Protected species
The term ‘protected species’ refers to species that are protected by legislation. The Wildlife and Countryside Act and the Natural Environment and Rural Communities Act making it an offence to intentionally, or recklessly kill, injure, or take a protected species, or damage, destroy or obstruct access to structures or places used by protected species for shelter, breeding or protection.
Construction inevitably involves disturbing existing sites and buildings, and this can impact on the ecology. This is true of urban and rural sites, new-build construction, refurbishment projects and demolition, and relates not only to the specific structures being constructed or changed, but also to the land surrounding them. Where this affects protected species or habitats, there can be significant consequences, including delay, expense, suspension of the works, disputes and even prosecutions.
It is important to ensure that protected species are identified as early as possible in the development of a project, when it is still relatively straight forward to accommodate any necessary changes or constraints. The presence of protected species will need to be determined in advance of a planning application for works that may disturb them and this is a material consideration for planning authorities determining applications.
In the first instance, assessments may take the form of a scoping survey (or extended Phase 1 survey) which might include a desk-based study and a site survey. The resulting report should indicate the habitats and species present and their locations, their potential impact, the legal position, and the need for further surveys.
Desk-based studies might be based on information held by the Local Environmental Records Centre (LERC or LRC). For contact details of the relevant LERC see www.alerc.org.uk. The National Biodiversity Network (NBN) Gateway may be a useful source of information, but there are restrictions on use of the data for commercial purposes.
Aspects of the site that might suggest the presence of protected species might include the presence of: traditional timber framed buildings; buildings that are not used frequently; old buildings or farm buildings; large gardens; lakes or water courses; heathland; meadow; parkland; pasture; brownfield land; woodland; scrub; hedgerows; coastal habitats; complex, large or old trees or caves.
If a Phase 2 survey is considered necessary, this should provide sufficient information for detailed assessment of the potential impacts of the development and propose measures to avoid, reduce, mitigate (eg translocation) or compensate (eg biodiversity offsetting) for those impacts.
Natural England have produced a flow chart and decision tree offering guidance on when protected species surveys are likely to be required.
Surveys should be undertaken by suitably experienced specialists. It may be possible to undertake scoping surveys at any time, but detailed surveys may have to be undertaken at certain times. Ref Natural England Optimum Times to Survey Table. If these windows of opportunity are missed, there can be very serious delays to the development.
Surveys may not necessarily be comprehensive and only provide a snapshot of the time when the survey was carried out. The position can change quickly, in particular in relation to the presence of birds.
Protected animal species include.
- Adders
- Badgers.
- Bats.
- Breeding birds.
- Rare birds.
- Common dormice.
- Grass snakes
- Great crested newts.
- Natterjack toads.
- Otters.
- Pine marten.
- Red squirrel.
- Sand lizards.
- Slowworms.
- Smooth snakes.
- Water voles.
- White clawed crayfish.
Protected plants include:
- Creeping Marshwort.
- Early Gentian.
- Fen Orchid.
- Floating-leaved water Plantain.
- Lilarney Fern.
- Lady’s Slipper.
- Slender Naiad.
- Shore Dock.
- Yellow Marsh Saxifrage.
See Joint Nature Conservation Committee for full details.
Failure to protect species can result in fines or imprisonment.
NB: BS 42020:2013, Biodiversity. Code of practice for planning and development, offers a coherent methodology for biodiversity management.
[edit] Related articles on Designing Buildings
- Bats.
- Biodiversity offsetting.
- Ecological Impact Assessment EcIA.
- Ecological network.
- Ecological survey.
- Ecologist.
- Eco-Management and Audit Scheme.
- Endangered species.
- Great crested newt.
- Japanese knotweed.
- Lights Out: Protecting migratory birds from illuminated skyscrapers.
- Preliminary ecological appraisal.
- Priority habitats and species.
- Protected species licence.
- Translocation.
- Tree preservation order.
- Wildlife and Countryside Act.
[edit] External references
- Construction Manager, CPD: Endangered species on site, 2 September 2013.
- Natural England, Planning FAQ’s.
- CIRIA, DTI, Biodiversity indicators for construction projects. 2003.
- BS 42020:2013, Biodiversity. Code of practice for planning and development.
Featured articles and news
Deputy editor of AT, Tim Fraser, discusses the newly formed society with its current chair, Chris Halligan MCIAT.
Barratt Lo-E passivhaus standard homes planned enmasse
With an initial 728 Lo-E homes across two sites and many more planned for the future.
Government urged to uphold Warm Homes commitment
ECA and industry bodies write to Government concerning its 13.2 billion Warm Homes manifesto commitment.
Places of Worship in Britain and Ireland, 1929-1990. Book review.
The emancipation of women in art.
CIOB Construction Manager of the Year 2025
Just one of the winners at the CIOB Awards 2025.
Call for independent National Grenfell oversight mechanism
MHCLG share findings of Building Safety Inquiry in letter to Secretary of State and Minister for Building Safety.
The Architectural Technology Awards
AT Awards now open for this the sixth decade of CIAT.
50th Golden anniversary ECA Edmundson awards
Deadline for submissions Friday 30 May 2025.
The benefits of precast, off-site foundation systems
Top ten benefits of this notable innovation.
Encouraging individuals to take action saving water at home, work, and in their communities.
Takes a community to support mental health and wellbeing
The why of becoming a Mental Health Instructor explained.
Mental health awareness week 13-18 May
The theme is communities, they can provide a sense of belonging, safety, support in hard times, and a sense purpose.
Mental health support on the rise but workers still struggling
CIOB Understanding Mental Health in the Built Environment 2025 shows.
Design and construction material libraries
Material, sample, product or detail libraries a key component of any architectural design practice.
Construction Products Reform Green Paper and Consultation
Still time to respond as consultation closes on 21 May 2025.
Resilient façade systems for smog reduction in Shanghai
A technical approach using computer simulation and analysis of solar radiation, wind patterns, and ventilation.