.ciria.org>

KIRBY, P (2001)Habitat management for invertebrates: a practical handbook (second edition)The Royal Society for the Protection of Birds (RSPB), Sandy (ISBN: 978-1-90193-030-6)

LANGTON, T (1989)Snakes and lizardsFroglife, Halesworth, Suffolk

LANGTON, T, BECKETT, C, and FOSTER, J (2001)Great crested newt conservation handbookFroglife, Halesworth, Suffolk (ISBN: 0-95211-064-4)Go to: <www.froglife.org/advice/gcnch.htm>

LURZ, P, GURNELL, J, MCDONALD, R and CARTMEL, S (2007)“Developing a monitoring strategy for red squirrels (Sciurus vulgaris) across the UK”In: M Tonkin (ed) The Scottish Squirrel Forum Proceedings, Dundee, Scotland, ScottishNatural Heritage, Edinburgh, Scotland, p 38

MACKENZIE, A, BALL, A and VIRDEE, S (1998)Instant notes: EcologyBIOS Scientific Publishers Ltd, Oxford (ISBN: 978-1-85996-257-2)

MAFF (1985)Pesticides safety precautions scheme: products cleared for agricultural, food storage, public hygiene,domestic and related uses in the United Kingdom, first editionMinistry of Agriculture, Fisheries and Food, London

MITCHELL-JONES, A (2004)Bat mitigation guidelinesEnglish Nature, Peterborough (ISBN: 1-85716-781-3)Go to: <http://naturalengland.etraderstores.com/NaturalEnglandShop/IN136>

MITCHELL-JONES, A J and MCLEISH, A P (eds) (2004)The Batworkers’ manual, third editionJoint nature Conservation Committee, Peterborough (ISBN: 978-1-86107-558-1)Go to: <www.jncc.gov.uk/pdf/batwork_manualpt1.pdf>

MORRIS, P and THERIVEL, R (2001)Methods of environmental impact assessment (second edition)Routledge, UK (ISBN: 978-0-415-23959-2)

MOULTON, N and CORBETT, K (1999)Sand lizard conservation handbookEnglish Nature, Peterborough (ISBN: 1-85716-460-1)

MUSTOE, S, HILL, D, FROST, D and TUCKER, G (2005)“Birds”In: D Hill, M Fasham, P Tucker, M Shewry and P Shaw (eds) Handbook of biodiversitymethods: survey, evaluation and monitoring, Cambridge University Press, Cambridge, pp412–432


NATIONAL TRUST (2001)Wildlife and buildings – technical guidance for architects, builders, building managers and othersThe National Trust, WarringtonGo to: <www.nationaltrust.org.uk/main/w-wabman.pdf>

NATURAL ENGLAND (2008)Water voles – the law in practice. Guidance for planners and developersNE86, Natural England, Peterborough (ISBN: 978-1-84754-054-6)Go to: <http://naturalengland.etraderstores.com/NaturalEnglandShop/NE86>

NATURAL ENGLAND (2009a)Interpretation of “disturbance” in relation to badgers occupying a settNatural England, PeterboroughGo to: <www.naturalengland.org.uk/Images/WMLG16_tcm6-11814.pdf>

NATURAL ENGLAND (2009b)Guidance on “current use” in the definition of a badger settNatural England, PeterboroughGo to: <www.naturalengland.org.uk/Images/WMLG17_tcm6-11815.pdf>

NATURAL ENGLAND (2011)A guide to those taking part in Alphachloralose stupefying treatments against feral pigeonsTIN007, Natural England, BristolGo to: <http://naturalengland.etraderstores.com/NaturalEnglandShop/TIN007>

OXFORD, M J and MCARTHUR, R (2000)Biodiversity. A regional perspective for planners and developersSouth West Regional Biodiversity Partnership, UK

PEAY, S (2000)Guidance on works affecting white-clawed crayfishEnglish Nature, PeterboroughGo to: <www.naturalengland.org.uk/Images/whiteclawedcrayfish_tcm6-10859.pdf>

PEAY, S (2003)Monitoring the white-clawed crayfish Austropotamobius pallipes. Conserving Natura 2000 riversmonitoring series no 1English Nature, Peterborough

PERROW, M R and DAVY, A J (2002)Handbook of ecological restoration: volume 2, restoration in practiceCambridge University Press, Cambridge, UK (ISBN: 978-0-52104-775-3)

