Bats and
Great crested newts

Advice for developers on protected species issues in Greater London

Great crested newts and bats are legally protected species that are likely to be encountered on development sites throughout Greater London wherever suitable habitat occurs.

Great crested newts require waterbodies for breeding.  Ponds are preferred and tend to be of medium size, well-vegetated but not too shaded e.g. field ponds, large ditches or quarry ponds.

Terrestrial habitats are required for feeding, hibernation and dispersal.  Great crested newts will utilise a range of terrestrial habitats including grassland, scrub, woodland, hedgerows and ‘wastelands’.  They usually prefer areas with dense ground vegetation with suitable refuges and shelters such as piles of logs, stones or rubble.  Areas of ground with cracks or fissures may also be used for shelter or hibernation.  Great crested newts can be found considerable distances away from ponds but it is generally accepted that their terrestrial range covers an area with a 500m radius from a breeding pond.

Bats require safe roosts sites and suitable foraging areas. Bats may use several roost sites during the year.  They will often return to a roost site at the same time each year.  Buildings are most frequently used in summer time but any age and type of building may be utilized.  Cave-like places, such as tunnels or cellars, are mostly used for hibernation.

Hollow trees in hedgerows, parks or woodlands are used for roosting throughout the year.  Bats use the holes and crevices in trees for shelter, breeding and hibernation.  Suitable conditions usually occur in old trees.

English Nature London Office 
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INTRODUCTION

Great crested newts and all species of bats are protected species.  They are protected by specific legislation and through Government planning policy guidance.  

This advice note aims to explain, as simply and briefly as possible, how developers should seek to comply with legislation and understand planning policy guidance.  The appendices provide more detailed wording from legislation and guidance, and; contact details for relevant organisations.

This note is not intended to be a definitive guide.  Reference to the relevant Acts, Regulations and Planning Policy Guidance notes is recommended.

STATUTORY PROTECTION FOR BATS AND GREAT CRESTED NEWTS 

Bats and great crested newts are protected under The Conservation (Natural Habitats &c) Regulations 1994 (aka the Habitats Regulations) and the Wildlife and Countryside Act 1981 (as amended).  They are often referred to as European Protected Species because they enjoy the extra protection under the Habitats Regulations.

Under this legislation, it is illegal to:
•	Intentionally kill, injure, or capture bats or great crested newts or their young;  (this includes the eggs of great crested newts)
•	Intentionally or recklessly damage, destroy or obstruct access to areas used by bats or great crested newts for shelter or protection
•	Intentionally or recklessly disturb bats or great crested newts while they are occupying a structure or place which is used for that purpose.  

Other European Protected Species (e.g. dormouse, otter) occur in London but are rarely encountered.  Separate advice notes have been written in respect of other protected species, such as reptiles and water voles.

The Developer’s Statutory Obligations

The minimum that developers are required to do is satisfy the statutory regulations for great crested newts and bats.  The wildlife legislation applies throughout the development process, before and after planning permission, and for developments not needing planning permission.

If great crested newts or bats are present on a site and a development proposal is likely to have an impact on these species, the development can only be allowed if:
•	there is a valid planning permission which has properly taken account of the requirements of these species; and,
•	the development is undertaken under a licence from the Department of Environment, Farming and Rural Affairs (DEFRA).

DEFRA licensing 

Licences are issued to enable actions usually prohibited by the law.  They are not supplied for the purposes of facilitating development but to allow the implementation of a mitigation strategy.  They can only be obtained after planning permission has been given.

A license is granted for applications only if:
(a)	there is no satisfactory alternative; and
(b)	the population of bats and/or great crested newts will be maintained at favourable conservation status in its natural range.

The developer needs to submit the following information in order to obtain a licence: 
(a)	a copy of the detailed planning permission granted for the site
(b)	information on the status, location and use by bats and/or great crested newts
(c)	details of what impact the development will have on the bats/great crested newts (if the development will have no effect, there is no need to apply for a licence)
(d)	details of the mitigation plan, when it will be carried out, and who will undertake it.

An ecological consultant should be employed to produce a survey and mitigation package.  Licences are usually issued with conditions e.g. a condition that permits works only during a particular time period.  

