Bats: how to apply for a mitigation licence
When you carry out work that may affect bats or their roosts, you may need a mitigation licence.
This is also sometimes called a “derogation” licence.
Clients often want to know what this practically involves. This article, based on present guidance, is here to assist you in knowing :
- When you need a licence
- How to make the application
- What will it cost
- How to transfer or change a licence
- How to report your actions.
We would be happy to offer specific advice on your project on whether you need a bat licences and what an application involves.
When you need a licence
Legal protection for bats
A mitigation licence allows you to carry out work that will have an impact on bats that would otherwise be illegal.
You will generally have been advised by your ecologist or planning authority that you need a licence.
If you are unsure, then seek professional advice.
Actions that would be illegal and for which you could be prosecuted otherwise are:
- capturing, killing, disturbing or injuring bats
- damaging or destroying their breeding or resting places
- obstructing access to their resting or sheltering places
You can find out how more about the legal protection for bats : https://www.gov.uk/guidance/bats-protection-surveys-and-licences.
We practively advise our clients on any need for a licence, so that they are aware as early as possible. Contact us if you need advice on licencing.
What are your responsibilities under the licence ?
Once the licence is granted, the applicant is named on the licence and becomes the “Licensee”.
The “Licensee” is responsible for ensuring that all activities carried out on site under the licence comply with the terms and conditions of the licence.
Failure to comply with the licence terms and conditions could lead to prosecution.
Anyone who you have authorised to act for you as “Licensee” must also comply with the licence and its conditions (see Regulation 60(1) of the 2017 Regulations (as amended)).
Therefore anyone authorised needs to ensure that they fully understand the licence terms and conditions, including any special conditions in the licence annexes. There needs to be a reference copy of the licence on-site and accessible at all times.
We would support you by providing inductions for your contractors and keeping them informed on site of the licence conditions.
How long will an application take
Natural England target for a decision on your licence is within 30 working days of receiving your application.
In practice, this can take longer, especially at certain times of year when there are heavy workloads on their staff.
Natural England will not accept applications earlier than about 6 months in advance of when works are scheduled to commence.
When the purpose of the licence is an immediate need involving “preserving public health or safety”, there is a faster system for processing and the decision will be quicker. For example this might include a dangerous building in risk of collapse.
We can advise you on the likely waiting times for a licence and the options open to you.
How to make an application
Finding an ecologist
You will need an ecologist to write parts of your licence application and carry out or supervise the licence implementation. This doesn’t need to be the same person who carried out the original surveys on the site.
You can only make an application once you have all the relevant permissions in place. Natural England will reject an application without these. You may also need to show that any conditions relating to wildlife have been discharged.
You need to make sure you have sufficient survey information to support the application.
We can check the situation of your project and advise you on whether the survey information you have is sufficient to apply.
When you are applying for the purpose of “preserving public health or safety”, make this clear in any covering email or letter as so they enter the faster system for processing.
When applying make sure you use the latest versions of Natural England documents. You and your ecologist will need to complete :
- application form
- method statement (how you’ll control impacts of the proposed work on bats )
- work schedule (the timing and sequence of the activities )
- charge screening form (whether you need to pay)
You and/or your ecologist may also need to provide:
- a reasoned statement (to show how the application meets the “three tests” )
- evidence of your ecological consultant’s experience
- a master plan and a habitat management and maintenance plan ( if the application is for a phased or multi-plot development ).
We can help you write and assemble all the documents you need, including your reasoned statements.
Checking you have everything
The application documents are quite numerous. If you forget one or don’t follow the application requirements, the application can be rejected.
If the applicant is not already a registered customer with Natural England, then during the application process they will need to register. This registration includes proof of identification checks.
On the application form, make sure you have :
- provided the applicant’s correct email and postal address;
- included a site address and grid reference;
- made sure the named ecologist has sufficient experience;
- indicated if your application needs a reasoned statement and if not, explained why;
- included copies of any necessary planning consents;
- confirmed the applicant has no previous unspent wildlife convictions;
- got both the named ecologist and applicant complete to sign and date the declaration.
On the work schedule, make sure you:
- include the site name and address, and the submission date
With the method statement, ensure you have:
- included all of the compulsory figures;
- sent the figures as individual PDF documents;
- put the date of submission on each document.
What is cost of a licence
Different charging options
Natural England have charged for licences since April 2019.
Based on the type of development and the bat species and type of roost, there may either be :
- an exemption from any costs;
- a fixed cost for the licence of £500;
- a variable cost set by Natural England.
There is no additional VAT charged on wildlife licences.
Based on your charge screening form submitted with the application, Natural England will tell you if you need to pay and what it will cost.
If you want to know costs before committing to a licence, you can make a Price Indication Request to Natural England.
We can advise you what the likely costs of the licence from Natural England will be.
Exemption from any costs
If the licence is for any of the following, then you won’t incur a fee for your licence ( or subsequent changes to your licence):
- conservation of bat roosts in their original position;
- use by a volunteer;
- preserving public health and safety;
- preventing the spread of disease;
- preventing serious damage to “property” : “Preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber, fisheries or inland waters, or any other form of property”;
- conservation of a historic property: The building or structure must be one or more of the following: a scheduled monument, a listed building or a registered place of worship OR a traditional farm building in a Stewardship agreement (Option HS1/HD1) ;
- domestic home improvements: Householder with a home improvement project such as a loft conversion, an extension, conservatory or garage. Householder planning consent or no consent is required;
If you modify a licence applied for before 22 April 2019 (when licences were free), then you may still need to pay for the modification.
