Legislation provides information for land and property developers to follow to help avoid harming protected sites and some animal species.
This section explains how several environmental laws affect construction and developments near protected areas and wildlife in Britain and Northern Ireland.
Before engaging in any construction work, you must find out if it could affect any nearby protected areas or sites.
If so, the local planning authority (LPA) is unlikely to grant planning permission for developments that may damage the region.
The 'MAGIC' mapping tool is useful for checking whether your development is inside (or near to) a protected land site.
Note: You can contact Natural England for environmental advice about planning proposals relating to nationally significant infrastructure projects. They may charge a fee for this service.
A European protected site may also be, or proposed for becoming, a Ramsar wetland, SAC, or SPA. In this case, the planning authority will need to conduct a Habitats Regulations assessment before you can start work.
Some development proposals might affect nearby sites that are protected by legislation (e.g. Ramsar, SAC, SPA, SSSI). Thus, you should check how your construction activities could affect it, using:
The planning authority in your region might decide to consult with Natural England about the project. As a result, they may follow that up by asking you to (any):
Note: Natural England offers further guidance about needing consent for a proposed operation or management change on land in a SSSI - and how to make an application.
Many of the laws in England protect certain delicate or endangered species of plants and animals - including their habitats. Thus, each specific law determines what you can and cannot do if it will impact their existence.
Species protected by European law get the highest level of protection, and they include:
You will be breaking the laws that protect areas and wildlife in the United Kingdom if you get caught:
In simple terms, 'disturbing a protected species' would include any deliberate activity or action that affects or impacts their (either):
You must use (A24 and LR24) to apply for a licence to interfere with badger setts during development work and then report your actions.
Being found guilty of committing an offence can result in an unlimited fine and up to six (6) months in jail.
There are ways to avoid causing harm to protected species of wildlife (e.g. timing the activity). Even so, avoiding harm may not always be possible.
To meet the criteria of exceptional cases (incidental result defence) and carry out activities that would usually be illegal, you must be able to show that you are:
As a rule, you will need to get a 'mitigation licence (A12)' if a project is going to affect a protected species or the habitat that it lives in. An ecologist can give you expert advice if you are unsure.
Even so, you should consider this route as the last resort because getting permission to carry out work that may affect European protected species is rarely given. An ecologist will conduct surveys showing:
Note: The law does not require you to appoint an ecologist per se. But, you would need the help of an expert to complete a mitigation licence application.
You may need to get a survey done by an experienced and qualified ecologist if there could be protected wildlife species on (or near to) the development site.
Assuming the survey shows no evidence of a protected species, you would be able to continue with the planning application or the construction work.
But, if the survey shows that protected species are using the site, the ecologist will assess how the development is going to impact the area, and:
An ecologist will already know the most appropriate time to survey (e.g. for the presence of protected species) - which is usually dependent on the regional weather conditions.
Telephone 020 8026 1089
Check the cost of making the call
Note: You can get further information about the criteria that planning authorities look for when developers are planning a construction near protected areas and wildlife.
Note: The main section contains more advice and information about native flora and fauna across Great Britain and Northern Ireland.
Legislation for Construction Near to Protected Areas and Wildlife