Protected species in the Bradford District

Plant and animal species in England are protected by a suite of laws and policies which provide varied level of protection for species which are rare, have shown population declines, are subject to persecution or victims of changes to human interactions with the places they live.

Some legislation provides strict protection for species from reckless and intentional disturbance, injury or death, in some cases conveying protection onto the habitats they use. Other legislation makes it the duty of public bodies, such as Bradford Council, to ensure species and their habitats are appropriately protected from the impacts of development and other activities.

Natural England provides standing advice for developers working in areas where protected species may be present. Prepare a planning proposal to avoid harm or disturbance to protected species.

Bats

There are 8 species of bat found in the Bradford District.

Bats and their roosts are protected by The Conservation of Habitats and Species Regulations 2017, adopted into UK legislation in the Wildlife and Countryside Act, 1981 (as amended), against reckless or intentional disturbance, injury or death.

Bat species in England are under threat due to loss of roosting locations and foraging habitat. Bats are well known for roosting in buildings and roosts are sometimes destroyed by inconsiderate development, barn and loft conversions and building repairs. Bats may also roost in trees so inconsiderate tree management and  felling can result in the destruction of a roost.

Disturbance, damage or destruction of a roost is an offence under UK law (whether the roost is occupied at the time or not). Works to bat roost locations can be performed under a Natural England Licence which requires detailed survey information and mitigation or compensation plans which ensure the conservation status of bat populations is not negatively affected.

Badgers

Badgers (Meles meles) are subject to historic and current persecution with animals dug out of their setts and attacked with dogs.

The Protection of Badgers Act (1992) provides specific protection for this persecuted species, making it an offence to kill, injure or take badgers or damage or interfere with a sett.

A Natural England Licence is required for works which may result in disturbance or destruction of a sett.

Great crested newts

Great crested newts (Triturus cristatus) and their habitats (including breeding ponds, terrestrial habitat and refuges) are protected by the Habitat Regulations, adopted into UK legislation in the Wildlife and Countryside Act (as amended), against reckless or intentional disturbance, injury or death.

Great crested newts have declined in number due to the loss of agricultural ponds in the UK landscape. They are a rare species across Europe but the UK remains a stronghold for them which means they are quite often encountered on development sites. Bradford District doesn’t have a large population of great crested newts so we are eager to identify populations, protect them and encourage them where suitable.

Disturbance, damage or destruction of newt habitat is an offence under UK law. Works to great crested newt habitat can be performed under a Natural England Licence which requires detailed survey information and mitigation or compensation plans which ensure the conservation status of newt populations is not negatively affected.

Otters

Otters (Lutra lutra) and their habitats are protected by the Habitat Regulations, adopted into UK legislation in the Wildlife and Countryside Act (as amended), against reckless or intentional disturbance, injury or death.

Otter numbers in the UK are slowly increasing thanks to reductions in pesticide pollution in rivers over the last 25 years. However, they and their habitats still require legal protection to ensure the recovery continues.

Otters are known on the River Aire and River Wharfe and on some of Bradford’s more minor watercourses. Although they are a riparian mammal, preferring to live close to watercourses and waterbodies, they are known to move across land to access watercourses and waterbodies. They commonly use minor watercourses and drainage ditches to move around and between river catchments and holts can be established along these even where fish numbers are low.

Disturbance, damage or destruction of otter holts and habitat is an offence under UK law. Works to otter habitat habitat can be performed under a Natural England Licence which requires detailed survey information and mitigation or compensation plans which ensure the conservation status of otters is not negatively affected.

Water voles

Water vole (Arvicola amphibius) and their burrows receive full protection under the Wildlife and Countryside Act from killing, injury, death and disturbance or destruction.

Water voles are now rare in the Bradford District due to predation by illegally-released mink (Neovison vison) and the loss and deterioration of bankside habitats.

Disturbance, damage or destruction of water vole burrows and habitat is an offence under UK law. Works to water vole habitat can be performed under a Natural England Licence which requires detailed survey information and mitigation or compensation plans.

The Countryside and Rights of Way Service would welcome any sightings of water voles in the Bradford District (Telephone 01274 432425).

White clawed crayfish

White-clawed crayfish (Austropotamobius pallipes) is the UKs only native species of freshwater crayfish. It receives protection under the Wildlife and Countryside Act which makes it an offence to take animals from their habitat in rivers, streams and other waterbodies.

White-clawed crayfish numbers have declined substantially due to competition with non-native crayfish and other crustaceans who force them out of their habitats and introduce diseases.

