4. Construction and wildlife
Direct habitat and species
loss
Fragmentation
Disturbance – Light/Noise
BUT - Opportunities/benefits
Landscape design and
management
5. Legislation – principal acts relevant to the UK
Wildlife & Countryside Act 1981 (as amended) (WCA)
The Conservation of Habitats & Species Regulations 2010
6. 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…
7. 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).
8. Wild Birds Directive
Special Protection Areas (SPAs)
Thames Basin Heaths
Langstone Harbour
Annex I Species
Nightjar
Dunlin
Northern Shoveler
9. 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
10. 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).
12. 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.
13. Biodiversity Action Plans - BAPs
Convention on Biodiversity (Rio Conference 1992)
Biodiversity : the UK Action Plan
BAPs at the regional, local and corporate levels
comprising
Habitat Action Plans (HAPs)
Species Action Plans (SAPs)
Cambridge & Peterborough BAP
14. UK BAP
Habitats and Species of
Principal Importance for
Biodiversity
Priority species include
bats, skylark, song thrush,
great crested newt etc
Section 41 List
Material Consideration
15. Ecological Survey
Scoping survey
Look for:
designated areas;
habitat
protected species;
habitats that are subject to a
HAP;
species that are subject to a
SAP;
16. Ecological Survey
Phase 1 Habitat Survey
Identifies habitats
Provides ‘target-notes’
Best done in spring or
summer
Extended Phase 1 surveys
17. Ecological Survey
Phase 2 Surveys
Detailed studies of the important plant and
groups
Require specialist input
Have 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.
animal
18.
19. When to survey?
Spring and summer
Well in advance of any
planning submission or
works
21. European Protected Species
Derogation 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
25. 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
26. 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
27. 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
28. 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
29. 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
30. 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
31. Licensing and protected species
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)
32. 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
33. 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/enhanceme
nts
Based on ecological value of
both the existing site and
proposed development
48. 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
Talk about the new word biodiversity! But what does it mean? Tend to value things more if they provide something obvious. Eg cows give milk, bees make honey – do earwigs make chutney (Eddie Izzard line!!) If badgers brewed beer would we take more care of them? Or if great crested newts did the ironing would be more keen to provide ponds? (could waffle on about this as a bit of light entertainment!) Wildlife actually does keep us alive (ecosystem services) but on a more prosaic level if we get it wrong with wildlife they cost us money. Getting it right therefore saves money, can create interest and helps maintain a healthy environment
The classic definition of Biodiversity is ‘The variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part, including diversity within species, between species and of ecosystems’ .
Construction can have an impact on wildlife in a number of ways
Principal acts
The Wildlife and Countryside Act 1981 is the principal piece of legislation protecting wildlife in the UK. It has undergone various revisions, including those made by the Wildlife and Countryside (Amendment) Act 1985, and the Countryside and Rights of Way Act 2000. Broadly, it seeks to protect habitats (by designating them as sites of special scientific interest – SSSIs) and individual species. All wild birds are given some protection during the breeding season, and other species are given different degrees of protection depending on their conservation status.
The Wildlife and Countryside Act 1981 is the principal piece of legislation protecting wildlife in the UK. It has undergone various revisions, including those made by the Wildlife and Countryside (Amendment) Act 1985, and the Countryside and Rights of Way Act 2000. Broadly, it seeks to protect habitats (by designating them as sites of special scientific interest – SSSIs) and individual species. All wild birds are given some protection during the breeding season, and other species are given different degrees of protection depending on their conservation status.
In addition to receiving limited protection under Schedule 6 of the WCA 1981, badgers and their setts are also protected by the Badgers Act 1992. This Act was established to help combat the cruel activities of badger digging and badger baiting. It extends to England, Scotland and Wales but not to Northern Ireland.
Natural Environment and Rural Communities Act 2006 (NERC Act)
Amongst other things:
Amends the WCA 1981
Sections 41 and 42 replace section 74 of the CROW Act and thereby extend the CROW biodiversity duty to public bodies and statutory undertakers to ensure due regard to the conservation of biodiversity.
Circulars issued by the Office of the Deputy Prime Minister in England, and by the Scottish Parliament and the National Assembly for Wales).
Government White Papers.
At the 1992 UNCED Conference in Rio the UK Government signed up to the Convention on Biodiversity.
