Damage vs Development

Twice we have been asked this week to apply for Badger licenses

On both occasions we have advised our client that their application will have to be submitted under development as opposed to damage

To clarify it makes no difference what kind of property the license is granted in respect of I.E. commercial or domestic

Licenses fall under three main categories

Damage – Badger causing significant damage to property, land or crops.

Development – Any activity, which can or will result in damage to a Badger sett or foraging

Forestry operations – Operations within agriculture.

There are other types of license however these will not normally needed under everyday situations

Licenses when issued are specific to the problem and Sett concerned

Damage licenses are straightforward and require standard mitigation measures

I.E. Badgers residing under an occupied building, road patio etc. Causing structural damage to the fabric of the building or adjacent land.

Development licenses are more tricky and require more in-depth mitigation

Developers are normally asked to provide a full mitigation strategy to incorporate the future prospects for the Badger.

Many people wrongly assume that conditions for the Badgers will be less favourable after development, however with the right mitigation living conditions and foraging can be greatly improved

Forestry operations are normally short lived and the badgers are allowed to continue as before the operations started.

Penalties under the Protection if Badgers act can be sever

If in doubt consult a professional

Both clients are happy to go with our recommendations and as always the advice was free.

If in doubt ask ignorance is no defence in the eyes of the law