PETERKEN, G F (1993)Woodland conservation and managementChapman and Hall, UK (ISBN: 978-0-41255-730-9)

RACKHAM, O (2003)Ancient woodland: its history, vegetation and uses in EnglandCastlepoint Press, Kirkcudbrightshire (ISBN: 1-89760-427-0)

RSPB (1997)Good practice guide for prospective developments – general principlesRoyal Society for the Protection of Birds, Sandy

RSPB (2009)Birds of conservation concern 3The Royal Society for the Protection of Birds, BedfordshireGo to: <www.rspb.org.uk/Images/BoCC_tcm9-217852.pdf>


RSPB (2011)Wild birds and the law: England and WalesThe Royal Society for the Protection of Birds, BedfordshireGo to: <www.rspb.org.uk/ourwork/policy/wildbirdslaw/index.asp>

RUSS, J (2000)The bats of Britain and Ireland (second edition)Alana Ecology Ltd, Shropshire (ISBN: 0-95360-490-X) (out of print)

SARGENT, G and MORRIS, P (1999)How to find and identify mammalsThe Mammal Society, Southampton (ISBN: 0-90628-252-7) (out of print)

SCHOFIELD, H, W (2008)The lesser horseshoe bat conservation handbookThe Vincent Wildlife Trust, Ledbury (ISBN: 9-780-94608-152-3)

SEPA (2001)Enhancing sustainable urban drainage systems (SuDS) for wildlifeScottish Environment Protection Agency, Stirling

SNH (1998)Bats in buildingsScottish Natural Heritage, Inverness, ScotlandGo to: <www.snh.org.uk/pdfs/species/BatsBuildings.pdf>

SNH (2003)Best practice guidance – badger surveysReport No. 096, Inverness Badger Survey 2003, Scottish Natural Heritage, Inverness,Scotland

SNH (2005)Survey methods for the use in assessing the impacts of onshore windfarms on bird communitiesScottish Natural Heritage, InvernessGo to: <www.snh.org.uk/pdfs/strategy/renewable/Significance%20of%20bird%20impacts%20July%2006.pdf>

SMITH, P G and RACEY, P A (2002)Habitat management for Natterer’s BatMammal Trust UK, Southampton (ISBN: 0-95400-433-7) (out of print)

STARR, C (2005)Woodland management: a practical guideThe Crowood Press Ltd, UK (ISBN: 978-1-86126-789-4)

STEBBINGS, R E and WALSH, S T (1991)Bat boxes – a guide to their history, function, construction and use in the conservation of batsBat Conservation Trust, London (ISBN: 1-87274-502-4)

THE SCOTTISH GOVERNMENT (2004a)An executive strategy setting out a 25 year framework for action to conserve and enhance ofbiodiversity in ScotlandThe Scottish Government, Edinburgh (ISBN: 0-7559-4120-9)Go to: <www.scotland.gov.uk/Publications/2004/05/19366/37239>

STRACHAN, R (2009)Mammal detective (second edition)Whittet Books, Essex (ISBN: 978-1-87358-077-6)


STRACHAN, R and MOORHOUSE, T (2006)Water vole conservation handbook (second edition)Wildlife Conservation Research Unit, University of Oxford, UK (ISBN: 9-546-3764-X)

STRACHAN R, JEFFERIES D J and CHANIN, P R F (1996)Pine Marten survey of England and Wales 1987–1988Joint Nature Conservation Committee (JNCC), Peterborough (ISBN 1 873701 09 8)

SURREY COUNTY COUNCIL (2001)Supplementary planning guidance: biodiversity and nature conservationSurrey County Council

SUTHERLAND, W (2000)The conservation handbook: research, management and policyWiley-Blackwell, London (ISBN: 978-0-63205-344-5)

SUTHERLAND, W J and HILL, D A (1995)Managing habitats for conservationCambridge University Press, Cambridge, UK (ISBN: 978-0-52144-776-8)

TREWEEK, J (1999)Ecological impact assessmentBlackwell Science, UK (ISBN: 0-63203-738-5)

TRUDGILL, S (1989) Soil types: a field identification guideField Studies Council, Shropshire (ISBN: 1-85153-196-3)

UK ROUND TABLE ON SUSTAINABLE DEVELOPMENT (2002)Business and biodiversity – a UK business guide for understanding and integrating natureconservation and biodiversity into environmental management systemsEarthwatch, London. Go to: <www.businessandbiodiversity.org/pdf/bandb.pdf>

