European Protected Species Licence (EPSL)

Support with Obtaining a Protected Species Licence

Whenever a planning project has the potential to disrupt wildlife species that are classed as protected by the law, developers and planners need to get the correct legal permissions before starting any groundwork.

Many development sites all over the UK overlap with natural habitats of rare or vulnerable wildlife. With a European protected species licence (EPSL), it’s possible to remain compliant with the relevant laws and legislation while allowing developments to continue as planned.

What Are Protected Species Licences?

Strict legal protections are in place to safeguard classified European protected species (EPS).

If a planning project involves any actions that would otherwise be illegal – such as damaging a breeding habitat or resting place – the person in charge would need to obtain a legal derogation.

Also known as a European protected species mitigation licence (EPSML), a European protected species licence (EPSL) is a legal permit for allowing specific development work to go ahead under approved measures and minimise the impact on the species concerned.

Without the valid wildlife licences in place, carrying out development works that could harm protected wildlife or their habitats will be classed as a criminal offence, even if you’ve already secured planning permission.

When Would Someone Need an EPSL?

A developer will generally need to apply for a licence if any ecological surveys reveal that the development proposals cannot completely avoid harming a particular species or habitat.

For example, if you were planning a new housing development on land where a European protected species (EPS) was present, an EPSML licence would be vital to ensure that everything was done in a lawful way.

To grant an EPS licence, the relevant statutory nature conservation organisation will need to apply three strict licensing tests:

• The planning project must have imperative reasons of overriding public interest, including social or economic benefits, or measures designed to preserve public health.
• There must be no satisfactory alternative to the proposed works that would avoid the ecological impact.
• The actions allowed under the licence must not risk the favourable conservation status of the population within its natural range.

Relevant Species

An EPSL is needed for certain species that receive full protection under UK legislation.

The list below outlines the primary species that need a licence at any point of a development affecting them or their habitats:

Other types of wildlife aren’t classed as European protected species but are protected by other legislation, including badgers, barn owls, kingfishers, little terns, peregrine falcons, red kites and water voles.

How to Get a Protected Species Licence

With careful planning, detailed field evidence and professional processing, developers and planners can get the European protected species licence they need for their project to continue.

It usually starts with a broad ecology survey like a preliminary ecological appraisal (PEA) or ecological impact assessment (EcIA) uncovering the presence of a protected species.

An ecological surveyor would then go on to confirm the presence on the development site through relevant and seasonal field surveys.

Application Process

The application for a protected species licence is a formal legal submission that consists of comprehensive technical data.

Through our partnership network, we can connect you with an experienced ecological consultant to handle the mitigation licence application and prepare the necessary documents, including:

• A completed application form with project specifications and the applicant’s credentials
• A detailed method statement showing exactly how the impacts will be minimised, including specific mitigation and compensation measures to protect wildlife
• A reasoned statement to explain how the project passes the legislative tests regarding public interest and alternative solutions

As soon as it’s submitted with all of the supporting information, the regulator will review the paperwork to ensure the safety of the wildlife population before issuing a permit.

Organisations and Regulators

The specific organisation responsible for assessing the application and issuing the licence depends entirely on where the project is located:

• England: Natural England
• Wales: Natural Resources Wales
• Scotland: NatureScot (formerly Scottish Natural Heritage)
• Northern Ireland: Northern Ireland Environment Agency (NIEA)

Expected Cost

The likely cost for obtaining an EPSL depends on the scale and complexity of the planning project.

For a developer or planner putting forward a submission, the expenses usually include statutory application fees, professional fees for preparing the legal documents, and the cost of physical mitigation measures needed on the site.

European Protected Species Mitigation Licence Guidance

Not only do you need help with getting a European protected species licence (EPSL), but you will also need a certain level of support to ensure that you comply with the Conservation of Habitats and Species Regulations 2017 and the Wildlife and Countryside Act 1981.

If infrastructure plans directly affect European protected species, you cannot simply proceed and hope for the best. Without an adequate mitigation strategy, there’s a possibility of permanently halting a project, especially if it affects an active breeding site.

For instance, structural works or tree clearances must be timed carefully to avoid peak times of wildlife activity, such as the summer breeding season or winter hibernation periods. With this in mind, developers must ensure that construction activities don’t accidentally obstruct access to an established habitat or a bat roost, for example.

Based on years of experience, countless satisfied clients and a comprehensive wealth of knowledge of ecology and planning, the team we work with can help with getting your EPSL licence.

Message Our Team for Help

If you suspect that your planning project will need a European protected species licence, it’s important to seek professional guidance as early as possible.

While 24Housing offers industry news and guidance, we work alongside trusted experts who can provide advice for submitting a successful EPSL application.

We can refer you directly to an ecological consultancy that can help you with your application, carry out any ecological surveys and protected species surveys you need, and manage any other parts of the process.

For a quote, get in touch with our team via email, over the phone or by filling out a quote form on our site, and we can then pass you on to our partner team.