Licensing

The potential presence of dormice should be considered when a proposed development is likely to affect any type of woodland, hedgerow or scrub. Planning authorities should require applicants to check for the presence of dormice by a combination of field surveys and consultation with local records centres and/or the local wildlife trusts.

Developers should be not be required to undertake surveys for protected species unless there is a reasonable likelihood of the species being present and affected by the development (para 99, ODPM circular 06/2005).

Licensing

The dormouse is a European protected species, so it is protected from deliberate killing, injury or disturbance and its breeding sites and resting places are absolutely protected (there is no requirement to show that destruction was deliberate or reckless). Exactly what constitutes a breeding site or resting place for a dormouse has not been defined in case-law, but a narrow interpretation might include nests (summer or winter) currently in use or, perhaps, built or used during the current season.

When is a licence required?

It is recommended that a licence is applied for if, on the basis of survey information and specialist knowledge – it is considered that:

• The site in question is demonstrably a breeding site or resting place for dormice.
• The proposed activity is likely to result in an offence being committed.

Examples of works that are likely to need a licence include:

• Clearance of woodland inhabited by dormice for development or road schemes.
• Removal of hedgerows inhabited by dormice or building works.

No licence is required if the proposed activity is not going to result in an offence being committed. Note that if the proposed activity can be timed, organised and carried out so as to avoid committing offences then no licence is required. However, it is recommended that a licensed dormouse worker should be present or readily contactable should a dormouse nest be discovered.

Natural England – Wildlife Management and Licensing Service

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