Following a study by English Nature (see September’s Nature’s Place magazine), there are moves afoot to improve the information about legally protected species with regard to Local Planning Authorities’ policies towards development control. It seems likely that all significant planning applications will soon be required to include a biodiversity audit or ecological appraisal: many already are, as several of our clients know well. Particular attention will be paid to whether legally protected species are present on a site, what impact the development may have upon them and whether mitigation is proposed or even possible. Many relatively common and widespread species fall into the category of being legally protected - most birds, reptiles and amphibians have some legal protection, extensive in many cases, and all bat species, great crested newt, dormouse, and otter are strictly protected. Water vole are soon to be added to the list, and badgers have their own Act to protect them and their setts. In all there are over 600 legally protected species in Britain - full details can be found in our Checklist of British Protected Species.

Defra announced in August that European protected species licensing will be extended to include an improved level of monitoring and site inspections, with a requirement for more information on licence application forms.

There is much current discussion about planning, licensing and legislation, and we will continue to offer a comprehensive service to assist clients in this specialised and complex area. Changes in England are likely to be reflected in the rest of the UK.