Call of the wild

John Newton, MD of The Energy Consultancy, tells you everything you need to know about working with wildlife.

Think of brownfield sites and you probably picture fly-tipping, derelict land, ruined buildings and a seemingly impenetrable jungle of vegetation. In short, a huge mess that needs to be cleared up and returned to economically beneficial use as soon as possible. However, many Brownfield sites are also havens for wildlife and before any plans for redevelopment are brought forward - if nothing else - ecological surveys should be carried out. These surveys highlight the wildlife interest of the site and more importantly help to determine if there are any plants, or animals, present that might need special conservation measures.

So what’s so special about Brownfield sites?

It is the unmanaged and wild nature of these Brownfield sites that makes them so attractive to all forms of wildlife and means that their development should be very carefully considered and planned.

Make sure you’re not breaking the law Some of our native flora and fauna are legally protected, and a breach of the legislation is a criminal offence which could result in fines or even imprisonment.

You need to be aware of the law and, in terms of Brownfield sites, the Wildlife and Countryside Act 1981 (as amended) is the most relevant. It protects a variety of plants and animals, many of which are likely to be found on Brownfield land. Some of these species, for example bats and great crested newts, receive additional protection under the Habitat Regulations 1994 (as amended) meaning that proposed works where they occur may require licensing. Other potentially relevant legislation includes the CRoW Act 2000 and the Protection of Badgers Act 1992.

The law is there to protect key species, as well as their habitats, and you may be in breach of the law if you develop a Brownfield site without undertaking the appropriate surveys.

Planning guidance

As the need to provide more housing, work places and associated infrastructure puts more pressure on land and wildlife resources, the planning process will need to ensure that any ecological components are given due consideration. The most important piece of guidance in this respect is Planning Policy Statement 9 Biodiversity and Geological Conservation (2005).

What, how and when to survey

The critical issue for ecological surveys is timing. Certain species of plant and animal may only be visible or active at certain times of year and it may take several visits over a period of weeks, or months, to complete appropriate surveys. For example, great crested newts use ponds for breeding from March to June and therefore pond surveys can only be reliably carried out during that period. This would include at least two surveys during the peak breeding period between mid-April and mid-May. Outside that season surveys may be difficult or impossible, and may lead to project delays and added expense.

The best way to start is to carry out what is known as a Phase 1 habitat survey, combined with an assessment of the likely presence of protected and BAP species, as soon as possible in the site acquisition or development process. This will identify the principal habitats and give an idea of whether there might be important animal species, e.g. Species of Principal Importance for Biodiversity, on site. More detailed Phase 2 surveys may then be needed of any animal species likely to be present. For some species, such as bats, great crested newts and dormice, the surveyor will need to be licensed.

What happens next?

If a Brownfield site has ecological value what are the options? The preferred option is to avoid damage or disturbance to habitats and resident species. Where that’s not possible reducing the scale of impact, by designing in some form of mitigation, is the next best thing. This may require careful consideration of the requirements of the species, or habitats, involved and the setting aside of an area of the site for mitigation purposes.

The least favoured option is translocation of the species to an off-site location. This is not always successful and can be complicated and difficult to administer.

With certain species, licences may have to be obtained before translocation can be put into effect and this in itself can be time consuming. Even where licences are not needed, the regulatory bodies, may want to see method statements and assurances regarding all aspects of the translocation procedure.

Brownfield sites can be very special places for wildlife. Surveys should be undertaken early on in the development process to work out what is present and, in the face of development, to draw up adequate mitigation strategies. The costs of surveys are usually minor compared to the costs that may result from delays in the construction programme.

A good ecology consultant can help you ensure that you stay on the right side of legislation and advise your staff on the best ways of working with wildlife. With the right expertise on board the existence of protected species on your Brownfield site need not be a problem.