Birds can be found in practically all habitats within the UK. Many species are resident throughout the year, although their habits may change dramatically between seasons. Some species return to the UK only to take advantage of summer food supplies and to breed, whilst other species are here only to over-winter, avoiding colder climes and taking advantage of the food resources available. Many British species exhibit a combination of these migratory behaviours, with some individuals arriving to swell resident breeding populations and some individuals leaving to return to overseas breeding grounds in the spring.

The breeding season in this country runs approximately from the start of March to the end of August. However, care is needed as there are some species which may breed outside of these dates, such as Barn Owls which have been found nesting in all months of the year. The breeding season may vary from year to year depending on factors such as climate and food productivity.


All wild birds are protected primarily through the Wildlife and Countryside Act 1981, as amended. This makes it an offence to

intentionally kill, injure or take any wild bird;

take, damage or destroy a nest (whilst in use or under construction);

take, damage or destroy its eggs;

possess wild birds (dead or alive) or their eggs.

Further restrictions are placed on any Schedule 1 species (see later comments) whereby ‘the intentional or reckless disturbance of… whilst nest building, at a nest containing eggs or young, or disturbing dependent juveniles’ is an offence and carries more serious penalties.

Exceptions to these laws include the removal of “pest species” under licence, the “incidental result of an unavoidable and lawful operation”, and game species outside of their individual closed seasons (listed on Schedule 2 Part 1 below). Specific licences can also be granted for activities that may contravene sections of the Act such as scientific and educational work, ringing, conservation purposes and reintroduction schemes.

Twenty-six species of birds are also protected, via the Countryside and Rights of Way Act 2000, with specific Biodiversity Action Plans aimed at halting their decline. Twenty-five are breeding species, however not all the species are rare, with some Plans aimed at abundant species that are showing a decline at an alarming rate.

Such changes in abundance and range of British birdlife and the conservation implications are highlighted by the IUCN guidelines through the red and amber lists. Red list species are globally threatened or whose population or range has rapidly declined over recent years. Amber list species are less threatened although still of conservation concern.

The minimum that developers are required to do is satisfy the statutory regulations provided under the Wildlife and Countryside Act 1981. If breeding birds are known or suspected to occur on a site, a developer may need to employ an ecological consultant to carry out a breeding bird survey and produce an appropriate mitigation strategy.




RSK Carter Ecological Limited conducts initial surveys to assess habitats for the suitability to support breeding and wintering bird species and to record incidental bird sightings during the visit. Special emphasis is placed on the suitability of the site for Schedule 1 and UKBAP species and also species of conservation concern. After the initial assessment further surveys may be required to obtain a detailed account of bird species and communities in key habitat areas. These surveys are outlined below:

Breeding Bird surveys – consisting of two to ten visits recording and mapping all bird species seen or heard along with any relevant behaviour such as gathering nesting material, territorial calling, fighting or feeding young. Surveys are undertaken using BTO Common Bird Census techniques and ideally are undertaken between April 1st and June 30th.

Wintering Bird surveys – consisting of at least four visits undertaken between September and March (key months of December, January to February) to record any notable assemblages of feeding and/or roosting bird species. Coastal estuaries, marshes and inland water bodies are typical examples where wintering bird surveys are likely to be required.

Specialised Bird surveys – undertaken using specialised survey techniques for individual protected species, such as Barn Owls and Black Redstart; important bird habitats, such as estuaries and SPA and RAMSAR sites; and to obtain more detailed population estimates.

Hand Searches – nests can be searched for by hand immediately prior to development activities. This is generally considered as a last resort and is only practical for small areas of scrub and individual trees and bushes. The number of visits for all surveys depends on the size and the importance of key bird habitats identified during the initial surveys.


Work which could contravene the laws protecting wild birds as stated in the Wildlife and Countryside Act 1981, such as hedge and scrub removal, lake and ditch clearance, building alterations and maintenance work, should take place outside of the breeding season (predominantly 1st March to 31st August).

If a nest site is discovered during work, all operations must be stopped immediately until breeding has ceased, and work only continued in a buffered zone around the site which is large enough not to disturb the nesting to the point of breeding failure. Failure to undertake surveys and develop mitigation strategies can lead to delays in the determination of a planning application, refusal of a planning application, or delays in implementation if there has been a lack of foresight as to the scope of any necessary mitigation.

With Schedule 1 species, such as Kingfisher, Peregrine, Barn Owl and Little Ringed Plover, far greater care must be taken and work may only take place where no reckless disturbance will occur to the nesting species. Whilst incidental disturbance as a result of lawful activity can potentially lead to not being guilty of an offence, it is up to the defence to satisfy a court of their actions. With Schedule 1 species a higher level of protection is evident and a far greater burden of proof is required to show the activity could not reasonably have been avoided.






Species for which it is an offence to intentionally or recklessly disturb whilst nest building, at a nest containing eggs or young, or disturbing dependent juveniles.

Avocet
Bee-eater
Bittern
Bittern, little
Bluethroat
Brambling
Bunting, cirl
Bunting, Lapland
Bunting, snow
Buzzard, honey
Chough
Corncrake
Crake, spotted
Crossbills (all species)
Divers (all species)
Dotterel
Duck, long-tailed
Eagle, golden
Eagle, white-tailed
Falcon, gyr
Fieldfare
Firecrest
Garganey
Godwit, black-tailed
Goshawk
Grebe, black-necked
Grebe, Slavonian
Greenshank
Gull, little
Gull, Mediterranean
Harriers (all species)
Heron, purple
Hobby
Hoopoe
Kingfisher
Kite, red
Merlin
Oriole, golden
Osprey
Owl, barn
Owl, snowy
Peregrine
Petrel, Leach's
Phalarope, red-necked
Plover, Kentish
Plover, little ringed
Quail, common
Redstart, black
Redwing
Rosefinch, scarlet
Ruff
Sandpiper, green
Sandpiper, purple
Sandpiper, wood
Scaup
Scoter, common
Scoter, velvet
Serin
Shorelark
Shrike, red-backed
Spoonbill
Stilt, black-winged
Stint, Temminck's
Stone curlew
Swan, Bewick's
Swan, whooper
Tern, black
Tern, little
Tern, roseate
Tit, bearded
Tit, crested
Treecreeper, short-toed
Warbler, Cetti's
Warbler, Dartford
Warbler, marsh
Warbler, Savi's
Whimbrel
Woodlark
Wryneck


Species which may be taken outside of the close season, but afforded special protection during this period (1st February to 31st August and 21st February to 31st August below high water mark).

Goldeneye
Pintail
Greylag goose (in Outer Hebrides, Caithness, Sutherland and Western Ross only)


Species which may be taken outside of the close season, but protected during this period (1st February to 31st August).

Capercaillie (close season 1 February to 30 September)
Coot
Duck, tufted
Gadwall
Goldeneye
Goose, Canada
Goose, greylag
Goose, pink-footed
Goose, white-fronted (England and Wales only)
Mallard
Moorhen
Pintail
Plover, golden
Pochard
Shoveler
Snipe, common (close season 1 February to 11 August)
Teal
Wigeon
Woodcock (close season 1 February to 30 September except Scotland where 1 February to 31 August)