Headline advice note for developers
Amphibians
The notes below give headline advice only and may not include the latest information as legislation
and guidance is subject to change. Please seek professional advice.
When do I need to consider Amphibians?
There are seven native amphibians found within the UK, and five within Devon:
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Great crested newt
Common frog
Common toad
Palmate newt
Smooth newt
Great crested newts (GCNs) are the only amphibians protected under European legislation. Common toads
are a UK priority species for conservation. If you are carrying out any work that could harm them or their
habitats you should obtain advice from a suitably experienced and licensed ecologist.
GCNs are on the edge of their UK range in Devon and there is no evidence that they have ever been
widespread. A significant proportion of the county’s geology (acid granite) provides unsuitable habitat.
Toads are widespread.
Amphibians (including great crested newts and toads) are found in aquatic and terrestrial habitats including
ponds, ditches, rough grassland (including allotments), hedgerows, woodland, scrub, log piles and gardens.
Activities that could harm GCNs and toads include:
 Loss of habitat.
 Habitat fragmentation such as severance of ponds from other habitat.
Pollution of aquatic habitats
A simple way of knowing whether you need to obtain advice is to fill in the Devon Wildlife Trigger
Table (most of the impacts listed are relevant to GCN and toads). If you are applying for planning
permission from DCC please follow the Wildlife Planning Guidance for Applicants. If applying for
planning permission from another LPA please follow their guidance. If you are taking forward a DCC
project that doesn’t need planning permission please follow the internal Environmental Review
guidance.
If GCN are found then works should stop immediately and a GCN consultant
brought in to advise.
Basic ecology – Great Crested Newts
GCNs are in serious decline due to loss of suitable habitat. They are the UK’s largest newt with distinctive
‘granular’ skin.
They spend the winter in hibernation and begin to congregate in breeding ponds from late February
(depending on weather conditions), leaving again between May and July. GCNs rely on terrestrial habitats
for foraging and hibernation, taking refuge in places which are protected from frosts and flooding (e.g. under
logs and in small mammal burrows).
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Surveys for GCN - quick overview
As GCN distribution is restricted within Devon you should check the
GCN consultation zone map to confirm whether the development is
within 2km of a confirmed breeding pond. Any site within the
consultation zone that contains a pond or wetland, or is within 500m of
suitable breeding habitats (e.g. ponds, ditches etc.) should be
surveyed. HOWEVER this is guidance only and with the introduction
of DNA testing currently being revised.
An initial survey method for GCN includes assessing the Habitat
Suitability Index (HSI) to measure the suitability of any ponds to
support GCN. If they are suitable then further survey is needed during
the spring / summer. This may include:
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Bottle-trapping - leaving partially submerged bottle traps in
ponds overnight, checking for presence of newts the following
morning.
Egg searching - checking submerged vegetation for distinctive
eggs. Substitute ‘egg strips’ can be used if vegetation is lacking
in ponds.
Torch survey - detecting presence of GCN using high power torches.
Hand-netting - capturing newts within ponds to confirm presence.
DNA testing
A minimum of four site visits using at least three recognised survey methods in suitable weather
conditions (at least two visits between mid-April and mid-May) is required to determine the
presence/absence of newts in ponds. Six surveys (at least three visits between mid-April and mid-May) are
required to make a population size assessment - required for mitigation and licensing (see below)
Survey of terrestrial habitat includes pitfall trapping and refuge searching. Surveys are dependent on
weather conditions and timing.
Legislation and licensing - headlines
Species legislation
GCNs and their habitats are protected under European and national legislation - the Conservation of
Habitats and Species Regulations 2010 (as amended) and the Wildlife and Countryside Act 1981 (as
amended), They are therefore a European Protected Species (EPS). It is an offence to:
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capture, injure, kill, or disturb GCN
obstruct access to their resting or sheltering places
damage or destroy a breeding site or resting place..
Note that this is a simplified explanation of the legislation. If an activity is likely to result in any of the above
please discuss this with your dormouse consultant.
Licences
Activities likely to result in an offence will require a mitigation licence from Natural England. In order to
obtain a licence three tests must be met:
1. The consented operation must be for ‘preserving public health or public safety or other imperative
reasons for overriding public interest including those of a social or economic nature and beneficial
consequences of primary importance for the environment’; and
2. There must be ‘no satisfactory alternative’; and
3. The action authorised ‘will not be detrimental to the maintenance of the population of the species
concerned at a favourable conservation status in their natural range’.
