Nesting bird surveys – are necessary during the bird breeding season (March to September) and are typically conducted immediately prior to intended disturbance, such as clearance works, vegetation removal or building demolition. Some species of ground nesting bird such as skylark and lapwing will readily nest on construction sites where there has been a lapse between clearance and development, therefore surveys may be required prior to recommencement of activities. Ideally, works with potential to disturb nesting bird habitat would be conducted outside of the nesting bird season i.e. October to February inclusive. 

Breeding bird surveys – are distinctly different from nesting bird surveys in that they aim to establish the importance of a site for birds during the breeding season.  They are usually undertaken at the design stage of a proposal.  Survey methodology involves the BTO’s (British Trust for Ornithology) common bird census technique and territory mapping to provide an estimate of the abundance and distribution of occupied territories during the breeding season (March to June inclusive).  The survey results are used to assess the predicted development impact on bird species of conservation concern, and to formulate appropriate mitigation and/or compensation measures should they be needed

Wintering bird surveys – are usually required if proposals have potential to impact upon potentially important bird wintering sites, such as sites within close proximity of wetlands.  Survey methodologies vary according to the habitats present, the site’s proximity to conservation sites and the species concerned.  The results to allow an assessment to be made of the importance of the site for wintering by birds and to formulate appropriate mitigation and/or compensation measures should they be needed.

Birds occupy a range of habitats, from open uplands to towns and cities.  Some species are visitors whilst others are resident, although there may be seasonal movement between their breeding and wintering grounds.  Birds utilise natural and artificial features for nesting, such as trees, hedgerows, scrub and buildings.  These elevated features offer concealment and protection from ground predators, however, some species nest almost exclusively on the ground where they rely on camouflage to avoid detection.  The bird nesting season usually commences in March and runs through to September, although there are exceptions and some species are known to breed throughout the year.  

All wild birds, their nests, eggs and young are protected by the Wildlife & Countryside Act, 1981 (as amended).  It is an offence to damage, take or destroy the nest or eggs of any wild bird whilst it is in use or being built.  This legislation applies to all wild bird species, common and rare.

In addition, species listed on Schedule 1 of the Act are afforded special legal protection whilst breeding.  It is an offence to intentionally or recklessly disturb any wild bird listed on Schedule 1 whilst it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird.  Intentional or reckless disturbance is an offence regardless of whether it negatively impacts upon the breeding attempt.  

Legislation does not allow the granting of licenses to damage or destroy active bird nests, therefore avoidance measures must be implemented.  This usually involves establishing an appropriately-sized exclusion zone around the nest site until nesting is complete.  The size of the exclusion zone will be dependent upon the species concerned, noting that Schedule 1-listed species receive special legal protection from disturbance whilst they at or near the active nest site, and the tolerance levels to disturbance varies between species and individuals of the same species.

Please contact us to discuss your specific project or to request a quotation for conducting a breeding or nesting bird survey.

Useful information:

Natural England – Wild Birds: surveys and mitigation for development projects