TA2: The “three tests” and reasoned statements


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.

Read moreTA2: The “three tests” and reasoned statements

Nesting birds: 59 days away and counting

Nesting birds: 59 days away and counting?

Planning for nesting birds

Whilst 2020 has only just begun, the start of the “official” bird nesting season – 1st March – is only 59 days away and counting.

Prior to planning permission, landowners can legally carry out some vegetation management on their land. However they should carefully plan to ensure it is done sustainably and legally.

Badly thought through or implemented, it can severely damage a developer’s reputation and undermine trust with the local community, councillors and planning officers.

Even if its grey and cold outside, it is time to start planning ahead now for nesting birds.

Read how poor advice about nesting birds caused issues in 2019 and our six tips on proactive planning for birds. Contact us now for free initial discussion on how we can assist .

Building trust for planning

Trust is a major factor in making the planning process more positive and less adverserial. When carrying out clearance works or other mitigation for wildlife, not only legal compliance, but building trust with all parties is hugely important.

In 2019 some developers used “bird netting” to prevent birds nesting.

This included North Norfolk District Council using netting for sand martins on Bacton cliffs. The Bacton “bird netting” was an example that fitted the apparent letter of law, but was badly-advised and anaethema to local people and caused a backlash in national press.

https://www.bbc.co.uk/news/uk-england-norfolk-47880571

Similar use of netting to exclude nesting birds in Winterton, Lincolnshire sparked a national protest and petition with over 150 000. The planning application was later unanimously rejected by the planning committee.

https://www.grimsbytelegraph.co.uk/news/local-news/netting-petition-birds-hedgerows-parliament-2680442

CIEEM and the RSPB now strongly advise against using bird netting except in very limited circumstances. CIEEM warn that it can cause “an understandable negative reaction from both the public and from professional ecologists to the real and potential harm that it may cause to wildlife.”

https://cieem.net/cieem-and-rspb-advise-against-netting-on-hedges-and-trees/

https://www.rspb.org.uk/our-work/rspb-news/news/stories/use-of-netting/

You may be under tight deadlines to get started on a project. We can help you to start planning now. Read our six simple tips.

Pro-active planning for birds

If you do need to clear trees or other vegetation to avoid nesting birds, we recommend that you start proactively planning for wildlife now to :

  1. carry works out as far as possible before 1st of March – outside of nesting season;
  2. retain hedges and trees for future benefit if you can;
  3. don’t think of netting as an easy alternative;
  4. check that other protected species aren’t affected;
  5. clearly communicate before what you are doing to the local council and community;
  6. plan for a landscape with new trees and hedges for birds.

Find out how the sight and song of birds can enhance your site by proactively planning for wildlife. Contact us now for a free initial discussion.

TA1: Applying for a bat mitigation licence


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.

Read moreTA1: Applying for a bat mitigation licence

Dimensions for fitted bat boxes

Trying to fit a bat box in a wall cavity rather than externally mounted ? Here is a quick reference for some approximate dimensions, weights & suppliers links for internally fitted boxes. Please check links to suppliers’ sites for further technical details .

If you need assistance with bats and bat mitigation, please don’t hestitate to contact us.

Fitted bat boxes

Dimensions

Weight ( All approx.)

Materials

Notes

Suppliers website

Habibat Unfaced Bat Box

Width: 215mm x Height 440mm x Depth 102mm

Weight: 7 kg

Material: Concrete plus plain facing

Plinth Colour Options: Red, Blue or Buff; plain for rendering over; rendering not included in above dimensions

http://www.habibat.co.uk/integrated-bat-boxes







Ibstock Enclosed Bat Box ‘C’ Small Box

Width: 215mm x Height: 215mm x Depth: 105mm

Weight: 6.7kg

Available faced in all brick types or with "bat logo" facing


https://ibstockbrick.co.uk/kevington/eco-products/







Ibstock Enclosed Bat Box ‘C’ Small Box Large Box

Width: 215mm x Height: 290mm x Depth: 105mm

Weight: 9.2kg

Available faced in all brick types or with "bat logo" facing


https://ibstockbrick.co.uk/kevington/eco-products/







Integrated Eco Bat Box

Width 215mm x Height 440mm x Depth 111mm

Weight: 3kg

Materials: Recycled LDPE plastic outer with internal FSC OSB roost chamber

Finish: Black carcass with red, green or black front panels

https://www.nhbs.com/integrated-eco-bat-box?bkfno=232522







Schwelger 1FE Bat Access Panel

Width 300mm x Height 300mm x Depth 80 mm.

Weight: 5.1 kg

Material: Schwelger wood-concrete.

Can be attached to underlying structure using screws and plugs and two eyes; or use purpose built backing unit. No backing within dimensions.

https://www.schwegler-natur.de/portfolio_1395072079/fledermaus-einlaufblende-1fe/?lang=en







Schwegler 1FR Bat Tube

Width: 200mm x Height: 475mm x Depth: 125mm

Weight: 9.8kg

Material: Woodcrete with integrated wooden panel

Entrance dimensions: 15 x 9 x 2cm

https://www.schwegler-natur.de/portfolio_1395072079/fledermaus-fassadenroehre-1fr/?lang=en







Roof access points






Bat Access Slate

Natural Slate 500mm x 250mm


Spanish Slate attached to an injection moulded underbase unit

Non slip surface; access by the bats via an exterior weathering cowl

https://www.aboutroofing.com/bat-access-slate-natural-slate-500mm-x-250mm.html