ALBAN Developments

Building Advice for Protected Species

Building conservation projects run a high risk of conflict with some of the UK’s rarest animals. The traditional materials, building methods and unmanaged buildings and gardens often associated with restoration projects also provide abundant sources of food and shelter that can appeal to endangered and protected species.

This article focuses on three protected species that are frequently encountered in such contexts: badgers, bats and great crested newts. It explains how and why these animals are protected, the practical implications of that protection, and how best to anticipate and overcome the challenges these animals can present to a restoration project.

The Legislative Foundations

There are many active pieces of legislation that refer to species and habitats in the UK. The key pieces of legislation are outlined below:

The Wildlife and Countryside Act (as amended) 1981 is still the major legal instrument for wildlife protection in Britain. This legislation covers the protection of a wide range of protected species and habitats and provides the legislative framework for the designation of Sites of Special Scientific Interest (SSSIs).

The Conservation (Natural Habitats, &c.) Regulations 1994 implement two pieces of European law and provide for the designation and protection of ‘Special Protection Areas’ (SPAs) and ‘Special Areas of Conservation’ (SACs), together with the designation of ‘European Protected Species’, which include bats and great crested newts.
 

The Protection of Badgers Act 1992 consolidated existing legislation on the protection of badgers. This legislation is intended to prevent the persecution of badgers. The act protects both individual badgers and their setts.

The Legislation in Practice

Bats and great crested newts are protected under both the Wildlife and Countryside Act and the Conservation (Natural Habitats, &c.) Regulations. It is an offence to intentionally or (in England and Wales) recklessly kill, injure or capture bats and great crested newts or obstruct access to, damage or destroy the resting places used by these animals.

In the case of bats, which use several resting places or roost sites throughout the year, and tend to reuse the same roosts for generations, these sites are protected whether bats are present or not. Any activity resulting in a contravention of the legislation described above would require a Natural England licence to avoid committing an offence.

Unlike bats and great crested newts, badgers are not protected because they are rare or endangered: badgers receive protection under the Protection of Badgers Act because of their history of persecution by man. It is illegal to deliberately kill, injure or take a badger, or to attempt such actions. In addition, it is an offence to intentionally or recklessly destroy a sett, obstruct access to a sett, or disturb a badger while occupying a sett; with a sett defined as ‘any structure or place which displays signs indicating current use by a badger’.

Development activities that may contravene the above legislation must be carried out under a licence granted by Natural England or the relevant statutory nature conservation organisation.

Great Crested Newts

The great crested newt is the largest of Britain’s three newt species and can be identified by its dark brown warty skin and bright yellow-orange belly with irregular blotches. The males also have a jagged crest along the centre of the back and tail.

Breeding takes place in ponds, although a large part of the lifespan is spent in terrestrial habitats where this species may wander as far as a kilometre from its breeding pond. Great crested newt populations often depend on having a network of ponds close together and interlinked by suitable terrestrial habitat. They are most frequently recorded in medium-sized ponds that are well vegetated but not heavily shaded. Occasional drying out is not a barrier to newt breeding and prevents colonisation by fish. The preferred terrestrial habitat is unimproved grassland, scrub and woodland.

The British population of great crested newts is one of the largest in Europe although it has suffered significant declines over the last century, largely due to the loss of habitats such as agricultural ponds. Because of recent population declines and the importance of the British populations of great crested newt in a European context, this species enjoys a high level of protection.

Badgers

Badgers are common throughout most of Britain although they are more numerous towards the south-west with fewer in flatter arable and upland areas. Badgers can live for up to 14 years and are omnivorous, with worms making up roughly half their diet.

Signs of badger presence include: sett entrance holes, which are generally D-shaped and over 20 centimetres wide; scratch marks on trees; and latrines, which take the form of small pits about 10 centimetres deep containing slimy black faeces. The paths along which badgers travel to and from foraging areas often contain rocks and trees with rubbing marks made by the passing badgers, which may also leave tracks in wet mud and hair caught on undergrowth or fences. Evidence of badger feeding includes shallow ‘snuffle pits’ created by badgers digging for worms.

Bats

The 16 species of bat present in Britain are all relatively small and make use of echo-location to catch and feed on insects. While trees, exposed rock faces and caves were once the natural roost sites for British bats, 15 of the species now make some use of buildings, with a number now largely reliant on them for summer roosting.

Bats are often sensitive to disturbance, which can in extreme circumstances result in the death of adult bats, abandonment of young and/or colony collapse. Bats occupying summer maternity and winter hibernation roosts are particularly sensitive to disturbance and this vulnerability combined with the rarity of many bat species is the reason for the high levels of legal protection which they enjoy.

Best Practice

The key to preventing surprise discoveries causing project delays and mounting costs is to take a proactive approach and assess the site early. A preliminary site assessment by a professional ecologist is a cost-effective way of highlighting any potential wildlife issues. While the planning system should flag up the requirement for survey, this cannot always be relied upon and for the majority of restoration projects. Commissioning a preliminary ecological assessment should be considered best practice.

Please contact Alban Developments for further information.

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