SEVERN TRENT WATER LIMITED SALFORD PRIORS S 101A, A5S ...€¦ · SALFORD PRIORS SECTION 101A,...

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SEVERN TRENT WATER LIMITED SALFORD PRIORS S 101A, A5S/11519, WARWICKSHIRE PRELIMINARY ECOLOGICAL APPRAISAL OCTOBER 2015

Transcript of SEVERN TRENT WATER LIMITED SALFORD PRIORS S 101A, A5S ...€¦ · SALFORD PRIORS SECTION 101A,...

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SEVERN TRENT WATER LIMITED

SALFORD PRIORS S 101A, A5S/11519, WARWICKSHIRE

PRELIMINARY ECOLOGICAL APPRAISAL

OCTOBER 2015

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Wardell Armstrong Sir Henry Doulton House, Forge Lane, Etruria, Stoke-on-Trent, ST1 5BD, United Kingdom Telephone: +44 (0)845 111 7777 Facsimile: +44 (0)845 111 8888 www.wardell-armstrong.com

Wardell Armstrong is the trading name of Wardell Armstrong LLP, Registered in England No. OC307138.

Registered office: Sir Henry Doulton House, Forge Lane, Etruria, Stoke-on-Trent, ST1 5BD, United Kingdom

UK Offices: Stoke-on-Trent, Cardiff, Carlisle, Edinburgh, Greater Manchester, London, Newcastle upon Tyne, Sheffield, Taunton, Truro, West Bromwich. International Offices: Almaty, Moscow

ENERGY AND CLIMATE CHANGE

ENVIRONMENT AND SUSTAINABILITY

INFRASTRUCTURE AND UTILITIES

LAND AND PROPERTY

MINING AND MINERAL PROCESSING

MINERAL ESTATES

WASTE RESOURCE MANAGEMENT

DATE ISSUED: OCTOBER 2015

JOB NUMBER: ST13509

REPORT NUMBER: 001

SEVERN TRENT WATER LIMITED

SALFORD PRIORS SECTION 101A, WARWICKSHIRE

PRELIMINARY ECOLOGICAL APPRAISAL

OCTOBER 2015

PREPARED BY:

Mike Procter Ecologist

CHECKED BY:

Caroline Mellor Associate Director

APPROVED BY:

David Bridgwood Technical Director

This report has been prepared by Wardell Armstrong LLP with all reasonable skill, care and diligence, within the terms of the Contract with the Client. The report is confidential to the Client and Wardell Armstrong LLP accepts no responsibility of whatever nature to third

parties to whom this report may be made known.

No part of this document may be reproduced without the prior written approval of Wardell Armstrong LLP.

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SEVERN TRENT WATER LIMITED SALFORD PRIORS SECTION 101A, A5S/11519, WARWICKSHIRE PRELIMINARY ECOLOGICAL APPRAISAL

ST13509/001 OCTOBER 2015

CONTENTS

1 INTRODUCTION .................................................................................................................. 1

1.1 Terms of Reference ..................................................................................................... 1

1.2 Background Information ............................................................................................. 1

1.3 Site Context ................................................................................................................. 2

2 METHODOLOGY .................................................................................................................. 3

2.1 Desk Study ................................................................................................................... 3

2.2 Extended Phase 1 Habitat Survey ............................................................................... 3

2.3 Nomenclature.............................................................................................................. 4

2.4 Assessment Limitations ............................................................................................... 4

2.5 Quality Assurance & Environmental Management .................................................... 4

3 RESULTS AND EVALUATION ................................................................................................ 5

3.1 Statutory and Non- Statutory Designated Sites .......................................................... 5

3.2 Habitats ....................................................................................................................... 7

3.3 Species ....................................................................................................................... 13

3.4 Ecological Evaluation ................................................................................................. 16

4 DISCUSSION AND RECOMMENDATIONS .......................................................................... 20

4.1 Potential Constraints ................................................................................................. 20

5 ECOLOGICAL ENHANCEMENTS ......................................................................................... 32

5.1 Introduction............................................................................................................... 32

5.2 Habitats ..................................................................................................................... 32

5.3 Species ....................................................................................................................... 32

6 REFERENCES ...................................................................................................................... 33

