The requirement for ecological input
Let’s take a scenario:
‘Client A has a large garden that had become completely overgrown and has requested that the garden is cleared and tidied up, they approach two contractors in January for quotes. The property is in the countryside and backs onto farmland, within the garden lies an old pond now covered with dense shade and vegetation. The client has asked a landscape contractor to completely clear the garden.’
‘Contractor A has given a price to clear the garden, no questions asked and is available to undertake the work when convenient. Contractor B has given a price but has considered the job more widely and has suggested there may be protected species on site and suggests using an ecologist. Contractor B mentions that the work needs to be undertaken before the end of February. The client goes with contractor A as the quote is significantly less than contractor B. Contractor A then carries out the work in May’
So, this may seem a simple scenario but let’s look at it in more detail.
Contractor A has simply agreed to undertake clearance of the garden, in this case with no concern for what may be on site and the fact that they are undertaking the work in May. As the garden is overgrown and contains a pond, there is the potential for protected species to be on site, for instance Great crested newts. If the contractor undertakes clearance and it is reported that there were potentially protected species on a site, then this can be looked at as a breach of the wildlife and countryside Act. The fact that they carried out the work in May, also brings the clearance work into bird nesting season, with again a potential issue of disturbing nesting birds.
As the ‘competent’ person, the contractor and not the client would be responsible for any fines / prison sentence handed out as a breach of legislation.
If contractor B had been awarded the work, they had already priced in for using an ecologist, either to undertake a baseline phase 1 survey to assess the potential presence of protected ( and invasive) species, or as an Ecological Clerk of works (ECoW) on a day rate. ECoWs will supervise clearance work and check for the presence of protected species whilst on site and will stop the work if any are found and then the appropriate mitigation licences can be applied for. Contractor B also understood bird nesting season and the restrictions that that brings.
This may seem a simple scenario, but you will not be surprised at the number of requests that come in from clients that want sites cleared and they want them cleared now. With regards to the competent person part, the client can not be blamed for any breach of wildlife legislation if the contractors are carrying out the work.
The requirements to perhaps engage with an ecologist can vary with the work and especially at what stage of the planning process for new developments.
Pre-Application stage / clearance works
At this stage, ecologists can aid with;
- Extended phase 1 habitat surveys
- Protected species survey (bats, great crested newts, dormice, otter and water voles, badgers and reptiles);
- Invertebrate surveys;
- Appropriate reporting for submission with planning applications;
- Production of appropriate site-specific ecological impact assessments and mitigation hierarchy (avoidance, mitigation or compensation) strategies;
- Biodiversity Net Gain and Biodiversity Metrics (DEFRA);
- Production of an Ecological Constraints Plan, which gives an overview of the ecological constraints of the site, within 24-48 hours after the initial survey; and
- Liaison with Local Planning Authorities and other appropriate organisations
As specialists, there may be a requirement to use ecologists for more specialised survey work which can include:
- National Vegetation Classification surveys for a range of habitats including grassland, woodland, heathland, swamp, bogs, riparian and wetland, coastal and open habitats.
- Botanical walkover surveys;
- Rare arable plant surveys;
- River corridor surveys;
- Hedgerow surveys (which can be fed directly into the Peoples Trust for Endangered Species Great British Hedgerow Survey database); and
- Habitat condition assessments (particularly so in the case of designated sites such as SSSIs etc)
Above all, ecologists are the ones that have detailed knowledge of current legislation and protected species mitigation. licensing and habitat creation, enhancement and restoration.
Biodiversity Net Gain
The environment bill, once it becomes legislation will provide opportunities for the landscape industry and will ensure that ecologists become a more integrated part of the landscape industry. One of the aspects the environment bill will encourage / promote and ensure happens is Biodiversity Net Gain.
Biodiversity Net Gain (BNG) is an approach to development that leaves biodiversity in a better state post-development which will become mandated into legislation for all new developments.
- Biodiversity metric calculations;
- Mitigation hierarchy strategies;
- Stakeholder liaison;
- Habitat creation/restoration or enhancements using appropriate habitat types and management techniques;
- Green roofs and walls;
- Species specific enhancements (e.g bird boxes)
- Compliance monitoring.
Hopefully this short article will encourage landscapers / garden designers and those involved in our industry to take up conversations with ecological consultancy experts and integrate them into their work.
PAUL CAWSEY
ORGANECO Ltd