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The UK is a key spot for wintering and migratory birds. It sits on several migration routes, making it an internationally-important location, both as a stop off point, and as a wintering destination.
For example, the entire Icelandic and eastern Greenland population of pink-footed geese winters in the UK. However, energy developments, like wind or solar farms, can disrupt these migratory patterns, or potentially prevent the use of particular habitats.
The legislation
In the UK, bird populations are protected by law. Although the exact wording changes between the constituent countries, there are two main pieces of legislation to be aware of:
- the Wildlife and Countryside Act 1981, as amended: All wild birds, eggs and nests are protected under Part 1 of this Act.
- the Conservation of Habitats and Species Regulations 2017, as amended: this created a network of national sites to ensure continued protection of birds, which includes Special Protection Areas and Ramsar sites.
There are also several other laws that support this legislation, and many areas across the UK that have been designated as protected sites for birds, such as Special Protection Areas (SPAs), Ramsar sites, and some Sites of Special Scientific Interest (SSSIs). It’s therefore crucial that energy developers carry out bird surveys to assess any potential impact of their developments on bird populations.
Survey season
As the migratory and winter bird season approaches (autumn migratory behaviour is species dependent but is usually August to November, whilst the core wintering period is generally November to March inclusive), we’re entering a key time of year for carrying out bird surveys across the UK.
Depending on your specific development and site, a variety of surveys may be required to meet your legal obligations. An ornithology expert can create a bespoke survey programme incorporating all survey types and methodologies that you might need throughout your development, taking into account site-specific geography, bird populations and habitats in the area, and your chosen technology.
During the wintering and migratory period, the main risk that developments present to birds is through disturbance at important feeding and roosting areas. Desk-based study, using resources such as the Government’s MAGIC map or local records, can help to determine if a development is close enough to a protected area that there might be an impact, even if the development is not within a protected site itself. Certain habitats are more likely to be of value to significant numbers of wintering birds, for example wetlands, estuaries, coastal areas and open farmland. If a development is in, or near to, any of these habitats, the need for a survey is far more likely. A wide array of survey techniques and assessments can be used throughout this time to assess any potential impact:
- Vantage Point surveys (VPs) are used to assess the potential risk of birds colliding with overhead objects, such as wind turbines or cables.
- For larger wind developments (e.g. where there are turbines over 15m high), you might also need Collision Risk Modelling to assess the risk to bird populations flying overhead.
- If a project is close to an area protected for migratory geese or other waterbirds, then walkover surveys may be needed to understand the abundance and distribution of these populations.
- Environmental Impact Assessment (EIA) and/or a Habitat Regulations Assessment (HRA) may be required to assess the potential risks presented to birds or the protected sites they use. The disturbance distance, and potential for an adverse effect, varies depending on species and development specifics.
- A non-breeding bird survey may also be needed If a development is near or within a protected site.
If any of these surveys are needed, your ornithologist will tailor your survey programme to your specific site and project. For example, if your development is a wind project based in central England, it is likely that you will need a different suite of surveys to a solar array project in northern Scotland.
Key takeaways
When considering the need for, and extent, of bird surveys it is important to consider:
- the size, scale and type of development;
- the timing of works;
- desk study data;
- the potential nature and extent of impacts;
- if the effects will be temporary or permanent, over the long term or short term;
Failure to carry out adequate surveying can have serious consequences for developers. From delays to development or having planning refused, to legal ramifications if a development disturbs protected birds, there are many legal and financial repercussions that you will want to avoid. Engaging an experienced ornithologist to support early on in your development planning, and well ahead of key surveying season, can help to navigate these requirements and mitigate any potential stalls to your project.
Our Planning & Environment team can help you with assessing the environmental impact of your energy developments ahead of survey season.
Contact our in-house ecology specialists today for support.
