Standing advice for planning consultations - Wildcats

This is standing advice to help planning applicants seeking permission for development that could affect wildcats 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 wildcats. 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 requires that the presence (or potential presence) of legally protected species is factored into the planning and design of development proposals and that any impacts on protected species are fully considered prior to the determination of planning applications.

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 wildcats

There is no change to the protection of European Protected Species (EPS) as a result of EU Exit.

Wildcats are classed as EPS under the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended). It is therefore an offence to deliberately or recklessly:

• kill, injure, capture or harass a wildcat;
• disturb a wildcat in a den or other structure or place it uses for shelter or protection, or while it is rearing or otherwise caring for its young, or in any way that impairs its ability to survive or breed, or significantly affects the local distribution or abundance of wildcats;
• obstruct access to a wildcat breeding site or resting place, or otherwise prevent their use.

And whether or not deliberate or reckless:

• to damage or destroy a wildcat breeding site or resting place.

This means that if wildcats 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 wildcats are minimised and no offences occur.

When a development could affect wildcats

Wildcats have an uneven distribution across the mainland of Scotland north of the Highland Boundary Fault. However, our knowledge of the wildcat range is patchy because they are very difficult to see, and to distinguish from hybrids that are the result of mating with domestic cats. For an up to date map of wildcat distribution see the Scottish Wildcat Action website. The map indicates the broad pattern of distribution across Scotland but cannot provide detailed information for individual development sites. Local Record Centres may have additional information that can help determine if wildcats are likely to be present on a development site. See also the Atlas of the Mammals of Great Britain & Northern Ireland (The Mammal Society/Pelagic Publishing 2020).

Wildcats mainly occur along woodland edge or in areas where there is a mosaic of habitats including woodland, scrub, rough grassland and moorland. They avoid high mountain areas and intensive agriculture, industrial and urban areas. Wildcat dens are normally found amongst rocky boulders, in tree hollows or under tree roots or dense scrub. They may also use fox earths, badger setts and rabbit burrows.

A wildcat survey should be carried out if a development is in suitable habitat within the wildcat range.

Carrying out a wildcat survey

Surveys should be done by persons with the appropriate knowledge of wildcat ecology and practical experience of wildcat survey work. Wildcats can be surveyed all year round, though the best time to survey is in the autumn/winter when vegetation has died back and potential den sites and other signs are easiest to find. An initial walk–over survey should be carried out to establish if there are any signs of wildcat presence and potential den sites on or close to a development site, and the extent of wildcat habitat that might be affected.

A more detailed survey using remote cameras or genetic testing will only be required where there is a need to check evidence of a potential wildcat den that might be damaged or disturbed. The use of trail cameras to check potential wildcat dens can cause disturbance and will require a survey licence from NatureScot (contact [email protected]). This intrusive method should only be used where confirming the status of a den is essential in designing appropriate mitigation.

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

Further advice is provided in our guidance note Wildcat Survey Methods.

Reporting survey results

If a development proposal has needed a wildcat 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 any wildcat signs and dens in relation to the development;
• an assessment of how the development might affect wildcats.

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

• measures proposed to minimise impacts on wildcats, 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.

Where a survey has found no potential dens or evidence of the presence of wildcats on the development site, but there are recent sightings that suggest wildcats may nevertheless be using the site, you should still employ the measures below as a precaution where applicable.

Measures to minimise impacts on wildcats

Measures to minimise impacts on wildcats should follow a hierarchy of avoidance, mitigation and compensation:

Avoidance

• Design the development and construction methods to avoid damage or disturbance to wildcats and wildcat habitat.
• Restrict work to daylight hours.

Mitigation

• Mark a 200m work exclusion zone around any wildcat dens. Where a 200m exclusion zone is not possible, works will require a licence from NatureScot before work can proceed.
• Cap exposed pipe systems when contractors are off site, and cover or provide exit ramps from exposed trenches or holes, to prevent wildcats becoming trapped.
• Minimise external lighting and noise from generators at night.

Compensation

• Construct artificial dens to replace any natural dens that have to be destroyed. The destruction of any dens will require a licence from NatureScot.
• Restore or improve habitat to replace lost habitat or habitat connectivity.

For all development proposals where wildcats 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 wildcats remain appropriate. Pre-construction surveys should be completed as close to the construction period as possible, and no more than 3 months before the start of works.  

Licensing development works affecting wildcats

Licences for development works that would otherwise result in an offence with respect to EPS, such as wildcats, can only be issued if it can be demonstrated that the following three tests are all met:

Test 1 - that the purpose of the licence is to preserve public health or public safety or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment.

Test 2 - that there is no satisfactory alternative.

Test 3 – that the proposed action will not be detrimental to the maintenance of the population of the species at a favourable conservation status in their natural range.

There is a presumption against licensing disturbance to breeding wildcat or damage/destruction of a wildcat den while it is being used for breeding. Any licensed activity in these circumstances would have to wait until the wildcats had finished breeding.

For advice on applying Tests 1 and 2 see our guidance European Protected Species Licensing Test 1 – Licensable Purpose and European Protected Species Licensing Test 2 – No satisfactory alternative. For advice on applying Test 3 and 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 wildcat survey and a wildcat 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 lead to the damage or destruction of a wildcat den, or may restrict access by wildcat to their den.

Guidance on applying for a wildcat 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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