Great Crested Newt (GCN) Surveys

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When planning applications for developments and making decisions, planning authorities, by law, will have to check that the development doesn’t impact newts.

In fact, it must be proven that the development achieves one of the following things if a newt presence is confirmed, with no satisfactory alternative to adapt plans:

The development needs to:

• Preserve public health / public safety
• Provide imperative reasons of overriding public interest

Ecologists carrying out GCN surveys need to each hold or be an accredited agent of someone holding a personal Class licence to survey for the species. They have to undergo training before they can get the licence to show they are competent.

A Great Crested Newt Survey will normally comprise of two parts. The initial assessment includes a standard assessment of the given area, including an assessment referred to as a Habitat Suitability Index. (HSI) A HSI can indeed be carried out at any time of the year, however, it is advised to carry them out within peak breeding times (Mid March to Mid June). It is at this stage that any ponds are identified as having potential to support newts. Various methods of survey are conducted at this point, in order to establish the presence of newts and the likely population size.

Traditional survey methods include:

• Funnel/ bottle tapping
• Overnight survey by torchlight
• Netting
• Egg searches of submerged aquatic vegetation

Pitfall traps can also be used to establish whether newts are present on site, however it’s important to be aware that such surveys and actions must be carried out by qualified ecologists. There are regulations in place, meaning that if you are unauthorised to carry out such practices and are found doing so, this could incur a heavy fine or potential prison sentence.

It’s important to note that one traditional survey isn’t enough to prove GCN absence. Four surveys are needed to prove absence and where present six surveys are needed to give more steer on the numbers present. It is also necessary that all such surveys are carried out in the breeding period where newts are far more likely to inhabit the pond (Mid March to mid June).

Don’t forget….

Timescales are something to be particularly aware of, as there are seasonal constraints on both the survey and species and mitigation. You do not want to miss the boat for these as this could affect your entire project.

This is why it is worth considering the potential for newt presence as early on in the process as possible.

If you find a great crested newt, then you will need to put in place the necessary precautionary measures to ensure no further harm is done to the habitat, shelter, breeding or resting site.

If evidence of a newt habitat is discovered, then actions must be undertaken to ensure minimal detrimental impact occurs.

The first option is to adapt existing development plans to ensure newt habitats aren’t disturbed. This could include:

• Adjusting the siting of the development, to create buffer zones around habitats / connecting features such as hedges
• Preventing permanent access to dangerous areas such as main roads
• Redesign or adaptation of drainage systems
• Adjusting the siting of development to create buffer zones around habitats/ connecting features

If the survey confirms the presence of great crested newts, and the proposed development is likely to result in ‘significant adverse impact’ on newts and / or their breeding place / shelter, then a mitigation scheme must be created.

You can obtain a Mitigation Licence for your development by contacting a licensed ecologist. The licensed ecologist will do surveys of your site and surrounding ponds to inform the development licence and complete an application form, method statement, work schedule and where necessary a reasoned statement on your behalf. The licence allows works which would otherwise be unlawful to lawfully proceed

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Some planning authorities now hold district-wide licences to allow strategic delivery of GCN conservation. Securing a district licence for your site can be a faster and cheaper way to proceed with a planning application. Your ecologist will be able to advise on whether this, traditional or other modern approaches such as eDNA surveys detailed below are most appropriate for you.

In some instances, instead of the traditional survey methods detailed above you can collect water samples from a body of water in order to confirm the status of newts through the presence or absence of their DNA. Newts shed material into the water that can be used for analysis, such as saliva, urine, faeces, and skin cells. Sampling can determine the absence of newts quickly and cheaply, which is why many licensed ecologists choose this method.

Great crested newt legislature states that it is an offence to:

• Intentionally kill, capture or injure a great crested newt
• Intentionally or recklessly damage / destroy / disturb the shelter of a GCN, or disrupt access to their protected and frequented areas.
• Damage /destroy a breeding / resting site
• Possess a great crested newt unless acquired lawfully
• Sell / barter/ transport any part of a GCN including their eggs.

GCN are protected by law and are a species of principal importance (SPI) in England. Their conservation status as highly protected is due to their decline in Europe as well as England, as a result of intense agriculture which has led to loss and disruption of many of their habitats. Great crested newt legislature includes their protected status under Schedule 2 of the Conservation of Habitats and Species Regulations 2017 (as amended), and Schedule 5 of the Wildlife and Countryside Act of 1981 (as amended).

If you conduct any of the above offences you can incur a fine of up to £5,000 per offence or be given a prison sentence of up to 6 months.