Bats
5,501 bat detections were documented in a survey this year, including UK Biodiversity Action Plan (BAP) priority species. Bats are protected under UK and European legislation. The proposed development by Danone HSW may be contravening the laws that protect the bat population which uses Rotary Woods.
Two surveys have shown that there are at least 7 species of bats using Rotary Wood and the surrounding areas for commuting and foraging. ‘Bat species included within the UK BAP priority species list’ (Smeeden Foreman 3.2.2 Interim Bat Survey Report, September 2024).
Bats and their roosts are afforded full legal protection under both UK and European legislation:
The Conservation of Habitats and Species Regulations 2017
Habitats Directive into UK Law and The Wildlife and Countryside Act 1981
It is illegal to:
Deliberately disturb a bat
Deliberately kill, injure or capture a bat
Damage, destroy or obstruct access to a breeding site or resting place (note: this applies to both deliberate and reckless actions)
Any works which may contravene the protection afforded to bats requires derogation from the provisions of the legislation, in the form of a licence from Natural England.
Two bat surveys have been conducted at Rotary Wood by two separate professional ecologists:
Smeeden Foreman - commissioned by Save Rotary Wood & Pinewoods Conservation Group - May, June, July and August 2024
Brooks Ecological - commissioned by Danone HSW - September 2023 and May 2024
Both surveys concluded that there are at least 7 species of bats using Rotary Wood and the surrounding areas.
5,501 bat detections were made by Smeeden Foreman
565 bat detections were made by Brooks Ecological
Smeeden Foreman concluded:
“Habitats on site were assessed as providing moderate to high value to commuting and foraging bats due to connectivity across the Pinewoods site and to areas of surrounding habitat within the wider landscape suitable for bats.”
Brooks Ecological concluded:
“Bat activity surveys, undertaken during the autumn and spring activity seasons, have found the Site to attract low levels of bat activity, attributed to common bat species.”
Source: Smeeden Foreman - Interim Bat Survey Report | 20595 | September 2024
Source: Brooks Ecological - ER-5017-07 – Bat Activity Survey – Spring Update | June 2024
Badgers
In Danone HSW’s current revised application section, there is no mention of badger activity and there is no current badger survey. Photographic and video evidence of badgers foraging within Rotary Wood have been included in objections previously. This proposed development is a threat to the local badger population.
Badgers are a protected species because of the extreme levels of persecution they face.
The laws protecting badgers are as follows:
Protection of Badgers Act 1992
Additional legal protection is sometimes provided by the following:
Wildlife and Countryside Act 1981
“Badgers are also listed in Appendix III of the Convention on the Conservation of European Wildlife and Natural Habitats [5].”
Government guidance lists the “Activities that can harm badgers.” Many of these are activities that would take place if the proposed development were granted permission: “noise, additional lighting or vibration,” “excavation,” “using chemicals,” “tree felling and timber extraction,” and “construction or repair of flood defences or watercourses.”
Sources:
Why are badgers protected by law? | Badger Trust
PROTECTION OF BADGERS ACT | Badger Trust
Badgers: protection and licences - GOV.UK