Protected Species - Bats
Many populations of wild creatures have seriously declined this century and the UK Wildlife and Countryside Act 1981 protects the most seriously affected species. Where it is necessary, the Statutory Nature Conservation Agencies (such as English Nature) can issues licences to disturb species (such as badger) for nature conservation reasons, such as where a critical site has achieved planning permission, the implementation of which would affect the protected species.
However, species that are declining across Europe have additional protection under the Habitats Directive 1994 and licences to disturb these species (such as bats, great crested newts and dormice) for the purposes of development now need a licence from the Department of the Environment, Transport and the Regions (DETR).
Not only are bat conservationists seeking greater enforcement of legislation affecting bats, but the European Commission has ordered the DETR to strengthen conservation regulations to ensure greater protection for rare plants and animals including all species of bats.
The DETR licensing procedures are new, the procedure for obtaining a licence is complex and the work needing to be done prior to an application can be extensive and time consuming.
In the case of bats for instance, regulation 39 of the Habitats Directive makes it an offence not only to damage a bat roost, but also the resting site of a bat (even if unintentional).
This means that if a bat simply flew into a building, rested for a short while and then flew off, that building could be protected and development work affecting that building would require a DETR licence.
Remember, that the presence of any protected species on a site is material to a planning application. Check for these species early (contact us, we have experience in these matters and can help), because not to do so will almost certainly cause serious delays in your application.
|
