Several laws protect endangered animals in the UK which developers need to be aware of when planning any new projects or builds. New development - be it substantial alterations to an existing building, constructing a new one, or adding outbuildings onto your land - will require careful consideration regarding potential environmental impact. Even if there are no obvious detrimental impacts to protected species, UK protected species legislation may still block approval and planning permission.
Ecological surveys are often needed as they can provide reliable information on species that may be impacted by planned works. Specific species and habitats hold different levels of protection and requirements. An ecologist will be able to deliver simple scoping surveys on these species and habitats as well as detailed impact assessments.
Ecologists provide insight into future sites’ environmental effects while considering UK protected species legislation. Licensed ecologists will also work to create suitable mitigation measures to ensure development will continue. Working closely with an ecologist and local authorities can help ensure your new development has a positive impact on wildlife rather than a detrimental one.
Discover our range of protected species surveys here.
This guide will share information on the key protected species acts, how they impact building design, planning, and construction, and how to best satisfy all provisions and requirements for your proposed development.
Environmental Legislation for UK Construction Companies
The following regulations and legislations are key components of building planning, but it is not a comprehensive list. Please take care to speak with an ecology consultancy who will be able to properly survey the onsite habitats for protected species, advise you on any legal obligations, and obtain any needed protected species survey licences.
Read our guide on ecology surveys and planning permission here for a more in-depth look into how ecology impacts planning permission its process.
Primary Legislation for Developers
Environment Act 2021
The Environment Bill was introduced in January 2020 as a post-Brexit measure for environmental protection when former EU law was no longer in effect. This far-reaching legislation was the first to establish the concept of biodiversity offsetting into law.
The bill finally became the Environment Act in November 2021 and was called “the most ambitious environment program of any country on earth”, aiming to halt the decline in species by 2030.
This legislation plans to enhance the environment by improving air and water quality, restoring natural habitats, reducing waste, increasing biodiversity, and ending the decline of species.
One of the more notable requirements in this act is that, from late 2022 to 2023, all new developments must provide a 10% net gain in biodiversity and a mitigation plan to offset habitat loss. This means that all planning permission in England will now have a new pre-commencement condition requiring the approval of a biodiversity gain plan.
See our guide to biodiversity banking for further discussion on biodiversity net gain.
A biodiversity gain plan must ensure that any new development will expand habitat biodiversity value by 10%. While there is a preference for onsite habitat improvement, it is also possible that work to enhance biodiversity could be done offsite by purchasing “biodiversity credits”.
The plan will need to detail any future steps that will be taken to achieve the “biodiversity gain objective”. Some examples of this could be:
Minimising any adverse effect development may have on the habitat
Identifying the onsite biodiversity value before and after development
Showing the details of allocated and registered offsite biodiversity value for the development
Detailing any biodiversity credits that have been purchased
These changes are enforced by a new and independent Office for Environmental Protection (OEP), and all provisions within this act should be considered carefully before any development is begun.
Explore our protected species surveys
Natural Environment and Rural Communities Act
The Natural Environment and Rural Communities Act, also known as the NERC Act, came into full force in 2006. It is responsible for the list of Natural England protected species and habitats, with 943 species and 56 habitats deemed to be of principal importance to the conservation of biodiversity in England.
This act transfers the duty of biodiversity conservation to local public authorities. They are now charged with using policy and decision making to ensure biodiversity is kept consistent, enhanced, restored, or protected.
If mitigation work is required for a certain protected species on a development site, ecologists will be able to apply for Natural England licences for their clients. Our comprehensive guide on protected species and habitats outlines what UK developers should know about NERC Act protections and how an ecologist will be able to help navigate the process of maintaining a favourable conservation status.
Protection of Badgers Act
Badgers, as well as the burrows they live in, received some safeguarding within laws set in 1973. However, the protection was limited and weak. Badger burrows, also known as setts, were subject to bulldozing and blocking which easily injured and killed the animals inside. Now, both badgers and setts are protected in England and Wales under the Protection of Badgers Act 1992.
This law is aimed at badger-baiting, a blood sport that has badgers baited by dogs, but it is fully applicable to farmers, pest-control companies, homeowners, and developers.
This act makes it an offence to:
Wilfully kill, injure, or take a badger, or attempt to do so
Treat a badger with cruelty such as digging for badgers, using badger tongs, or using a firearm on one
Intentionally or recklessly damage or destroy a badger sett
Intentionally or recklessly obstruct access to a badger sett
Cause a dog to enter a badger sett
Sell or offer to sell a live badger
Disturb a badger when it is occupying a sett
If a badger sett is discovered on a proposed site for new construction, a licence may be granted by Natural England or Natural Resources Wales to carefully move the badgers elsewhere on their territory.
If badgers are discovered onsite of a proposed development, do not hesitate to carry out a badger survey. This Natural England protected species and their habitats are heavily defended by legislation. A survey done by an ecologist may be required to fully uncover the extent of the animals' territories.
The Hedgerow Regulations 1997
These Regulations make provision for the protection of important hedgerows in England and Wales. Most hedgerows re protected in some form unless they are exempt from the regulation such as hedgerows within the curtilage of a dwelling.
Wildlife and Countryside Act 1981
The Wildlife and Countryside Act came into force in 1981 and is the primary mechanism for wildlife conservation in Britain. The main focus of this legislation is wildlife protection. This means that listed animals, plants, wild birds and their eggs and nests are protected from killing, injury, being taken, or having their places of shelter interfered with.
It’s vital to know if these protected animals are on your proposed building site. An ecologist will be able to identify any potential issues or species as well as provide solutions and ways to move forward with any planned projects. Common ecological surveys of Natural England protected species include:
You can find a range of Ecology by Design’s expert services on protected species surveys here.
Conservation of Habitats and Species Regulations
The Conservation of Habitats and Species Regulation, also known as the “Habitats Regulations”, has the primary objective of protecting biodiversity through natural habitat conservation. Some species of wild fauna and flora are also protected under these regulations. Through these regulations, it is an offence to deliberately capture, kill, trade, or disturb wild animals.
These laws and legislations must be considered carefully before starting any new build. If you are unsure or have any questions, please feel free to request a free quote or call us at 01865 893346 to speak with one of our experienced team members today.