PROTECTION THROUGH THE PLANNING PROCESS

Developers should note that during the development of strategic plans (e.g. Unitary Development Plans, Local Plans, planning briefs, etc.) and the determination of planning applications, local planning authorities must have regard to Regulation 3(4) of The Conservation (Natural Habitats &c.) Regulations.  This requires them to take into consideration the conservation of bats and great crested newts when exercising their functions.

In relation to a local authority’s planning functions this means that the authority must ensure that decisions do not prejudice the favourable conservation status of European Protected Species.  In essence the local planning authority must be convinced that a development (with or without a mitigation strategy) would not compromise the viability of any local population.

Local planning authorities should also have due regard to Planning Policy Guidance: Nature Conservation (PPG9).  The intention of the planning guidance is to ensure that protected species and their habitats are safeguarded without the need to invoke the law.

PPG9 states that the presence of a protected species is a material consideration when a local planning authority is considering a development that, if carried out, would be likely to result in harm to the species or its habitat.  (Please see Appendix 1 for fuller text.)

Planners should be using their duty under Regulation 3(4) and the guidance in PPG9 as tools to safeguard protected species and their habitat from development or, if the site can be developed, to obtain necessary mitigation.

In fulfilling their statutory duties, planning authorities should ask developers to provide the following information before planning applications can be determined:

(a)	a survey, which identifies presence/absence; population size, etc.
(b) 	an assessment of the development’s impact on great crested newts or bats
(c) 	a mitigation strategy.

Local planning authorities are unable to fulfil their duty under Regulation 3(4) and cannot properly weigh protected species issues without this information.  If developers follow best practice, they should provide the above information before submitting proposals to the planning authority so mitigation strategies can be discussed and formulated before planning proposals are finalised.

The local planning authority can attach planning conditions or obligations on determination to ensure the fulfilment of PPG9 and help to ensure the development itself is compliant with the requirements of the Habitats Regulations.  For example, if an appropriate mitigation strategy is provided as supporting information, a condition could be attached requiring implementation of a detailed mitigation plan.

Developers should be aware that by not providing the necessary information in support of a planning application, the local planning authority cannot determine the application which may result in delays in the process or even the refusal of planning permission.  

Unitary Development Plans 

Development plans should provide information regarding the local authority’s policy on protected species. Within local development plans, policies for protected species should give clear guidance to developers about the criteria that applications would have to meet, and the likelihood of planning permission being granted, for proposals affecting protected species.  

Even if the development plan contains no protected species policies, developers should still address bat and great crested newt issues when submitting planning applications, as the local planning authority has a legal duty to consider the requirements of these species (irrespective of whether it has a policy).  If planning permission is obtained, the need for a DEFRA licence will still apply. 

BEST PRACTICE

Developers should consult with organisations, such as the English Nature Area Team, local Wildlife Trust or local biological records centre on protected species records.  Ecological consultants should be employed to survey proposed development sites that support habitat suitable for bats or great crested newts before planning proposals are submitted (or even before the land is acquired).

If bats or great crested newts are present, developers should employ ecological consultants to assess the impact of the development and, if necessary, produce a mitigation package and submit these with their planning application.

Early awareness of bats and great crested newts on a site means developers can produce a mitigation strategy before planning proposals become finalised, e.g. alter plans to accommodate great crested newt habitat.  This can save developer’s resources and time as well as produce a more satisfactory planning application and mitigation strategy.

There is always the possibility that great crested newts or bats will be found during development even after following surveys; in which case, any works that may be in breach of the law should cease and advice be sought from an ecological consultant.

Key players - their ROLES AND responsibilities

Developers 
•	If the presence of great crested newts or bats is known or suspected, provide the local planning authority with survey results, an assessment of the development’s impact and a mitigation strategy if necessary.
•	Apply for a licence from DEFRA if mitigation is required.
•	Comply with the legislation, planning conditions and licensing conditions.

Local planning authorities
•	Take bats and great crested newts into account as a material consideration when determining planning applications as set out in PPG9.
•	Ensure protected species are taken into account in preparation of Unitary Development Plans, other Local Plans, planning briefs, etc.
•	Monitor planning conditions and obligations.

English Nature London team
•	Provide generic advice to developers and consultants regarding surveys and mitigation.
•	Give guidance to local planning authorities on site-specific issues where great crested newts or bats may occur.
•	Provide general advice to local authorities regarding planning applications and forward planning matters such as local development plans.

