Friday, 27 June 2008
Note
Note From CRC - For information and updates relating to the Thetford Building garden Conservation Area Planning Applications, please click here
Friday, 20 June 2008
CRC - Letter of Objection
CRC - Committee letter of objection to the demolition of the terrapin building in the Thetford Building garden. (A designated Conservation Area).
Mr Neil Campbell
Norwich City Council
Planning Services
City Hall
Norwich
NR2 1NH
For the attention of Mr Campbell,
Dear Sir,
Planning Application Reference Number 08/00419/C Norwich City College, Ipswich Road, Norwich, NR2 2LJ. “ Removal of existing prefabricated terrapin educational centre.”
We wish to register the following objection to this application – The reasons for our objection are as follows:-
1. Planning Policy
The proposal conflicts with the following policy of Norwich City Council, namely Local Plan NE8.
2. Protected Species
We believe that from information contained within the Outline Planning Application reference number 08/00419/C to redevelop Norwich City College detailed below and from sightings of flying bats in summer evenings, reported by neighbouring residents, that the terrapin building and the Thetford Building garden have the potential of being a bat roost. (Please find attachment sheets to this objection entitled “Bats, Development and Planning in England” for information).
3. Legislation
The proposal is in contravention to bat legislation set up to protect all 17 species of bats in England, namely:-
· Wildlife and Countryside Act 1981 (as amended)
· Countryside and Rights of Way (CroW) Act 2000
· Natural Environment and Rural Communities Act 2006
· The Conservation (Natural Habitats, Etc.) Regulations 1994 (otherwise known as the Habitats Regulations)
In addition, “Planning Policy Statement 9 on Biodiversity and Geological Conservation (and its accompanying Circular and Good Practice Guidelines) needs to be taken into account when considering planning matters.”
4. Material Consideration
The Office of the Deputy Prime Minister (ODPM) Circular 06/2005/Defra Circular 01/2005 that accompanies PPS9 states:- “the presence of a protected species is a material consideration when considering a development proposal that could harm the species or its habitat.”
5. Points Arising
We again refer to the Outline Application for the redevelopment of the main College campus referred to above. In particular we draw attention to the Phase 1 Habitat Survey and Protected Species Risk Assessment which we will refer to throughout this objection as the (H.S.& P.S.)
In support of the potential that the terrapin building and the Thetford Building garden are a bat roost we set out below the relevant passages from the (H.S.& P.S.)
We quote:-
“Table 3 Protected Species Risk Assessment.”
(see part page 13 H.S.& P.S.)
We quote:-
“The mature trees interspersed across the site hold some potential for bat roosts. Several of the trees displayed obvious areas of decay, with suitable cavities fissures within and under the bark.”
“Several buildings on site were examined externally and were considered to offer the potential to support roosting bats in the form of gaps between fascias and soffits and/or crevices underneath roof tiles or between brick work (see table 4).”
“The planted woodland, and woodland edge habitat, and areas around some of the buildings are likely to be productive foraging habitats for several species of bat.“
“Table 4. Buildings that offer bat roosting potential.”
(see part page14 H.S.& P.S.)
The building Target note 3 is the terrapin, the subject of this Application, that neighbouring residents have reported that at certain times of year, bats (perhaps the Common pipistrelle (Pipistrellus pipistrellus)) can often be seen flying in the vicinity of the Thetford Building and its garden.
We quote:-
“5.2 Protected Species”
“The College and its grounds have the potential to support some species that are protected at the European and National level (see appendix 4), as follows”
· “There are several buildings and mature trees with the potential to support roosting bats.”
· “Areas of woodland provide valuable foraging and cover for bats, birds and invertebrates.”
(see part page 17 H.S.& P.S.)
We quote:-
“6.2 Phase 2 Surveys”
“Further Phase 2 surveys for protected species are recommended below. It is recommended that, where possible, these be completed prior to the submission of detailed planning applications, and certainly before site clearance and construction works commence on the site. If any of the following protected species are found on the site, specific mitigation measures may be required to comply with nature conservation legislation.”
“Bats”
“If any future development plans impact on buildings or trees that are considered to offer bat roosting potential, then an appropriate bat survey should be carried out. Daytime inspections to look for roosting bats and/or field signs of bats (droppings, urine staining, scratching etc.) in buildings and trees should be combined with bat emergence or re-entry surveys following best practice guidelines provided by the Bat Conservation Trust (BCT 2007).”
