Bat survey

[brack team]

Hi,

We have a number of trees that have been surveyed and require felling. The issue is that they want to carry out a bat survey prior to any works.

Due to trees being dangerous, where do we stand if we remove the trees either before or after the survey?

Thanks,

brack team

[TGB]

Are there any present sings if bats in said trees or neighbouring trees that would be disturbed by the felling? If there are bats in residence, you better be mighty careful around them; don't want to be dragged through the mire over bats.

[scarebit72]

I would speak to either Natural England or Natural Resources Wales, they deal with the protection of wildlife. If the trees are an immediate threat to public safety this can override other considerations but if there is good cause to think bats are present I would be very careful. I am guessing here, but I think the only realistic survey that could be carried out at this time of year is a hibernation survey anyway.

Who wants the survey to be carried out?

[sloth]

If they pose an immediate risk to life then just crack on. If the pre work survey strongly suggests the presence of bats, you'd then do well to contact a licensed bat handler for further advice. Have a look at the arb association's bat survey guide, very concise and only about a tenner

[daltontrees]

Hi,

We have a number of trees that have been surveyed and require felling. The issue is that they want to carry out a bat survey prior to any works.

Due to trees being dangerous, where do we stand if we remove the trees either before or after the survey?

Thanks,

brack team

 

If you disturb or harm bats or their roosts you will be in breach of the Wildlife & Countryside Act. The penalties are up to £5,000 per bat, 6 months in prison and or having all your gear confiscated.

[oslac]

There are dangerous trees and then there are dangerous trees. What is the risk of failure and what is the target. If there is an imminent risk of the tree failure, I suggest you contact a licensed bat expert pretty quickly. They will be able to survey the tree for hibernating bats. If bats are present, a mitigation licence will be required to move them which will involve Natural England.

 

My view would be to establish the potential risk of tree failure.

Isolate the tree/s if necessary or possible.

Call in a licensed bat expert to survey trees for hibernating roosts.

Take advice from bat expert as to what happens next.

 

If the tree requires felling immediately, I would still consult with a licensed bat expert who would need to be present at the time of felling.

 

It is illegal to disturb a bat roost and disturbance could be in the form of vibration caused by nearby chainsaws or the removal of branches. I suggest you tread very carefully.

 

www.gov.uk/bats-protection-surveys-and-licences

[jaime bray]

Lets say for instance that the root plate of said tree is moving in a mild breeze, or the main fork had split and both stems are still intact but are swaying and clearly failure is imminent in the next hour then that may constitute a dangerous tree.

 

If said tree is growing next to the m25 and is likely to fall onto the motorway if they do go, or fall onto a railway track, that would constitute a situation whereby were you to fell the tree and bats were present, is highly unlikely that you would be prosecuted under waca. All related to value of loss of human life over bats life

 

I'm sure there is case law about something similar.

 

This is an opinion, and do not take it that you are safe to carry out work on this comment. I know nothing about the particulars of your scenario

Edited February 26, 2015 by jaime bray

[jaime bray]

P.s I wouldn't want to test the theory in court.

 

If the trees are in danger of causing an accident or loss of human life due to imminent failure, take loads of pictures of tree failure, log all calls made to relevant people, names, times, details of conversations. Proceed with great caution.

[jaime bray]

To try and convey the message of dangerous trees in situations where by you would be highly unlikely to get fined under WACA, think of it to this extent, road traffic accident, car or wagon etc hit a tree. Crash emergency teams under tree, tree looks like it about to fall over, if bats present the tree would get felled.

 

I doubt you would get fined if you were saving the lives of car crash victims, emergency crew etc. It's to that extent that dangerous trees should be deemed dangerous when other legal constraints are present in a particular situation.

Edited February 26, 2015 by jaime bray

[jaime bray]

Hasten to add, in all of the above situations, you would still have committed a criminal act if bats were present. But would have significant weight towards your defense, were you to be taken to court.