Protected Species
and Habitats
Protecting bats in buildings and trees
Bats may be present in any building or roof space in Carmarthenshire. You may not have noticed the presence of bats – they often roost in tiny spaces, cracks, and crevices in roof spaces, behind weatherboards, fascia and tiles and in gaps in walls. Some bat species have declined alarmingly. In addition to loss of habitats where they feed, loss or damage to roost sites is a major factor in their decline. Type 1F Bitumen Roofing Felt is safe for bats as they can become entangled and unable to free themselves if Breathable Roofing Membrane is present.
There are 17 species of bat in the UK of which at least 10 occur in Carmarthenshire. Each bat gives birth once a year, early in summer, the females tending to gather together in a communal roost to give birth and bring up their young. This is when they are most likely to be seen using buildings. By the end of the summer these roosts are generally vacated. In winter they hibernate and live off body fat stored during the autumn.
All British bats are protected under the Wildlife & Countryside Act 1981 (as amended) and are also protected under the Conservation of Habitats and Species Regulations 2017 (as amended). It is an offence to deliberately capture, injure or kill a European Protected Species or to deliberately damage or destroy the breeding site or resting place (roost) of such an animal or to obstruct its access. A roost is protected regardless of whether bats are present at the time. ‘Damage’ would include operations such as timber treatment in roost areas. It is also an offence to deliberately disturb a bat that may significantly affect its ability to survive or the local distribution or abundance of that species.
Bats also roost in trees and are treated in the same way as buildings with respect to bats.
Bats and the planning system
The presence of a protected species is a material consideration when a local planning authority is considering a development proposal which, if carried out, would be likely to result in disturbance or harm to the species or its habitat. LPAs also have a duty to have regard for protected species so that any effects on them must be considered as early as possible in the planning process.
Carrying out a bat survey
The presence of bats must be investigated at the pre-planning application stage. Survey information is required to help inform the application process and identify what mitigation may be necessary. This must be carried out by a licensed and competent bat ecologist. You should not carry out the survey yourself as this is not supported by current guidelines and will not be accepted.
Bats are found in the following locations:
- Any building could contain bats, for example in roof voids, attics, wall tops, between roofing felt and tiles, small gaps in walls, under eaves / soffits, etc
- Bats are commonly found in barns and other traditional buildings including churches, chapels, listed buildings, etc
- Trees in cavities, flaking bark, exposed tears and cracks or splits
- Underground structures e.g. tunnels, mines, cellars, ice- houses.
- Bridges
Bats may be found in other situations beyond those listed above. For example, pipistrelle bats will occupy other built structures and even new buildings. The homeowner, developers, and those acting for them, should be mindful that disturbance of any roosts or harm to a bat or bats is a criminal offence.
If the proposal would affect bats, then a licence to undertake the work may be required from Natural Resources Wales (NRW). The presence of bats rarely prevents development, but adequate measures must be taken to ensure that bats are not adversely affected. If bats are found after the development has started, work must cease and NRW contacted immediately.
Protecting bats in buildings and trees
Bats may be present in any building or roof space in Carmarthenshire. You may not have noticed the presence of bats – they often roost in tiny spaces, cracks, and crevices in roof spaces, behind weatherboards, fascia and tiles and in gaps in walls. Some bat species have declined alarmingly. In addition to loss of habitats where they feed, loss or damage to roost sites is a major factor in their decline. Type 1F Bitumen Roofing Felt is safe for bats as they can become entangled and unable to free themselves if Breathable Roofing Membrane is present.
There are 17 species of bat in the UK of which at least 10 occur in Carmarthenshire. Each bat gives birth once a year, early in summer, the females tending to gather together in a communal roost to give birth and bring up their young. This is when they are most likely to be seen using buildings. By the end of the summer these roosts are generally vacated. In winter they hibernate and live off body fat stored during the autumn.
All British bats are protected under the Wildlife & Countryside Act 1981 (as amended) and are also protected under the Conservation of Habitats and Species Regulations 2017 (as amended). It is an offence to deliberately capture, injure or kill a European Protected Species or to deliberately damage or destroy the breeding site or resting place (roost) of such an animal or to obstruct its access. A roost is protected regardless of whether bats are present at the time. ‘Damage’ would include operations such as timber treatment in roost areas. It is also an offence to deliberately disturb a bat that may significantly affect its ability to survive or the local distribution or abundance of that species.