“Any loss or disturbance of a bat roost would require adequate mitigation and would need to be undertaken under a European Protected Species (EPS) License in order to derogate from The Conservation (Natural Habitats, & c.) Regulations 1994. Therefore, any bat surveys should be completed well in advance of development works to allow sufficient time to apply for a bat licence from Natural England.” (see page 19 clause 6.2 H.S.& P.S.)
We quote:-
“Bat roosting opportunities should be provided within the redevelopment to enhance the value of the College for bats.”
“Artificial roost sites can be provided for by erecting woodcrete bat boxes on trees (e.g. Schweigler 1FS or 2FS bat boxes). These should be South or Southwest facing and have clear flight entry path. If bat boxes are included within the design plans it is recommended that their use by bats is monitored for a minimum period of 2-5 years by a suitably qualified bat ecologist (e.g. a licensed bat consultant or licensed members of the Local Bat Group).”
“Artificial roosts for crevice roosting species such as Pipistrelles can be easily provided for by incorporating bat bricks (e.g. Schweigler 2FR tubes) within the new building designs. Ideally, artificial roosts should be South or Southwest facing and have clear flight entry path and positioned away from artificial lighting where possible. In particular bat bricks should be located within new buildings that are situated close to potential bat flight lines such as woodland, tree or hedge lines, since this should increase the likelihood of artificial roosts being used by bats. The building designs should also consider using weather boarding made from natural timber and/or hanging tiles, with bat access, since these will also provide additional suitable crevices for bats. Such timbers should be treated with substances that are non-toxic to bats such as those that compromise a copper, zinc or boron compound in emulsion or aqueous solution. A list of approved timber treatments can be obtained from Natural England.”
(see pages part 21 & 22 H.S.& P.S.)
T3 is the terrapin
(see part plan page 25 H.S.& P.S.) (see part page 27 H.S.& P.S.)
We quote:-
“Bats”
“All species of bat are fully protected under the Wildlife and Countryside Act 1981 (as amended) through their inclusion in schedule 5. All bats are included in Schedule 2 of The Conservation (Natural Habitats, & c.) Regulations 1994 (as amended). The Act and Regulations make it illegal to:”
· “intentionally or deliberately kill, injure or capture (take) bats;
· deliberately disturb bats (whether in a roost or not);
· damage, destroy or obstruct access to bat roosts;
· possess or transport a bat or any other part of a bat, unless acquired legally;
or
· sell barter or exchange bats or parts of bats.”
“If a bat roost is to be affected by development activities, an EPS licence from Natural England will need to be obtained to mitigate any detrimental effects.”
(see page 39 H.S.& P.S.)
6. Mitigating Measures
This application is for permission to demolish a building within a Conservation Area. A separate application has also been submitted reference number 08/00420/F for “the erection of a new eco-style construction” which we are led to believe will also involve the removal of some 12 important trees. These include a Rowan and a Birch, both species recommended by the Bat Conservation Trust as being particularly good foraging habitat for native bats.
English Nature’s advice should be sought and at the same time they should be made aware that any mitigating measures required to comply with Nature Conservation Legislation relating to this application, for the demolition of the terrapin building, will be compromised by the loss of trees in the Thetford building garden. These include a mature Weeping Beech, a Western Red Cedar, a large Sycamore, a Holm Oak, a Birch, a Rowan, a Bird Cherry, a shrub group and several Hollies, should the Planning Application reference number 08/00420/F for the eco building be approved. Further it is a matter of public record that modern eco buildings do not lend themselves to mitigating measures for bats as more traditional building methods do.
It is therefore our concern that if indeed there is a bat roost within the boundaries of the Thetford Building garden, that the two current Planning Applications could together, if approved, with the impacts of the proposed demolition, tree felling, new eco building works, operation of the development, traffic noise and pollution impacts and proposed night-time floodlighting, have a devastating effect on the colony. All of which will be in conflict with current legislation and therefore unlawful.
7. Conclusion
We would ask that due to the site having the potential of being a bat roost, that this Application is not only considered by the full Planning Committee, but that they are allowed the opportunity to make a site visit, in order to assess the implications of the loss of trees and therefore the amenity to wildlife and residents of Cecil Road.
Until such time that a full protective species survey has been carried out in accordance with current legislation, by trained bat specialists that hold a licence issued by English Nature, we believe this application should be refused as it could endanger and be harmful to a species of bats and their roosts, both of which are protected by law under UK and European Legislation.
