EPS Licencing
The Conservation of Habitats and Species Regulations 2010 consolidates all the amendments to the Regulations since they were first made in 1994. Animals and plants that receive protection under these Regulations are often referred to as European Protected Species (EPS). EPS animals are afforded protection from capture, killing, disturbance, transport and/or damage/destruction of their breeding sites or resting places. EPS plants are afforded protection from picking, collection, cutting, uprooting or destruction.
The most commonly encountered EPS on development sites are probably bats and great crested newts, although we increasingly encounter dormice and otter as well. Where impacts to EPS are anticipated to occur as a result of development a licence can be obtained from Natural England to allow works to proceed that would otherwise be unlawful. CSa have a long and proven track record in successfully obtaining EPS licences for a wide range of projects.
Licences can be issued for the purpose of:
- Preserving public health or public safety, OR
- other imperative reasons of overriding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment
A licence can be issued for these purposes providing that;
- There is no satisfactory alternative, AND
- that the action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range.
An EPS licence application contains two key elements: a detailed Reasoned Statement and Methods Statement (in two parts), which demonstrate how these tests will be met. An experienced ecological consultant is vital to the production of a suitable Methods Statement. This document must provide survey information informed by up-to-date survey work and must set out the anticipated impacts to EPS and proposed mitigation measures.
A high level of detail is required and the licence application process can often be complicated and protracted, particularly for large scale or multi-phased developments. CSa have years of experience of completing successful EPS licence applications and will guide you smoothly through the process from start to finish.