UREN, S and GRIFFITHS, E (2000)Environmental management in constructionC533, CIRIA, London (ISBN: 978-0-86017-533-9). Go to: <www.ciria.org>

WARD, D, HOLMES, N and JOSE, P (2001)The new rivers and wildlife handbookRoyal Society for the Protection of Birds (RSPB), Sandy (ISBN: 978-0-90313-870-3)

WARREN, C (2002)Managing Scotland’s environmentEdinburgh University Press, Edinburgh, Scotland (ISBN: 978-0-74861-313-7)

WILLIAMS, C (2010)Biodiversity for low and zero carbon buildings: a technical guide for new buildRIBA Publishing, London (ISBN: 978-1-85946-353-6)

WILLIAMS, P (1999)The pond book. A guide to management and creation of pondsOxford Brookes, UK (ISBN: 0-95379-710-4)

WRAY, S (2006)A guide to rabbit managementC645, CIRIA, London (ISBN 0-86017-645-2). Go to: <www.ciria.org>


Gazetteer of organisations

Many of the UK-wide Non-governmental organisations (NGOs) listed in this section alsohave country offices for Scotland, Wales and Northern Ireland. Consult their websitesfor details.

General

Association of Local Government Ecologists (ALGE)Address: PO Box 45270, Greenwich, London, SE10 1ABEmail: [email protected]: www.alge.org.ukMembers listing: www.alge.org.uk/members/index.phpCommittee members: www.alge.org.uk/info/contacts.phpThe ALGE aims to promote good practice in nature conservation in local government,to provide regular advice on nature conservation matters to local authority associationsand officer societies, and to liaise with other bodies working on related matters.

Biological Records CentreCEH Wallingford, Maclean Building, Crowmarsh Gifford, Wallingford, Oxfordshire,OX10 8BBTel: 01491 692 564Email: [email protected]: www.brc.ac.ukBRC is the national custodian of data on the distribution of wildlife in the UK.

British Library Environmental Information Service96 Euston Road, London, NW1 2DBTel: 020 7412 7477Email: [email protected]: www.bl.ukThe British Library provides information on all aspects of the environment in the UKand the rest of the world.

British Trust for Conservation Volunteers (BTCV)Sedum House, Mallard Way, Doncaster, DN4 8DBTel: 01302 388883Email: [email protected]: www.btcv.orgBTCV is a charity working to promote positive environmental change. Its purpose is toensure that the potential of voluntary action for the environment is fully realised.

CadwWelsh Assembly Government, Plas Carew, Uned 5/7, Cefn Coed, Parc Nantgarew,Cardiff, CF15 7QQTel: 01443 336000Email: [email protected]: www.cadw.wales.gov.ukCadw aim to protect the historic environment of Wales by working with partners andprivate owners.


Centre for Environmental Data and Recording (CEDaR)National Museums Northern Ireland, 153 Bangor Road, Cultra, Holywood, BT18 0EUTel: 028 9042 8428Email: [email protected]: www.nmni.com/cedarCEDaR collects, stores and disseminates information on the distribution of flora andfauna and geological sites within Northern Ireland and its coastal waters oncomputerised databases.

Communities and Local Government (CLG)Eland House, Bressenden Place, London, SW1E 5DUTel: 0303 444 0000Email: [email protected]: www.communities.gov.ukCLG sets policies on local government, housing, urban regeneration, planning and fireand rescue in England. It also deals with Building Regulations, fire safety and somehousing issues in Wales.

Council for the Protection of Rural England (CPRE)128 Southwark Street, London SE1 0SWTel: 020 7981 2800Email: [email protected]: www.cpre.org.ukCPRE promotes the beauty, tranquillity and diversity of rural England by encouragingthe sustainable use of land and other natural resources in town and country.

Council for the Protection of Rural Wales (CPRW)Ty Gwyn, 31 High Street, Welshpool, Powys, SY21 7YDTel: 01938 552525/556212Email: [email protected]: www.cprw.org.ukCPRW aims to conserve and improve the landscape and quality of life, and developpositive change in the communities of rural Wales. It advises and influences the publicand decision makers of the importance of the landscape as a living resource and itsdynamic assets, and to promote the qualities of rural Wales.

