Your bat survey found a soprano pipistrelle roost in the building you want to demolish. Now what? You need a European Protected Species mitigation licence - and understanding how the process works can save you months of delay.
This guide explains when protected species licences are required, how the three legal tests work, the application process, costs, and typical timescales.
When Is a Licence Required?
A licence from Natural England (or NatureScot in Scotland, or NRW in Wales) is required when a development will result in an activity that would otherwise be an offence under the Conservation of Habitats and Species Regulations 2017 or the Wildlife and Countryside Act 1981.
The most common scenarios requiring a licence are:
Bats: Destroying or disturbing a bat roost. This includes demolishing a building with a known roost, converting a barn where bats roost, or carrying out roof works that would destroy roosting features. All 18 UK bat species and their roosts are protected - the roost is protected whether bats are present or not.
Great Crested Newts: Destroying or damaging GCN breeding ponds or terrestrial habitat, or capturing and relocating GCN. Required when development affects ponds or land within 500m of GCN breeding ponds (unless using District Level Licensing).
Dormouse: Destroying or disturbing dormouse habitat (hedgerows, scrub, woodland). Required when development involves removing or significantly altering habitat where dormice are present.
Other species: Licences may also be needed for otter holts, water vole habitat (displacement licence), white-clawed crayfish, and certain Schedule 1 bird species (e.g. barn owl).
The Three Legal Tests
Natural England must be satisfied that three tests are met before granting a European Protected Species licence:
Test 1: The purpose test
The development must be for one of the purposes listed in Regulation 55(2) of the Habitats Regulations. For most planning applications, this is met by demonstrating the development is for "imperative reasons of overriding public interest" or for "preserving public health or public safety." In practice, having planning permission is usually sufficient to demonstrate the purpose test is met.
Test 2: No satisfactory alternative
There must be no satisfactory alternative that would avoid or reduce the impact on the protected species. This doesn't mean the developer must prove there is literally no other option - but they must show they have considered alternatives and that the proposed approach is the least damaging reasonably available option.
For example, if a bat roost could be retained by redesigning the building conversion, that alternative should be explored before applying for a licence to destroy the roost.
Test 3: Favourable conservation status
The licensed action must not be detrimental to the maintenance of the species population at a favourable conservation status in its natural range. This means the mitigation and compensation measures proposed must ensure the local population is maintained or enhanced.
For bats, this typically means providing alternative roosting features (bat boxes, bat bricks, integrated bat roost units) that maintain roost availability for the affected species. For GCN, it means creating or enhancing pond habitat.
The Licence Application Process
Step 1: Complete your surveys
You cannot apply for a licence until you have completed the required surveys and have planning permission (or are confident it will be granted). Survey data must be recent - Natural England expects data to be no more than two survey seasons old.
Step 2: Prepare the method statement
The licence application includes a detailed method statement describing:
- The survey results (species, numbers, roost type, population estimate)
- The proposed works and their impact on the protected species
- Alternatives considered and why the chosen approach is preferred
- Mitigation measures to reduce impact during works (e.g. timing restrictions, supervised soft demolition, hand removal of roofing materials)
- Compensation measures to maintain the population (e.g. bat boxes, replacement roosts, new ponds)
- Post-development monitoring programme
- Timetable of works
Step 3: Submit the application
Applications are submitted to Natural England online through the wildlife licensing portal. You will need:
- Completed application form
- Method statement
- Reasoned statement explaining how the three tests are met
- Survey reports
- Planning permission reference number (or evidence that permission is forthcoming)
- Maps and plans showing the site, mitigation features, and compensation measures
- Details of the named ecologist and accredited agent who will supervise the works
Step 4: Assessment and decision
Natural England aims to process licence applications within 30 working days of receiving a complete application. In practice, applications are often returned for additional information, which can extend the timeline to 40-60 days.
If approved, the licence is issued with conditions that must be followed precisely during the works. Failure to comply with licence conditions is an offence.
Costs
| Item | Typical cost | |------|-------------| | Licence application preparation (method statement, reasoned statement) | £1,000-3,000 | | Natural England licence fee | Currently free for standard EPS mitigation licences | | Mitigation implementation (bat boxes, bat bricks, timing supervision) | £500-5,000 | | Post-development monitoring (typically 2 years) | £500-2,000 per year | | Named ecologist supervision during works | £400-1,000 per day on site |
Total typical cost for a simple bat licence (small roost): £2,000-5,000
Total typical cost for a complex bat licence (large roost, multiple species): £5,000-15,000+
GCN licence costs vary hugely depending on the population size and scale of habitat affected. A simple displacement from one small pond might cost £3,000-5,000. A large-scale translocation programme could cost £20,000-50,000+.
Bat Mitigation Class Licences
For low-impact bat cases (typically affecting common species in small roosts), a faster alternative exists. The Bat Mitigation Class Licence (BMCL) allows Registered Consultants to carry out low-impact works under a standing licence without needing an individual application to Natural England.
BMCL eligibility requires:
- The roost supports common species only (common pipistrelle, soprano pipistrelle, brown long-eared)
- The roost is a day roost or feeding roost (not a maternity roost or hibernation roost)
- The impact is low (the roost can be mitigated with standard bat boxes or bat bricks)
If your project qualifies for BMCL, the process is significantly faster - weeks rather than months. Ask your ecologist whether they hold a BMCL registration.
Timeline Planning
The typical timeline from survey to licensed works:
- Year 1, April-September: Bat emergence surveys (2-3 visits)
- Year 1, October-December: Prepare licence application and method statement
- Year 2, January-March: Submit licence application, 30-60 day assessment
- Year 2, April onwards: Licence granted, works can proceed under licence conditions
For GCN, the timeline is similar but survey season is narrower (March-June), and translocation work is also seasonally constrained.
Key point: You cannot start licensed works until the licence is issued. Build this timeline into your project programme. Starting surveys late (e.g. August) may mean the licence isn't granted until the following spring - a delay of 6-8 months.
Start With the Desktop Study
Before commissioning any species surveys, check what's already recorded near your site. If there are bat records within 500m, a GCN amber zone, and otter records on the nearby river, you can plan your survey programme and budget for potential licence costs from the outset.
EcoCheck shows you protected species records, GCN risk zones, and statutory designations for any GB location in seconds. Use it to understand your licensing risk before the first site visit.
Patrick O'Connor is a Freelance Ecologist at Kinterra Consulting and the developer of EcoCheck - an instant ecological desktop assessment tool for any GB location. Try it free for 3 days at ecocheck.co.