Non-Licensed Method Statements (NLMS)

When protected species are present on or near a development site, it is not always necessary to apply for a formal mitigation licence from Natural England. In many cases, Southwest Environmental Limited (SWEL) can help you proceed legally and safely using a Non-Licensed Method Statement (NLMS), saving your project significant time and money.

What is a Non-Licensed Method Statement?

A Non-Licensed Method Statement (often referred to as a Precautionary Working Method Statement or Reasonable Avoidance Measures - RAMs) is a detailed working document. It outlines the specific steps your contractors must take to avoid harming protected species or their habitats during construction.

By strictly following these measures, you can ensure that the risk of committing a wildlife offence is reduced to an absolute minimum, thereby removing the legal requirement for a full Natural England mitigation licence.

When is an NLMS Appropriate?

An NLMS is typically used when the impact of a development is low, or when works can be timed and managed to completely avoid disturbing the species. Common scenarios include:

• Nesting Birds: Scheduling vegetation clearance outside of the core breeding bird season (March to August), or requiring a nesting bird check by an ecologist immediately prior to works.
• Reptiles and Amphibians: Implementing directional vegetation clearance (strimming) and habitat manipulation to safely encourage animals to move away from the construction zone of their own accord.
• Badgers:Undertaking works near a sett, but keeping construction traffic, excavations, and heavy machinery outside of the required protection buffer zones (typically 10 to 30 meters).
• Bats: Working on roofs or felling trees near where bats are known to forage or commute, provided no actual roosts will be destroyed, altered, or disturbed by noise and lighting.

What Does the Method Statement Include?

SWEL prepares robust, practical method statements tailored to your specific site and development plans. A typical NLMS will outline:

• Toolbox Talks: A mandatory briefing given to all site workers by a qualified ecologist before works begin, detailing what species to look out for, their legal protections, and what to do if they are found.
• Ecological Clerk of Works (ECoW): On-site supervision by a SWEL ecologist during high-risk phases of construction, such as topsoil stripping or dismantling old stone walls.
• Sensitive Timing: A strict schedule dictating when certain works can and cannot happen (e.g., avoiding winter hibernation periods).
• Safe Working Practices: Specific instructions for plant machinery, safe materials storage, and ensuring trenches are covered or have escape ramps installed overnight to prevent animals from becoming trapped.

Frequently Asked Questions

Is an NLMS faster than a Natural England licence?

Yes. Applying for a formal Natural England mitigation licence can take upwards of 30 to 40 working days to be processed and approved after submission, and can only be applied for once full planning permission is granted. An NLMS is usually agreed upon at the local planning authority level (often discharging a planning condition), allowing your contractors to start works much sooner.

What happens if a protected species is found during works?

If a protected species is discovered while working under an NLMS, all works in the immediate area must stop instantly. The supervising ecologist (or SWEL) must be contacted immediately for advice. In some cases, works may only resume once a formal Natural England mitigation licence has been obtained.

Will an NLMS guarantee my planning permission?

Local Planning Authorities look favorably on well-crafted RAMs and Method Statements because they demonstrate a developer's commitment to biodiversity. While it doesn't guarantee permission on its own, it is often a critical piece of evidence required to satisfy the local council's ecological officer.

Contact Us for Ecology Support

If your planning permission has been granted subject to a Precautionary Working Method Statement, or if you need advice on avoiding impacts to protected species to speed up your timeline, SWEL can help.

Call us: 01392 927961 (Exeter) | 01173 270092 (Bristol)