Countryside Council for Wales (CCW)Maes-y-Ffynnon, Penrhosgarnedd, Bangor, Gwynedd, LL57 2DWTel: 0845 1306229Email: [email protected]: www.ccw.gov.ukThe CCW is the Government’s statutory advisor on sustaining natural beauty, wildlifeand the opportunity for outdoor enjoyment in Wales and its inshore waters.

Department of Agriculture and Rural Development (DARD)Dundonald House, Upper Newtownards Road, Ballymiscaw, Belfast, BT4 3SBTel: 028 9052 4999Email: [email protected]: www.dardni.gov.uk DARD aims to promote economic growth and the development of the countryside inNorthern Ireland by reducing risk to life and damage to property from flooding fromrivers and the sea, and preserving the productive potential of agricultural land.


Department of the Environment for Northern Ireland (DoENI)Clarence Court, 10–18 Adelaide Street, Belfast, BT2 8GBTel: 028 9054 0540Email: [email protected]: www.doeni.gov.ukDoENI promotes sustainable development and protects, conserves and improves thenatural environment and built heritage of Northern Ireland.

Department for Transport (DfT)Great Minster House, 76 Marsham Street, London, SW1P 4DRTel: 0300 330 3000Email: [email protected]: www.dft.gov.ukThe DfT devise and manage government policy and legislation.

Environment AgencyNational Customer Contact Centre, PO Box 544, Rotherham, S60 1BYTel: 03708 506 506Email: [email protected]: www.environment-agency.gov.ukThe leading public body for protecting and improving the environment in England andWales.

Friends of the Earth26–28 Underwood Street, London, N1 7JQTel: 020 7490 1555Email: [email protected]: www.foe.co.ukFriends of the Earth seeks to influence the government to make changes to policies infavour of people and the planet.

GreenpeaceCanonbury Villas, London, N1 2PNTel: 020 7865 8100Email: [email protected]: www.greenpeace.org.ukGreenpeace is an independent not-for-profit global campaigning organisation that usesnon-violent, innovative confrontation to expose global environmental problems andtheir causes.

GroundworkLockside, 5 Scotland Street, Birmingham, B1 2RRTel: 0121 236 8565Email: [email protected]: www.groundwork.org.ukGroundwork is a federation of trusts in England, Wales and Northern Ireland that workin poor areas to improve the quality of the local environment, the lives of local peopleand the success of local businesses.

Institute of Ecology and Environmental Management (IEEM)43 Southgate Street, Winchester, Hants, SO23 9EHTel: 01962 868626Email: [email protected]: www.ieem.netIEEM aims to raise the profile of the profession of ecology and improve professionalstandards.


Institute of Environmental Management and Assessment (IEMA)St Nicholas House, 70 Newport, Lincoln, LN1 3DPTel: 01522 540069Email: [email protected]: www.iema.netIEMA is a not-for-profit organisation established to promote best practice standards inenvironmental management, auditing and assessment.

Joint Nature Conservation Committee (JNCC)Monkstone House, City Road, Peterborough, PE1 1JYTel: 01733 562626Website: www.jncc.gov.ukJNCC is the public body that advises the UK Government and devolved administrationson UK-wide and international nature conservation.

Marine Management Organisation (MMO)PO Box 1275, Newcastle upon Tyne, NE99 5BNTel: 0300 123 1032Email: [email protected]: www.mfa.gov.uk/mmo/index.htmThe MMO was formed following the introduction of the new Marine and Coastal AccessAct 2009 to make it easier to process licenses for projects from small jetties to large scaledredging operations.

National Biodiversity Network (NBN)3–5 High Pavement, The Lace Market, Nottingham, NG1 1HFTel: 01159 596435Email: [email protected]: www.nbn.org.ukThe NBN is a national project that is building the UK’s first network of biodiversityinformation.

Natural England1 East Parade, Sheffield, S1 2ET (Head Office)Tel: 0845 600 3078Email: [email protected]: www.naturalengland.org.ukWildlife Management and Licensing Service (including bats)Wildlife Licensing Unit, Natural England, First Floor, Temple Quay House, 2 TheSquare, Bristol, BS1 6EBTel: 0845 601 4523Email: [email protected] England is the government’s adviser on the natural environment, whichchampions the conservation and improvement of the natural environment withinEngland.

Natural Environment Research Council (NERC)Polaris House, North Star Avenue, Swindon, SN2 1EUTel: 01793 411500Website: www.nerc.ac.ukNERC provides independent research and training in the environmental sciences.


