Standing advice for planning consultations - Pine Martens

Updated August 2024

This is standing advice to help planning applicants seeking permission for development that could affect pine martens, and to assist planning officers and other regulators in their assessment of these applications. It avoids the need for us to advise on individual planning consultations in relation to pine martens. We will only provide further advice in exceptional circumstances that are not covered by this standing advice.

Consideration of protected species in development management

Scottish planning policy National Planning Framework 4 (NPF4) requires that any potential impacts of a development proposal on legally protected species is fully considered prior to the determination of any planning application. Development that is likely to have an adverse effect on species protected by legislation will only be supported where the proposal meets the relevant statutory tests. If there is reasonable evidence to suggest that a protected species is present on a site or may be affected by a proposed development, steps must be taken to establish its presence, and the level of protection required by legislation factored into the planning and design of the development (Policy 4f).

Where impacts on a protected species cannot be avoided, certain activities may only be undertaken with a licence from NatureScot. It is important that any licensing issues are considered as part of a planning application to avoid any unnecessary delay to a development proceeding.

Legal protection for pine martens

Pine martens and their dens are protected by the Wildlife and Countryside Act 1981(as amended) and by the Nature Conservation Act 2004. It is an offence to intentionally or recklessly:

• kill, injure or capture a pine marten;
• disturb a pine marten in a den*;
• damage, destroy or obstruct access to a pine marten den*.

* unless the den is in the roof space or other part of a house, where it is not an offence to discourage a pine marten from using the den, or to block access to the den, provided a pine marten is not in the den at the time and does not have dependent young. Further details can be found in Living with Pine Martens (The Vincent Wildlife Trust 2014).

This means that if pine martens could be affected in these ways by a development, and no action is taken to prevent it, an offence may be committed. The advice below will help ensure that impacts on pine martens are minimised and no offences occur.

Biodiversity enhancement

NPF4 Policy 3 sets out requirements for development to deliver biodiversity enhancement. For national and major developments, or those subject to EIA, Policy 3b states that proposals will only be supported where it can be demonstrated that biodiversity is being left in a better state than without intervention. Proposals should demonstrate the provision of significant biodiversity enhancement that goes beyond mitigation or strictly compensatory measures.  Proposals for local development not requiring EIA (excluding individual householder development) must include appropriate measures to conserve, restore and enhance biodiversity in accordance with national and local guidance, and proportionate to the nature and scale of the development (Policy 3c). 

Our enhancing biodiversity webpage provides further information and the latest advice regarding NPF4 and biodiversity enhancement. This includes our Developing with Nature guidance for local development applications, which sets out a number of common measures to enhance biodiversity that are widely applicable. It should be used alongside the local development plan and any guidance the Planning Authority may have prepared. Local Biodiversity Action Plans and specific species initiatives can also help identify species that are a priority for action and upon which enhancement might focus.

When a development could affect pine martens

Pine martens are widely distributed throughout much of mainland Scotland and the islands of Skye and Mull, and the distribution continues to expand. The largest current gaps in range are in the Central Belt and southern Scotland. For an up to date map of pine marten distribution see Living with Pine Martens (The Vincent Wildlife Trust 2014). Local Record Centres may have additional information that can help determine if pine martens are likely to be present. See also the Atlas of the Mammals of Great Britain & Northern Ireland (The Mammal Society/Pelagic Publishing 2020).

Pine martens are mainly found in woodlands, including conifer plantations. They may also venture into more open country to hunt, including rocky hillsides. Their dens are usually hollow trees, among rocks or in disused bird nests or squirrel dreys. In some parts of Scotland, pine martens use enclosed spaces in buildings as dens.

A pine marten survey should be carried out if a proposal is in, or adjacent to, forest habitat within the pine marten range, and includes felling or other works that could damage or disturb a den.

Carrying out a pine marten survey

Surveys should be done by persons with the appropriate knowledge of pine marten ecology and practical experience of pine marten survey work. They include a systematic search for signs of pine marten presence and potential den sites within 250m of a development. Pine martens are elusive and largely nocturnal, which makes them difficult to see, but their scats are often quite distinctive and the most commonly encountered field sign. Scats are most easily found along forest tracks, though frequent vehicle use can remove signs. Pine martens are active all year round but are best surveyed between May and September, and ideally in June-August when scats are most abundant.

