What are the “three tests”

As derogations from statutory legislation, European protected species licence need to meet strict tests before they can be issued.

In determining whether or not to grant a licence, Natural England is legally bound to use the so-called “three tests”. These three tests are :

Test #1: show that the purpose of the licence has a valid basis;

Test #2: show that there are no reasonable options with lower impacts; and that

Test #3: show that granting the licence won’t cause long-term impacts on the species concerned.

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 :

We would be happy to offer specific advice on your project on whether you need a bat licences and what an application involves.

TA2: The “three tests” and reasoned statements