For any new development, both developers and construction companies need to consider the environmental impact the project may have, including any detrimental impact to existing protected species. This guide provides information regarding the most common protected species, where you may find them, and what needs to be done should they be discovered. Typical solutions may include ecological surveys.

An ecologist’s role will involve providing ecological services, while keeping you informed of species they feel could be impacted by planned works. Ecologists will be able to give insight into the implications for the project, future outcomes, and proposed mitigation and solutions. 

You can discover our range of ecological services here. 

This guide will cover:

What is environmental legislation?

Protected Species Survey Licence 

Common Protected Species and their habitats

Environmental Legislation to be aware of 

What is environmental legislation?

Environmental legislation protects certain species from harmful activities and habitat destruction. There are different levels of protection depending on the specific species and the protected habitats they inhabit. Ecologists and planners must consider the legislation in place for any species they are considering during ecological surveying. Ecologists work to obtain protected species survey licences, to enable them to survey habitats for protected species. 

Other useful services from Ecology by Design:

Preliminary Ecological Appraisals 

Ecological Impact Assessment 

Protected Species Survey Licence

In order to conduct a robust ecological assessment, ecologists train and gain experience in ecological surveying in order to obtain a protected species survey licence. These licences allow ecologists to disturb, survey and handle protected species in order to conserve them. It takes years to demonstrate competence to secure a given licence. You can search the CIEEM Directory to find a consultant with the appropriate skill set to conduct protected species surveys for your project. 

Common Protected Species and their Habitats

Badger  - Woodland, woodland edges 

Badgers often choose woodlands and woodland edges to dig their setts and will forage across the woodland floor for food such as nuts and berries. Badgers will also forage over grassland and gardens, looking for worms and other invertebrates. During ecological surveying, signs such as latrines, snuffle holes (indents left in the earth during foraging) and paths leading across a site can indicate the presence of badger in an area. Badgers live in large social groups and travel between multiple setts during the year. 

Bats (various species) - Trees and tree roots 

Bats often roost within cavities and cracks of mature trees. Therefore, ecologists will carefully consider the potential of any tree to be impacted by works for roosting bats during ecological surveying. If a large area of grassland is going to be impacted by proposed works, the use of the area by forging bats must be considered. Grasslands with a variety of plant species will attract insects, which in turn attracts bats. The loss of foraging habitat can be extremely detrimental to the species. Bats will also roost within a variety of buildings. 

Dormice are almost exclusively arboreal and inhabit hedgerows and woodlands across the south and midlands of England. Woodland must be highly connected in order to be suitable for dormice, with a dense understory of native tree and shrub species which provide the dormouse with the rich variety of nuts and berries that they depend on to survive. Due to their arboreal lifestyles, dormice are unable to move large distances in search of new habitat, so the protection of their habitat is vital. 

Great Crested Newt  - Ponds, grasslands and woodland

Great crested newts breed within ponds during the spring and will commute between ponds across rough grassland, woodland, gardens and hedgerows where they can also forage and seek shelter. If habitat is lost between ponds, it can prevent newts from commuting successfully. As a European Protected Species, great crested newts are heavily protected against harm and habitat destruction. 

Birds (various species) - Woodlands, hedgerows and mature trees 

Ecology legislation protects active bird nests from destruction, and those on Schedule 1 of The Wildlife and Countryside Act 1981 (as amended) are also protected from disturbance of their nests. Birds use a variety of habitats to nest, including woodlands, hedgerows, mature trees in gardens, scrubby areas, heathland, grassland and buildings. Bird nests must be protected whilst in use, therefore the presence of nests on a site can delay work during the main nesting period (March to September). Often, nest boxes are installed on suitable mature trees and buildings to replace nesting habitat lost during building works. 