Northern Ireland Environment Agency (NIEA)Klondyke Building, Cromac Avenue, Gasworks Business Park, Lower Ormeau Road,Belfast, BT7 2JATel: 0845 302 0008Website: www.ni-environment.gov.ukThe NIEA advises on and adopts the governments’ environmental policies andstrategies in Northern Ireland. This is to protect and conserve natural heritage and thebuilt environment, to control pollution and to promote a wider appreciation of theenvironment.

Royal Society for Prevention of Cruelty to Animals (RSPCA)Wilberforce Way, Southwater, Horsham, West Sussex, RH13 9RS (enquiries)Tel: 03001 234 555Website: www.rspca.org.ukThe RSPCA is a voluntary organisation that, among other things, works to preventcruelty to domestic and wild animals, and provides advice on caring for injured wildanimals.

Royal Society of Wildlife Trusts (The Wildlife Trusts)The Kiln, Waterside, Mather Road, Newark, Nottinghamshire, NG24 1WTTel: 01636 677711Email: [email protected]: www.wildlifetrusts.orgThe Royal Society of Wildlife Trusts represents the 47 local Wildlife Trusts across theUK, the Isle of Man & Alderney. With 765 000 members, it is the largest UK voluntaryorganisation dedicated to conserving the UK’s habitats and species.

Scottish Environment Protection Agency (SEPA)Erskine Court, Castle Business Park, Stirling FK9 4TRTel: 01786 457700Website: www.sepa.org.ukSEPA is responsible for the protection of the environment in Scotland.

Scottish Natural Heritage (SNH)Great Glen House, Leachkin Road, Inverness, IV3 8NWTel: 01463 725000Email: [email protected]: www.snh.org.ukSNH aims to manage and sustain Scotland’s natural heritage.

Scottish Society for Protection of Cruelty to Animals (SSPCA)Kingseat Road, Halbeath, Dunfermline, KY11 8RYTel: 03000 999 999Website: www.scottishspca.orgSSPCA is Scotland’s animal welfare charity. Its objectives are to prevent cruelty toanimals and encourage humane treatment.

The Environment Council212 High Holborn, London, WC1V 7BFTel: 020 8144 8380Email: [email protected]: www.the-environment-council.org.ukAn independent UK charity that brings together people from all sectors of business,NGOs, government and the community to develop long-term solutions onenvironmental issues.


The National TrustGeneral enquiries: PO Box 39, Warrington, WA5 7WDTel: 0844 800 1895Email: [email protected]: www.nationaltrust.org.ukThe National Trust has more than three million members and manages over 248 000 haof countryside in England, Wales and Northern Ireland. It also manages almost 600miles of coastline and over 200 buildings and gardens.

The Scottish GovernmentSt. Andrew’s House, Regent Road, Edinburgh, EH1 3DGTel: 08457 741 741/0131 556 8400Email: [email protected]: www.scotland.gov.ukSpecies Management Team: Landscape and Habitats Division1-D North, Victoria Quay, Edinburgh, EH6 6QQTel: 0131 244 6549Email: [email protected] devolved government for Scotland is responsible for most of the issues of day-to-day concern to the people of Scotland, including health, education, justice, rural affairs,and transport.

Welsh Assembly Government (WAG)Cathays Park, Cardiff, CF10 3NQTel: 0300 060 3300Email: [email protected]: www.wales.gov.ukThe WAG is responsible for many of the issues of concern to the people of Wales,including economic development, health, education, planning, transport, environment,culture, agriculture and rural affairs.

Wildfowl and Wetlands Trust (WWT)Slimbridge, Gloucestershire, GL2 7BTTel: 01453 891900Email: [email protected]: www.wwt.org.ukThe WWT is a voluntary organisation concerned with the conservation of wetlands andtheir biodiversity, especially birds.

World Wide Fund for Nature (WWF)Panda House, Weyside Park, Godalming, Surrey, GU7 1XRTel: 01483 426444Email: [email protected]: www.wwf.org.ukWWF seeks to make a difference to people’s lives through its environmental action toprotect water sources, forests and other natural resources that people depend on.


Plants

Arboricultural Advisory & Information Service (AAIS)Alice Holt Lodge, Wrecclesham, Farnham, Surrey, GU10 4LHTel: 01420 22022Email: [email protected]: www.treehelp.infoThe AAIS provides advice and information about trees based on research results andexperience, both national and international, to arboriculture, landscape architects, theconstruction industry and other professionals, and to private individuals.

