Your Guide to Protected Species and Planning

This is an article designed to introduce readers to Ecological and Habitat Surveys and Reports.

Why all the different names for protected species surveys?

Honestly, we don’t know. Some councils ask for Biodiversity Surveys, some Phase 1 Habitat Surveys, others Ecological Surveys and of course Protected Species Surveys. In practical terms, they’re all the same thing: they look for habitats that are adequate to support protected species. For the purpose of this guide, we’ll call them Habitat Surveys—as that’s probably the best descriptor. You’ll know if this is not applicable for your site, as the council will have asked for something more specific, such as a ‘Bat Survey,’ or ‘Badger Survey’ for example.

Why am I being asked for a habitat survey?

The council’s planning office have asked you for a survey as a validation or determination requirement because PPS9 “Biodiversity and Geological Conservation” and updating it, ODPM Circular 05/2006, state that legally protected species and habitats that are present and affected by your proposed development should be a material consideration for the local planning authority. The Circular makes it very clear that local authorities should refuse consent where this information is absent or inadequate, and should not under any circumstances leaves protected species surveys to conditions of consent. In most cases habitat surveys are now a validation requirement.

What do you mean by ‘Protected’ Species?

The EC Habitats Directive protects bats, like other species e.g. great crested newts through their inclusion in Annex II. This European protected species and habitats legislation is transposed in the UK by the Habitats Regulations 2010, which prevents bats as well as their roosting habitat from being disturbed. Many species are also protected by the Countryside and Rights of Way Act 2000 and the Wildlife and Countryside Act 1981, which criminalize deliberate killing, injury or sale.

Protected means protected

Engaging the Directive is seriously hot water. Cheshire East council were criminally prosecuted and lost appeals all the way up to and including the Supreme Court for not properly enforcing legislation, let alone breaching it themselves. This has become known as the Woolley case. You can Internet search for it or read more about e.g. bats, badgers, newts and other protected species and the law that governs our interaction with them on our web site. Needless to say, the successful prosecution (and other Supreme Court cases, such as Morge v Hampshire C.C.) has left planning officers very nervous about leaving protected species issues to conditions, so addressing such matters up front and robustly is the only way to secure a consent.

Who can do a Habitat survey?

Only an ecologist, and in the case of European protected species e.g. bats—only someone who is educated and trained to handle and disturb bats safely (and has received a rabies injection) can undertake protected species surveys. A license is issued to a surveyor by Natural England in England (Countryside Council for Wales in Wales and Scottish Natural Heritage in Scotland.) These organizations are executive agencies of the UK government, so-called Statutory Nature Conservation Organizations. The license essentially permits actions that would otherwise be unlawful e.g. disturbing great crested newts, or bats.

So, is a Habitat Survey time-sensitive?

Many animals hibernate throughout the winter as there are fewer food sources on which to predate. In consequence, the need to maintain a low body temperature and manage down their metabolism by hibernating in a very stable environment—stable in terms of temperature, humidity, light and noise levels, vibration and airflow—drives their need to hibernate in quality habitat, which differs from species to species. The intense physiological change hibernating animals must undergo to survive this winter fasting is quite phenomenal, but equally, presents planning applicants with constraints: that is, some types of detailed assessment cannot be conducted during the hibernation seasons for example.

So, while Habitat Surveys—which are essentially ‘scoping’ or ‘walkover’ exercises—can be undertaken any time of the year, detailed assessments e.g. bat emergence surveys, are constrained to seasons when animals can be observed without risk of disturbing them. In reality, this season of activity is determined by the climate. A bitterly cold March may delay animals from coming out of hibernation. Conversely, a warm or mild October and November may prolong their activity. Generally however, it is accepted by most planning authorities that detailed protected species surveys should be undertaken in accordance with the various nationals standards and guidance documents, without extenuating circumstances. This is principally because the survey results are deemed to have less scientific validity, so more survey effort is required to satisfy both the planning office and e.g. Natural England.

What does an Ecological Survey or Habitat Report cost?

Habitat Surveys require your site and any proximate features to be assessed using the guidance set out in the Joint Nature Conservation Committee publication; A handbook for Phase 1 Habitat Survey. Standard practice is to walkover the site and locale to identify and index all species of plants and habitats, as well as any protected species found in situ, as a minimum, in order to provide a set of scientifically defensible results. If you have an unusual site or set of circumstances, do not be surprised if you have to do more survey effort than this, or even a bit less! Appreciably, it is not possible to provide a fixed cost for all eventualities, but we suggest you budget an absolute minimum of £399 for a small, simple site and more for larger and more complex sites—inclusive of expenses. It is best to factor in a minimum of 4-7 working days from instruction to receipt of your report.

Are there any extra or hidden costs?

Not with Arbtech. We quote inclusive of expenses and exclusive of VAT. The only disbursement you may require is biological records data, which is procured by you and supplied to us. Normally, the supplier is your local authority or wildlife trust. This can cost from as little as £40 to over £200, depending upon where you are and how big your site is.

A little humour…

Many a customer tells us of ecological woes. We don’t blame them. However, you’ll probably find, as they did, that working with Arbtech is an easy thing to do. We talk simple. We act quickly. And we’re pretty sure we’re cheap.

I’ve had a Habitat Survey done, what next?

If the results were negative, confirming absence of habitats suitable to support populations of protected species, you have nothing further to worry about. And, while PPS9 calls upon local planning authorities to seek biodiversity enhancements in planning applications, often times simple things like wildflower and native tree planting, or erecting bird boxes, is perfectly sufficient.

However, if you have habitats that are adequate to support populations of protected species confirmed as present at your property, you must provide mitigation for two reasons:

1. to minimize the risk of killing or injury to protected species; and
2. to compensate for the loss of habitat.

Recall, from the second paragraph, that it is not only the animals themselves that are protected, but their habitat also. In the case of a non-EPS (European protected species) you can provide mitigation proposals to the council and obtain consent with conditions that bind you to mitigating any risk to species and the enhancement of habitats. Natural England, the licensing body for England, has confirmed this in their Standing Advice flow chart for dealing with protected species.

Equally, in the case that you intend to destroy habitat or disturb protected species, e.g. the filling in of a ponds chock with great crested newts, you have no option whatever except to apply for a European protected species license (or EPSL) to Natural England.

What is mitigation?

Mitigation proposals are your way of demonstrating to the planning authority that your development does not result in risk to species (injury or killing) or loss of habitat (disturbance.) For a species to be present yet unaffected, clearly some measures need to be in place to ensure this risk is minimized. In the case of, say, a single male common pipistrelle bat using your site as an occasional summer roost, the mitigation is hardly likely to be extensive. A crevice dwelling species; the little pip will be perfectly happy with a couple or three bat tubes or boxes. Equally, a large population of badgers will require an altogether different approach. And, depending upon what you’re doing, you may or may not require an EPSL. If you don’t require a license but do require a mitigation method statement, normally these are from £299 and take around 5 working days to author.

…And what about this licensing matter?

An EPSL application is a completely separate issue to planning consent. In fact, contrary to common belief, the need for an EPSL cannot and will not have any detrimental effect on your application. Why? Because the two are separate. You actually need to have a planning consent in your hand, to even apply for a license!

When weighing up our quotation it is worth keeping in mind that we have never had a client refused planning consent or a license application to date. Ever.

To instruct a habitat survey or ecological assessment at your site, call one of our ecological consultants today via 08450 176950 or write to email@arbtech.co.uk.