Yours faithfully,
For and on behalf of College Redevelopment Concerns
Attachment sheet 1
BATS, DEVELOPMENT & PLANNING IN ENGLAND
Specialist Support Series
This note provides basic advice for developers, planning officers and others who come across bat issues in the context of the English planning system. It provides information about where bats live, how they may be affected by development, their legal protection and what should be done to avoid breaking the law. Survey methods and survey timing are also briefly covered. Every case is different, and this information must not be used as a substitute for specialist professional advice. These guidelines have been updated following the publication of Planning Policy Statement 9 (PPS9).
The information provided here is believed to be correct. However, no responsibility can be accepted by the Bat Conservation Trust or any of its partners or officers for any consequences of errors or omissions, nor responsibility for loss occasioned to any person acting or refraining from action as a result of this information and no claims for compensation or damage will be accepted.
Key points
There are 17 species of bats in England. They and their roosts are protected under UK and European legislation. English Nature (EN) should always be consulted by planning authorities if proposed development affects bats or roosts.
Local planning authorities are required to take account of the presence of bats as a material consideration when determining planning applications.
It is advisable for developers to investigate the presence of bats at an early stage in the development process, i.e. at the pre acquisition or site selection stage. Survey results need to be available to planning officers to enable determination of a planning application.
If bats are present, plans can sometimes be altered to accommodate bats within the proposal, and work programmed around the bats’ lifecycle to minimize disturbance.
If the development would affect bats or roosts, a Habitats Regulations Licence will need to be applied for from the Department for Environment, Food and Rural Affairs (DEFRA), and suitable mitigation put in place. Developers should engage the service of an experienced bat consultant with a track record of dealing with bat licensing issues.
Lifecycle of bats
Most bats are colonial and roost in groups or singly in trees, buildings, caves, mines and other structures. Many different sites are used at different times of the year. These can be within the same building/structure or several kilometers apart. They hibernate during winter months to conserve energy. Roost damage or disturbance to bats at this time can affect their survival because they cannot replenish the energy used in “waking up”. In late spring females gather together at a maternity roost to give birth. Damage/disturbance to roosting colonies at this time will also have significant adverse effects on the bat population for that area (especially if it causes the mothers to abandon the roost; the babies will die). By the end of the summer these maternity roots are generally vacated, with the mothers and juveniles finding alternative roosting places (until they hibernate in late autumn for the winter months). Bats tend to be faithful to their roosts, and return year after year to both summer and winter roosts; this is why roost sites are protected even if the bats are not there at the time. All roosts are important, and
Attachment sheet 2
disturbance of bats in their winter or maternity roosts is particularly devastating to the bat population for that area. Bats are found not only in old buildings, trees and rural areas, they regularly roost in new structures in urban areas, even flat-roofed extensions!
Bats and the law
In England bats and their roosts are protected by the law. In summary, it is illegal to kill, injure, or disturb bats, or to damage, disturb or obstruct access to bat roosts because of the following legislation:
Wildlife & Countryside Act 1981 provides protection for all bats and their roosts and requires consultation with English Nature (in England) before carrying out activities that might
harm or disturb bats and/or their roosts.
Countryside & Rights of Way (CRoW) Act 2000 adds the word “reckless” to the offence of disturbing a bat or damaging/destroying a place a bat uses for shelter (i.e. a bat roost). This is important legislation because it protects bats and roosts from reckless and/or intentional disturbance/damage.
The Conservation (Natural Habitats, &c.) Regulations 1994
(otherwise known as the Habitats Regulations). Under this legislation it is an offence to damage or destroy a breeding site or resting place of any bat, or to deliberately capture, kill
or disturb a bat. Most development and maintenance works affecting bats and/or roosts e.g. bridge/tree maintenance works, demolition, barn conversions, works to churches etc, therefore require a Habitats Regulations Licence for work to take place legally. So, in England, before works affecting bats or roots are undertaken, a Habitats Regulations Licence must be applied for and obtained from DEFRA. In addition, Planning Policy Statement 9 on Biodiversity and Geological Conservation (and its accompanying Circular and Good Practice Guidelines) needs to be taken into account when considering planning matters
Bats & the planning system
PPS9 gives direction to local planning authorities and others in
their decision-making with respect to biodiversity and land use and
development. ODPM Circular 06/2005/Defra Circular 01/2005 that
accompanies PPS9 states that the presence of a protected species is a material consideration when considering a development proposal that could harm the species or its habitat.
