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The myth of bats and newts<br />

Some species of plants and animals are given a high<br />

level of protection by the Habitats Directive because<br />

they are rare or restricted in their range. For some of<br />

these species, such as the great crested newt, the<br />

UK holds an internationally important proportion of<br />

their population. Many European Protected Species<br />

found in the UK such as newts, bats and dormice are<br />

often highly vulnerable to development and changes<br />

in land management.<br />

Frustration has been expressed at some of the<br />

challenges presented by this protection – for<br />

example, the issue of bats in churches, and the<br />

costs and delays sometimes associated with the<br />

discovery of great crested newts on land proposed<br />

for development.<br />

The actual number of developments affected by<br />

these issues is extremely small – but the frustrations<br />

are very real.<br />

The myth of bats and newts is that the only way<br />

to resolve these issues is to remove these species<br />

from the relevant annexes of the Birds and Habitats<br />

Directives. In reality, these issues can be resolved<br />

through smarter implementation without making<br />

any change to the Directives – which is good news<br />

for developers, who depend on the certainty the<br />

Directives provide, and for communities too. It is<br />

also good news for bats and great crested newts,<br />

which remain in need of protection (with bats<br />

showing early signs of recovery, while the status of<br />

great crested newts is so poorly understood that the<br />

most recent UK Government report lists their status<br />

as “unknown”).<br />

Better information: More information can help<br />

us understand where populations really do need<br />

protection. For example, Defra supported research<br />

on Natterer’s bats and soprano pipistrelle bats. It<br />

found that excluding Natterer’s bats from churches<br />

is likely to harm their Conservation Status,<br />

although with judicious use of deterrents under<br />

licence, problems caused by bats in churches can<br />

be mitigated. For soprano pipistrelles, however,<br />

it showed that they use alternative roosts when<br />

excluded from breeding roosts. Better information<br />

can also help businesses to plan their initial<br />

applications more judiciously, in order to avoid a<br />

problem in the first place.<br />

Favourable Conservation Status: Currently, most<br />

decisions involving a protected species follow a<br />

precautionary approach because the UK has not<br />

defined Favourable Conservation Status—what<br />

constitutes a healthy and sustainable population.<br />

There is, therefore, no sound basis on which to<br />

make judgements about the significance of any<br />

impacts on a population. In other EU countries, this<br />

issue has been addressed by defining objectives<br />

for European Protected Species. The difficulty here<br />

is not with the law, but with how we have chosen<br />

to implement the law. This was highlighted by a<br />

review of the Directives in England in 2012, and a<br />

Government-led great crested newt task force is<br />

already working to resolve these issues.<br />

Left: great crested newt. Poor implementation of the Habitats Directive make it a scapegoat.<br />

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