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Wherever possible avoidance and mitigation measures (see below) should be undertaken to reduce
impacts on GCNs and avoid the need for a licence. If an EPS licence is required for a development
which also requires planning permission the LPA will need sufficient information to consider whether the
three tests (see above) are met. If the tests are not met planning permission should not be granted. Note
that the licence cannot be obtained before planning permission is granted.
Under the Wildlife and Countryside Act 1981 (as amended), there is also statutory protection for smooth and
palmate newts and common frogs and toads, making it illegal to sell these species.
Priority species
GCNs and common toads are also identified as UK priority species. Public bodies (including LPAs) must
have regard to their conservation in fulfilling their duty under the Natural Environment and Rural
Communities (NERC) Act 2006.
Avoidance, mitigation, compensation and enhancement measures
Example measures are given below. However these are for illustrative purposes only and you should
follow the advice given by your ecological consultant. Further information can be found in Natural England’s
Standing Advice.
Examples of avoidance measures:
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Design the scheme in order to protect amphibian habitats.
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Fence the development site to ensure that any GCNs in surrounding habitat can’t be harmed.
Examples of mitigation measures:
 Time work to avoid sensitive times. Work on ponds is best carried out between November and
January when they are unlikely to be present..
Examples of compensation & enhancement measures
 Habitat creation including terrestrial and aquatic habitats
 If the separation of breeding ponds of amphibians from their feeding/wintering areas by
development, such as a road, is unavoidable, tunnels and fencing can be used to channel animals
into safe crossing points. As with all such projects it is relatively inexpensive when included in a
large scale development, but more complicated to add onto a finished scheme.
Where GCNs are translocated to a new site this will be done under licence and licence requirements such as
long term management of the new site will need to be met.
Although the habitat of common toad or frog and smooth or palmate newts is not specifically protected by
law, the loss of ponds has resulted in an alarming decrease in numbers of previously common species.
Therefore, if at all possible, try to retain any ponds and a suitable amount of surrounding vegetation,
as amphibians live and feed on dry land for most of the year. If this is not possible, a new pond should be
created elsewhere on the site, or close by off-site, with arrangements made to transfer animals and plants in
the pond.
Amphibian virus diseases. There are two diseases that have been introduced into the UK on alien species
of amphibians that can prove fatal to the native British species. Do not move tadpoles or adults from other
ponds especially from out of the area and just allow what should be healthy specimens to find the pond
naturally. Never introduce alien species from garden centres or pet shops or by bringing home any from
abroad. The two diseases are Ranavirus and the Chytrid fungus Batrachochytrium dendrobatidis.
Disinfection of footwear and equipment should be carried out before entering new ponds. There is an
advice note on precautions available from Amphibian and Reptile Groups of the UK.
Non-native pond plants, e.g. Parrots Feather, Australian Stonecrop and Marsh Pennywort should not be
either introduced to new ponds or transplanted from ponds that are to be filled in. Similarly, the planting of
invasive marginal species such as Reed Mace (Typha), Bur reed (Sparganium) and Reed (Phragmites) is
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not recommended as they will soon take over a pond reducing the area for true aquatic plants, they are
almost impossible to eradicate and will soon turn small ponds into an area of marsh with no open water .
Where should I go for further information?
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Natural England (2012) Standing Advice Species Sheet – Great Crested Newts.
Natural England (2001) Great crested newts: mitigation guidelines.
Froglife (2001)The Great Crested Newt Handbook
Amphibian and reptile groups of the UK (ARG)
Froglife
Devon Biodiversity Records Centre
Devon Wildlife Planning Guidance
Biodiversity Planning Toolkit
Important note
Legislation, survey guidelines, species distribution and best practice mitigation may be subject to
change and this note may not necessarily include the latest information. Please seek professional
advice.
This Advice Note was produced by DCC’s Ecologist with input and advice from
Richard Green Ecology and information from Dorset County Council’s species
notes. If you have any comments on this Advice Note or ideas for improvement
please email [email protected]
October 2014
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