Bats & The Law

All 17 species of breeding bats in the UK are protected by UK law. Killing, injuring, capturing, or disturbing a bat is illegal, as is damaging, destroying, or obstructing roosts. Seventeen species are known to breed in the UK.

Bats use a variety of places for roosting, breeding and hibernating so developers need to be aware of the possible presence of bats on their land and the implications for development.

Bats’ Habitats

Bats can roost in trees, buildings, or other types of structures. The roost can vary in size from a small crack in a tree or a single lifted roof tile to caves/railway tunnels and large attics.

Bat surveys can include the following:

• A daytime bat walkover (DBW) survey will observe and assess any habitats that are suitable for bats to roost in. This survey can be carried out at any time of year.
• A Preliminary Roost Assessment (PRA) involves a detailed inspection of the exterior and interior of a structure to look for features that bats could use for entry/exit and roosting, and to search for signs of bats. This survey can be carried out at any time of year. A licenced surveyor should carry out this survey.
• A daytime ground level tree assessment (GLTA) of a tree can be carried out at any time of year, although winter is better due to less vegetation, looking for roost features or possible roost features.
• An aerial tree climb inspection can be carried out any time of year, although winter is better as there is less vegetation. It is able to assess the suitability of potential roost features in trees better than a GLTA, and provides more information than an emergency surveys which only provides a snapshot of one night. This can only be carried out by suitably qualified in aerial rescue and tree climbing.
• Emergence surveys are only recommended for trees where either the tree is unsafe to claim (e.g. it is dead) or the presence of a roost has already been confirmed by other techniques such as radio tracking, and roost characterisation is necessary.
• If potential roost features are identified, then night-time dusk emergence surveys will be required. Manual bat activity surveys are where an ecologist observes, listens and records bats in flight away from their roost using detectors and sometimes Night Vision Aids (NVA).
• A night-time bat walkover (NBW) involves a night time walk around at the site, on a pre-set route, recording bat activity.
• Automatic/static bat activity surveys are where detectors are deployed at fixed locations to record bat activity in order to establish species richness, provide a measure of relative abundance and establish the importance of different landscape features to bats.
• Hibernation surveys are carried out in winter as a result of the DBW or PRA assessing a site as having a moderate of high suitability for hibernation and the structure is likely to be impacted by the proposed development. This survey needs to be carried out with a surveyor with the correct licence.
• Advanced licence bat survey techniques (ALBST) include trapping surveys (e.g. mist nets and harp traps). These traps are used on flight paths to capture bats. This may be needed if:
  • The identification of the species is needed (e.g. distinguish between all the myotis bats, or between the long eared bats).
  • To determine gender and breeding status when the impact of the development are significant.
  • To gain further information about a rare bat if it is likely to be impacted by the development.
  • To combine with radio tracking to find bat roosts in trees and buildings.

When is the bat survey season?

The main bat emergence survey season is mid-May to August, although a single additional survey can also be conducted in early May or September. You need a bat licence to handle bats and to carry out certain surveys.

Is a bat survey a legal requirement?

In planning determining the impact of an European protected species (e.g. bats) is a material consideration, and as a result, bat survey will be required, if the development is likely to impact on a bat roost.

If you need a bat licence for a project, then you will need bat survey data.

Do I need a bat survey for planning permission?

In planning determining the impact of an European protected species (e.g. bats) is a material consideration, and as a result, bat survey will be required, if the development is likely to impact on a bat roost.

What happens if a bat survey finds bats?

If a bat survey discovers a bat roost in a structure likely to be impacted by a proposed development, then three surveys will be required in order to get a licence to potentially disturb the bats (the licence can only be issued after full planning permission has been granted).

Types of Bat Surveys We Provide

Phlorum can provide advice and carry out various types of bat surveys across southern England, including:

• Daytime bat walkover (DBW) surveys
• Preliminary roost assessments (PRA)
• Dusk emergence surveys
• Night-time bat walkover (NBW) surveys
• Hibernation surveys
• Advanced licence bat survey techniques (ALBST)
• Ground level tree assessments (GLTA)
• Aerial tree climb inspections
• Bat surveys for planning
• Bat surveys for professional ecologists

The team can also compile European Protected Species Mitigation (EPSM) licence applications for developments likely to impact upon bat roosts or a Bat Mitigation Class Licence (formerly known as a Bat Low Impact Licence), which are possible on some sites.

We also have a wealth of experience in assisting developers with bat surveys for planning permission to overcome issues related to planning applications. Contact us now for your free bat survey consultation.