Where bats’ presence is possible, local authorities should consult with English Nature (EN) as a part of the planning process; an assessment to include a bat survey will be needed if bats are likely to be affected. It is the planning authority’s job to assess each application to ascertain the most appropriate approach. It may attach conditions to any permission to safeguard protected species and habitats. Conditions may dictate the timing of certain works, management of sites following development, and require a Habitats Regulations Licence to be obtained before work can start.
However, even if conditions are not attached to the planning permission, the law still applies. It is always an offence to intentionally or recklessly disturb a bat (this includes capture and killing), damage, destroy or obstruct access to a breeding site or resting place of any bat. Because of this, property developers must take every effort to safeguard bats and their roosts; remember that a Habitats Regulations licence may be needed if bats or roosts are to be affected. Care should be taken to safeguard bats’ foraging habitats too; if they form part of the essential land-take of development, mitigation measures should be put in place. REMEMBER, undertaking a survey early on in the development processes can save time and money later on.
Surveys prior to planning applications
Expert advice should always be obtained, and surveys undertaken by experienced bat specialists. Surveys that may disturb bats or roosts (e.g. by entering roosts or by handling bats to confirm species identification) will need to be carried out by trained bat specialists who hold a licence to disturb bats; in England this is issued by EN. Surveys to ascertain presence of bats in summer roosts or to identify bat activity patterns should be undertaken between May and September. The seasonal nature of bats (see lifecycle above), and differences between species requirements, should be taken into account when programming survey work and planning applications. Advice on when any development work should commence also requires an understanding of the lifecycle and particular species. It is advisable to obtain at an early stage information on roosts/bat activity close to the proposed development; contact
Attachment sheet 3
the local bat group or biological record centre as they may have details about the site. All areas directly affected by the land-take of a scheme and its immediate surroundings should be surveyed to identify habitats of likely value for bats. Surveys should be undertaken to investigate any known roosts if there is a possibility of impact; all potentially suitable roost sites such as trees and buildings should be recorded and investigated. Roost sites (and potential roost sites) within the land-take must be monitored by experienced surveyors to confirm their status by determining the season of use, species and number of bats involved. Bat activity or landscape surveys should be undertaken in areas affected by the development to ascertain, for instance, feeding areas that may be isolated by a scheme. These surveys may also be required where development is proposed within foraging ranges of bats at nationally/internationally important sites (SSSIs/SACs), even if roosts are not to be directly affected.
What if bats are going to be affected by the development proposal?
This depends upon whether or not the proposal is for alterations to a dwelling house. If it is a dwelling house, then the planning authority will notify EN about the proposal and any mitigation measures; EN will advise as to whether the proposal should be carried out, and may require further mitigation and specify timing of the works. If the proposal would affect structures other than a dwelling house, then a bat specialist, on behalf of the developer, should apply for a Habitats Regulations licence to DEFRA. The application will include mitigation measures and monitoring that will continue after the development is completed. The licence normally takes around 30 working days to be considered by DEFRA, and work must not start unless/until the Habitats Regulations licence is granted.
What if bats are found only after development has started?
Work must cease and EN must be contacted immediately. EN’s advice must be followed.
How do I commission a bat survey?
The Institute of Ecology and Environmental Management (IEEM)
produces a list of consultants. As not all are experienced in bat matters, you need to ask about his/her past experience. Local bat groups may have knowledge of bat specialists who undertake consultancy in their area, as may the Bat Conservation Trust (BCT). BCT has a list of bat group contacts throughout the country.
REMEMBER that English Nature will need to be consulted if bats or their roosts are likely to be affected by any proposal and a licence may need to be obtained from DEFRA.
Contacts
DEFRA, National Wildlife Management Team, EPS Licensing, RDS, Burghill Road, Bristol, BS10 6NJ
Tel 0845 601 4523
English Nature, Northminister House, Peterborough, PE1 1UA
Tel 01733 455000
IEEM, 45 Southgate Street, Winchester SO23 9EH Tel 01962 868626
The Bat Conservation Trust
15 Cloisters House, 8 Battersea Park Road, London SW8 4BG
Bat Helpline 0845 1300 228
www.bats.org.uk
email enquiries@bats.org.uk
The Bat Conservation Trust (BCT) is the only national organisation solely devoted to the conservation of bats and their habitats in the UK. Registered charity number 1012361
Mr Neil CampbellNorwich City Council
Planning Services
City Hall
Norwich
NR2 1NH
For the attention of Mr Campbell,
Dear Sir,
Planning Application Reference Number 08/00419/C Norwich City College, Ipswich Road, Norwich, NR2 2LJ. “ Removal of existing prefabricated terrapin educational centre.”
