Badger Surveys
Badgers are afforded protection in England and Wales under the Protection of Badgers Act 1992. This protection makes it a criminal offence to interfere with a badger sett by damaging, destroying and disturbing or obstructing access to the sett.
Protected species are a material consideration within the planning process and Local Planning Authorities (LPAs) have a duty in exercising their function to consider the impact of a development on badgers when determining an application.
The law protecting badgers extends to all developments including those with permitted development rights.
Badgers can be found across a broad range of habitats in both rural and urban landscape settings across the UK, with woodlands, hedgerows, pastures and gardens frequently used for sett building and foraging. Subsequently, badgers are commonly encountered in developments, particularly where land use change is required. You may need to consider badger surveys to ensure your project proceeds lawfully.
Badger Surveys
Badger Walkover Survey
This survey consists of a site walkover searching for signs of badgers and their activity, such as latrines, snuffle holes, tracks, scratching posts, guard hairs and badger setts.
This is usually the first survey undertaken for badgers.
Sett Monitoring
This consists of monitoring any sett entrances recorded during the badger walkover survey to determine presence/likely absence or any activity within a sett.
Any development proposals that are likely to disturb or destroy a badger sett will require sett monitoring surveys to inform appropriate licencing and mitigation.
Bait Marking Survey
This is a method used to understand the territory of a given badger population and how badgers use a site or local area.
Developments that are likely to significantly impact badger groups or territories or are likely to damage important badger setts will likely require badger bait marking surveys to inform appropriate licencing and mitigation.
What you need to know about badger surveys
Where will you find out if you need a badger survey
Any suitable habitat recorded for badgers that is relevant to the development will be outlined within a Preliminary Ecological Appraisal Report (PEA), or a badger walker survey report. Any local records of badgers and designated sites which may indicate badgers could be impacted by the development.
Our approach
To ensure our approach is standardised, our badger surveys are carried out in line with The Mammal Society’s Water Mitigation Handbook as well as any other industry technical notes.
Our approach can be trusted to satisfy the requirement of Local Planning Authorities and Natural England and ensure that your project is able to proceed lawfully with the best outcomes for badgers.
The Arun team
We have an in-house team and extended network of ecologists who are highly experienced in designing and undertaking surveys for badgers.
Our experience means that even in the most challenging situations, we are able to quickly find bespoke solutions, where safe to do so, to capture badger data efficiently.
Planning your surveys ahead of time
The one thing we can’t guarantee is the Local Planning Authority or regulatory body Natural England accepting survey data carried out at a sub-optimal time of year. It is therefore vital that surveys are timed appropriately in line with the badger survey season.
What you can expect from Arun Ecology is an honest approach from the offset to find the best solution for your project schedule – no false promises that could result in unexpected delays and costs to your project.
What next?
If your development proposals are reasonably likely to interfere with an active badger sett and these impact cannot be avoided, you will need apply to the regulatory body (Natural England in England) for a mitigation licence to interfere with a badger sett in order for the development proposals to proceed lawfully.
FAQs
Badgers have historically been persecuted against in the UK in addition to their setts being interfered with by development activities. The Protection of Badgers Act 1992 was introduced to outlaw intentionally cruel activities, protecting the badger whilst also introducing measures to protect their setts from interference. It is damage to badger setts and inhumane killing through crushing that is the biggest risk to badgers on development sites, and it is a criminal offence to do so.
Local Planning Authorities have a legal duty to assess the potential impacts of a proposed development on protected species (such as badgers) before giving consent for a planning application. You will need to demonstrate that appropriate care has been taken to avoid impacts to badgers and their territory. Badger surveys may be required to inform a mitigation strategy and badger licence for your site if impacts to badgers and their setts cannot be avoided.
In line with biodiversity and geological conservation: circular 06/2005 protected species surveys should be completed prior to submitting a planning application and should not be conditions of planning. Planning may be refused in such instances.
In the initial instance you should safeguard any known badger setts or burrows within your site with suitable buffers (20-30m). If your proposed development is likely to interfere with a badger sett and this impact cannot be avoided you will need to apply for a Badger Licence from Natural England to proceed lawfully. To inform the licence you will be required to monitor any setts likely to be impacted and may also need to establish the badgers’ territory as part of any compensation or mitigation to close or destroy a sett.
Licences to interfere with a badger sett by excluding badgers and to close and destroy a sett are typically only granted for works that will be completed between 1st July and 30th November, except in some exceptional circumstances.
Helping to address the ecological
and climate crisis
At Arun Ecology it’s not all just about driving business. We want to contribute to addressing the challenges of our time to ensure a prosperous future for the next generation.
So, as part of our service, each time you commission us we are committed to planting one tree within the UK, through our partnership with Creating Tomorrow’s Forests.
Watch this space to find out more about how we are contributing to nature recovery and tackling climate change.
Contact us
Contact us today or request a call back at a more convenient time to discuss your project.
Whether you wish to request a quote or ask us a question, our friendly and experienced team will always be happy to advise and will endeavour to respond as quickly as possible.