Protected Species Survey

The main protected species encountered on development sites include all 18 UK bat species, great crested newts, badgers, all native reptile species, water voles, otters, dormice, red squirrels, barn owls, and nesting birds (all wild birds are protected while nesting). Protection comes from the Wildlife and Countryside Act 1981, the Conservation of Habitats and Species Regulations 2017, and the Protection of Badgers Act 1992. The level of protection varies between species.

Finding protected species does not automatically prevent development. It means that the impacts must be properly assessed and appropriate mitigation or compensation measures designed. For European protected species such as bats and great crested newts, a Natural England licence will be required before works can proceed. The licensing process requires you to demonstrate that there is no satisfactory alternative, that the development is for imperative reasons of overriding public interest, and that the conservation status of the species will be maintained.

No. Each species group has specific survey seasons dictated by their ecology and behaviour. Bat emergence surveys must be done between May and September. Great crested newt surveys are valid from mid-March to mid-June. Reptile surveys should be conducted in April to June and September to October. Missing the correct survey window means waiting until the following year, which is why planning ahead is critical.

An eDNA (environmental DNA) survey involves collecting water samples from ponds and analysing them in a laboratory for traces of great crested newt DNA. It is a reliable and cost-effective method for determining presence or likely absence. Samples must be collected between mid-April and late June when newts are breeding. A positive eDNA result confirms presence; a negative result provides reasonable confidence of absence, though it does not guarantee it absolutely.

You do not need a licence to survey for badger setts or signs of badger activity, provided the survey does not involve entering or blocking a sett or otherwise disturbing badgers. However, if the development will affect a badger sett — through closure, disturbance, or destruction — a licence from Natural England is required before any works can proceed. It is an offence under the Protection of Badgers Act 1992 to interfere with a sett without a licence.

The number of visits depends on the building's assessed potential to support roosting bats, as determined during the Preliminary Roost Assessment. Low potential: one dusk emergence or dawn re-entry survey. Moderate potential: two surveys, at least one dusk and one dawn, separated by at least two weeks. High potential: three surveys, at least two dusk and one dawn, with a minimum two-week gap between visits. These requirements follow the Bat Conservation Trust survey guidelines.

A European Protected Species (EPS) mitigation licence is issued by Natural England (or equivalent bodies in Wales and Scotland) and permits activities that would otherwise be illegal under the Conservation of Habitats and Species Regulations 2017 — such as destroying a bat roost or capturing and relocating great crested newts. The licence application must include a detailed method statement prepared by a licensed ecologist and typically takes 30 working days to determine.

This is extremely risky. Starting works before surveys are complete could result in killing or injuring protected species, which is a criminal offence carrying unlimited fines and up to six months imprisonment. The planning authority can also issue a stop notice requiring all works to cease. Even if no protected species are ultimately found, the absence of surveys means you cannot demonstrate due diligence, and enforcement action is likely.

Survey results are generally considered valid for one to two breeding or activity seasons, depending on the species. If more than two years have passed since the survey, most planning authorities will require updated surveys. Site conditions can change rapidly — new habitats may establish, species may colonise or abandon sites — so recent survey data is essential for an accurate impact assessment.

The District Level Licence (DLL) is a strategic approach to great crested newt conservation that allows developers to make a financial contribution to a habitat compensation scheme rather than carrying out individual site surveys and mitigation. It is administered by Natural England and currently available in participating local authority areas. The DLL can significantly reduce delays and survey costs, but it is not available everywhere, so check whether your local authority participates in the scheme.