Will the scheme affect a site on which a legally protected species is present?

Don't Know

Don't know which species are legally protected?

To check whether a particular species is legally protected, look at the list of legally protected species in Devon.

How do I know if a protected species may be present and what should I do if so?

The presence of certain habitat features may mean that a legally protected species is present on the site. Examples of these features are:

• hedges - which may have nesting birds
• woodlands or scrub - which may support nesting birds and mammals such as dormice
• ponds or watercourses - which may support otters or amphibians
• cavities in structures or roof voids - which may support bats.

If any of these habitat features are present on the site, or you are uncertain whether a protected species may be present, you should take the following action:

1. Find out whether there are existing records for the site at Devon Biodiversity Records Centre (DBRC). If there are records for the site, find out whether any legally protected species are present.

You can contact DBRC directly (care of Devon Wildlife Trust, tel. 01392 279244) or through Peter Chamberlain by emailing peter.chamberlain@devon.gov.uk

2. If there are no existing site records at Devon Biodiversity Records Centre, a field survey undertaken by a wildlife expert may be required. Please seek advice on this from Peter Chamberlain, County Ecologist on tel. 382257, or by emailing peter.chamberlain@devon.gov.uk.

What should I do if the scheme will affect a site on which a legally protected species is present?

You will need to ensure that the relevant statutory requirements are met. Please read the information on the 'Yes Section'.

Yes

If a legally protected species is present on the site, the relevant statutory requirements must be met.

A summary of the relevant requirement for individual species is shown on the list of legally protected species. It is important to ensure that further information is obtained about these requirements and their implications for your scheme.

If the species present is a European Protected Species of Animal or a European Protected Species of Plant, you will need to ensure that the relevant legislative requirements are met. All developments likely to affect these species are subject to licensing requirements operated by DEFRA. A licence will only be granted for purposes such as preserving public safety or other imperative reasons of overriding public interest, where there is no satisfactory alternative, and where the development will not be detrimental to the species. The European Protected Species you are most likely to encounter are bats, otters or dormice, as these are all widespread in Devon.

It is much better to establish whether or not a legally protected species is present on the site early in the design process. This will allow the legal requirements to be incorporated into the scheme with a minimum of delay and disruption, rather than having to go back to the drawing board at the last minute.

The following links are to pages containing further information relating particular legally protected animals or habitats:

Bats (102KB - pdf help)	Dormice (94KB - pdf help)
Badgers (117KB - pdf help)	Water Voles (76KB - pdf help)
Amphibians (99KB - pdf help)	Barn Owls (85KB - pdf help)
Reptile (94KB - pdf help)	Nesting Birds (78KB - pdf help)
Otters (93KB - pdf help)

Further Information

DEFRA. 2002. European Protected Species: Guidance Note.

DEFRA. October 2002. Circular 2/2002: New Guidance for Local Planning Authorities on European Protected Species and Changes in Licensing Procedures.
This guidance modifies the way that planning authorities deal with European Protected Species when processing planning applications.