APPENDICES

Appendix 1 Legislation and Policy Summary

Appendix 2 Non-Statutory Designated Site List

Appendix 3 Desk Study Bird Results List

Appendix 4 HSI Results

DRAWINGS

DRAWING NO. TITLE SCALE

ST13509/001 Extended Phase 1 Habitat Survey Results 1:1,000@A3

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1 INTRODUCTION

1.1 Terms of Reference

1.1.1 Wardell Armstrong LLP (WA) were commissioned by Severn Trent Water Limited to

undertake a Preliminary Ecological Appraisal of the proposed development site

‘Salford Priors, Section 101A’, Warwickshire, approximate central National Grid

Reference: SP 063 520. This report has been produced with reference to current

guidelines for preliminary ecological appraisal (Chartered Institute of Ecology and

Environmental Management (CIEEM 2012)) and British Standard BS 42020:2013 (BSI

2013) which involves the evaluation of potential ecological constraints based on

Extended Phase I (Joint Nature Conservation Committee (JNCC 2010)) survey data and

background desk study.

1.1.2 The purpose of the appraisal is to satisfy the requirements of the National Planning

Policy Framework (NPPF), identifying the likely presence of ecological features within

or near the application site that could pose a constraint to the proposed development.

The following ecological features have been considered:

Statutory and non-statutory designated conservation areas;

UK and local Biodiversity Action Plan (BAP) habitats;

Areas of Ancient Woodland;

Legally protected species;

UK and local BAP species; and

Invasive species.

1.1.3 This report also seeks to identify any requirement for further specialist survey where

the initial assessment cannot be relied upon to adequately determine presence or

reliably infer absence of protected species/taxa. Mitigation and enhancement

opportunities are also discussed.

1.2 Background Information

1.2.1 A previous Extended Phase 1 Habitat Survey was undertaken by Middlemarch

Environmental Limited in 2013 that provided a report in order to advise on any

ecological constraints and mitigation schemes for the site proposals. The data and

conclusions provided by the report are over 24 months old and thus no longer

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considered to be valid. This report has been written to provide an updated roster of

data and conclusions to further advise site proposals.

1.2.2 The proposals are for the construction of two pumping stations and a new pipeline

route required to connect residential properties to the two pumping stations.

1.3 Site Context

1.3.1 The area of construction is predominantly hard standing, bordered with rural

residential areas, roadside verges, grassland, farmland and associated farm buildings.

1.3.2 The site follows the road system, stretching from two roads in Dunnington, south to

Iron Cross, and west towards Salford Priors.

1.3.3 The surrounding area comprises expanses of arable farmland and associated

farmsteads and outbuildings.

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2 METHODOLOGY

2.1 Desk Study

2.1.1 The desktop study was informed by review of available information provided by

Warwickshire Biological Records Centre (WBRC) and Worcestershire Biological

Records (WBR) for a 2km search radius from the site boundary. Ordnance Survey (OS)

and satellite mapping was also used to gain contextual habitat information.

2.1.2 In order to fully investigate the desk study records for the site, two biological record

centres were contacted as the 2km buffer from the site lies within the jurisdiction of

both records centres.

2.1.3 Specific information was sought for:

Statutory designated sites;

Locally designated sites;

Ancient woodland;

Protected and priority species; and

Local BAP priority species.

2.2 Extended Phase 1 Habitat Survey

2.2.1 Wardell Armstrong LLP carried out an Extended Phase 1 Habitat Survey of the site on

9th September 2015. The survey was carried out by an Ecologist from Wardell

Armstrong LLP. The weather conditions during the survey were around 18⁰C, with

between F1 and F2 wind and 2/8 cloud cover.

2.2.2 The survey followed the ‘Extended Phase 1’ methodology (Institute of Environmental

Assessment (IEA), 1995 and JNCC 2010). Each of the main habitats were classified

according to the relevant criteria.

2.2.3 In addition to the mapping and description of habitats, incidental observations of

protected and/or BAP priority species and the potential for such species to occur on

site (and in the surrounding landscape where relevant) were also noted.

2.2.4 Specific habitat features are mapped on Drawing ST13509/001 with appropriate

reference numbers identifying waterbodies, buildings and trees of particular note.

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2.2.5 Comparison and reference to the initial Extended Phase 1 Habitat Survey

(Middlemarch, 2013) has been undertaken to encourage and promote consistency

throughout. Two years have passed since the preliminary survey and the area of

survey has altered. Therefore the initial findings in species, habitats, constraints,

conclusions or recommendations may differ.

