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This is Natural England鈥檚 鈥榮tanding advice鈥� for hazel (common) dormice. It is a material planning consideration for local planning authorities (LPAs). You should take this advice into account when making planning decisions. It forms part of a collection of standing advice for protected species.

You should read this guidance alongside Protected species and development: advice for local planning authorities.

Following this advice:

• avoids the need for you to consult on the impacts of planning applications on hazel dormice in most cases
• can help you make decisions on development proposals

You may need a qualified ecologist to advise you on the planning application and supporting evidence. You can find one using either the:

Qualified ecologists should read the Hazel Dormouse Mitigation Handbook and the Hazel Dormouse Conservation Handbook, third edition.

How hazel dormice are protected

Hazel dormice are a European protected species protected under the Conservation of Habitats and Species Regulations 2017.

It is an offence to:

• deliberately kill, injure, disturb or capture them
• damage or destroy their breeding sites and resting places (including when hazel dormice are not present)听
• possess, control or transport them (or any part, alive or dead)听
• sell, exchange or offer for sale or exchange

It is also an offence under the Wildlife and Countryside Act 1981 to intentionally or recklessly:听

• disturb them while they occupy a structure or place used for shelter or protection听
• obstruct access to a place used for shelter or protection听
• possess or transport them (or any part, alive or dead)听
• sell, offer or publish an advert to sell them

Hazel dormice are included on the list of species of principle importance in England under section 41 of the Natural Environment and Rural Communities Act (2006). They are also listed as vulnerable on the . You must consider the conservation of hazel dormice as part of your planning decision. Find out more about your biodiversity duty.

The developer must comply with the legal protection of hazel dormice.

The developer may need a hazel dormice mitigation licence to carry out their development proposal.

When to ask for a survey

You should ask for a survey if either of these apply:听

• distribution and historical records suggest hazel dormice may be present - you can by species and location听
• the development proposal will affect an area of woodland (including deciduous, conifer or mixed woodland), hedgerow or scrub

Absence of a record does not mean there are no hazel dormice. It could mean there is no survey data available for that location.

Surveys need to show whether hazel dormice are present in the area or nearby, and how they use the development site.

Survey work can include:

• visual searches for nests and opened hazelnuts - for smaller projects, such as creating gaps in hedgerows or removing a small amount of bramble scrub
• using nest tubes or boxes, or footprint tracking tunnels - for more damaging projects or licence applications

If hazel dormice are found on part of the development site, you can assume they鈥檙e present in suitable habitats on the whole development site.

Unless the development proposal will have a low impact on hazel dormice, the survey should also include an assessment of the development site鈥檚 importance. Factors to consider include:

• the presence of other hazel dormouse populations in the area听
• whether hazel dormice are widespread or limited to a few sites听
• the known range of the hazel dormouse
• habitat composition - this should include tree and shrub听species present and habitat structure听
• how and how well habitats are connected听
• predicted hazel dormouse population numbers based on habitats present

The survey should be from the current or previous active season. Surveys up to 3 years old are acceptable if the habitats have not significantly changed.

You must check if the ecologist is qualified and experienced to carry out surveys for hazel dormice. CIEEM publishes:

• advice on the

These documents may not be accessible to assistive technology.

Assess the effect of development on hazel dormice

Developers should submit information with their planning application on how their development proposal avoids or mitigates harm to hazel dormice.

Activities can harm hazel dormice if developers:

• handle them
• disturb them, for example from noise and using light or woodland and hedgerow management
• remove habitat, such as clearing woodland for a new road causing habitat fragmentation and isolating dormice populations
• remove foraging habitat
• remove or change habitats in a way that affects the hazel dormouse population and increases the risk of death听
• remove hedges or other linear habitat that links populations

Post-development effects could include increased:

• disturbance from people, for example from a new housing development
• risk from predators like domestic cats introduced by new homeowners

Avoidance, mitigation and compensation measures

Where possible development proposals should avoid negative effects on hazel dormice. Where this is not possible, the developer will need to include adequate mitigation or, as a last resort, compensation measures in their development proposal to allow you to make a planning decision.听

To avoid possible negative effects on hazel dormice, developers could redesign the development proposal to:

• leave dormice habitat in place
• alter the timing of works
• change the methods of working

Where this is not possible, mitigation and compensation measures could include:

• improving existing habitat, for example tree thinning, coppicing and new planting听
• creating new habitat by planting new areas
• installing dormouse nest boxes in places where interference by humans and domestic cats can be avoided听
• creating links to other habitats, for example green bridges across gaps in habitat of less than 100 metres (usually over roads or railway tracks)

Mitigation measures could also include coaxing the hazel dormice to a nearby location by clearing small sections of neighbouring habitat. All remaining habitat must either be large enough to support a hazel dormouse population, or be linked to other areas of habitat. Hazel dormice should not be left in small, isolated areas.听

If there is no reasonable alternative habitat close by, the mitigation proposal could include capturing hazel dormice and moving them to a different location, known as translocation. Natural England will only grant a licence to translocate hazel dormice as a last resort as they can become stressed easily. A specialist managing translocation should be familiar with:

• Reintroductions and conservation translocations in England听
• the IUCN Guidelines for Reintroductions and Other Conservation Translocations听
• the Hazel Dormouse Mitigation Handbook and the Hazel Dormouse Conservation Handbook, third edition

Measures should be taken to reduce hazel dormice鈥檚 stress, most importantly by feeding them natural food and releasing them in groups in late summer or early autumn The new habitat must be capable of supporting the hazel dormice. The proposal should include evidence that translocation would benefit hazel dormice conservation.

If translocating hazel dormice, the proposal will need a suitable receptor site. The new receptor site should:听

• not have a hazel dormouse population already听
• be ready before translocation takes place听
• be large enough to support an expanding hazel dormouse population听
• be connected to other areas of habitat within the wider landscape听
• ideally have a diverse structure and species of plants suitable for hazel dormice

For more information on mitigation plans and compensation measures, read section 3 of protected species and development: advice for local planning authorities.

Planning and licence conditions

The developer may need to apply for a hazel dormice mitigation licence if their activities are likely to affect hazel dormice. You may also need to add mitigation or compensation strategies as a condition of planning permission.

Before you can grant planning permission, you must:

• work with the relevant ecologist to make sure these conditions do not conflict with the requirements of the hazel dormice licence听
• be confident that Natural England will issue a licence 鈥� read section 4 of Protected species and development: advice for local planning authorities

You do not need to consult Natural England on the wording or discharge (approval) of any conditions you impose on a development proposal. Natural England is unable to provide advice on this.

Natural England will not generally issue a licence until planning conditions relating to protected species have been discharged. This applies to conditions that are intended to be and capable of being discharged before development begins.听

Natural England will only confirm if you need a licence when the development proposal is a Nationally Significant Infrastructure Project (NSIP).

Enhance biodiversity

To meet your biodiversity duty, you should suggest ways for the developer to:

• create new or enhanced habitats on the development site听
• achieve improvements in biodiversity through good design听
• follow other relevant plans and strategies for nature

Site management and monitoring

You should consider the need for site monitoring and management. These measures are likely to be needed by protected species licences.

A site management and monitoring plan should include:

• monitoring the status of the hazel dormouse population before, during and after construction听
• managing vegetation
• checking the availability of foraging and nesting habitats听
• monitoring how effective the mitigation or compensation strategy is, for example by checking nest boxes as part of the National Dormouse Monitoring Programme - remedial work should follow if needed.

The site should be monitored for long enough to听determine the success of the measures proposed, and take remedial action when necessary. The site management and monitoring plan should make clear who is responsible for each action.