We wish to register the following objection to this application – The reasons for our objection are as follows:-
1. Planning Policy
The proposal conflicts with the following policy of Norwich City Council, namely Local Plan NE8.
2. Protected Species
We believe that from information contained within the Outline Planning Application reference number 08/00419/C to redevelop Norwich City College detailed below and from sightings of flying bats in summer evenings, reported by neighbouring residents, that the terrapin building and the Thetford Building garden have the potential of being a bat roost. (Please find attachment sheets to this objection entitled “Bats, Development and Planning in England” for information).
3. Legislation
The proposal is in contravention to bat legislation set up to protect all 17 species of bats in England, namely:-
· Wildlife and Countryside Act 1981 (as amended)
· Countryside and Rights of Way (CroW) Act 2000
· Natural Environment and Rural Communities Act 2006
· The Conservation (Natural Habitats, Etc.) Regulations 1994 (otherwise known as the Habitats Regulations)
In addition, “Planning Policy Statement 9 on Biodiversity and Geological Conservation (and its accompanying Circular and Good Practice Guidelines) needs to be taken into account when considering planning matters.”
4. Material Consideration
The Office of the Deputy Prime Minister (ODPM) Circular 06/2005/Defra Circular 01/2005 that accompanies PPS9 states:- “the presence of a protected species is a material consideration when considering a development proposal that could harm the species or its habitat.”
5. Points Arising
We again refer to the Outline Application for the redevelopment of the main College campus referred to above. In particular we draw attention to the Phase 1 Habitat Survey and Protected Species Risk Assessment which we will refer to throughout this objection as the (H.S.& P.S.)
In support of the potential that the terrapin building and the Thetford Building garden are a bat roost we set out below the relevant passages from the (H.S.& P.S.)
We quote:-
“Table 3 Protected Species Risk Assessment.”
(see part page 13 H.S.& P.S.)
We quote:-
“The mature trees interspersed across the site hold some potential for bat roosts. Several of the trees displayed obvious areas of decay, with suitable cavities fissures within and under the bark.”
“Several buildings on site were examined externally and were considered to offer the potential to support roosting bats in the form of gaps between fascias and soffits and/or crevices underneath roof tiles or between brick work (see table 4).”
“The planted woodland, and woodland edge habitat, and areas around some of the buildings are likely to be productive foraging habitats for several species of bat.“
“Table 4. Buildings that offer bat roosting potential.”
(see part page14 H.S.& P.S.)
The building Target note 3 is the terrapin, the subject of this Application, that neighbouring residents have reported that at certain times of year, bats (perhaps the Common pipistrelle (Pipistrellus pipistrellus)) can often be seen flying in the vicinity of the Thetford Building and its garden.
We quote:-
“5.2 Protected Species”
“The College and its grounds have the potential to support some species that are protected at the European and National level (see appendix 4), as follows”
· “There are several buildings and mature trees with the potential to support roosting bats.”
· “Areas of woodland provide valuable foraging and cover for bats, birds and invertebrates.”
(see part page 17 H.S.& P.S.)
We quote:-
“6.2 Phase 2 Surveys”
“Further Phase 2 surveys for protected species are recommended below. It is recommended that, where possible, these be completed prior to the submission of detailed planning applications, and certainly before site clearance and construction works commence on the site. If any of the following protected species are found on the site, specific mitigation measures may be required to comply with nature conservation legislation.”
“Bats”
“If any future development plans impact on buildings or trees that are considered to offer bat roosting potential, then an appropriate bat survey should be carried out. Daytime inspections to look for roosting bats and/or field signs of bats (droppings, urine staining, scratching etc.) in buildings and trees should be combined with bat emergence or re-entry surveys following best practice guidelines provided by the Bat Conservation Trust (BCT 2007).”