Bats also roost in trees and are treated in the same way as buildings with respect to bats.
Bats and the planning system
The presence of a protected species is a material consideration when a local planning authority is considering a development proposal which, if carried out, would be likely to result in disturbance or harm to the species or its habitat. LPAs also have a duty to have regard for protected species so that any effects on them must be considered as early as possible in the planning process.
Carrying out a bat survey
The presence of bats must be investigated at the pre-planning application stage. Survey information is required to help inform the application process and identify what mitigation may be necessary. This must be carried out by a licensed and competent bat ecologist. You should not carry out the survey yourself as this is not supported by current guidelines and will not be accepted.
Bats are found in the following locations:
- Any building could contain bats, for example in roof voids, attics, wall tops, between roofing felt and tiles, small gaps in walls, under eaves / soffits, etc
- Bats are commonly found in barns and other traditional buildings including churches, chapels, listed buildings, etc
- Trees in cavities, flaking bark, exposed tears and cracks or splits
- Underground structures e.g. tunnels, mines, cellars, ice- houses.
- Bridges
Bats may be found in other situations beyond those listed above. For example, pipistrelle bats will occupy other built structures and even new buildings. The homeowner, developers, and those acting for them, should be mindful that disturbance of any roosts or harm to a bat or bats is a criminal offence.
If the proposal would affect bats, then a licence to undertake the work may be required from Natural Resources Wales (NRW). The presence of bats rarely prevents development, but adequate measures must be taken to ensure that bats are not adversely affected. If bats are found after the development has started, work must cease and NRW contacted immediately.
Protecting nesting birds & owls
All birds are legally protected while they are breeding – the amount of legal protection depends on the species. This guidance provides information on the protection given to nesting birds, how you can avoid disturbing them because of your development and suggestions on how you can integrate nesting sites into your work, which can help some of our most threatened birds.
All British birds, their nests and eggs (with certain limited exceptions) are protected by law under Section 1 of the Wildlife and Countryside Act 1981 (as amended). This makes it an offence to:
- kill, injure or take a wild bird,
- take, damage, or destroy the nest of any wild bird while that nest is in use or being built,
- take or destroy the egg of any wild bird.
Breeding times depend on the kind of bird and where they are. Most birds start to nest at the beginning of March, although barn owls can nest as early as February and swallows don’t usually start until April. Some kinds of birds may have more than one brood of young each year. The last fledglings usually leave the nest towards the end of August / September.
Don’t start your building works during the bird-breeding season (February/March to August/September). Some birds may have second or even third broods so take care to check the nest is not occupied once young have fledged. Once the building works are under way birds are not likely to attempt to nest in the building.
Nesting birds in hedges and trees are much less easy to spot. To avoid harming them and possibly breaking the law, only do works like felling, pruning, trimming or hedge-laying outside the main bird breeding season, i.e. not in the months February / March to August / September. If you need to do emergency works for safety reasons, then check with an ecologist who can advise.
House martins, swifts and swallows are particularly likely to breed in/on buildings. Martins usually nest up under the eaves; swallows prefer access to the inside of the barn/outbuilding, to nest up on a ledge or beam. Swifts will use cavities in the roof space and walls. Unfortunately, recent surveys have shown steep declines in all three species and the loss of suitable nest sites is one of the causes of their decline. Allowing access to suitable nesting opportunities can be achieved in the building by utilising for example artificial nest structures and boxes, integrated bird boxes, wooden ledges, or platforms and even access into the roof space for barn owl.
Barn owls and some other birds have additional legal protection – they are ‘specially’ protected under Schedule 1 of the Wildlife and Countryside Act 1981. As well as the standard protection listed above it is also an offence intentionally or recklessly to disturb them while they are in, on, or near a nest containing eggs or young, or to disturb their dependent young. Disturbance could include making extra noise or someone working near the nest entrance, as well as someone purposefully approaching the nest. As a major cause in the decline of barn owls is the loss of nesting sites, providing artificial nesting sites on or near barns and outbuildings can really help. Also consider leaving/creating an area of rough grassland to provide hunting ground for the owls. It is recommended that you carry out a professional survey for the presence of owls.
Applications submitted without a bat / barn owl survey will attract a recommendation for refusal due to the lack of substantive information on a material consideration.
