Executive Summary
Bats and
their roosts are protected by Irish and EU law.
There are
nine resident species of bats in Ireland, each with its own lifestyle and
habitat requirements. They use a wide variety of roosts, including
buildings of all sorts, trees and underground places.
All nine
bat species are protected under Annex IV of the Habitats Directive. One
species, the lesser horseshoe bat, is also included on Annex II and
Special Areas of Conservation have been designated to ensure the protection
of its important breeding, roosting and foraging areas.
Many bat
roosts are used only seasonally as bats have different roosting requirements
at different times of the year. During the summer, females of all species
gather in colonies to give birth and rear their young; these maternity
roosts are often in places warmed by the sun. During the winter bats
hibernate, usually in places that are sheltered from extremes of
temperature.
When
planning a development it is advisable to check for the presence of bats as
early as possible so that any planning and licensing issues can be
addressed before resources are committed. Bat surveys require specialist
knowledge and equipment.
Planning
and licencing authorities are required to take account of the presence of
protected species, including bats, when considering applications and may
refuse applications on the grounds of adverse effects on these species or
if an assessment of the impact of the development on protected species is
inadequate. Conditions may be attached to the permission/licence to ensure
that the conservation status of protected species is maintained.
A grant of
planning permission does not constitute a licence or permit to disturb bats or
interfere with their breeding or resting places.
A
derogation licence (under the EC (Birds and Natural Habitats) Regulations
2011-2021) can permit actions affecting bats or their roosts that would
normally be prohibited by law. Application for such a licence may be made
to the Minister for Housing, Local Government and Heritage through the
National Parks and Wildlife Service (NPWS) of the Department.
The applicant must demonstrate that there is no satisfactory alternative,
that the reason for the derogation is one of those listed in the
legislation and that the action will not adversely affect the favourable
conservation status of the bats. Each case is considered on its
particular circumstances, and an application may be refused.
Mitigation
to reduce the impact of development is generally a condition of any licence
issued. Mitigation measures will be proportionate to the impact and may
require e.g. particular timing of operations, use of certain materials,
and protection of existing roosts. Compensatory measures e.g. the creation
of new roosts to replace ones being lost, may also be required. In
some cases, a considerable period of time may be required to carry out
this work. Follow up monitoring of the effectiveness of the measures is
usually required.
The
protected species legislation applies independently of planning permission and
other consents, so licences may be necessary for operations that affect
bats but do not require other permissions.
The
Department of Housing, Local Government and Heritage strongly advises
developers to seek the services of a professional ecological consultant
with appropriate knowledge, experience and expertise in assessing bat
populations when contemplating a development proposal that may affect bats
or their roosts.
This
document gives generic technical advice on assessing impacts and developing
mitigation plans. It does not give a comprehensive explanation of the
legislation or provide legal advice.
- Marnell, F.
et al. (2022). Bat Mitigation Guidelines for Ireland v2. Irish Wildlife Manuals, No.
134. National Parks and Wildlife Service, Department of Housing, Local
Government and Heritage, Ireland. [PDF]