Reptiles (various species) - Grasslands, woodland edges, scrublands 

Reptiles are often found on woodland edges and rides, along linear features such as railway lines and in allotments. Here habitats are optimal for foraging and basking along allowing them to retreat to safety quickly if threatened. Reptiles often forage across rough grasslands, particularly when in close proximity to woodland edges or patches of scrub. Reptiles, particularly slow worms (Anguis fragilis), will use scrubby areas to forage and rest. Grass snakes (Natrix helvetica) are often found in wetland areas, where they use ponds and lakes to hunt. Adder (Vipera berus), smooth snake (Coronella austriaca) and sand lizard (Lacerta agilis) are generally found in heathland habitats. Reptiles hibernate over winter, often in rock or log piles or mammal burrows. Reptiles will avoid crossing barriers such as roads in search of new habitat, and being shy animals are often difficult to detect within dense undergrowth. Habitat that is deemed suitable during initial ecological surveying will often require further surveys to ascertain whether reptiles are present. 

Roman Snail - Woodlands, hedgerows 

Roman Snails are generally found on chalk grassland but can also be found in open woodlands and along hedgerows. Believed to have been introduced to the UK by the Romans, populations are often found close to old Roman roads. Roman snails only move a short distance within their lifetimes so are highly vulnerable to habitat destruction.

Otter and Water Vole - Rivers, streams, ditches 

Otter and water vole inhabit rivers, streams, ditches and to a lesser extent, ponds, where they dig their holts and burrows into the banks. Water vole eat vegetation along the banks whereas otter hunt fish and invertebrates within the water. Works along watercourses can result in killing, injury or disturbance of animals or destruction of their habitat. 

Terrestrial Invertebrates (various species) - Heathland, woodland, hedgerow 

Heathland, woodland, hedgerow, brownfield and grassland habitats can provide excellent habitat for a variety of protected invertebrate species or assemblages of importance. Protected species of terrestrial invertebrates are often associated with a specific plant species that they depend on to survive.

Freshwater Invertebrates (various species) - Ponds, rivers, streams

Ecologists will consider the presence of freshwater invertebrates when surveying ponds, rivers and streams. The white-clawed crayfish (Austropotamobius pallipes) is an important protected species facing population decline due to competition and disease introduced by invasive invertebrate species. They are found on the floor of rivers and streams and are often prey for otter. 

Environmental Legislation to be aware of

Ecology legislation protects vulnerable species and habitats from disturbance and destruction.

The Conservation of Species and Habitat Regulations 2017 (as amended)

Consolidated European protection for selected species deemed vulnerable to disturbance by building activities such as bats, great crested newts, rare reptiles, otters and dormice. 

Wildlife and Countryside Act 1981 (as amended) 

The Wildlife and Countryside Act 1981 (as amended) is considered the main legislation for British wildlife. The act contains four parts and 17 schedules. Part 1 protects wildlife (including plants) and controls invasive species. 

Section 41 – Natural Environment and Rural Communities (NERC) Act 2006

This act requires local governments to conserve biodiversity and consider it in policy and decision making. The secretary of state is required to publish a list of species and habitats that are regarded as being of ‘principal importance’ for nature conservation. 

Protection of Badgers Act 1992

The Protection of Badgers Act of 1992 makes it an offence to kill, injure or take a badger, or to damage or interfere with a sett. This impacts ground works within the vicinity of a sett, and therefore must be considered even if the works will not require the destruction of a sett.

Working with an ecology surveyor

An ecologist’s role is to facilitate you in navigating the planning process and/or delivering the aims of your project. They assess the potential impacts of a given proposal on biodiversity, ensuring that no protected species are harmed during planned works, and that all actions are implemented in accordance with ecology legislation and industry standard guidance. In England, ecologists apply for licences from Natural England on behalf of their clients where mitigation works are required for a protected species. Ecologists will guide their clients through the process from start to finish and advise on the most cost and time effective ecology services to allow projects to progress whilst maintaining the favourable conservation status of protected species and avoiding loss of biodiversity. 

To find out more about working with Ecology by Design, contact our experienced team today, or discover our range of services here.