“Any loss or disturbance of a bat roost would require adequate mitigation and would need to be undertaken under a European Protected Species (EPS) License in order to derogate from The Conservation (Natural Habitats, & c.) Regulations 1994. Therefore, any bat surveys should be completed well in advance of development works to allow sufficient time to apply for a bat licence from Natural England.” (see page 19 clause 6.2 H.S.& P.S.)
We quote:-
“Bat roosting opportunities should be provided within the redevelopment to enhance the value of the College for bats.”
“Artificial roost sites can be provided for by erecting woodcrete bat boxes on trees (e.g. Schweigler 1FS or 2FS bat boxes). These should be South or Southwest facing and have clear flight entry path. If bat boxes are included within the design plans it is recommended that their use by bats is monitored for a minimum period of 2-5 years by a suitably qualified bat ecologist (e.g. a licensed bat consultant or licensed members of the Local Bat Group).”
“Artificial roosts for crevice roosting species such as Pipistrelles can be easily provided for by incorporating bat bricks (e.g. Schweigler 2FR tubes) within the new building designs. Ideally, artificial roosts should be South or Southwest facing and have clear flight entry path and positioned away from artificial lighting where possible. In particular bat bricks should be located within new buildings that are situated close to potential bat flight lines such as woodland, tree or hedge lines, since this should increase the likelihood of artificial roosts being used by bats. The building designs should also consider using weather boarding made from natural timber and/or hanging tiles, with bat access, since these will also provide additional suitable crevices for bats. Such timbers should be treated with substances that are non-toxic to bats such as those that compromise a copper, zinc or boron compound in emulsion or aqueous solution. A list of approved timber treatments can be obtained from Natural England.”
(see pages part 21 & 22 H.S.& P.S.)
T3 is the terrapin
(see part plan page 25 H.S.& P.S.) (see part page 27 H.S.& P.S.)
We quote:-
“Bats”
“All species of bat are fully protected under the Wildlife and Countryside Act 1981 (as amended) through their inclusion in schedule 5. All bats are included in Schedule 2 of The Conservation (Natural Habitats, & c.) Regulations 1994 (as amended). The Act and Regulations make it illegal to:”
· “intentionally or deliberately kill, injure or capture (take) bats;
· deliberately disturb bats (whether in a roost or not);
· damage, destroy or obstruct access to bat roosts;
· possess or transport a bat or any other part of a bat, unless acquired legally;
or
· sell barter or exchange bats or parts of bats.”
“If a bat roost is to be affected by development activities, an EPS licence from Natural England will need to be obtained to mitigate any detrimental effects.”
(see page 39 H.S.& P.S.)
6. Mitigating Measures
This application is for permission to demolish a building within a Conservation Area. A separate application has also been submitted reference number 08/00420/F for “the erection of a new eco-style construction” which we are led to believe will also involve the removal of some 12 important trees. These include a Rowan and a Birch, both species recommended by the Bat Conservation Trust as being particularly good foraging habitat for native bats.
English Nature’s advice should be sought and at the same time they should be made aware that any mitigating measures required to comply with Nature Conservation Legislation relating to this application, for the demolition of the terrapin building, will be compromised by the loss of trees in the Thetford building garden. These include a mature Weeping Beech, a Western Red Cedar, a large Sycamore, a Holm Oak, a Birch, a Rowan, a Bird Cherry, a shrub group and several Hollies, should the Planning Application reference number 08/00420/F for the eco building be approved. Further it is a matter of public record that modern eco buildings do not lend themselves to mitigating measures for bats as more traditional building methods do.
It is therefore our concern that if indeed there is a bat roost within the boundaries of the Thetford Building garden, that the two current Planning Applications could together, if approved, with the impacts of the proposed demolition, tree felling, new eco building works, operation of the development, traffic noise and pollution impacts and proposed night-time floodlighting, have a devastating effect on the colony. All of which will be in conflict with current legislation and therefore unlawful.
7. Conclusion
We would ask that due to the site having the potential of being a bat roost, that this Application is not only considered by the full Planning Committee, but that they are allowed the opportunity to make a site visit, in order to assess the implications of the loss of trees and therefore the amenity to wildlife and residents of Cecil Road.
Until such time that a full protective species survey has been carried out in accordance with current legislation, by trained bat specialists that hold a licence issued by English Nature, we believe this application should be refused as it could endanger and be harmful to a species of bats and their roosts, both of which are protected by law under UK and European Legislation.
