Badger mitigation: when setts are found on your land

When you’re looking to develop land, planning authorities seek to understand the implications to wildlife and natural habitats of importance. Badgers can be a common issue, and, as a protected species, the law sets out how they must be safely accommodated.

This blog summarises what you need to know about badger mitigation when planning a land development project.

Are badger setts protected too?

The Protection of Badgers Act 1992 doesn’t just protect the animals themselves it also protects their habitat.

It’s an offence to intentionally or recklessly damage, destroy or obstruct access to a badger sett. This includes any disturbance within 30 metres of the sett.

What happens when setts are found on my land?

If your initial badger surveys have revealed setts on your land, it’s still possible to achieve planning permission for development so long as you demonstrate the correct suitable badger mitigation actions. On completion of the surveys, your ecological consultant should help you to scope this out, keeping you the right side of the law.

Your ecologist will initially determine the type of badger setts on your land. They might be part of the main sett, an outlier sett, or a subsidiary sett, for example.

They’ll also determine whether the sett is currently in use. Even if it’s not currently occupied, if there are signs of badgers nearby, the sett remains protected.

Will I need badger mitigation?

Referring to your development plans, the next step is to clarify how the badger sett would be impacted by your actions. Remember that a 30-metre buffer area must be left around the setts as their tunnels can extend far underground.

If you can accommodate the badger sett area safely within your development, mitigation is more straight forward. Should you wish to close the sett, you’ll need a badger licence.

Assuming you can retain the sett safely, including 30-metre buffer zone, the following measures are likely:

• During construction, install fencing to protect the sett area. Badgers must be able to pass underneath or through the fence.
• Don’t let artificial lighting fall on the badger sett, during or after construction. 
• You might need to plant additional trees and shrubs close to the badger sett, mitigating against lost foraging areas. 
• Don’t position footpaths, benches, and play areas close to the setts. 
• Create unlit ‘green corridors’ to help badgers access their existing foraging habitat.
• Further compensation measures might be necessary if your development would destroy further badger foraging areas.

When do I need a badger licence?

Should your development plan impact on the land within 30 metres of the setts, badger mitigation becomes more complex. If you’re proposing hole closures, you’ll need a licence from Natural England. And if more than 50% of the identified holes and setts need to be closed, an artificial sett may be required.

Your ecologist will help you to acquire a licence and install an artificial sett. Under the terms of the licence, you’ll undertake all work between July and the end of October.

The artificial sett must be in place for six months before the original sett is closed. It’s typical to place a one-way gate over the entrance of the sett so that badgers can leave but not return. Every day for 21 days, the sett must be checked. If badgers have dug back in again, the process starts from the beginning.

Once the badger sett is finally confirmed empty and a successful 21-day period has passed, you can dig it up. You must do this promptly to prevent badgers returning and being at risk.

Read our case study about installing artificial badger setts.

Seek expert help

Badger mitigation is complex and the implications of getting it wrong are serious. When you work with a qualified ecological consultancy, you know your actions are lawful.

Land development and biodiversity work together when responsible landowners seek the right help. You might even discover that your natural habitat enhances the development further.

Please get in touch if you’d like to discuss our badger surveys and how we help you mitigate against any impact on this important protected species.

Call us on 01886 888445 or email nature@bettsecology.co.uk