Surveys are usually required to confirm the presence or absence of Great Crested Newts (GCN) where proposals have the potential to impact upon the species.  Indicators that GCN may be present include the presence of ponds on or around the site (usually within at least 250m).

The traditional method for establishing the presence of GCN is to undertake a survey in spring time (mid-March to mid-June) consisting of at least 4 survey visits to the ponds.  This type of survey usually involves deploying funnel traps (under licence) at night time and retrieval the following morning, combined with other survey methods.  If GCN are found and a mitigation licence is likely to be required, then two further survey visits will allow a ‘population size-class assessment’ to be made to inform the licence application.

Alternatively, a single visit to the ponds can be made from mid-April to June 31st by a licensed GCN surveyor to take water samples for laboratory analysis to test for the presence of great crested newt DNA in the pond environment (environmental DNA survey).  However, this type of survey will not give an indication of the population size, which may be needed for licensing purposes.

Alternatively, it may be appropriate to enter the site into a new form of licensed mitigation in England for GCN called District Level Licensing (DLL). DLL does not necessarily require GCN surveys or on-site mitigation as all compensation is provided away from the development site and is funded by developer buy-in.  However, we would recommend eDNA surveys as a minimum to establish whether GCN are a constraint to your proposals, and to ascertain the level of impact upon the species. 

CES are well-placed to review your proposals and offer guidance on the best approach to GCN survey and mitigation.

We are leaders in the field of GCN mitigation and will explore all available options appropriate your circumstances.

Where newts are found to be present and harm to GCN can reasonably be avoided through the implementation of non-licensed mitigation measures, then a scheme of ‘Reasonable Avoidance Measures’ can be drawn up and proposed at planning.  The approved scheme will then become a condition of the development, and usually involves measures such as careful timing of works and a watching brief by an ecologist.   

Where Reasonable Avoidance Measures are not appropriate, a Great Crested Newt Mitigation Licence will have to be obtained before the development may begin.  Licences can only be granted once planning permission is in place. 

Recent chances to the licensing system in England through the introduction of four new licensing policies allows for greater flexibility in the survey and mitigation provisions for European Protected Species (including GCN).  This allows experienced consultant ecologists to deviate from the standard professional guideline requirements to provide bespoke mitigation packages, providing there is good ecological justification.  Our ecologists have successfully implemented these licensing policies to the benefit of clients and newts alike.

A new form of newt mitigation called District Level Licensing has recently been rolled-out across Cheshire and many other counties in England.  It seeks to shift the emphasis away from conserving individual newts on the development site and move toward conserving the wider population by creating new habitat at a landscape scale.  Survey data is not required to enter into this scheme, although negative results for some ponds can reduce the level of conservation payment you will be required to pay to obtain the licence and fund the offset of your impacts (you are not required to provide full on-site mitigation or compensation).     In this instance, an eDNA survey will suffice, and if the results for all relevant ponds are returned as ‘negative’, then you will have demonstrated GCN are likely to be absent and a licence is not required.   Further information on GCN DLL can be found here

Adult GCN return to their breeding ponds from March, where they feed, court, mate and lay eggs through to June.  During this aquatic phase, the males grow a tall crest down the centre of their backs, giving the species its common name.  Once they have left the ponds, the adult newts revert back to their terrestrial phase and will shelter by day under the cover of rocks and underground, only emerging after dark to hunt for earthworms and other invertebrates.  In late October GCN seek out suitable hibernation sites and become inactive until they re-emerge in spring.  Young GCN resulting from the season’s eggs usually leave the pond in August and September (albeit some may overwinter in the pond). Sub-adult GCN spend their first 3 years living terrestrially and do not return to the ponds to breed until they are 3 years old. Individual GCN have been known to range over 1km from their breeding pond, however 250m is the more typical range.

Great Crested Newt are protected under both European and British law.  European protected species are listed on Schedule 2 of the Conservation of Habitats and Species Regulations, 2017.  Those species listed on Schedule 2 are protected under Regulation 41, which refers to the protection of wild animals of a European Protected Species (EPS).

Under the Habitats Regulations, it is an offence if you:

• Deliberately capture, injure or kill any wild animal of an EPS
• Deliberately disturb wild animals of any such species
• Deliberately take or destroy the eggs of such an animal, or
• Damage or destroy a breeding site or resting place of such an animal

British protected species of animal are listed on Schedule 5 of the Wildlife and Countryside Act, 1981 (as amended).  Those species listed on Schedule 5 are protected under Part 1, Section 9, which refers to the protection of certain wild animals.

Under Section 9 of the Wildlife and Countryside Act, 1981 (as amended) if any person –

• intentionally kills, injures or takes any wild animal included in Schedule 5;
• has in his possession or control any live or dead wild animal included in Schedule 5 or any part of, or anything derived from such an animal;
• intentionally or recklessly damages or destroys, or obstructs access to, any structure or place which any wild animal included in Schedule 5 uses for shelter or protection;
• disturbs any such animal included in Schedule 5 while it is occupying a structure or place which it uses for that purpose;
• sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any live or dead wild animal included in Schedule 5, or any part of, or anything derived from, such an animal; or,
• publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell, any of those things, he shall be guilty of an offence.

For more information on District Level Licensing, please see our District Level Licensing Advice page or contact us today.

CES can provide expert professional advice on how best to address any potential GCN issues and survey requirements relating to your development project and if required will prepare and submit, on your behalf, a GCN District Level Licensing application to Natural England for assessment. Please contact us to discuss your specific development project or to arrange a free, no obligation, onsite meeting with our  GCN specialists.