Arboricultural AssociationUllenwood Court, Ullenwood, Cheltenham, Gloucestershire, GL53 9QSTel: 01242 522 152Email: [email protected]: www.trees.org.ukThe Arboricultural Association is a charitable organisation based in the UK, with morethan 2000 members dedicated to conserving, improving and protecting Britain’sheritage of amenity trees.

British Bryological Societyc/o Hon Membership Secretary: 6 Darnford Close, Parkside, Stafford, ST16 1LRWebsite: www.britishbryologicalsociety.org.ukThe Society is a registered charity that exists to promote a wider interest in all aspects ofbryology.

British Lichen Societyc/o Department of Botany: The Natural History Museum, Cromwell Road, London,SW7 5BDEmail: [email protected]: www.thebls.org.ukFormed to stimulate and advance interest in all branches of lichenology.

Botanical Society of the British Islesc/o Department of Botany: The Natural History Museum, Cromwell Road, London,SW7 5BDEmail: [email protected]: www.bsbi.org.ukThe Botanical Society is a learned society of professional and amateur botanistsdedicated to the study of and interest in the British and Irish vascular plant andcharophyte flora.

Flora LocalePostern Hill Lodge, Marlborough, Wiltshire, SN8 4NDTel: 01672 515 723Email: [email protected]: www.floralocale.orgFlora Locale is a not-for-profit organisation that has been established to promote andadvance the conservation and improvement of native wild plant populations and plantcommunities in relation to creative conservation and ecological restoration.


Forestry Commission (inc Forest Enterprise, Forestry Research)231 Corstorphine Road, Edinburgh, EH14 5NE (enquiries)Tel: 08453 673 787Email: [email protected]: www.forestry.gov.ukThe FC is the government department responsible for the protection and expansion ofthe UK’s forests and woodlands.

Forest Service (Northern Ireland)Dundonald House, Upper Newtownards Road, Belfast, BT4 3SBTel: 02890 524480Email: [email protected]: www.forestserviceni.gov.ukThe department is responsible for promoting the interests of forestry in NorthernIreland, the development of afforestation, the production and supply of timber, and themaintenance of adequate reserves of growing trees.

National Wildflower CentreCourt Hey Park, Roby Road, Liverpool, L16 3NATel: 0151 738 1913Email: [email protected]: www.nwc.org.ukThe Centre aims to encourage the creation of new wildflower landscapes for the benefitof people and wildlife.

Plantlife14 Rollestone Street, Salisbury, Wiltshire, SP1 1DXTel: 01722 342730Email: [email protected]: www.plantlife.org.ukPlantlife is a national membership charity dedicated exclusively to conserving all formsof plant life in its natural habitat.

Woodland TrustAutumn Park, Dysart Road, Grantham, Lincolnshire, NG31 6LLTel: 01476 581 111Email: [email protected]: www.woodland-trust.org.ukThe Woodland Trust is the UK’s leading conservation charity dedicated to theprotection of native woodland heritage.


Landscape design, sustainable buildings andenvironmental business

Association for Environment-Conscious Building (AECB)PO Box 32, Llandysul, SA44 5ZATel: 08454 569 773Email: [email protected]: www.aecb.netThe AECB encourages greater environmental awareness within the buildingconstruction industry.

British Association of Landscape Industries (BALI)Landscape House, Stoneleigh Park, National Agricultural Centre, Warwickshire, CV8 2LGTel: 02476 690333Email: [email protected]: www.bali.co.ukBALI is the national body representing landscape contractors in the UK.

British Earth Sheltering AssociationDr Jerry Harrall, BESA custodian, SEArch architects, 89 Gedney Road, Long Sutton,Lincs, PE12 9JUWebsite: www.besa-uk.orgA not-for-profit organisation that aims to encourage the design and construction ofearth sheltered buildings in the UK.

Business in the EnvironmentBusiness in the Community, 137 Shepherdess Walk, London, N1 7RQTel: 020 7566 8650Email: [email protected]: www.bitc.org.ukInspires businesses to work towards environmentally sustainable development as astrategic, mainstream business issue.

Environmental Practice at Work32 Milton Street, Oswaldtwistle, Lancashire, BB5 3LZTel: 01254 381 289Email: [email protected]: www.epaw.co.ukEnvironmental Practice at Work uses new online technologies to provide environmentallearning programmes and resources directly to employees in the workplace.