2.3 Nomenclature

2.3.1 Vascular plant names follow ‘New Flora of the British Isles’ (Stace 1997) with

vernacular names as provided in the Botanical Society of the British Isles website (BSBI,

2013). All other flora and fauna names following the National Biodiversity Network

(NBN) Gateway (NBN, 2013). The common and scientific name of species/taxa is

provided (if available) when first mentioned in the text, with only the vernacular name

referred to thereafter.

2.4 Assessment Limitations

2.4.1 Ecological surveys are limited by factors that affect the presence of plants and animals

such as time of year, weather, migration patterns and behaviour. The survey was

undertaken in September and therefore the survey data may not be representative of

other times of year.

2.4.2 The absence of desk study records cannot be relied upon to reliably infer absence of

a species/habitat. Often, the absence of records is a result of under-recording within

the given search area.

2.5 Quality Assurance & Environmental Management

2.5.1 All Ecologists employed by WA are members of CIEEM, and are bound by its code of

professional conduct. All surveys and assessments have been undertaken with

reference to the recommendations given in BS 42020.

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3 RESULTS AND EVALUATION

3.1 Statutory and Non- Statutory Designated Sites

3.1.1 Desk study results for designated sites within the 2km search radius are evaluated in

Table 1, below.

3.1.2 Sites which are considered potentially sensitive to the development proposals by

virtue of the sensitivity of supported species or habitat assemblages, the

distance/ecological connectivity to the application site and the nature of the

perceived impacts are highlighted in bold text and are discussed in detail in the final

sections of the report.

3.1.3 Sites for which potential adverse effects are not anticipated are excluded from further

assessment.

Table 1: Designated Sites Evaluation.

Site Name and Status1 Reason for Designation Potential Constraint?

Broom Railway Cutting

SSSI

NGR: SP 080 523

Lies 1.8km east of the

site boundary.

Designated primarily for

geological reasons, the SSSI also

acts as an important wildlife

corridor, with records of great

crested newt

No – largely designated for geological

purposes. The SSSI lies over 1km from

the site; additionally, the dual

carriageway A46 acts as a significant

physical barrier, restricting dispersal

of less mobile species (including GCN)

between the SSSI and the site.

Development of the site is not

anticipated to have an adverse effect

on the SSSI.

Ban Brook,

headwaters and

tributaries LWS

Two Linear stretches

through site at NGR:

SP 06255 52650 and SP

06770 52220

Historically found to support

otter Lutra lutra and water vole

Arvicola amphibius. Known to

support six species of Odonata

and common frog Rana

temporaria

Yes - LWS runs through the site

boundary and may be impacted by

site works.

1 SPA – Specially Protected Area, SAC – Special Area for Conservation, Ramsar – site designated under the Ramsar

Convention, SSSI – Site of Special Scientific Interest, NNR – National Nature Reserve, LNR – Local Nature Reserve.

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Site Name and Status1 Reason for Designation Potential Constraint?

Salford Coppice pLWS

NGR: SP 043 512

350m west of site

boundary

A mature oak woodland with

derelict hazel Corylus avellana

coppice, supporting a rich

assemblage of ground flora.

No – designated primarily for

immobile species, the pLWS lies

distant from the site and site works

are considered to have negligible

impact on the surrounding landscape.

Pond near Cock

Bevington

Ungraded

NGR: SP 053 523

Lies 400m north-west

of site boundary.

A small pond in a large arable field

system, used for irrigation

purposes. Surrounded by a

variety of broadleaved trees, with

various submerged, emergent

and riparian vegetation species.

No – designated primarily for

immobile species, the ungraded area

lies distant from the site and site

works are considered to have

negligible impact on the surrounding

landscape.

Meadows near Tothall

Farm

Part LWS

NGR: SP 066 534

Lies 450m north-west

of site boundary.

Two large fields comprising semi-

improved grassland supporting a

rich assemblage of plant species.

No – designated primarily for

immobile species, the LWS lies distant

from the site and site works are

considered to have negligible impact

on the surrounding landscape.

Woodland and Pond

on Dunnington to

Broom road

Ungraded

NGR: SP 077 531

Lies approximately

800m north-east of

site boundary.

An undisturbed mixed woodland

with a pond and tall herb.

Comprising both ornamental and

broadleaf trees, with a dense

understory and scrub.

No – designated primarily for

immobile species, the ungraded area

lies distant from the site and site

works are considered to have

negligible impact on the surrounding

landscape.

