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Reducing development risk through early ecological advice

It’s essential to consider ecology when undertaking development, and planning is key to reducing potential delays and extra costs.

Ecological issues are driven by legal protections for certain species and habitats. Some actions, such as destroying bat roosts, can be criminal offences and carry serious penalties, including fines or even prison sentences.

It also has huge programme and cost implications leading to redesigns or mitigation strategies, particularly if not considered early enough.

And failing to meet these particular environmental obligations could damage a business’s reputation.

Navigating ecological considerations

So, what are the ecological considerations for developers?

There is a wide variety of protected and priority species, from bats and badgers to newts and invertebrates. Some plants are also protected, as are habitats such as ancient woodland and traditional orchards.

Water courses should also be treated with care because of the species they can attract and the impact they can have on water quality, and are likely to require a buffer zone.

And don’t assume that flora and fauna considerations are the preserve of rural development projects; wildlife still inhabits built-up areas.

Urban environments are less likely to have protected species, but bats turn up in buildings, and in parks and gardens, there could be badgers and all sorts,” says Oliver Bulpitt, Senior Ecologist, Ecology by Design

The key is not to wait for a crisis point, but to treat ecology like you would a planning strategy, or the architecture to reduce risks.

Understand what is on your site

It used to be a ‘down the road’ discussion, but now, alongside ‘who is your architect?’, my question to clients is ‘who is your ecologist?’” says Stephanie Weeks, Partner, Carter Jonas. “And the first thing you’ve got to do is understand what’s on your site.

If you know what protected species are present, you can plan, as certain activities like moving protected animals can only be undertaken at particular times of the year and when the weather permits.

For example, an archaeological survey might be required for planning, but to do that, some reptiles may need to be moved.

We need suitable weather for reptiles, which is over 10 degrees with sunny spells, and we need five consecutive days of catching no reptiles to then declare it reptile-free,” says Bulpitt.

Imperfect conditions cause delays, and the presence of just one newt means the five-day clock is reset.

Getting the timing right

Similarly, rehoming bats can only be done at certain times.

One project which involved creating new habitats for the bats within existing buildings took five years,” says Richard Harris, Partner, Carter Jonas. “We had to factor in breeding seasons, young rearing and hibernation alongside the transition period when the bats were occupying both old and new roosts.

If you understand the requirements for the species, you can build seasonality into the programme from the outset.

An ecologist will not only identify likely species and habitats but can also flag where there may be restrictions on running services and laying foundations to protect roots, for example.

Hiring the right ecologist is important, as different ecologists have different specialisms and licenses.

A pragmatic ecologist will look for solutions, not just constraints and, where possible, suggest cheaper alternative measures.

With heritage buildings, for example, simply wedging up existing tiles slightly creates a crevice bats can get into without the need to install actual bat tiles, which are expensive,” says Bulpitt. “The solution doesn’t always have to be scary.

Biodiversity net gain

Ecology considerations don’t stop at protected species, there is also biodiversity net gain (BNG) to consider.

BNG requires a 10% increase in biodiversity value compared to what was on the site pre-development.

For large sites and estates with heritage assets which are already rich in biodiversity, it can make sense to look for a portion of land that can be put to one side for BNG.

Although there is an additional challenge to having such a provision on-site.

The upshot is that it does require the location to be maintained for a 30-year period. Thinking commercially about the property, putting aside land may not work,” says Weeks.

Offsetting by investing in a managed site elsewhere can be a less onerous option, particularly for small developers, but you still need to have had your site surveyed.

Water courses require an ecologist with specific training to work out the condition, and can be difficult and expensive to offset.

There aren’t many credits, mainly because there aren’t that many land banks that own both sides of a river to allow you to really go to town on enhancing the water course,” says Bulpitt.

While not strictly BNG, when it comes to protected newts, there is a shift to district licensing, which is offsetting to specially built landscapes by Nature Space or Natural England. “But it can be relatively expensive, so it’s about weighing up the best route to go,” says Bulpitt.

Whether protected species or BNG, the process has to start with understanding what is on your site, and the earlier you can do that, the easier it is to make it part of the scheduled works and design.

Richard Harris

Partner, Building Consultancy

MRICS

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