You can only use this licence to exclude badgers or destroy setts between 1 July and 30 November. At others times you must apply for an individual licence for these purposes.
You must apply to become a registered user of this licence and notify Natural England when you use it.
As a registered user you can interfere with badger setts under this licence to carry out development work or stop badgers causing serious damage by:
- monitoring setts using ‘soft-blocking’ techniques (temporary blocking with loose soil or vegetation) or inserting inspection equipment
- evicting and excluding badgers from setts using one-way gates
- destroying setts
This class licence replaces the need to apply for an individual licence each time you need to interfere with badger setts.
You can carry out works 5 working days after submitting a site notification, unless you hear from Natural England to say you can’t. You must submit:
- a report form of your actions 14 working days after completing works
- an annual report form to stay registered to use this licence
Natural England will make the licence, site notification form and report form available to you once you’ve registered to use this licence. The licence is free of charge.
Criteria to get registered
You can apply to be a registered user of this licence if you’ve:
- held at least 4 licences to close badger setts within the last 5 years (‘eligible licences’)
- successfully excluded badgers from 4 different sites, which include a main sett at 2 of the sites
- proven experience from previous licences of using one-way gates to exclude badgers from setts
- designed competent schemes in your method statements to show you can exclude badgers from setts without causing harm
- met the deadlines for submitting licence return forms with full details of action you’ve taken under licence
- had no enforcement action taken against you for any wildlife licences you’ve held
- had no convictions of wildlife-related or animal welfare offences in the last 5 years
- evidence that you’re a full member of a professional body (or an associate member for at least 3 years) such as the Chartered Institute of Ecology and Environmental Management (CIEEM) or Royal Institution of Chartered Surveyors (RICS) with authority to handle misconduct
You can still apply even if you:
- don’t hold the required number of badger licences
- aren’t a member of a professional body
You’ll need to provide alternative evidence which meets the criteria. If you’re not a member of a professional body you’ll need to show how an appropriate third party would investigate malpractice.
Email Natural England at email@example.com if you have a disability that makes it difficult for you to meet these criteria. Natural England will consider your request on its merits.
Apply to register
You can apply to register by using either of the following:
Discretionary advice service (DAS)
This service costs £220 + VAT.
Email Natural England firstname.lastname@example.org with your:
- completed DAS application form
- reference numbers of 4 eligible licences
- evidence of your membership to a professional body
Natural England will decide if you’re eligible to become a registered user of this licence based on your previous badger licence applications. You’ll get a letter within 15 working days to either:
- tell you that you’re eligible to submit a formal application
- help you revise your submission, if you’ve not met the criteria
If you’re eligible to register email Natural England email@example.com with:
Natural England will confirm that you’re registered to use this licence within 5 working days, if there’s been no change to your circumstances.
The formal route
This service is free.
You’ll need to provide Natural England with copies of:
- 4 eligible licence applications with method statements in the last 5 years
- each eligible licence and any advice Natural England gave you when each licence was granted
- each licence return form of the action you took under licence
- all correspondence between you and Natural England regarding each eligible licence
- proof of membership of an appropriate professional body, such as CIEEM or RICS
Send your documents and a completed formal application form by email to Natural England firstname.lastname@example.org. You must send your documents electronically.
Natural England will review the information you’ve submitted and send you an email within 30 working days to tell you if you’ve been registered to use this licence.
If your formal application failed
You can re-apply for registration to use the badger class licence CL35 if you failed to meet the criteria the first time round.
You can use the DAS at any time for help with your application. You can choose to apply for an individual licence to interfere with badger setts for development purposes or to prevent serious damage.