As a result produced Biodiversity: the UK Action Plan. From this has emanated Species Action Plans and Habitat Action Plans at the national level. These action plans state what is needed to conserve and enhance the status of certain wildlife species and habitats that are perceived to be under threat of long term damage or loss. The Action Plans are worked out in great detail, including who should be involved in the process, the ways in which the target is to be achieved and the costs of achieving it.
England, Scotland, Wales and Northern Ireland all have their own BAPs.
Many counties in the UK now have a BAP or are working on one, and even some smaller authorities, such as London Boroughs, have produced their own local plans.
Important governmental organisations have also produced their own BAP, for example the Highways Agency and the Environment Agency
Screening – This can be used to gather together existing information on a site to flag up any possible constraints or opportunities and to identify what may be needed by way of further survey. Screening is not season-dependent. Look for:
designated areas
areas of semi natural habitat
habitats included in a BAP
protected species
species subject to a BAP
Red Data Book (RDB) species
Birds of Conservation Concern (BCC)
Scoping survey – This is a short site visit, possibly at pre-acquisition phase to identify any possible ecological constraints to development and any opportunities for ecological improvement. It is important at this stage to identify the next steps to take in terms of survey. A scoping survey can be carried out any time of the year.
Phase 1 Habitat Survey identifies the habitats that comprise a site and the key plant species for each of those habitat types.
It also provides ‘target-notes’ on important aspects of the site, for example, the presence of a rare plant or animal, or a special habitat feature such as an ancient hedgerow.
A Phase 1 survey can be carried out any time of the year, but is best done in spring and summer when the vegetation types that characterise a certain habitat are more readily identifiable.
Extended Phase 1 surveys provide more information, particularly on the vegetation of a site, than a Phase 1 survey, but do not go into the detail of a Phase 2 survey.
Phase 1 Habitat Survey identifies the habitats that comprise a site and the key plant species for each of those habitat types.
It also provides ‘target-notes’ on important aspects of the site, for example, the presence of a rare plant or animal, or a special habitat feature such as an ancient hedgerow.
A Phase 1 survey can be carried out any time of the year, but is best done in spring and summer when the vegetation types that characterise a certain habitat are more readily identifiable.
Extended Phase 1 surveys provide more information, particularly on the vegetation of a site, than a Phase 1 survey, but do not go into the detail of a Phase 2 survey.
SNCOs – Statutory Nature Conservation Organisations – English Nature, Scottish Natural Heritage, Countryside Council for Wales, Northern Ireland Heritage Service
Wildlife Trust – organised on a county, urban area or country basis e.g.Sussex Wildlife Trust, London Wildlife Trust, Scottish Wildlife Trust, Gwent Wildlife Trust.
RSPB – Royal Society for the Protection of Birds.
LPA - Local Planning Authority
This badger turned up in an embankment on the CTRL works in Ashford late November . Thus delayed works in this stretch until July following year. Artificial sett built and sett shut down with sheep netting and one way gates. Sett excavated and JN put hand in hole just to check and there was something warm and furry there – fortunately the blunt end. Off ran the badger without any hi vis or hard hat. Tut tut!
Development licence – if, as part of an approved development project, it is planned to capture, disturb, uproot and/or relocate or damage the habitat of a species that is protected under the Habitats Regulations 1994 (such as bats, great crested newts, otters etc.) a “development licence” must be obtained. Before the licence is applied for, appropriate surveys must have been carried out to ensure that the proposed work is based on accurate information. Licence applications should be made to DEFRA, WA, SEERAD or EHS-NH NI.
Applications must satisfy the following three tests:
1The development is for the purpose of “preserving public health or public safety of other imperative reasons of over-riding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment”.
2The licence granting authority is satisfied “ that there is no satisfactory alternative”.
3The development will not be “detrimental to the maintenance of the population of the species as a favourable conservation status in their natural range”.
BAP Targets – chalk grassland (UK BAP). Vegetated shingle (Sussex BAP) - conditions on a roof mimic the field conditions on the South Downs in many ways – light/pH/moisture etc. Brownfield sites etc. (UK BAP)
Global issues – Urban Heat Island Effect, storm water amelioration, energy balance–reduces temp. fluctuations+insulation and cooling/air conditioning