Ecology & Biodiversity

Legal Framework

Protected species are safeguarded by the Wildlife and Countryside Act 1981, the Conservation of Habitats and Species Regulations 2017, and the Protection of Badgers Act 1992. It is an offence to kill, injure or disturb protected species or damage their habitats without a licence.

Biodiversity Net Gain (BNG)

Since February 2024 (major) and April 2024 (minor), most developments must deliver a minimum 10% biodiversity net gain, measured using the statutory biodiversity metric and maintained for at least 30 years. This is secured by condition and a biodiversity gain plan. Householder applications and self-build are exempt.

Survey Requirements

Ecology surveys must be conducted at the right time of year (survey seasons vary by species). Key surveys include preliminary ecological appraisal (PEA), bat surveys (May–September), great crested newt surveys (March–June), reptile surveys (April–September), and breeding bird surveys (March–July). Out-of-season surveys may be invalid.

Mitigation Hierarchy

The mitigation hierarchy requires applicants to first avoid impacts, then minimise unavoidable impacts, then mitigate remaining impacts, and finally compensate for any residual impacts. This must be demonstrated in the ecological assessment.

Practical Tips

Commission ecology surveys early — survey seasons are strict and missing a season can delay an application by months. Always check for ancient woodland within 15m of the site and consider Natural England's standing advice.

Related Topics: BNG, Environment Act 2021, Trees