Bats

Service outline:

All protected species and their habitats are legally protected under the Wildlife and Countryside Act 1981 and under the Conservation (Natural Habitats) Regulations 1994, which implements the EC Directive. It is an office to intentionally kill, injure or capture protected species, deliberately disturb them or destroy or obstruct their access. In addition, since the Countryside and Rights of Way Act 2000 it is also an offence to recklessly harm or disturb bats or their roosting places.

The case of R v Cornwall County Council ex parte Jil Hardy has set a precedent with regard to protected species and planning applications. It is now necessary to provide a protected species survey at the beginning of the planning process. This means that if you are submitting a planning application which potentially involves destroying the habitat of a protected species, you must have a survey done first, and submit the results with your planning application.

This will apply, for example, if your development will involve opening a previously undisturbed roof space, demolishing or converting an agricultural building, buildings with lofts or cellars, development involving the felling of trees, or culverts or bridges. Places which protected species use for shelter are protected whether the animals are present or not.

Once we have identified that it is necessary for you to have a protected species survey carried out, your planning application will not be validated until we receive one.

You will not be able to do your own survey. Protected species surveys must be carried out by qualified persons holding a licence from DEFRA.

Further information on protected species surveys