The Conservation of Habitats and Species Regulations 2017 provides protection to number of European Protected Species (EPS).

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Under European and UK law it is an offence, with certain exceptions, to:

• deliberately or recklessly capture or kill any wild animal of an EPS;

• deliberately or recklessly disturb any such animal;

• deliberately take or destroy eggs of any such wild animal;

• damage or destroy a breeding site or resting place of such a wild animal;

• deliberately pick, collect, cut, uproot or destroy a wild plant of a EPS; or

• keep (possess), transport, sell or exchange, or offer for sale or exchange, any live or dead wild animal or plant of a EPS, or any part of, or anything derived from such a wild animal or plant.

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If a development or an activity is going to have a significant negative impact upon a protected species, e.g. disturbance of or destruction of a resting place, a mitigation licence from Natural England will be needed to allow the works to legally proceed.  The mitigation licence can be obtained once all relevant permissions have been obtained, e.g. full planning permission or Listed Building Consent. 

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Mitigation licences and other EPS licences are awarded by Natural England who also ensure compliance, enforce licence conditions and where appropriate, take legal action.

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It should be noted that where an appropriate licence has not been secured and protected species are encountered during works, all work must stop until an ecological assessment to attain the status of the species involved has been made and a necessary licence has been obtained, if required. Delays following the commencement of works can prove extremely costly to a project and more than justifies an investment in thorough ecological surveys as part of the project preparation.