There are a further 21 non-statutory designated sites within 2km of the site, however they were

not considered to be a constraint as the effects of site proposals are likely to be highly localised

within the surrounding 10m of proposals. These sites have been excluded from this table as they lie

over 1km from the site boundary, additionally, the presence of physical barriers to prevent the

dispersal of protected species towards the site, or the absence of mobile species contributing to the

designation of each site contribute to the site’s exclusion from further assessment.

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3.2 Habitats

3.2.1 All habitats within the survey area are described below, together with an indication of

their Biological Action Plan (BAP) status, according to the definitions given in UK BAP

Priority Habitat Descriptions (Anon 2008 updated 2010) and within the Worcestershire

BAP2 and Warwickshire BAP3. The text also provides an evaluation of their potential

to constrain development, indicated with bold text.

3.2.2 Habitats are ordered by occupying area, not in order of ecological importance.

3.2.3 Habitats for which potential adverse effects are not anticipated are excluded from

further assessment.

3.2.4 The location and extent of habitats is shown on Drawing ST13509/001, Extended

Phase 1 Habitat Survey Results.

Habitat Description and Evaluation

Arable farmland

3.2.5 The most dominant habitat in terms of area within and around the site is arable

farmland. Large fields border the site boundary around the peripheries of the majority

of the site, separated from the site boundary only by small roadside verges, arable

field margins, hedgerows, linear woodland blocks or buildings. Species present include

common and widespread crop vegetation including wheat etc. Arable farmland is not

a UKBAP or Local BAP (LBAP) habitat for Warwickshire. Arable farmland is not

considered to pose a potential constraint to development.

Improved grassland

3.2.6 As the second most dominant habitat type in and around the site, improved grassland

occupies several of the fields bordering the site. These are likely the result of rotation

of crop fields for soil and nutrient restoration purposes. Species are limited to a few

select species of coarse grasses and weed species. Improved grassland is not a UKBAP

2 http://www.warwickshirewildlifetrust.org.uk/LBAP 3 http://www.wyreforestdc.gov.uk/media/107645/EB054Worcestershire-Biodiversity-Action-Plan.pdf

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or LBAP habitat for Warwickshire. Improved grassland is not considered to pose a

potential constraint to development.

Hard standing

3.2.7 Hard standing occupies the majority of the area contained specifically within the site

boundary, as the area of works follows the road system around Iron Cross, Dunnington

and Salford Priors. This comprises predominantly of tarmac or concrete roads,

roadside footpaths and the driveways to residential properties. Hard standing is not a

UKBAP or LBAP habitat for Warwickshire. Hard standing is not considered to pose a

potential constraint to development.

Buildings

3.2.8 There are numerous buildings bordering the site boundary, in all of its northern,

western, southern and eastern extents. The buildings are restricted primarily to

residential uses, although several commercial properties are present throughout the

site. Buildings are not a UKBAP or LBAP habitat for Warwickshire. Buildings are not

considered to pose a potential constraint to development.

Semi-improved grassland

3.2.9 Semi-improved grassland is present in the form of road-side verges along the roads

throughout the site. Various levels of management of the grassland has led to various

sward heights throughout the site. Species include false oat grass Arrhenatherum

elatius, yarrow Achillea millefolium, perennial ryegrass Lolium perenne, clover

Trifolium repens, red fescue Festuca rubra, spear thistle Cirsium vulgare, hogweed

Heracleum sphondylium, creeping thistle Cirsium arvense and ragwort Senecio

jacobaea.

3.2.10 Semi-improved grassland is not a UKBAP habitat, however it is a LBAP habitat within

the Warwickshire BAP under the Roadside Verges habitat action plan (HAP). Habitat

may be lost through site proposals or take accidental damage from site works or

plant. Semi-improved grassland poses a potential constraint to development.

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Hedgerows

3.2.11 Species rich intact hedgerows are present on Tothall Lane lining both sides of the road

north of Ban Brook (see Target Notes 1 and 2 on Drawing ST13509-001), comprising

field maple Acer campestre, hawthorn Crataegus monogyna, ash Fraxinus excelsior,

elm Ulmus procera, ivy Hedera helix, alder Alnus glutinosa, rose Rosa sp. and

blackthorn Prunus spinosa.

3.2.12 There are several species poor intact hedgerows throughout the site. The species poor

hedgerows were generally dominated by hawthorn with varying amounts of woody

species distributed through the hedgerow. Species include, but are not limited to,

hawthorn, elder Sambucus nigra, ash, maple Acer sp. with ivy and bittersweet

Solanum dulcamara.