Fixed cost licences
For the simpler applications, there is a fixed fee of £500, assuming that certain criteria are met.
If the development meets all the following criteria, then the fixed fee would apply :
- Not a phased or multi-plot development;
- Doesn’t not impact on a Site of Special Scientific Interest, a Special Protection Area or a Special Area of Conservation;
- Fits the following descriptions for species, type of roost and county location.
| Species | Type of roost | Counties in which applies |
|---|---|---|
| Common pipistrelle, soprano pipistrelle, whiskered, Brandt’s, Natterer’s, Daubenton’s, brown long-eared | Day roost or night roost or feeding perch or transitional/occasional. | Any English counties |
| Serotine | Day roost or night roost or feeding perch or transitional/occasional. | Berkshire, Buckinghamshire, Devon, Dorset, East Sussex, Essex, Greater London, Hampshire, Hertfordshire, Kent, Oxfordshire, Somerset, Surrey, West Sussex, Wiltshire. |
| Lesser horseshoe bat | Day roost or transitional/occasional roost | Bristol, Cornwall, Devon, Dorset, Gloucestershire, Herefordshire Somerset, Wiltshire. |
Variable costs licences
If your application is doesnt fit the critera for being exempt or fixed cost, then Natural England will charge you under a variable price.
This includes examples such as maternity roosts as well as other species and roost combinations not named in the fixed costs e.g. serotines in Suffolk.
Natural England gives an indicative price for this type of bat licences of between £1113 and £2123, excluding the most complicated licences.
Charges are based on an hourly rate of £101, calculated to the nearest quarter of an hour.
Charges for modifying licences
The same exemptions apply to charges for modifying a licence as for the original applications.
Natural England have said that most variable price bat modifications will cost less than £500.
The charge for a modification depends on the time taken by Natural England to assess it.
If you modify an old licence applied for when licences were free (before 22 April 2019) then you may still need to pay for the modification.
Conserving bat roosts in their original positions
Conserving a bat roost in situ is much lower risk for bats and Natural England recognise this by not charging for a licence where this is done. However you will need to fit all their criteria to do this.
If you can meet all of the criteria, you may want to consider if you can avoid the need for a licence by timing your works for when bats aren’t present.
The type of roost can be a maternity, swarming or hibernation roost or a day roost containing 3 or more bats at one time.
You would need to adhere to all the following :
- The roost will be unaffected by the proposal.
- The roosting space(s), and pre-emergent flight areas remain accessible to bats and keep the same length, height and width .
- Access points will remain unaltered.
- For roof roosts, the roof timbers remain unaltered.
- No more than 5% of the building materials in the roost space is replaced.
- The temperature and humidity of the roost remain unaltered.
- Light levels inside and outside the roost and flight paths to and from the roost will remain unaffected.
Changing an existing licence
Sometimes you may need to change timings on a licence or how the works are carried out or when they are carried out.
There is some flexibility on changes in timings without a modification, provided that the sequence of works is adhered to.
If you sell or purchase a site before the licence is completed, then you may want to transfer the licence
You are not tied to using one ecologist for the licence. If you want to change ecologist, you can transfer the licence to another named ecologist, provided they are suitably qualified. You don’t have to explain why you are doing this to Natural England. Professional ecologists understand that this can happen due to factors such as convenience and availability.
We understand that plans change. If you need assistance in modifying your licence or want advice on transferring your licence to a different ecologist, please contact us.
Changing timings and other details of your licence
For any change to a licence, you will generally need to complete a modification request form, quoting the licence reference number. You don’t need to resend all the documents.
If your licence is the standard annexed format, in order to change timings and other details, then you will need to :
- complete the modification request form;
- get both the ecologist and the licensee to sign the form;
- include any amended documents or figures, redated appropriately, as stated on your request form ( TIP: highlight any changes within documents and strikeout deleted text.)
If your licence is on the older pre-annex type, and included a licensed method statement, there is more work to do. In this case you must:
- provide a summary of progress stating what has been completed and what is left to complete;
- provide a summary of the animals captured or disturbed during the licensed works so far
- include a list of the changes to the licensed method statement and other documents;
- state whether there are any implications for the ‘favourable conservation status’ of the licensed species as a result of the proposed changes;
- include an updated method statement, dated appropriately, with all changes clearly highlighted (even if you only need to modify the work schedule);
- include all maps and figures that support your method statement.
Transferring a licence to someone else
Transferring the licence to someone else means that they become the named as “Licensee” and assume responsibility. They can then use the licence to complete the works.
For changing the licensee, you will need:
- a letter or email from the previous licensee explaining what is proposed;
- a letter or email from the new licensee confirming that they accept the agreed mitigation proposals relating to the licence;
- an application form with sections 1, 16a and 16b completed by the new licensee
Employing a new ecologist
Changing the licence to a new ecologist means they then become responsible for assisting and advising you on carrying out the works.
For changing the named ecologist, you will need:
- a letter or email from the previous ecologist explaining what is proposed;
- a letter or email from the new ecologist confirming that they accept the agreed mitigation proposals relating to the licence;
- an application form with Sections 2, 10, 16a and 16c completed by the new ecologist
How to report your actions
If you hold a licence, then as the licence holder, you will need to report any actions taken under it . This need to be sent to Natural England within 2 weeks after your licence expires. Even if you’ve not used the licence, you need to report this using a Natural England return form.
Natural England may ask you to submit interim reports too.
The reporting is a legal requirement.
Links to application documents
Application form for a bat mitigation licence (A13)
Charge screening form for an application
Method statement for a bat mitigation licence
Work schedule for a bat mitigation licence
Licence modification request form
Charge screening form for a modification