Badgers are principally protected by the Badgers Act 1992. What this means for the developer is that should the development affect the badgers sett or possibly the immediate habitat then that could constitute an offence.

 

In practical terms the planning authority will need to see that there is  coherent mitigation in place to address any badger issues and this may include wider concerns in the local community.

 

In terms of development, if construction works are likely to impact on a sett or cause significant disturbance, then the badgers may need to be excluded from the site. The exclusion must be undertaken under licence and can only take place between July and the end of November in any one year. There are therefore timing issues for development.

 

More of an issue is that Badgers are territorial and have large areas over  which they roam to forage. Increasingly the badger is becoming urbanised since the food supply is readily available. The effect is that badgers are not just an issue for rural development but also for brown field sites and residential in-fill.

 

Excluded  badgers will move to a nearby  area and dig a new sett perhaps in a neighbouring garden. It may be necessary to construct an artificial sett. Where there are retained routeways, badgers will continue to use these post development.  Conflicts however can arise such as  eating spring bulbs, digging up lawns to becoming a hazard  and major problem with new roads.

 

Jones & Sons can ensure that developer has dealt with these issues to form a susseful mitigation strategy and out come.