Yours faithfully,
For and on behalf of College Redevelopment Concerns
Attachment sheet 1
BATS, DEVELOPMENT & PLANNING IN ENGLAND
Specialist Support Series
This note provides basic advice for developers, planning officers and others who come across bat issues in the context of the English planning system. It provides information about where bats live, how they may be affected by development, their legal protection and what should be done to avoid breaking the law. Survey methods and survey timing are also briefly covered. Every case is different, and this information must not be used as a substitute for specialist professional advice. These guidelines have been updated following the publication of Planning Policy Statement 9 (PPS9).
The information provided here is believed to be correct. However, no responsibility can be accepted by the Bat Conservation Trust or any of its partners or officers for any consequences of errors or omissions, nor responsibility for loss occasioned to any person acting or refraining from action as a result of this information and no claims for compensation or damage will be accepted.
Key points
There are 17 species of bats in England. They and their roosts are protected under UK and European legislation. English Nature (EN) should always be consulted by planning authorities if proposed development affects bats or roosts.
Local planning authorities are required to take account of the presence of bats as a material consideration when determining planning applications.
It is advisable for developers to investigate the presence of bats at an early stage in the development process, i.e. at the pre acquisition or site selection stage. Survey results need to be available to planning officers to enable determination of a planning application.
If bats are present, plans can sometimes be altered to accommodate bats within the proposal, and work programmed around the bats’ lifecycle to minimize disturbance.
If the development would affect bats or roosts, a Habitats Regulations Licence will need to be applied for from the Department for Environment, Food and Rural Affairs (DEFRA), and suitable mitigation put in place. Developers should engage the service of an experienced bat consultant with a track record of dealing with bat licensing issues.
Lifecycle of bats
Most bats are colonial and roost in groups or singly in trees, buildings, caves, mines and other structures. Many different sites are used at different times of the year. These can be within the same building/structure or several kilometers apart. They hibernate during winter months to conserve energy. Roost damage or disturbance to bats at this time can affect their survival because they cannot replenish the energy used in “waking up”. In late spring females gather together at a maternity roost to give birth. Damage/disturbance to roosting colonies at this time will also have significant adverse effects on the bat population for that area (especially if it causes the mothers to abandon the roost; the babies will die). By the end of the summer these maternity roots are generally vacated, with the mothers and juveniles finding alternative roosting places (until they hibernate in late autumn for the winter months). Bats tend to be faithful to their roosts, and return year after year to both summer and winter roosts; this is why roost sites are protected even if the bats are not there at the time. All roosts are important, and
Attachment sheet 2
disturbance of bats in their winter or maternity roosts is particularly devastating to the bat population for that area. Bats are found not only in old buildings, trees and rural areas, they regularly roost in new structures in urban areas, even flat-roofed extensions!
Bats and the law
In England bats and their roosts are protected by the law. In summary, it is illegal to kill, injure, or disturb bats, or to damage, disturb or obstruct access to bat roosts because of the following legislation:
Wildlife & Countryside Act 1981 provides protection for all bats and their roosts and requires consultation with English Nature (in England) before carrying out activities that might
harm or disturb bats and/or their roosts.
Countryside & Rights of Way (CRoW) Act 2000 adds the word “reckless” to the offence of disturbing a bat or damaging/destroying a place a bat uses for shelter (i.e. a bat roost). This is important legislation because it protects bats and roosts from reckless and/or intentional disturbance/damage.
The Conservation (Natural Habitats, &c.) Regulations 1994
(otherwise known as the Habitats Regulations). Under this legislation it is an offence to damage or destroy a breeding site or resting place of any bat, or to deliberately capture, kill
or disturb a bat. Most development and maintenance works affecting bats and/or roosts e.g. bridge/tree maintenance works, demolition, barn conversions, works to churches etc, therefore require a Habitats Regulations Licence for work to take place legally. So, in England, before works affecting bats or roots are undertaken, a Habitats Regulations Licence must be applied for and obtained from DEFRA. In addition, Planning Policy Statement 9 on Biodiversity and Geological Conservation (and its accompanying Circular and Good Practice Guidelines) needs to be taken into account when considering planning matters
Bats & the planning system
PPS9 gives direction to local planning authorities and others in
their decision-making with respect to biodiversity and land use and
development. ODPM Circular 06/2005/Defra Circular 01/2005 that
accompanies PPS9 states that the presence of a protected species is a material consideration when considering a development proposal that could harm the species or its habitat.
