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Badgers are relatively common in the UK but they are subject to strict legal protection, which extends to their setts (tunnels and chambers where they live). Badgers often make their home in inappropriate places and for their safety, need to be relocated.
At Tadorna, we provide surveys, apply for the necessary licenses and deliver the mitigation for projects that may impact badger setts to ensure that all legal responsibilities are met. We specialise in national rail infrastructure, commercial and domestic development.
Badger Surveys
Where suitable habitat for badgers is recorded on or near the proposed development site, a badger survey may be required.
If a badger sett is found to be present and an impact cannot be avoided, then we will advise on suitable mitigation options. This may require exclusion of badgers under licence by fitting one-way gates to the affected sett. This technique can only be undertaken at certain times of year and there must be an alternative sett for the excluded badgers which may require construction of an artificial sett.
A survey can be undertaken at any time of the year, but licensed work on a badger sett is only permitted between July 1st and November 30th.
We recommend a badger survey is undertaken as soon as possible to avoid delays to construction schedules.
Tadorna's badger licenses
CL35 - allows Tadorna to achieve a licence from Natural England within 5 days of application and interfere with setts under specific conditions.
A24 Live Dig Licence - allows Tadorna to interfere with setts for development purposes.
A01 - allows Tadorna to interfere with setts to prevent serious damage.
A26 - allows Tadorna to interfere with setts associated with Scheduled Monuments.
Scottish Badger Ecologist Licence - all operations
Welsh Badger Licence
Personal Track Safety Certificate - allows Tadorna to access national rail infrastructure.
Legal protection of badgers
Under the Protection of Badgers Act 1992, it is illegal in England and Wales to take, injure or kill a badger, damage, destroy or obstruct access to a sett or disturb a badger whilst it is occupying a sett. Similar protection is given by the Wildlife and Natural Environment (Scotland) Act 2011 and the Wildlife (Northern Ireland) Order 1985. The protection of badgers was initiated to prevent cruelty and persecution through baiting and other blood sports.
It's worth noting also that all mammals are afforded protection under the Wild Mammals (Protection) Act 1996 from acts with the intent to inflict unnecessary suffering including crushing and asphyxiation. This applies to other burrowing species such as foxes and rabbits on development sites.
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