The Eurasian Badger belongs to the Mustelid family and is related to the Otter (Lutra lutra), Weasel (Mustela nivalis), Stoat (Mustela erminea), Pine Marten (Martes martes) and Polecat (Mustela putorius). The Badger is the UK’s largest native carnivore, measuring almost a metre in length and weighing on average 11 kg, but ranging between 8 and 22 kg.

Badgers are found throughout the UK, but are less common in East Anglia and Scotland. The total British population is estimated at approximately 300,000 animals living in 50,000 social groups or clans.

Badgers are predominantly nocturnal, using a network of setts as daytime cover and for breeding purposes. A clan of Badgers occupies a territory which may contain several types of sett which are categorised below in order of significance:

Main Setts are typically large and are used throughout the year including use for breeding purposes.

Annexe Setts may be quite close to the main sett and can be used as an alternative breeding sett.

Subsidiary Setts are further away from the main sett, are smaller and not continuously active.

Outlier Setts are small, situated at the edge of the territory, and infrequently used.

Badgers prefer to excavate setts in woodland, hedgerows or scrub, though they can be found in a wide variety of habitats, provided the soil is relatively easy to dig. Main setts are often located at the interface between woodland (for cover) and grassland (for foraging). The extent of the territory will depend largely upon the suitability of the habitat, the availability of food and the density of Badger clans.


Badgers were first given protection by the Badgers Act in 1973. The Wildlife and Countryside Act 1981 and Wildlife (Northern Ireland) Order 1985 strengthened this protection with the aim of preventing digging for Badgers with dogs. In 1991, amendments to existing legislation provided both Badgers and their setts year-round protection from any form of damage, destruction, obstruction and disturbance through the Badgers Act 1991. These Acts were consolidated by the 1992 Protection of Badgers Act. The Act makes it an offence to, or to attempt to:

willfully kill, injure, or take any Badger;

possess any dead Badger or part of one;

possess or control a living, healthy Badger;

intentionally or recklessly damage, destroy or obstruct access to a sett, or disturb a Badger whilst it is occupying a sett.

It is important to note that a sett is defined as ‘any structure or place which displays signs indicating current use by a Badger’. In this context ‘current use’ is usually defined as within the last twelve months. This includes day nests which may be made in secluded spots above ground.

When considering planning applications, the authorities are required by law to take account of protected species and the conservation of habitats. A detailed ecological survey is usually required before planning permission can be granted.


Surveying for Badgers can be undertaken at any time of year but if bait marking is required this should be conducted during spring and autumn. The surveying process involves conducting an initial survey to determine whether the area is suitable for Badgers, followed by a more detailed survey to gather evidence of current activity.

All habitats suitable for Badger setts and foraging are recorded, plus signs of Badger activity such as sett holes, prints, latrines, and runs with evidence of use by Badgers.

Phase Two Survey. Those habitats identified as suitable for Badgers through an initial survey are revisited during spring and autumn when Badger activity is most evident. A thorough search is conducted to record all setts within the area, the number of holes of each, level of activity, and evidence of recent use. Bait marking is also used to determine sett status and the extent of the foraging area. Setts may need to be monitored over a period of time to confirm activity.




No potentially disturbing or damaging work, including mitigation measures, may be conducted near an active sett during the period when female Badgers are gestating and cubs are born (December to June inclusive). If there is no choice but to close an active sett, a licence can be granted for sett exclusion. This often involves the construction of an artificial alternative sett, which should be built at least six months prior to sett exclusion. The exclusion process takes a minimum of four weeks and can only take place between the beginning of July and the end of November.

Work that disturbs Badgers whilst occupying a sett is illegal without a licence. Licences may be granted by Natural England, Scottish Natural Heritage and the Countryside Council for Wales, to permit works such as:

using very heavy machinery within 30 metres of any entrance to an active sett;

using lighter machinery, particularly for digging operations, within 20 metres;

light work such as hand digging or scrub clearance within 10 metres.

In order to grant a licence, Natural England requires detailed information, including information on the status, location and use of any setts that will be affected by the works; planning information; proposals for mitigation measures, such as sett exclusion and artificial sett construction where necessary; and dates when work will be carried out. Licensing and mitigation measures often take several months to complete and should be planned well in advance.

Applications for licences must be submitted to Natural England by a competent ecologist, i.e. a person able to demonstrate to the satisfaction of Natural England that they have the relevant skills and knowledge of the species concerned.