Protected Species Surveys

All bats are protected by law, as European Protected Species (EPS), and it is necessary to undertake bat surveys for many developments. Bats are also strictly protected under UK law by the Wildlife and Countryside Act 1981 and by the Habitats and Species Regulations 2010.

Local planning authorities have a duty to make sure that proposed developments will not affect the favourable conservation status of an EPS. This means that if a site has potential to support bats, and/or there is a possibility that a proposal may affect these species, the planning authority will need to receive a detailed survey report and mitigation proposals as part of a planning application.

There are two main types of survey which may need to be undertaken, depending on the nature of the development:

• Roost surveys, if buildings are to be affected (preliminary visual appraisal, possibly followed by emergence surveys)
• Activity surveys, for proposals affecting habitats that may be used by foraging or commuting bats (e.g. fields, hedges and woodland)

CEC can help by carrying out surveys to establish if bats or nesting birds, including barn owls, are present on a proposed site. If bats, nesting birds or barn owls are present, then that does not mean that a development cannot proceed. However, special measures will need to be put in place to mitigate impacts.

Otters are widespread in Cornwall and generally considered to be present within all river catchments across the county. They are also strictly protected under UK law by the Wildlife and Countryside Act 1981 and by the Habitats and Species Regulations 2010, and are a European Protected Species (EPS). Local planning authorities have a duty to make sure that proposed developments will not affect the favourable conservation status of an EPS. This means that if a site has potential to support otters, and there is a possibility that a proposal may affect the species, the planning authority will need to receive a detailed survey report and mitigation proposals as part of a planning application.

Badgers and their setts are protected under the Protection of Badgers Act 1992 and the Wildlife and Countryside Act 1981.

Badgers are protected on animal welfare grounds rather than for conservation concerns, which means that the legal protection of badgers works in a slightly different way to other protected species.

A badger survey will, in the first instance, consist of a walkover survey looking for badger setts and other field signs. More in-depth surveys may then be required to gather sufficient evidence for mitigation plans and licences. In cases where any development will result in disturbance or damage to a sett, works can only be legally undertaken with a licence from Natural England.

As badger mitigation and licensing can be a complicated process, it is strongly advised to contact us as early as possible within the development process to obtain detailed site specific advice on the options available. CEC’s principal ecologist, Jenny Stuart, is registered to use the new badger class licence, which has a streamlined licensing process and faster turnaround, so choosing to use us for any badger sett closure may reduce delays to your project (seasonal restrictions still apply).

The hazel or common dormouse is a European Protected Species (EPS), which is protected under the Habitats and Species Regulations 2010. The hazel dormouse is also a UK BAP priority species and protected under UK law by the Wildlife and Countryside Act 1981.

Local planning authorities have a duty to make sure that proposed developments will not affect the favourable conservation status of an EPS. If a site has potential to support dormice, and there is a possibility that a proposal may affect the species, the planning authority will need to receive a detailed survey report and mitigation proposals as part of a planning application.

The water vole is fully protected by the Wildlife and Countryside Act 1981. Water voles are only present in small areas of Cornwall, and our team has experience of specifying and undertaking these specialist surveys.

Great crested Newts are a European Protected Species (EPS), which is protected under the Habitats and Species Regulations 2010. The animals and their eggs, breeding sites and resting places are protected by law. Great crested newts are absent from Cornwall but present in the wider South West.

Local planning authorities have a duty to make sure that proposed developments will not affect the favourable conservation status of an EPS. If a site has potential to support great crested newts, and there is a possibility that a proposal may affect the species, the planning authority will need to receive a detailed survey report and mitigation proposals as part of a planning application.

All birds, their nests and eggs are protected under UK law by the Wildlife and Countryside Act 1981. Some species, such as barn owl, are additionally protected against disturbance whilst nesting, through their listing on schedule 1 of the Act. However, most bird species are not offered the same level of protection as the higher profile protected species such as bats or dormice.

There are a number of different types of bird surveys you may require for building and developments, such as breeding birds, wintering birds and migrant birds. The ecologist undertaking your PEA / EcIA will be able to advise you on the scope of any further surveys required, and to explain the methodology and timings. CEC’s bat and barn owl assessment also includes other birds that may be using the building, such as swallows, swifts and house martins.

All native reptiles are protected under UK law by the Wildlife and Countryside Act of 1981. Native British species are the grass snake, adder, slow worm, common lizard, smooth snake and sand lizard (the latter two are also listed on the Habitats and Species Regulations 2010. In Cornwall, smooth snake is absent and sand lizard is only present on a single re-introduction site). They are all listed as priority species for conservation on the UK Biodiversity Action Plan.

If you plan a development within suitable reptile habitat, then you will need a reptile survey, following the Froglife guidelines for reptile survey. The survey will usually involve the setting out of a series of artificial refuges in the areas of suitable habitat, which will then be checked on seven occasions in suitable weather to establish the presence/ likely absence of the different species of reptiles on your site and what impact your development may have upon them.

Most invertebrate species are not offered the same level of protection as the higher profile protected species such as bats or dormice, but these species groups still offer an important contribution to biodiversity, and a number of species are legally protected.

Surveys for invertebrates will be required for development sites where there is potential for important species or species assemblages to be present, or for larger schemes where there will be a significant level of disruption to suitable habitats.

The scope of the survey will depend on the size and nature of the site and development proposals, but is likely to include a scoping visit by an invertebrate specialist to design the survey, which may involve daytime visits to record or catch invertebrates and perhaps night-time moth trapping. Surveys will be designed following Natural England guidance.

This is to ensure that any important species are picked up and can be considered in terms of impact and mitigation and to ensure that the scheme as a whole will not have an overall detrimental effect on biodiversity.