Protecting nesting birds & owls
All birds are legally protected while they are breeding – the amount of legal protection depends on the species. This guidance provides information on the protection given to nesting birds, how you can avoid disturbing them because of your development and suggestions on how you can integrate nesting sites into your work, which can help some of our most threatened birds.
All British birds, their nests and eggs (with certain limited exceptions) are protected by law under Section 1 of the Wildlife and Countryside Act 1981 (as amended). This makes it an offence to:
- kill, injure or take a wild bird,
- take, damage, or destroy the nest of any wild bird while that nest is in use or being built,
- take or destroy the egg of any wild bird.
Breeding times depend on the kind of bird and where they are. Most birds start to nest at the beginning of March, although barn owls can nest as early as February and swallows don’t usually start until April. Some kinds of birds may have more than one brood of young each year. The last fledglings usually leave the nest towards the end of August / September.
Don’t start your building works during the bird-breeding season (February/March to August/September). Some birds may have second or even third broods so take care to check the nest is not occupied once young have fledged. Once the building works are under way birds are not likely to attempt to nest in the building.
Nesting birds in hedges and trees are much less easy to spot. To avoid harming them and possibly breaking the law, only do works like felling, pruning, trimming or hedge-laying outside the main bird breeding season, i.e. not in the months February / March to August / September. If you need to do emergency works for safety reasons, then check with an ecologist who can advise.
House martins, swifts and swallows are particularly likely to breed in/on buildings. Martins usually nest up under the eaves; swallows prefer access to the inside of the barn/outbuilding, to nest up on a ledge or beam. Swifts will use cavities in the roof space and walls. Unfortunately, recent surveys have shown steep declines in all three species and the loss of suitable nest sites is one of the causes of their decline. Allowing access to suitable nesting opportunities can be achieved in the building by utilising for example artificial nest structures and boxes, integrated bird boxes, wooden ledges, or platforms and even access into the roof space for barn owl.
Barn owls and some other birds have additional legal protection – they are ‘specially’ protected under Schedule 1 of the Wildlife and Countryside Act 1981. As well as the standard protection listed above it is also an offence intentionally or recklessly to disturb them while they are in, on, or near a nest containing eggs or young, or to disturb their dependent young. Disturbance could include making extra noise or someone working near the nest entrance, as well as someone purposefully approaching the nest. As a major cause in the decline of barn owls is the loss of nesting sites, providing artificial nesting sites on or near barns and outbuildings can really help. Also consider leaving/creating an area of rough grassland to provide hunting ground for the owls. It is recommended that you carry out a professional survey for the presence of owls.
Applications submitted without a bat / barn owl survey will attract a recommendation for refusal due to the lack of substantive information on a material consideration.
Priority Habitats in Carmarthenshire
Welsh Government (WG) have published a list of habitat types in Wales, known as Section 7 Habitats, that they consider are of key significance to sustain and enhance biodiversity in Wales. WG and other public bodies have a duty to take all reasonable steps to maintain and enhance these habitats under the Environment (Wales) Act 2016.
In Carmarthenshire we have many of these priority habitats – some are common and others scarcer. These ecosystems, for example woodlands, rivers and grasslands provide us with a range of benefits such as food, water, and clean air. They also influence the cultural identity of Carmarthenshire, contribute to our mental and physical health, and help to inspire and educate us.
Priority habitats must also be considered in any development and an ecologist will carry out a Preliminary Ecological Appraisal to find out what habitats occur on site.
Want to find out more? Download more detailed information about our priority habitats in Carmarthenshire.
Priority Habitats in Carmarthenshire
Welsh Government (WG) have published a list of habitat types in Wales, known as Section 7 Habitats, that they consider are of key significance to sustain and enhance biodiversity in Wales. WG and other public bodies have a duty to take all reasonable steps to maintain and enhance these habitats under the Environment (Wales) Act 2016.
In Carmarthenshire we have many of these priority habitats – some are common and others scarcer. These ecosystems, for example woodlands, rivers and grasslands provide us with a range of benefits such as food, water, and clean air. They also influence the cultural identity of Carmarthenshire, contribute to our mental and physical health, and help to inspire and educate us.
Priority habitats must also be considered in any development and an ecologist will carry out a Preliminary Ecological Appraisal to find out what habitats occur on site.
Want to find out more? Download more detailed information about our priority habitats in Carmarthenshire.