Where bats’ presence is possible, local authorities should consult with English Nature (EN) as a part of the planning process; an assessment to include a bat survey will be needed if bats are likely to be affected. It is the planning authority’s job to assess each application to ascertain the most appropriate approach. It may attach conditions to any permission to safeguard protected species and habitats. Conditions may dictate the timing of certain works, management of sites following development, and require a Habitats Regulations Licence to be obtained before work can start.
However, even if conditions are not attached to the planning permission, the law still applies. It is always an offence to intentionally or recklessly disturb a bat (this includes capture and killing), damage, destroy or obstruct access to a breeding site or resting place of any bat. Because of this, property developers must take every effort to safeguard bats and their roosts; remember that a Habitats Regulations licence may be needed if bats or roosts are to be affected. Care should be taken to safeguard bats’ foraging habitats too; if they form part of the essential land-take of development, mitigation measures should be put in place. REMEMBER, undertaking a survey early on in the development processes can save time and money later on.
Surveys prior to planning applications
Expert advice should always be obtained, and surveys undertaken by experienced bat specialists. Surveys that may disturb bats or roosts (e.g. by entering roosts or by handling bats to confirm species identification) will need to be carried out by trained bat specialists who hold a licence to disturb bats; in England this is issued by EN. Surveys to ascertain presence of bats in summer roosts or to identify bat activity patterns should be undertaken between May and September. The seasonal nature of bats (see lifecycle above), and differences between species requirements, should be taken into account when programming survey work and planning applications. Advice on when any development work should commence also requires an understanding of the lifecycle and particular species. It is advisable to obtain at an early stage information on roosts/bat activity close to the proposed development; contact
Attachment sheet 3
the local bat group or biological record centre as they may have details about the site. All areas directly affected by the land-take of a scheme and its immediate surroundings should be surveyed to identify habitats of likely value for bats. Surveys should be undertaken to investigate any known roosts if there is a possibility of impact; all potentially suitable roost sites such as trees and buildings should be recorded and investigated. Roost sites (and potential roost sites) within the land-take must be monitored by experienced surveyors to confirm their status by determining the season of use, species and number of bats involved. Bat activity or landscape surveys should be undertaken in areas affected by the development to ascertain, for instance, feeding areas that may be isolated by a scheme. These surveys may also be required where development is proposed within foraging ranges of bats at nationally/internationally important sites (SSSIs/SACs), even if roosts are not to be directly affected.
What if bats are going to be affected by the development proposal?
This depends upon whether or not the proposal is for alterations to a dwelling house. If it is a dwelling house, then the planning authority will notify EN about the proposal and any mitigation measures; EN will advise as to whether the proposal should be carried out, and may require further mitigation and specify timing of the works. If the proposal would affect structures other than a dwelling house, then a bat specialist, on behalf of the developer, should apply for a Habitats Regulations licence to DEFRA. The application will include mitigation measures and monitoring that will continue after the development is completed. The licence normally takes around 30 working days to be considered by DEFRA, and work must not start unless/until the Habitats Regulations licence is granted.
What if bats are found only after development has started?
Work must cease and EN must be contacted immediately. EN’s advice must be followed.
How do I commission a bat survey?
The Institute of Ecology and Environmental Management (IEEM)
produces a list of consultants. As not all are experienced in bat matters, you need to ask about his/her past experience. Local bat groups may have knowledge of bat specialists who undertake consultancy in their area, as may the Bat Conservation Trust (BCT). BCT has a list of bat group contacts throughout the country.
REMEMBER that English Nature will need to be consulted if bats or their roosts are likely to be affected by any proposal and a licence may need to be obtained from DEFRA.
Contacts
DEFRA, National Wildlife Management Team, EPS Licensing, RDS, Burghill Road, Bristol, BS10 6NJ
Tel 0845 601 4523
English Nature, Northminister House, Peterborough, PE1 1UA
Tel 01733 455000
IEEM, 45 Southgate Street, Winchester SO23 9EH Tel 01962 868626
The Bat Conservation Trust
15 Cloisters House, 8 Battersea Park Road, London SW8 4BG
Bat Helpline 0845 1300 228
www.bats.org.uk
email enquiries@bats.org.uk
The Bat Conservation Trust (BCT) is the only national organisation solely devoted to the conservation of bats and their habitats in the UK. Registered charity number 1012361
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