The Landscape InstituteCharles Darwin House, 12 Roger Street, London, WC1N 2JUTel: 020 7685 2640Website: www.landscapeinstitute.orgThe Chartered Institute in the UK for landscape architects, incorporating designers,managers and scientists, concerned with improving and conserving the environment.


Habitats and habitat management

British Waterways64 Clarendon Road, Watford, Herts, WD17 1DATel: 01923 201120Email: [email protected]: www.britishwaterways.co.uk/homeBritish Waterways manages and cares for 2000 miles (3219 km) of canals, rivers anddocks, buildings, structures and landscapes.

Centre for Ecology and HydrologyOffices in: Bangor, Edinburgh, Lancaster and WallingfordTel: 01491 692 371Email: [email protected]: www.ceh.ac.ukPart of NERC, the Centre is the leading UK body for research, survey and monitoringin terrestrial and freshwater environments.

Chartered Institution of Water and Environmental Management (CIWEM)15 John Street, London, WC1N 2EBTel: 020 7831 3110Email: [email protected]: www.ciwem.orgAn independent multi-disciplinary professional and examining body for scientists,engineers, other environmental professionals, students and those committed to thesustainable management and development of water and the environment.

Marine Conservation Society (MCS)Unit 3, Wolf Business Park, Alton Road, Ross-on-Wye, Herefordshire, HR9 5NBTel: 01989 566017Email: [email protected]: www.mcsuk.orgThe UK’s national charity dedicated to the protection of the marine environment andits wildlife.


Archaeology and historic heritage

British Geological SocietyKingsley Dunham Centre, Keyworth, Nottingham, NG12 5GG Tel: 01159 363 143Email: [email protected]: www.bgs.ac.ukThe BGS aims to advance geoscientific knowledge of the UK landmass and itscontinental shelf by systematic surveying, long-term monitoring, effective datamanagement and high-quality applied research.

Council for British Archaeology (CBA)St Mary’s House, 66 Bootham, York, YO30 7BZTel: 01904 671 417Email: [email protected]: www.britarch.ac.ukThe CBA is the principal UK-wide NGO that promotes knowledge, appreciation andcare of the historic environment.

English Heritage1 Waterhouse Square, 138-142 Holborn, London EC1N 2STTel: 020 7973 3000Email: [email protected]: www.english-heritage.org.ukEnglish Heritage aims to make sure that the historic environment of England isproperly managed and maintained.

Historic ScotlandLongmore House, Salisbury Place, Edinburgh, EH9 1SHTel: 0131 668 8600Email: [email protected]: www.historic-scotland.gov.ukHistoric Scotland safeguards the nation’s built heritage and promotes its understandingand enjoyment on behalf of Scottish ministers.

Institute for ArchaeologistsWhiteknights, University of Reading, PO Box 227, Reading, RG6 6ABTel: 0118 378 6446Email: [email protected]: www.archaeologists.netThe professional organisation for archaeologists in the UK.


Species advice

Amphibian and Reptile Conservation (ARC)655A Christchurch Road, Boscombe, Bournemouth, Dorset, BH1 4APTel: 01202 391 319Email: [email protected]: www.arc-trust.orgThe ARC provides a unified voice for conserving frogs, toads, newts, snakes and lizards,and the habitats that they depend on. It was formed from the merger of Froglife and theHerpetological Conservation Trust.

Badger TrustPO Box 708, East Grinstead, RH19 2WNTel: 08458 287 878Email: [email protected]: www.badger.org.ukThe Badgers Trust is a registered charity that promotes the conservation, welfare andprotection of badgers, their setts and habitats.

Barn Owl TrustWaterleat, Ashburton, Devon, TQ13 7HUTel: 01364 653 026Email: [email protected]: www.barnowltrust.org.ukThe Trust is the main source of information on barn owl conservation offering a rangeof free leaflets and other publications.

Bat Conservation Trust5th floor, Quadrant House, 250 Kennington Lane, London SE11 5RDTel: 020 7627 2629Bat helpline: 0845 1300 228E-mail: [email protected]: www.bats.org.ukIs the only organisation solely devoted to the conservation of bats and their habitats inBritain.

British Herpetological Society11 Strathmore Place, Montrose, Angus, DD10 8LQEmail: [email protected]: www.thebhs.orgThe oldest and largest UK herpetological society for reptiles and amphibians.

