Badgers are widespread and common in Britain and the law is not intended to stop development. However, badgers and their setts are afforded legal protection and badger surveys are required to confirm whether any badgers setts could be adversely affected by development projects so that suitable avoidance or mitigation measures can be put in place.
Badger surveys can be conducted at any time of the year and involve a field survey to map any badger activity in the area including setts, paths, latrines and foraging signs.
If an active badger sett is present a licence may be required from Natural England to disturb or close the sett. Licences can only be issued after planning permission has been granted. If a badger sett is likely to be used for breeding, a licence will only be granted for works to be undertaken between the months of July and November, inclusive.