All wild birds, their nests and eggs, are protected under the Wildlife and Countryside Act 1981 which makes it an offence to harm a wild bird or to damage/destroy an active nest. Certain species are also listed on Schedule 1 of this act which provides additional protection from disturbance while they are nesting.
It is a consideration of the Local Planning Authority (LPA) during the planning process that appropriate measures have been undertaken to consider the impacts on birds when determining an application.
The survey aims to establish the identity of what species may be present on-site or passing the site and the number of individuals that are present. This information can allow us to determine how the site is used by birds and what impacts may occur.
If you, your architect, planning agent or the LPA consider there is a likelihood of nesting/schedule 1 birds being present then a survey must be carried out.
You can contact us for further advice.
These surveys are most commonly required prior to the commencement of works which may impact suitable nesting habitats for birds.
This is required during the breeding bird season of March to August.
This is a more detailed survey to assess suitable habitat on site and if it could support Schedule 1 birds or birds listed as Species of Principle Importance.
The aim is to record what species are present, the number of individuals, their behaviour and breeding territories.
These surveys look at habitats that may support migratory birds that overwinter in the UK, usually wetland species.
The surveys should take place between November and February.
More detailed surveys are required for Schedule 1 birds which include nightjar, Dartford warbler, lapwing, black redstart and barn owl.
The survey timings and methods vary from species to species.
A barn owl survey is required if there is a potential for nest sites such as old buildings or any mature trees that have large cavities. The aim is to determine if they are breeding on or near the site.
Once the appropriate survey effort has been completed for your project, a report must be written up to support your planning application. The report will detail information about the surveys, background data for the project area, findings from the surveys, what impact the development will have on these findings and recommendations to mitigate these impacts.
If it is found that nesting birds are present then appropriate buffer zones will need to be implemented or works paused until the chicks have fledged to enable the project to proceed legally. If it is found that schedule 1 birds are present then a mitigation licence will need to be obtained from Natural England. This may also be supported by a ‘mitigation strategy’ which will outline certain factors to consider during the development.