Protected Species Survey

Protected Species in the UK

Certain species are protected by relevant legislation, making it a crime to disrupt them in any way, shape or form. The Habitats Directive set special protection over native animals and animal habitats, with the UK creating its own legislation to impose the same protective measures specifically across the country following Brexit.

At any point that a particular species protected by law is anywhere within the site boundary of a development site, it could be threatened by the proposed works. Anything that could even inadvertently disturb a legally protected species will be a breach of planning obligations, potentially leading to legal penalties and enforcement action.

If there’s any chance that protected species are present, a protected species survey for the specific animal species may be required. A licensed ecologist can then thoroughly inspect the site, work out the likely impact of the planned development works, and confirm the presence or absence of the wildlife species on the site.

UK Protected Species List

Included in the list of UK protected species are:

Laws that Protect Endangered Species

Under UK law, active protected species legislation includes:

• The Conservation of Habitats and Species Regulations 2017
• The Protection of Badgers Act 1992
• The Wildlife and Countryside Act 1981

Protected Species Surveys

What is a Protected Species Survey?

A protected species survey is a category of ecology survey that looks at priority species listed as protected under active legislation. It starts by establishing the likely presence and possible absence of listed animal species before considering the planned site works and seeing if it is expected to have any impact on the present habitat.

In the planning process, a broad ecological survey would be recommended to better understand the current condition of the site and identify important habitat features. It is especially common to do this on a development project that involves previously developed land, brownfield sites and other certain areas where many species could have created habitats.

Starting points for carrying out an initial assessment could be a preliminary ecological appraisal (PEA) or another form of environmental impact assessment. The results could indicate that further surveys are required, such as a bat survey or red squirrel survey, or alternatively, terrestrial surveys of land or invasive species surveys of protected plants.

Common Examples of Protected Species Surveys

When are Protected Species Surveys Required?

More often than not, protected species surveys are generally carried out when a development proposal has the ability to directly or indirectly affect a suitable habitat. The local planning authority could ask for a protected species survey as one of several planning conditions, meaning that granting planning permission wouldn’t be possible without one.

A protected species survey will also be needed if early ecology surveys called for it or if the developer spots signs of protected animals and wants reassurances. Additional surveys could also come from if the site is on or near specific features, such as semi-natural habitat, rough grassland, slow-flowing water bodies, an oast house, old mines, ice houses or urban sites with large gardens or disused buildings.

Surveying Protected Species

In any habitat assessment, specific survey methods are used to check development sites for a range of protected species.

Although the species, behaviours and habits of the type of wildlife will change the appropriate survey techniques, the process generally follows the same steps:

Protected Species Survey Process

Initial Screening

All protected species surveys start with an initial survey, such as a preliminary roost assessment (PRA), for example, in the case of bats and barn owls.

At this point, the qualified ecologist will stage a visual search of the site to establish presence using field signs, egg searches and visual searches for direct evidence of the species.

Detailed Survey

If the primary inspection confirms or cannot rule out the presence of a protected species, a secondary inspection will be needed.

Detailed surveys will vary depending on the species, looking at the activity, locations and behaviours. It could be anything from a daytime survey, bottle trapping, nest tubes and artificial refugia, to nocturnal surveys, hibernation surveys and checks of bird nests and bat roosts.

Mitigation and Licensing

When the development activity is expected to impact bat roosts, roosting bats, water vole habitat or other priority species, avoidance or mitigation measures will be needed.

The mitigation plan will be produced by the ecological consultant in charge of the assessment, containing habitat-suitable mitigation and compensation measures to support present species.

Monitoring and Repeat Visits

A part of the mitigation strategy could involve agreeing to conduct repeat visits as a way of monitoring the site during future development activity or species behaviour.

If further information about the wildlife species’ population sizes, breeding status or hibernation is needed, the ecologist may need to revisit the site across multiple seasons.

Protected Species Survey Report

Just like all ecology survey reports, one from a protected species survey will contain all information from the assessment, results and next steps, recommendations for other surveys, and confirmation of whether the project can now realistically acquire planning consent.

Any issues relating to the species being inspected within the boundary of the site and within 500m of the surrounding vicinity will be noted, as well as the mitigation strategy, such as the creation of bat or nest boxes, natural resources to boost biodiversity value and standing advice.

Either the report will state that there are more survey requirements based on the results of the assessment or that the development can continue, with all protected species either not on the site, not in areas that would affect the project, or mitigated correctly based on the ecologist’s advice.

Protected Species Survey Calendar

For the results of a protected species survey to be accurate, it needs to be carried out at the right time of year. The survey season can differ from species-to-species, and it can also depend on such factors as the weather conditions, the schedule of the development, and certain sensitive times like breeding season.

While bat activity surveys typically start in mid-April, great crested newt surveys usually occur between mid-March and mid-June, and late May is known to be a critical period for nesting birds. That said, bat scoping surveys and other phase 1 surveys can be undertaken all year round.

Due to the worry of timing constraints, protected species surveys should be considered early to cater to the unique survey timings. By doing this, you can also avoid any exceptional circumstances where you can’t arrange a suitable time for an assessment and prevent potential delays to your plans.

Protected Species Survey Licence

Before protected species can be relocated or habitats can be destroyed, development licence conditions state that a European protected species licence is needed. Throughout the British Isles, district-level licensing is available for certain species, speeding up the process of obtaining one for local projects.

Applications for protected species mitigation licences can be made to Natural England, Natural Resources Wales and Scottish Natural Heritage. Our team has extensive experience with all stages in the survey process, including the application for the material consideration of getting a mitigation licence.

Protected Species Survey Cost

Our aim is to minimise costs as much as possible, preventing our clients from paying more than they need to. We do this by hiring ecological consultants all over the country to remove transportation costs and only charging what we need to for each ecological survey we provide.

The cost of our protected species survey services starts at a baseline cost, and from there, we only add on what we need to based on the details of principal importance, such as the size of your site and project. If we need to, we will also increase the cost as a last resort if you need a large number of ecologists to complete the assessment or if your site is particularly time-consuming for our team.

In the case of such surveys, we will clarify why we’ve charged the chosen amount, and you will receive a thorough breakdown in a bespoke quote. We can then begin to provide guidance based on the latest industry standards and instructions from your local authority.

Support Protected Species on your Proposed Development Site

If you’ve been asked for a protected species survey by your local planning authority as part of your planning applicaiton or even if you just think that there’s a reasonable likelihood of small mammals with protected status or similar habitat on your development site, it would be worth speaking to our team and seeing what you need to do, when we can fit in a survey, and how much it will cost.

Our experienced ecologists have extensive survey experience with all protected habitats and species. Once we’ve been instructed to provide advice for your planning project, a licensed surveyor will be sent to your site on a chosen date, and with our help, you’ll have the right survey methods and mitigation measures to support planning applications. For a free quote, contact us via our website, phone or email.