English Nature national team
•	Give advice to DEFRA over licence applications for great crested newts and bats.

Department for Environment, Food and Rural Affairs
•	Determine licence applications for great crested newts and bats.

APPENDIX 1

Statute and guidance

Legislation - The Wildlife and Countryside Act 1981 (as amended) transposes into UK law the Convention on the Conservation of European Wildlife and Natural Habitats (commonly the ‘Bern Convention’).  Great crested newts and bats are listed on Schedule 5 of the 1981 Act.  It is an offence to:

•	Intentionally kill, injure, or take a great crested newt or bat
•	Intentionally or recklessly damage, destroy or obstruct access to any structure or place used for shelter or protection by a great crested newt or bat
•	Intentionally or recklessly disturb a great crested newt or bat while it is occupying a structure or place which it uses for that purpose.

The Conservation (Natural Habitats &c.) Regulations 1994 (the Habitats Regulations) transpose into UK law the Council Directive on the Conservation of Natural Habitats and of Wild Fauna and Flora (the ‘Habitats Directive’).  Great crested newts and bats are listed in Annex II and Annex IV making it an offence to:
•	Deliberately capture or kill a great crested newt or bat
•	Deliberately disturb a great crested newt or bat
•	Deliberately take or destroy the eggs of a great crested newt
•	Damage or destroy a breeding site or resting place of a great crested newt or bat.

Regulation 3(4) of The Conservation (Natural Habitats &c.) Regulations 1994 states that “every competent authority in the exercise of any of their functions, shall have regard to the requirements of the Habitats Directive so far as they may be affected by the exercise of those functions.”

Planning Guidance - PPG9 (1994) paragraph 47 states:

The presence of a protected species is a material consideration when a local planning authority is considering a development proposal which, if carried out, would be likely to result in harm to the species or its habitat.  Local authorities should consult English Nature before granting planning permission.  They should consider attaching appropriate planning conditions or entering into planning obligations under which the developer would take steps to secure the protection of the species, particularly if a species listed in Annex IV to the Habitats Directive would be affected.  They should advise developers that they must conform with any statutory species protection provisions affecting the site concerned.

APPENDIX 2

Stages of THE planning PROCESS FOR A SITE where BATS AND/OR great crested newts may be present

Pre-application stage
1.	Consult with appropriate bodies (e.g. English Nature Area Team, local Wildlife Trust, local Biological Records Centre) about protected species records and/or employ ecological consultants to survey application site for bats and/or great crested newts using best practice techniques.
Responsibility:	Developer	

2.	Employ consultants to assess the impact of the development on any bats or great crested newts found to be present and if necessary produce a mitigation package. 
Responsibility:	Developer	
Application stage			   	
3.	Consider validity of survey findings and suitability of proposed mitigation, with advice from English Nature and other relevant conservation bodies.  Request any additional information and negotiate any required amendments.  Agree the mitigation package with the developer. 
Responsibility:	Local Planning Authority	

4.	Determine application in the light of the information provided with regard to PPG9 and the statutory provisions for bats and great crested newts.
Responsibility:	Local Planning Authority	

5.	Attach conditions or planning obligations to any planning permission granted to ensure the implementation of the mitigation package.
Responsibility:	Local Planning Authority	
Post-application stage				
6.	Acquire the necessary DEFRA licence before any licensable acts commence.
Responsibility:	Developer	

7.	Manage and monitor to ensure that planning conditions and the mitigation strategy are adhered to. 
Responsibility:	Local Planning Authority/Developer	

APPENDIX 3

USEFUL CONTACTS

English Nature London office:

English Nature 
Ormond House
26-27 Boswell Street
London WC1N 3JZ

020 7831 6922
london@english-nature.org.uk
	Greater London Authority:

Biodiversity Unit
GLA Strategy Directorate 
City Hall
The Queen’s Walk
London SE1 2AA

020 7983 4000	
English Nature national office:

English Nature
Northminster House
Peterborough PE1 1UA

01733 455000
www.english-nature.org.uk	London Wildlife Trust:

Harling House
47-51 Great Suffolk Street
London SE1 0BS

020 7261 0447
www.wildlondon.org.uk	

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