We thought an update of European Protected Licence delays for bats and great crested newts on our previous February stats article might be of assistance.
Natural England are still unfortunately experiencing delays in reviewing European Protected Species Licence applications. If you need to gaining a licence and how it might affect your project, please contact us as soon as possible.
The Natural England FCS test are also now processed and signed off at a regional level, which may have lead to some teething issues. It has helped by improving lines of communication once an advisor has been allocated. Generally discussion on allocation dates are “vague”, but once the licence is allocated and processed this is generally quick. As a corollary, then it is difficult for clients to plan with certainty when a licence will arrive, except at short notice.
Delays with bat licences have not worsened, but remain steady at around three to four weeks. Hopefully newly trained staff should be assisting now, but our forecast is for no improvement in the immediate to near future.
With respect to Great Crested Newts, we would forecast that there will be additional delays, which are shown by the lengthening queue, due to the normal “spring surge” of new applications.
The following are based on ‘New’ Application processing time during the four week period 2nd March 2015 to 3rd April 2015 :
Bat Update (as of 6th April 2015)
- 368 ‘New’ Applications outstanding [ Up from 355 on 10 February, 279 on 22 December ]
- “New application processing time: Average delay of 17 days (47 days versus 30 working day decision deadline) [ No change from 48 days on February and 47 days on 22 December ]
Similar processing times were reported for Modifications and Resubmissions.
Great Crested Newt Update (as of 6th April 2015 )
- 162 ‘New’ Applications outstanding [ Up from 52 in February, 19 on 22 December ]
- “New” application processing time: Average delay of 5 days (35 days versus 30 working day decision deadline) [ 32 days on February, 37 days on 22 December ]
There were similar processing times for Modifications and Resubmissions.
As part of the re-development of a small brownfield site within Norwich, NWS were commissioned by RGW Portugal Ltd to undertake bat surveys of two small buildings. One of these was found to support low numbers of brown long-eared bats Plecotus auritus and soprano pipistrelles Pipistrellus pygmaeus, which were using the building for roosting in summer. The buildings needed to be demolished in order to create space for two new residential homes, and so NWS prepared a European Protected Species Mitigation licence for bats which was granted by Natural England.
Brown long-eared bat captured during demolition work
NWS licensed ecologists supervised the demolition of the buildings in August, removing a roosting brown long-eared bat which was found along the central ridge beam and relocating this within a bat box which had been placed on a mature oak tree in adjacent woodland.
RGW Portugal Ltd were keen for an environmentally sensitive development and had included bike stores within the design to encourage the use of green transport. These features provided the perfect opportunity to create a bespoke bat loft for both species of bats to use. The loft was constructed above the bike stores, using a lined and tiled pitched roof to generate warm internal temperatures. Two carefully-placed bat access points were installed along the ridge and at both gable ends, allowing a number of entry points whilst reducing potential for light ingress and draughts. The ridge beam was formed using rough-sawn timber to create a suitable surface for bats to cling to, and bat batons were also installed along the inner walls to provide additional perching points.
The last features of the bat loft have just been installed this winter and NWS are hopeful to see use of this loft by bats when they return to roost in April.
Since 2000, NWS has worked on development sites that support great crested newts, and in 2014 successfully assisted Saffron Housing in obtaining a European Protected Species Mitigation (EPSM) licence for this species on a residential development in South Norfolk. Nationally great crested newts have suffered huge declines and so are protected by European and UK law. Norfolk is one of the species’ strongholds, with greatest numbers of breeding ponds found on heavy clay soils.
With great crested newts present in ponds around the area and using the grassland on site to move between these, the EPSM licence was required during construction to protect these amphibians and provide compensatory habitat.
NWS staff supervised the installation of “newt exclusion fencing” and carried out pitfall trapping to remove newts from harm’s way. Great crested newts only use ponds for breeding and spend the rest of the year on land. The team focussed the compensatory habitat on features suitable for use during this “terrestrial phase” and supervised the creation of what was dubbed “Newt Nirvana” by the developer: a wildflower grassland with hedgerows and scrub.