3.2.13 Species poor defunct hedgerows were found bordering several areas of the site,

including New Inn Lane, the B4088 and surrounding arable fields, School Road and

Oakfields track (See Target Notes 3-6 on Drawing ST13509-001), as mentioned in the

Middlemarch Phase 1 Report, 2013. These hedgerows were dominated by hawthorn,

elder and ivy, but also contained ash, maple sp. and cypress Cupressus sp.

3.2.14 Hedgerows are part of both the UKBAP and LBAP. Hedgerows are set to be removed

by site proposals and may also take accidental damage from site works and plant.

Hedgerows pose a potential constraint to development.

Amenity grassland

3.2.15 Within and adjacent to the site lie numerous small areas of amenity grassland in the

form of residential gardens. These are heavily mown, treated and maintained by the

respective owners. These support a very limited array of species, limited to perennial

ryegrass, ribwort plantain Plantago laneolata, daisy Bellis perennis and dandelion

Taraxacum officianale agg.

3.2.16 Amenity grassland is not a UKBAP habitat, however it falls under the ‘Gardens’ HAP

for Warwickshire. Amenity grassland may be damaged or lost through site

proposals. Amenity grassland may pose a potential constraint to development.

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Mixed semi-natural woodland

3.2.17 Linear strips of mixed semi-natural woodland are present along the roadside

throughout various locations around the site. These locations include both roadsides

south of Iron cross and along Ban Brook (see Target Notes 7-9 on Drawing ST13509-

001). Species include Norway maple Acer platanoides, robinia Robinia pseudoacacia,

sycamore Acer pseudoplatanus, oak Quercus sp., ash, maple, silver birch Betula

pendula, cherry Prunus sp., willow Salix sp., holly, cypress, cedar Cedrus sp. and scots

pine Pinus sylvestris.

3.2.18 Mixed semi-natural woodland is both a UKBAP and LBAP habitat. Site works are set

to take place within/immediately adjacent to the woodland, resulting in the

potential removal or disturbance of wooded areas. Mixed semi-natural woodland

may pose a constraint to development.

Introduced shrubs

3.2.19 In addition to the amenity grassland, introduced shrubs are present within the

residential gardens located around the site. Species include privet Ligustrum sp.,

buddleia Buddleia sp., cherry laurel Prunus laurocerasus, forsythia Forsythia sp.,

juniper Juniperus communis, kerria Kerria japonica and holly Ilex aquifolium.

3.2.20 Introduced shrubs are not a UKBAP habitat, however they fall under the ’Gardens’

HAP for Warwickshire. Introduced shrubs may be damaged or destroyed through

site proposals. Introduced shrubs may pose a potential constraint to development.

Dense Scrub

3.2.21 Areas of dense scrub are present in throughout various field boundaries, roadside

verges and ditches located around the site. Species include ash, plum Prunus sp., ivy,

bramble Rubus fruticosus, privet and nettle Urtica dioica.

3.2.22 Dense scrub is not a UKBAP habitat, however it is included in the LBAP for

Warwickshire. Dense scrub may be lost through site proposals. Dense scrub may

pose a potential constraint to development.

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Arable field margins

3.2.23 Arable field margins are present around the most northerly extent of the site at Tothall

Lane. These are small areas of less maintained vegetation surrounding agricultural

fields, supporting a variety of vegetation and protected species. Species include nettle,

sorrel, cow parsley, field bindweed, hogweed, brassica Brassica sp., oats Avena sativa,

couch grass, broad leaved dock, cocksfoot, ragwort, false oat grass and great

willowherb.

3.2.24 Arable field margins are both a UKBAP and LBAP habitat in Warwickshire. Arable

field margins may be lost through site proposals. Arable field margins may pose a

constraint to development.

Ditch

3.2.25 Three dry ditches lie within the site boundary. One is located along the eastern

boundary of the B4088, extending approximately 100m south of Iron Cross, a second

ditch lies at the western boundary of the B4088 at the New Inn Lane junction, and a

third ditch was found on the eastern section of the southern boundary of New Inn

Lane (See Target Notes 10-12 on Drawing ST13509-001). The dry ditches support

similar plant species to those found within the improved grassland and dense scrub

habitats, these include but are not limited to; perennial ryegrass, false oat grass,

creeping thistle, nettle and bramble.

