Appendix E : Construction and Design Criteria for Protected Species

Policy E 22 requires that, where acceptable in principle, development proposals must make specific provision for species protected under the Wildlife and Countryside Act 1981 and the Protection of Badgers Act 1992. This Appendix outlines construction and design criteria which the Council will take into consideration in determining development proposals likely to impact on species protected under these Acts.

All Protected Species

Building works should be timed to avoid the animals' breeding season:

• Barn Owls : March to August
• Badgers : December to June
• Bats : April to September

Barn Owls

1. Provision for Barn Owls should be incorporated in barn or agricultural building conversions, where appropriate, in the form of nestboxes unless the site is within an urban area or more than 300m above sea level;
2. Provision for Barn Owls should be incorporated in new agricultural buildings, where appropriate, over 3 metres high;
3. New tree plantings and overhead wires should be positioned to allow clear flight paths for the birds to and from the access hole(s) provided for them;
4. Where appropriate, sites should be landscaped to provide areas of rough grassland as foraging areas.

Badgers

1. Development affecting badger setts will only be permitted where steps are taken to ensure the survival of badgers, reduce disturbance to a minimum or provide adequate alternative habitats;
2. Where setts are identified, proposed site layouts should provide a buffer zone of open space between setts and proposed buildings incorporating protective planting;
3. Roads and footpaths should be routed away from setts and tunnels/culverts provided for badgers where road proposals affect established badger routes;
4. Proposed site layouts should incorporate green links to enable badgers to reach feeding areas and possibly disperse onto neighbouring land;
5. Drains and services should be routed away from setts;
6. Where appropriate, proposed open spaces within development proposals should be managed to replace lost foraging grounds.

Bats

1. Provision for bats should be incorporated in all barn and agricultural building conversions in the form of roosting boxes or access holes, no larger than 20 mm wide, in the eaves of proposed buildings or at gable apexes;
2. In buildings where a bat roost is identified, SNH should be consulted on proposals for roof replacement, loft alterations, wall repainting or repairs to eaves.

Notification to Natural Heritage

Scottish Natural Heritage should be notified where there is any evidence of possible occupation of protected species within the site of, or an area likely to be affected by, a development proposal.