Badgers & the Law
European Badgers can be found throughout the UK, although some regions, such as south and south-west England, have higher numbers. They live in setts, which vary in size from a single infrequently used hole to a main sett with extensive networks of tunnels and hundreds of entrance holes.
Badgers are protected under the Protection of Badgers Act (1992), which makes it illegal to kill or injure badgers, disturb a badger occupying a sett or obstruct, damage or destroy a badger sett.
During the Extended Phase I Survey, the site is searched for any signs of badger use and particularly any badger setts that may be on site. If a badger sett is found and the plans will have an impact within 20 metres of it, Phase II surveys may be required.
Phase II surveys
If a badger sett is located within the boundaries of a planning scheme, Phase II badger surveys using a camera trap may be required to determine if a sett is active and what type of sett it is. These surveys may be undertaken at any time of year, however February-April and October-November are the most suitable times to do the survey.
Pre-construction walkover survey
Since badgers will move and can establish a sett quickly, even if there were no badgers during the initial survey it is recommended to have an updating badger walkover survey within a couple of weeks before construction is expected to start to ensure there are no new setts that may be impacted.
Licence to close a badger sett
If there is a badger sett on site that needs to be moved, we can apply for a licence to close a sett. We take the most pragmatic approach to mitigate for badgers with a humane closure of the sett during the appropriate season. If a main badger sett needs to be closed, we can help you meet mitigation requirements by creating an artificial badger sett.
Our team is experienced in surveying for badgers and badger setts and have a successful history of achieving licences to mitigate a site for badgers. To discuss your specific site with an ecologist, please contact us.