Protected Species Licence Applications
Many animals and some plants are protected by UK and European law.
Working in areas inhabited by protected species can sometimes require a European Protected Species (EPS) Licence application, often referred to as a mitigation licence.
If these species become disturbed, whether deliberately or by accident, the penalties incurred can involve fines and even imprisonment.
Protected species licences from Ecology By Design
Our team of licensed ecologists can work with you to help with your protected species licence application. You will need a European protected species licence to carry out any development works that will interfere with protected species. This includes any development plans that will damage or destroy habitats or species breeding sites.
Specialist ecological consultancy
Ecology By Design has extensive experience in professional ecological consulting and can work with you to create a mitigation scheme to submit in your protected species licence application. Our team will inform the licence application on your behalf, and prepare the document to offer the best possible chance of being issued with an EPS licence.
Whatever the nature of your project, we work closely with our clients to ensure the entire process runs smoothly, without delays.
Applying for a protected species licence
For a licence to be issued, references from ecologists are needed, as are a good level of understanding of the species. Natural England licencing is required to essentially permit action on a development site that would otherwise be prohibited, due to environmental legislation.
Applying for a protected species licence: FAQs
> What is a protected species licence?
This licence lays out detailed steps required by site developers to help minimise the risk to protected species. Issued by either Natural England, Scottish Natural Heritage or Natural Resources Wales, a decision regarding your site is usually made within 30 working days of receiving your completed application.
> Why do I need a protected species licence?
It is an absolute legal offence to destroy a breeding site of a UK protected species, or disturb or capture protected species. This is because European protected species receive full protection under The Conservation of Species and Habitat Regulations Act of 2010.
> What does a licence allow me to do?
Suitable mitigation proposals will need to show exactly how impacts will be reduced, and how compensation measures will be provided. This includes habitat improvement for protected animals, or additional habitat creation and biodiversity net gain, where legally required. This licence will let you disturb a habitat, or catch the creature legally, usually with the condition that any animals caught are released in the same place as soon as possible.
>What species are protected in the UK?
The UK protected species list includes:
> Example of development works that would require a protected species licence
Developing land for housing
Loft conversion, re-roofing, barn conversion (if a roost is present)
Felling/thinning a woodland with trees that contain bar roosts
Felling trees near a badger set
New housing development near a badger set
Riverbank works near otter hold/ breeding site
Works on bridges that would affect otters or bat roosts
Groundworks that would affect a pond where great crested newts/ water voles reside
Anything that would affect water voles or dormice such as tree felling or watercourse re-profiling
> What to include in your application for a protected species licence
An application form;
A method statement covering detailed steps to be carried out under licence;
A work schedule; and
A reasoned statement detailing how the work meets licence criteria & proves there’s no satisfactory alternative path to take.
> What do I need to do to acquire a licence?
The licence must satisfy what is called the 'three tests':
Regulation 53(2)(e) states: “A licence can be granted for the purposes of “preserving public health or public safety or other imperative reasons of overriding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment”.
Regulation 53(9)(a) states: “The appropriate authority shall not grant a licence unless they are satisfied “that there is no satisfactory alternative”.
Regulation 53(9)(b) states: “The appropriate authority shall not grant a licence unless they are satisfied “that the action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range.”
> When do you need to apply for a protected species licence?
A licence can be applied for at any time of year but it requires all permissions in place (Planning or listed building consent) with all ecology conditions discharged. The licence includes a work schedule so although a licence can be applied for at any time year it may have strict dates to be followed to implement it. A licence cannily be applied unto 6 months before works commencing.
> How to apply for an EPS licence
An EPS licence can be applied for by the client (licence holder) and produced by an ecologist (licences ecologist). The licence is submitted to a statutory body (Natural England in England) who will then consider the application and either issue a licence or ask for further information. The licence is a legal document and includes all information for the works to proceed.
> Can a licence be refused?
Technically yes a licence can be refused, however we have never had a licence refused. If a licence require some more information the statutory body will issue a Further Information Request (FIR) which details the things they want changed or is missing from the application.
> How much do EPS licences cost?
The cost of a licence varies depending on species but is usually formed of two fees:
The cost of the consultant producing the licence application; and
The statutory body may issue a charge to assess the licence depending on on the development type.
> How long do protected species licences take to issue?
A licence application once submitted to the statutory body will take on average 30 working days to be issued if there are no requests for further information. However often the licence will take longer than 30 days to be issued so a contingency time should built into the project to allow for this. During the last year average time has been nearer to 45 days.
> How long does a protected species licence last?
Your licence will last for the duration of the works through the entire post-development monitoring process.