Natural England licensing: frequently asked questions

The following are the questions we at ECOSA are most often asked by our clients on the subject of obtaining protected species licences. For a more complete summary of the process of obtaining a licence we have also posted an overview of the Natural England licensing or you can find more detail in Natural England's own publication.

Why do I need a licence?

The Conservation of Habitats and Species Regulations 2010 makes any, deliberate or inadvertent, impact on one of the listed protected species of animal or plant (or their habitats) an offence under EU and UK law. The penalties include fines and imprisonment.

It is your responsibility to have the probability of your activities impacting European Protected Species (EPS) assessed professionally and, if they are likely to be affected, you will need a licence awarded by Natural England to give you exception to the law.

How much does it cost?

Natural England do not charge for the EPS licensing service.

You will need to budget for appropriate professional ecologist time including:

• An initial, or Phase 1, assessment of whether EPS are present or likely to be present or absent. Phase 1 surveys also allow the estimation of Phase 2 works required. If the Phase 1 survey indicates a likely absence of EPS, no further surveys or licence will be required. This would typically take a surveyor one to three days for a small site, including report production.
• Phase 2 surveys confirm and assess the extent of EPS presence and status on site. The surveys required to assess status vary by species: a typical building might require three survey visits using two surveyors, within the active season, to assess bat populations; but an assessment for dormouse has to be conducted over the months from April to November.
• Completing an EPSM licence application and preparing the supporting documentation, typically takes five working days.
• Mitigation works, as recommended in the licence application and stipulated as conditions of the licence granted, vary greatly.  They will depend on the site, populations and species concerned, varying from the erection of a bat box to landscape-scale habitat development. Annual monitoring of the mitigation over one to five years is a usual condition of a licence.

How long does it take?

Depending on the species, Phase 2 surveys need to be carried out over an appropriate period of time, and in order to adequately assess the site importance.

Natural England aim to issue a decision within 30 working days upon receipt of the application.

What does the licence allow me to do?

The licence will permit those works set out in the application such as demolition, provided all conditions are met.  Conditions will typically include the training of personnel (e.g. tool box talks for roofers); the demolition and landscaping processes to be used; the phasing of work across the site; EPS removal by a licenced individual; and specific habitat enhancement or creation within the immediate area.

How long does the licence last?

The licence will last for the duration of the development works plus the post-development monitoring period. If the project start is delayed or works take longer than described in the application, an amendment to the licence will need to be obtained from Natural England. This does not generally require additional survey work.

What do I have to do?

Once you have contracted ECOSA as your ecological consultant, we will guide you through the process, beginning with a site assessment and planning in the relevant surveys.

You will need to identify the individual, for example the project manager or landowner, who will be the licensee and therefore legally responsible for compliance with the terms of the licence. You will also need to provide us with source material for the statement of need for the development and the planned activities and timetable of works.