British Ornithologists’ UnionPO Box 417, Peterborough, PE7 3FXTel: 01733 844 820Email: [email protected]: www.bou.org.ukThe British Ornithologists’ Union aims to encourage the study of birds in Britain, Europeand throughout the world to understand their biology and to aid their conservation.


CIRIA C691144

British Trust for OrnithologyThe Nunnery, Thetford, Norfolk, IP24 2PUTel: 01842 750 050Email: [email protected]: www.bto.orgAn independent, scientific research trust investigating the populations, movements andecology of wild birds in the British Isles.

Buglife (The Invertebrate Conservation Trust)First Floor, 90 Bridge Street, Peterborough, PE1 1DYTel: 01733 201 210Email: [email protected]: www.buglife.org.ukThe first organisation in Europe devoted to the conservation of all invertebrates, andare actively involved in saving Britain's rarest bugs, slugs, snails, bees, wasps, ants,spiders and beetles. Aiming to halt the extinction of invertebrate species and to achievesustainable populations of invertebrates.

Butterfly ConservationManor Yard, East Lulworth, Wareham, Dorset, BH20 5QPTel: 01929 400 209Email: [email protected]: www.butterfly-conservation.orgAims to conserve butterflies and moths, as well as the habitats that they depend on.

Froglife2A Flag Business ExchangeVicarage Farm RoadFengatePeterboroughPE1 5TX01733 558844Email: [email protected]: www.froglife.orgFroglife is a national wildlife charity dedicated to the conservation of the UK’samphibians and reptiles (frogs, toads, newts, snakes and lizards), and the habitats theydepend on.

Game and Wildlife Conservation TrustBurgate Manor, Fordingbridge, Hampshire, SP6 1EFTel: 01425 652 381Email: [email protected]: www.gct.org.ukThe Trust promotes the conservation and study of game species, their habitats and theother species associated with those habitats. It also conducts and publishes research onthe subject.

Hawk and Owl TrustPO Box 400, Bishops Lydeard, Taunton, TA4 3WHTel: 0844 984 2824Email: [email protected]: www.hawkandowl.orgThe Trust works to conserve all wild birds of prey and their habitats in the face ofmounting human pressures. It undertakes work in the fields of conservation, researchand education.



Royal Entomological SocietyThe Mansion House, Chiswell Green Lane, St Albans, AL2 3NSTel: 01727 899387Website: www.royensoc.co.ukPlays a major national and international role in disseminating information about insectsand improving communication between entomologists.

Royal Society for the Protection of Birds (RSPB)The Lodge, Potton Road, Sandy, Bedfordshire, SG19 2DLTel: 01767 680 551Email: [email protected]: www.rspb.org.ukThe RSPB works for a healthy environment rich in birds and wildlife.

The Mammal Society3 The Carronades, New Road, Southampton, SO14 0AATel: 02380 237 874Email: [email protected]: www.mammal.org.ukThe Mammal Society works to protect British mammals, to halt the decline ofthreatened species, and to advise on all issues affecting British mammals.

The Northern Ireland Bat GroupNational Museums Northern Ireland, 153 Bangor Road, Cultra, Co. Down, BT18 0EUTel: 028 9039 5264Email: [email protected] voluntary group that provides free advice to the public, organises events andpromotes the conservation of bats.

The Otter TrustEarsham, Bungay, Suffolk, NR35 2AFTel: 01986 893 470A registered charity that aims to encourage the conservation of otters throughout theworld, but with particular emphasis on the British otter.

Vincent Wildlife Trust (VWT)3 & 4 Bronsil Courtyard, Eastnor, Ledbury, Herefordshire HR8 1EPTel: 01531 636441Email: [email protected]: www.vwt.org.ukIndependent charitable body founded by Vincent Weir in 1975, which conserves arange of endangered mammals both through research and practical management. VWTmanage their own reserves, undertake pioneering research and provide expert adviceto others through practical demonstration.

National Fox Welfare Society (NFWS)135 Higham Road, Rushden, Northants, NN10 6DSTel: 01933 411 996Email: [email protected]: www.nfws.org.ukThe NFWS is a voluntary organisation with no paid members, all of the work carriedout by the Society is by people who are concerned enough to want to do somethingpositive for the welfare of foxes across the country.


working with wildlife: guidance for the construction … 036... · ciria c691 london, 2011 working...

Documents