Badger licences - Development
The importance of a good survey
If badgers are likely to be present on or near a development site then it is strongly recommended that you get a badger survey undertaken by a suitably experienced person. As with any protected species it pays to address how development might affect them at the earliest possible opportunity. Doing so as part of the planning application process almost always avoids delays further down the line.
Badger protection plans
If badgers or their setts are found to be present then the ecologist should draw up a Badger Protection Plan that should examine what the impacts of the development will be on them, and to look at ways of avoiding or minimising those impacts. If impacts cannot be avoided then the plan should describe measures to compensate for them. For instance, if important foraging areas will be lost then consideration should be given to enhancing other areas for badgers, or if a new road would run through the middle of a territory then consideration should be given to putting badger tunnels under the road with appropriate fencing to guide them through. If setts may be directly affected, then a licence might be required to enable the work to proceed legally.
Licences
Scottish Natural Heritage is responsible for issuing licences under the Protection of Badgers Act 1992 (as amended) for the purpose of development. It is important to note that licences can only permit someone to 'interfere with a badger sett' for the purpose of development. It is not possible to licence removal, translocation or killing of badgers for the purpose of development.
As a general rule of thumb we say that any development within 30 metres of a badger sett entrance could result in interference to the sett (primarily by causing disturbance to any badger in that sett or by damaging or blocking the tunnels that radiate from the sett entrances). In some cases, where more disruptive works are planned, such as blasting, this distance may be greater.
If you are planning any development works that could result in disturbance to badgers in their setts, or damage or obstruction to setts then you should make sure that you stay within the law, and under a licence if necessary.