Planning, Development and Badgers

Guide for Badger Champions

With the right action at the right time, you can make a positive impact for badgers. Whilst the presence of badgers will rarely be enough to prevent planning permission from being granted, it is often possible to intervene at the consultation phase in order to seek the correct mitigation and compensation measures to protect badgers from harm and avoid any long-term problems. 

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What is a planning consultation?

Before a local planning authority (LPA) can grant planning permission for any development scheme, a statutory consultation period of at least 21 days is required to allow anyone with an interest in the scheme to come forward and state their views. All of these views have to be taken into consideration by the planning officer dealing with the case, and these are generally compiled into a formal planning officer report ahead of a decision notice being issued. 

 

Most cases are decided entirely by the planning officer themselves, in line with planning laws, but larger schemes will generally be decided by the relevant council planning committee. These will usually be presented with a report from the planning officer, which includes the recommendation to either approve or refuse permission. The planning committee will review the report, discuss it as necessary, and either agree or disagree with the recommendation.

 

At the start of the 21-day consultation period, the LPA will contact neighbouring homeowners/landowners to alert them to the planning application and also contact a number of advisory parties whose views are sought by the council as consultees. These will vary from council to council and from scheme to scheme but may include the relevant water companies, county council highways departments, environmental health and local wildlife groups, including Badger Groups. 

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Responding to a planning consultation

If you’re not familiar with planning consultations they can seem a bit daunting at first. However, whether the application concerned is for a simple extension on the back of a house or a 2,500-home housing estate, the process is the same:

 

1. Download the relevant planning documents

All the documents relating to a planning application can be found online through the relevant council planning portal. You should be able to find this by searching the local council website under ‘planning applications’. 
 

Once on the portal, you can search by the planning application number (if known) or by the postcode or address. On the planning application page, you will find all the information to support the application, including other parties involved, and all the documents related to the application. The three most relevant documents in terms of badgers are as below, and you should be able to download these from the portal for full review:

 

• Design and Access Statement (sometimes called the ‘planning statement’)

• Site Plan and/or Location Plan

• Ecological/Habitat survey

 

2. Review the design and access statement

These vary widely in terms of content but should act as a report that sets out how the proposed development is a suitable location for the building plot. Whilst this is not strictly relevant to badgers, it usually gives a much better understanding of what is being proposed, often touching upon ecological considerations. If this document doesn’t exist, simply proceed to the next step.

 

3. Review the site plan and/or location plan

These documents show the boundaries of the site which is to be developed and the location of the proposed building work within it. If you know there is a badger sett nearby the plans can help understand exactly how close the proposed work will be. Occasionally this information is also contained in the design and access statement.

 

4. The Ecological or Habitat Survey

This report is unlikely to be provided on the portal directly to the public, due to the ‘sensitive’ nature of details which may relate to the presence of protected species such as badgers. Ideally, this will have been provided directly to the local Badger Group by the planning department, due to the good relationship between the two. It could be published, but with the relevant sections redacted (removed/obscured). The local badger group will need to request an unredacted version for review if not already provided with one.

 

Reviewing the survey report is the most important step when considering a planning application. You may be able to use a search function on the document to find mentions of ‘badger’ or ‘badgers’. Key points to look out for include:

 

• When was the report written? Badger surveys should have been carried out in the last 12 months, and if the report is dated any earlier then you should request that a new survey is carried out. Don’t rely on the date of the report itself, check the date of the survey that the report relies on.

• Have any badger setts been found on site? If yes, does the report assure that this will be protected from the building work and if not, what is the applicant proposing to ensure that the badgers are kept safe from the work? If the claim is that the sett is dormant, what is this assessment based on? Has a proper 21 days monitoring survey (in line with Natural England or Natural Resources Wales guidance) been carried out? If not then ask for this to happen, or for clarification that it has.

• If there are no setts, have any badger ‘field signs’ been found? Eg latrines, paths or snuffle holes? If yes, this may indicate that badgers are visiting the site to forage. If so, what mitigation measures are proposed to ensure that visiting badgers are protected during construction? Check on mitigation measures, and propose/seek additional measures if necessary.

• If there are no setts or field signs recorded, does the local badger group have records of badgers in the area? If so then the group would be justified in asking the developers to ensure no chemicals are left unattended and that all trenches are covered when not in use so as to ensure the site is safe for visiting badgers.

 

Remember, an ecologist (ideally qualified and registered with the CIEEM) will have written the report which should meet the expectation of the law. Badgers, as a protected species under the Protection of Badgers Act (1992) should therefore be considered. However, not all ecologists, even those CIEEM registered, are experts on badgers. A review of ecological reports with a focus on the impact on badgers is a very important way you and your local group can help protect badgers and their habitats in your area. If you are concerned that an ecologist report does not consider the protection of badgers then you should request another report be carried out in compliance with the Protection of Badgers Act (1992).

 

5. Respond to the LPA

Once all the relevant documents have been reviewed, background information and records cross-checked, and if there are any concerns or matters that need addressing in terms of the presence of badgers, you are ready to respond. When you respond, include:

• The planning reference

• The planning application description

• Write on behalf of the local Badger Group (if you are formally responding in that capacity)

• Badger Groups that are affiliated with Badger Trust should state this

• State that badgers and their setts are protected under the Protection of Badgers Act (1992) and Schedule 6 of the Wildlife and Countryside Act (as amended). In addition, Section 40 of the Natural Environment and Rural Communities Act 2006 places a public duty on all public authorities in England and Wales to have regard, in the exercise of their functions, to the purpose of conserving biodiversity. Therefore, the presence of badgers is of material consideration when it comes to planning applications.

• State any records of affected badgers setts within 20 metres of the application site, and that you consider them to be at potential risk from the proposal

• If badgers are present in a wider area (c2k) state this as a significant badger population (if appropriate)

• Raise any issues/concerns noted during the review of the documents above

• State if you agree with the application 

• State if you disagree with the application, giving clear reasons why, and any mitigation or actions that your local Badger Group recommends (if appropriate)

• Ensure you include contact details and offer further help/contact (if appropriate)

 

Remember: The sole purpose of reviewing a planning case is to try and protect badgers from harm and minimise any impacts the scheme may cause. Whilst disruption to badgers is something we seek to avoid, it is perfectly legal for a developer to obtain a licence to close down a badger sett to allow a scheme to proceed if deemed necessary as part of the planning application. 

 

Where needed, recommend changes to schemes to find solutions to problems. If reasonable suggestions can be offered at the consultation phase, then there may be a good chance of persuading the planners to prioritise keeping badgers safe. 

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