Biodiversity – Wildlife Mitigation Licensing

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Need Assistance with Wildlife Mitigation Licensing? 

If you need a mitigation licence or believe your project may impact protected species, contact the Engain team. We’ll guide you through the process of preparing, submitting, and ensuring compliance with the conditions of your mitigation licence. 

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How to Obtain a Mitigation Licence 

If your development site is home to protected species, such as bats or dormice, and your plans could disturb these species, you will likely need to obtain a mitigation licence from the relevant authority to proceed legally. In England, this authority is Natural England. Operating without a licence for activities that impact protected species could result in an unlimited fine or up to 6 months in prison. 

To navigate this process, you’ll need an ecologist licensed to handle the relevant species (such as bats, dormice, etc.), who will prepare the necessary documentation and evidence to support your application. 

Do You Need a Licence? 

If your activities affect any protected species, an individual project licence is required. Examples of such activities include disturbing species during building works or maintaining a watercourse or pond. 

Types of Wildlife that Require a Mitigation Licence: 

The following species and activities typically require a mitigation licence: 

  • Hazel Dormice Mitigation Licence 
  • Great Crested Newt Mitigation Licence 
  • Smooth Snake and Sand Lizard Mitigation Licence 
  • Bat Mitigation Licence 
  • Bat Class Licence (for low-impact work on bat roosts) 
  • Badger Licence (to interfere with a badger sett) 
  • Water Vole Licence (for development projects or work on watercourses) 
  • Marine Management Organisation (MMO) Licence (for projects affecting protected marine species like dolphins, sturgeon, and turtles) 

What Is Required to Apply for a Mitigation Licence? 

To apply for a mitigation licence, you’ll need to prepare a detailed submission that includes: 

  • Your planning application and construction methods 
  • Surveys and assessments of the affected species 
  • Mitigation and protection plans to minimize the impact on these species 
  • In some cases, survey data from multiple seasons 
  • A method statement outlining how impacts will be reduced 
  • A reasoned statement explaining that the activity meets the criteria and there’s no satisfactory alternative 
  • References to demonstrate that your ecologist has the necessary experience to apply for a mitigation licence 

When to Submit Your Mitigation Licence Application 

You must have planning consent before you can apply for a mitigation licence. 

How Long Does Licence Determination Take? 

The relevant licensing authority typically makes a decision within 30 days of receiving an application. However, due to Covid-related delays, processing times may extend to 2-3 months. 

What Happens After You Receive Your Licence? 

Obtaining your licence is just the beginning. You’ll need to adhere to the conditions set out in the licence throughout the duration of your work. In some cases, you may be required to submit annual reports to the licensing authority. 

It’s wise to continue working with your specialist ecologist to ensure compliance with all licence conditions during and after the work is completed.