Construction and Ecology,

Working with Wildlife

Aaron Grainger

Senior Ecologist - The Ecology Consultancy

Objectives

• Key considerations for wildlife & development• Legislation & Planning Policy• Protected Species • Enhancements

Bio-what?

Construction and wildlife

Direct habitat and species loss

Fragmentation Disturbance – Light/Noise BUT - Opportunities/benefits Landscape design and

management

Legislation – principal acts relevant to the UK

Wildlife & Countryside Act 1981 (as amended) (WCA) The Conservation of Habitats & Species Regulations 2010

WCA 1981

Protects the most important habitats as SSSIs (e.g. Hampstead Heath)

All species of wild bird (Sch 1) Various species of wild animal (Sch 5) Some plant species (Sch 8)

Can be hard to navigate…

Conservation of Habitats & Species Regs 2010

Implements both the Birds and Habitats Directives.

Designate and maintain the ecological integrity of a network of protected sites – SACs and SPAs.

Protection of listed species (GCN, Bats, Otter etc).

Wild Birds Directive

Special Protection Areas (SPAs) Thames Basin Heaths Langstone Harbour

Annex I Species Nightjar Dunlin Northern Shoveler

The Habitats Directive Gives greater protection to a variety of native

animals including bats, dormice, great crested newt, and otters.

Important sites are designated SACs. E.g. Solent Maritime

The costs of getting it wrong

A successful prosecution for a wildlife offence may lead to a £5000 fine or six months’ imprisonment per offence.

For example the destruction of a barn owl’s nest with three eggs could result in two years imprisonment (six months for destruction of the nest and for each of the three eggs).

Other important legislation Protection of Badgers Act 1992 Wild Mammals Protection Act 1996 Hedgerow Regulations 1997 NERC Act 2006

Planning system

National Planning Policy Framework

Minimising impacts on biodiversity and providing net gains in biodiversity where possible

contributing to the Government’s commitment to halt the overall decline in biodiversity

establishing coherent networks that are more resilient to current and future pressures.

Convention on Biodiversity (Rio Conference 1992) Biodiversity : the UK Action Plan BAPs at the regional, local and corporate levels

comprisingHabitat Action Plans (HAPs)Species Action Plans (SAPs)Cambridge & Peterborough BAP

Biodiversity Action Plans - BAPs

Habitats and Species of Principal Importance for Biodiversity

Priority species include bats, skylark, song thrush, great crested newt etc

Section 41 List Material Consideration

UK BAP

Scoping survey Look for:

designated areas;habitatprotected species;habitats that are subject to a

HAP;species that are subject to a

SAP;

Ecological Survey

Ecological Survey

Phase 1 Habitat Survey

Identifies habitatsProvides ‘target-notes’ Best done in spring or summerExtended Phase 1 surveys

Ecological Survey

Phase 2 Surveys Detailed studies of the important plant and animal groupsRequire specialist inputHave to be undertaken at:

- right season of the year- over a specific number of days,- in appropriate weather - right time of day- and possibly over a period of several years.

When to survey?

Spring and summer Well in advance of any

planning submission or works

Survey Calendar

European Protected SpeciesDerogation Tests

No satisfactory alternative

Favourable conservation status maintained

For overriding public interest or public health and safety

Licensing?

Method Statement and Reasoned Statement

Natural England take 30 working days to process

Be Aware

What have we got here then?

Be Aware

Any ideas?

Be Aware

Badger Sett

Great Crested Newt

Largest of three species native to the UK. Widespread but habitat is fragmented

Associated with ponds, woodland, scrub and grassland

Wildlife and Countryside Act 1981 + Conservation of Habitats and Species Regulations 2010

Offence to kill/injure a GCN Offence to damage or destroy

a breeding or resting place

Bats There are 18 species of bats in

the UK. All native species are insectivorous feeding over hibernate during Nov-March.

Roosting spaces include: attic spaces and crevices in buildings, barns, mature trees, caves and bridges

W&C Act & Cons Regs 2010 Offence to kill/injure or disturb

a bat Offence to damage, destroy or

obstruct access to a bat roost

Otter

Dramatic recovery distribution and abundance

W&C Act 1981 & Conservation of Habitats and Species Regulations (+Annex II)

Otters are protected from killing or injury and it is an offence to damage, destroy or obstruct their breeding/resting places

Offence to disturb an otter whilst it is occupying a holt

Badgers

Badgers are widely distributed in the UK, with occurring in both rural and sub-urban areas.

Protection of Badgers Act 1992

Illegal to kill/injure badgers or interfere with their setts

Reptiles

6 x Species in UK

Prefer rough grassland, scrub and heathland

Common Lizard, Slow Worm and Grass Snake are the most frequently encountered

Protection under the W&C Act 1981

Sand Lizard/Smooth Snake – EC Habitats Directive

Invasive Species

Japanese Knotweed, Giant Hogweed, Cotoneaster etc.

Schedule 9 of the W&C Act 1981 (as amended)

Illegal to plant or cause to grow in the wild i.e. spread from your site to adjacent land

Controlled waste

Survey licence - surveyors of protected species will need to hold a survey licence.

Development licence - required if capturing, disturbing, uprooting or re-locating, or damaging the habitat of, a species protected under the Habitats Regulations 2010.

Conservation licence – for works to conserve any species on Sch. 5 WCA 1981 (as amended)

Licensing and protected species

BREEAM & Code for Sustainable Homes

BREEAM New Construction 2011

CfSH - Mandatory for new homes since 2008

Ecology is one of nine sustainability categories in the assessment process (10-12% of total score)

Aim – To mitigate the impact of the built environment on ecology/enhance the site

BREEAM & Code for Sustainable Homes

Ecologist undertakes site assessment

Prepares ecology report and/or completes template

Likely number of achievable credits is detailed in the report along with associated recommendations/enhancements

Based on ecological value of both the existing site and proposed development

Mitigation Solutions

Creative Ecology

Creative Ecology

Living Roofs – Right Roof In The Right Place

Creative Ecology

Integral Swift Nest Boxes

(Photo. copyright Erich Kaiser / courtesy London's Swifts")

Invertebrates

Invertebrates

Bat Boxes

BCT / ECL Briefing

Bird boxes

The Future?

Landscape Scale Conservation

Ecosystem Services

Biodiversity Off-Setting

Green Infrastructure

What do we offer? Experience & expertise Commitment to working with

the client Fostering good relationship

with consultees and stakeholders

Value for money Team of 35+ Ecologists in

offices in London, Lewes, Norwich and Edinburgh

Questions?

www.ecologyconsultancy.co.uk