The use of hair tubes and remote infra-red cameras can also be used to confirm the presence of pine martens. Camera traps can also be used to confirm the occupation of den sites and to determine if they are being used for breeding (March-June inclusive). Using camera traps close to a potential breeding den can cause disturbance and will require a survey licence from NatureScot (contact [email protected]).

UK BAP Mammals: Interim Guidance for Survey Methodologies, Impact Assessment and Mitigation, a book published in 2012 by the Mammal Society, is a useful resource providing further detail on survey methods.

The survey information needs to be sufficiently up-to-date when a planning application is submitted. Pre-application pine marten surveys normally remain valid for two more survey periods, and should be repeated if the application is going to be delayed beyond the start of a third survey period. Unless it is clearly evident that there has been no substantive change in number, distribution or activity of pine martens since the original survey was undertaken.

Reporting survey results

If a development proposal has needed a pine marten survey, a survey report must be submitted as part of the planning application. The report should include:

• names and experience of surveyors;
• details of any information gathered from Local Record Centres or other sources;
• descriptions of habitat surveyed and any limitations to the survey, such as access;
• survey methods, including survey area, date, time and weather conditions;
• a map showing pine marten habitat and the location of pine marten signs and any dens in relation to the development;
• an assessment of how the development might affect pine martens.

If pine martens could be affected by the proposal, the report must include a protection plan. The plan should include:

• measures proposed to minimise impacts on pine martens, including annotated maps and/or photographs showing the location of any measures proposed and how they relate to survey information and construction work;
• a summary of any residual impacts once the above measures are taken into account;
• details of any licensing requirements.

Measures to minimise impacts and provide enhancement for pine martens

Measures to minimise impacts on pine martens should follow a hierarchy of avoidance, mitigation and compensation/enhancement:

Avoidance

• Design the development and construction methods to avoid the felling of trees and ground works within forest habitat.

Mitigation

• Mark work exclusion zones around any pine marten dens. For dens where pine martens aren’t breeding, the boundary of the exclusion zone should be a minimum of 30m from the den. An exclusion zone of at least 100m is necessary where dens are known or suspected of being used for breeding, and works in the breeding season cannot be avoided (March-June inclusive). Where exclusion zones of the required size aren’t possible, works will require a licence from NatureScot before they can proceed.

Occasionally the translocation of animals is proposed as a possible form of mitigation. Such ‘mitigation translocations’ tend to be high risk, complex and expensive activities for which there is limited evidence of their effectiveness. In situations where these may be considered as a last resort, then the guidance and legal framework set out in the Scottish Code for Conservation Translocations should be followed. Mitigation translocations will often require a licence from us.

Compensation and enhancement

• Erect breeding boxes to replace any natural dens that have to be destroyed. The destruction of a den will require a licence from NatureScot.
• Create new woodland habitat where there is significant tree felling and loss of existing habitat.

Further detail regarding these measures can be found in UK BAP Mammals: Interim Guidance for Survey Methodologies, Impact Assessment and Mitigation (The Mammal Society 2012).

For all development proposals where pine martens are a consideration, pre-construction surveys should be timetabled into project plans. This is to enable checks for any new dens that may have become occupied after the original survey, and to ensure the measures proposed to minimise impacts on pine martens remain appropriate. Pre-construction surveys should be completed as close to the start of works as possible, and always within the most recent survey period.  

Licensing development works affecting pine martens

Licences for development works that would otherwise result in an offence with respect to pine martens can only be issued if:

a) the development will give rise to significant social, economic or environmental benefit (see Protected Species Licensing: Licences for ‘social, economic or environmental purposes’) and

b) there is no other satisfactory solution.

For advice on whether or not a licence is likely to be granted, planning applicants and planning officers may contact the NatureScot licensing team. An up-to-date pine marten survey and a pine marten protection plan for the proposed development must be submitted with the enquiry, together with details of the development proposals. We would normally only expect these enquires when proposals may reduce available pine marten habitat to such an extent that the local population viability may be affected and/or trapping and translocation may be required.

Guidance on applying for a pine marten licence for development purposes, along with the application form can be found on our website.

For further information on protected species licensing see Protected Species Licensing: Legislation, Appropriate Authorities and Licensing Purposes.

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