Bird Surveys

 

Almost all development sites have the potential to support nesting birds and this can impose seasonal constraints on site clearance.

The following survey types can be carried out on site Breeding Bird Surveys, Winter Bird Surveys, Wetland Bird Survey (WeBS), Common Bird Census (CBC) surveys. Surveys for Barn Owls (Tyto alba) can also be carried out.

Unlike other protected species there is no provision for a licence to allow wild birds to be disturbed or nests destroyed as a part of land development. Best practice is to avoid committing an offence by implementing mitigation measures to reduce the risk of disturbance – e.g. scheduling of works outside of breeding times or screening off exclusion areas around nests.

 

Bird legislation and protection

All wild birds (resident, visiting, and introduced species) are protected by law under the Wildlife and Countryside Act 1981 (as amended) in England and Wales.

With respect to developments it is illegal to:

  • Intentionally kill, injure, or take any wild bird,

  • Intentionally take, damage or destroy the nest of any wild bird while it is being built or in use

  • Intentionally take or destroy the eggs of any wild bird.

Specially protected ‘Schedule 1’ birds receive additional protection over and above that afforded to other wild birds making it illegal to intentionally or recklessly disturb any wild bird listed on Schedule 1 whilst nesting (building or at a nest containing eggs or young) or to disturb any of its dependent young.

Disturbances can occur as a result of development works within close proximity of a nest as well as directly through the loss of nesting sites.

If convicted of an offence the penalties can be severe, including a fine of up to £5000 (per bird, nest, or egg) and/or six months imprisonment.