A key feature was the creation of three earth and stone mounds, which newts will use
This hibernacula has a rubble/log base to provide crevices for overwintering newts and is covered with turf to create stable temperatures through winter
during winter, called hibernacula. Great crested newts hibernate when winter temperatures drop below 5oC, normally from October or November. They typically hibernate underneath logs, within mammal burrow or tree roots, and even in building foundations. The hibernacula on site were designed to provide a number of sheltered crevices using logs and rubble, topped with turf to prevent exposure, whilst also ensuring newts were safe from flooding. Here the newts can remain protected until they emerge in late February or March to begin breeding in ponds.
We thought an update of statistics on our previous article might be of assistance.
Natural England are still unfortunately experiencing delays in reviewing European Protected Species Licence applications. It looks like the situation with bats has slightly worsened, although the issues with great crested newts now appear to have improved. They are training more staff, but our forecast is for no improvement in the immediate to near future.
Bat Update (as of 16th February 2015)
- 355 ‘New’ Applications outstanding [ Up from 279 on 22 December ]
- “New application processing time: Average delay of 18 days (48 days versus 30 working day decision deadline) [ Increase from 17 days on 22 December ]
Great Crested Newt Update (as of 16th February 2015)
- 52 ‘New’ Applications outstanding [ Up from 19 on 22 December ]
- “New” application processing time: Average delay of 2 days (32 days versus 30 working day decision deadline) [ Down from 7 days on 22 December ]
If you are concerned about gaining a licence, please contact us as soon as possible.
There are serious delays in Natural England issuing development (“European”) licences for bats and great crested newts and their normal 30-day turnaround is being missed by upto 3 weeks. Natural England has stated that this follows “the recent introduction of our new IT system”, but this issue appears to be continuous since at least March 2014, and appears to also be anecdotally linked to the number of trained staff available, and has not yet shown signs of improving.
The delays in the processing of Wildlife Licence applications, apply both to acknowledging receipt and the issuing of decisions (see update below for the four week period 24th November to 19th December 2014), and is worst for bats.
Natural England staff are apologetic for this delay, and we have spoken to advisors who have been distressed by the situation. Their office will be closed from 4pm 24th December 2014 until 2nd January 2015, which will mean another 5 days delay to any licences outstanding at Christmas. Area managers have been helpful in advising about delays.
We suggest that any clients requiring licencing in the next few months, engage us as soon as possible so that we can advise.
Great Crested Newts Update (as at 22nd December 2014 )
- 19 ‘New’ Applications outstanding.
- ‘New’ Application processing time : Average delay of 7 days [37 days versus 30 working day decision deadline ]
Bat Update (as at 22nd December 2014)
- 279 ‘New’ Applications outstanding.
- ‘New’ Application processing time : Average delay of 17 days [47 days versus 30 working day decision deadline ]
Robins have breathed a sigh of relief that new Natural England licencing proposals will not allow a fast track to their extermination should they cause a problem in supermarkets and garden centres over the Christmas period.
Earlier this year, Natural England consulted the public on a controversial proposal as to whether robin, pied wagtail and starling should be added to a “General Licence”, which anyone could use without registering, to enable “quick action” where the birds caused genuine health and safety problems. However : “The Board determined that question 2b) should not be pursued further”
Instead a seperate class licence [ CL03 ], which will require prior registration, will allow for their trapping and removal from food premises, and where they threaten air craft safety [ CL12 ].
Natural England will also be issuing a new Class Licence for barn owl surveys where development is involved.
Other General and Class Licences, including GL04 “To kill or take certain wild birds to prevent serious damage or disease” [ which deals with pigeons, rooks etc ], will have minor wording updates for consistency in phrasing and better readability, so may differ in look from last year. They are available from 1 January 2015 and more information is available : General Licences with changes . Grey squirrel remain illegal to release back into the wild if caught.
There are in general, no changes to the conditions attached to licences. However I note that rather bizarrely though that if you accidentally capture any Capercaillie, Common crane or White-tailed eagle whilst attempting to remove the robin from the frozen food section, these “must be released immediately upon discovery”. I should say so – walk away from any such tussle.