White-clawed crayfish are still present in some of Bradford’s watercourses but the spread of American Signal Crayfish (Pacifastacus leniusculus) is gradually reducing its range.

Works that require white-clawed crayfish to be moved can be permitted under a Natural England Licence.

Birds

All bird species are protected whilst breeding from damage or destruction to their nests by the Wildlife and Countryside Act. The main bird breeding season is commonly said to run from March to August inclusive, although climate change is increasing the breeding period. Some species of bird, including barn owl (Tyto alba) and tawny owl (Strix aluco) are known to be able to breed outside this period if food availability and weather are suitable. Birds in cities can also breed throughout the year as warmer, more sheltered conditions are often available.

The Wildlife and Countryside Act also gives additional protection to some breeding bird species, listed in Schedule 1 of the Act, from disturbance. This means in some cases, such as kingfisher (Alcedo athis), red kite (Milvus milvus) and merlin (Falco columbarius) it is an offence to disturb an active nest.

Bradford District supports many breeding bird species including several listed in Schedule 1 of the Wildlife and Countryside Act.

In addition, Bradford District includes the internationally important breeding bird area of the South Pennine Moors Special Protection Area (SPA). Originally designated under the Wild Birds Directive, 1979 (now transposed into UK law) the South Pennine Moors supports internationally important populations of merlin, short-eared owl (Asio flammeus), twite (Carduelis flavirostris), curlew (Numenius arquata), golden plover (Pluvialis apricaria) and snipe (Gallinago gallinago). The moorland habitat that supports these species is protected under the Habitat Regulations as are areas outside the SPA that are used by these species for feeding.

Reptiles

The most common British reptile species can all be found in Bradford District. Adder (Vipera berus), grass snake (Natrix helvetica), slow worm (Anguis fragilis) and common lizard (Zootoca vivvpara). These species are all afforded protection from killing under the Wildlife and Countryside Act.

Reptile species are declining in number across the UK due to habitat loss and fragmentation and persecution.

The Natural Environment and Rural Communities Act 2006

The Natural Environment and Rural Communities Act 2006 (NERC) lists species which are threatened or rare in the UK. These are mostly former Biodiversity Action Plan Priority species but species are both added or removed from the list over time. This list includes species which were once common and widespread. Examples are mammals such as hedgehog (Erinaceus europaeus) or brown hare (Lepus europaeus), farmland birds such as lapwing (Vanellus vanellus), reptiles such as slow worm, and invertebrates such as common blue butterfly (Polyommatus icarus). Under this Act we have a legal duty as a local planning authority to conserve these species. Developers will be expected to provide surveys for these species if we consider they may be impacted.

The Council has identified a number of species which are important within the District. These species make up Bradford’s Biodiversity Action Plan.

These and other species are not all legally protected as such, sometimes because information about them is lacking (especially the more obscure invertebrates and plants) but in cases where known rare or endangered species are encountered we can still protect them under our legal duty to conserve biodiversity.

Protected species and development

A special case - bats

Of all the species we need to conserve, bats are the most commonly encountered due to the fact that they are rely on buildings and trees to roost.  Even the smallest householder proposal may impact on a bat roost. Most people are unaware of their presence.

If your planning application involves the felling or pruning of trees or demolition or alteration of a building (or buildings) you will need to consider whether you require a Preliminary Bat Roost Assessment (PBRA). If so you will need to submit this along with your planning proposals. It is important to consider the potential that bats roost in buildings or trees to be affected by development as early as possible. A PBRA may highlight the need for further surveys which must be carried out during the main bat active season (May to August).

Bats in trees

You will need to provide bat surveys if you are felling/pruning mature trees which have opportunities for bat roosts. Bats can roost in trees which have holes and splits as small as 2cm in diameter. In some cases, we can rule out the need for bat surveys from good photographs of the building or tree. In other cases, you may require an licensed bat ecologist to undertake a Potential Roost Feature survey (PRF).

Bats in buildings

The need for surveys is based upon risk. In West Yorkshire we have identified a bat alert zone with guidance which indicates whether there is a higher risk due to the location of a planning application. This can be viewed on the Biodiversity Map for the Bradford District.

However, being outside this bat alert zone does not mean there will be no risk to bats from development. Older houses, particularly of Victorian, Edwardian or Georgian periods include features which often offer suitable roost locations and access points: multi-hipped roofs, dormer windows, hanging tiles, bay windows, large chimneys, wooden soffits and fascias, large eaves and loft spaces. Please follow the Bat Alert Layer Guidance (PDF) to see whether you will need a bat survey.