3.2.26 Additionally, a single wet ditch was located on the northern boundary of Oakfields

Track (See Target Note 13 on Drawing ST13509-001). The water within the ditch was

not flowing, and no submerged or emergent vegetation was recorded.

3.2.27 Though ditches are not a UKBAP habitat, they are a LBAP habitat within

Warwickshire. Ditches may be lost impacted by site proposals. Ditches may pose a

constraint to development.

Scattered trees

3.2.28 Numerous semi-mature and mature trees are located throughout the entire site,

predominantly lining roads adjacent to fields, with other trees located in residential

gardens. Additionally, several trees located within the site were noted to have

features with the potential to support roosting bats. Broadleaved tree species

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recorded include oak, ash, silver birch, willow, cherry, sycamore, field maple,

European chestnut Castanea sativa, robinia and hawthorn. Coniferous species noted

within the site included Corsican Pine Pinus nigra laricio, scots pine, cypress and cedar.

3.2.29 Scatted trees are not a UKBAP, however they fall under the ‘Gardens’ HAP for

Warwickshire. Scattered trees may be lost through site proposals. Scattered trees

may pose a constraint to development.

Watercourse

3.2.30 The watercourse “Ban Brook” was noted running across the site, through a culvert

underneath Tothall Lane and the B4088 (See Target Notes 14 and 15 on Drawing

ST13509-001), bordered by common ruderal species and occasional areas of fen, that

lie away from the site boundary.

3.2.31 Watercourses are both a UKBAP and a LBAP habitat, both of which run through the

site. Watercourses may be impacted by site proposals. Watercourses may pose a

constraint to development.

Waterbodies

3.2.32 There are six waterbodies within 500m of the site boundary (See Target Notes 16-21

on Drawing ST13509-001). The ecologist from WA undertook a Habitat Suitability

Index (HSI) survey of these waterbodies during the Extended Phase 1 Habitat Survey

to discern the waterbodies’ potential to support great crested newts (GCN) Triturus

cristatus.

3.2.33 The waterbodies that lie within 500m of the site boundary are considered to be

suitable to support breeding GCN and are within the terrestrial dispersal range of GCN.

As thus further discussion is needed to assess the impact of development upon the

nature conservation value of GCN within the local area, please refer to section 4.1.39

to Error! Reference source not found..

3.2.34 Waterbodies are both a UKBAP and LBAP habitat, however they lie distant from the

site works and thus are not considered to pose a constraint to development.

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Veteran Tree

3.2.35 A veteran oak is present on the roadside at the end of the driveway of Salford Farm

House, NGR: SP 06411 52005 (See Target Note 22 on Drawing ST13509-001).

3.2.36 Veteran trees are both a UKBAP and an LBAP in Warwickshire. The veteran tree may

be impacted by site proposals. Veteran trees are considered a potential constraint

to development.

3.3 Species

3.3.1 Recorded protected and/or invasive species from the field survey or evidence of the

presence of protected or BAP priority species are described below.

Birds

3.3.2 All birds recorded during the survey are summarised in Table 3, below together with

a preliminary assessment of their likelihood to pose a constraint to the development.

All nesting birds are discussed in the final section given the general legislative

provisions relating to destruction of active nests. In addition, potential effects to

species identified as potential constraints due to the presence extent and viability of

supporting habitat, ecological connectivity and perceived nature and extent of effects

also discussed in more detail (species highlighted in bold text) in the discussion

section.

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Table 3: Bird Species Recorded

Common name Latin name Status3 Supporting Habitat Potential Constraint?

Starling Sturnus

vulgaris

Red

status

Yes – suitable nesting habitat in buildings and woodland. No – site proposals aim to avoid areas of suitable starling

habitat.

House sparrow Passer

domesticus

Red

status

Yes – suitable foraging and nesting habitat in the form of

woodland, arable field margins, amenity grassland,

introduced shrubs, dense scrub, hedgerow and woodland.

No – site proposals aim to avoid areas of suitable house

sparrow nesting habitat and the small loss of foraging

habitat will not significantly impact the nature

conservation status of this species in the area.

Dunnock Prunella

modularis

Amber

status

Yes – suitable foraging and nesting habitat in the form of

woodland, arable field margins, amenity grassland,

introduced shrubs, dense scrub, hedgerow and woodland.

No – site proposals aim to avoid areas of suitable dunnock

nesting habitat and the small loss of foraging habitat will

not significantly impact the nature conservation status of

this species in the area.

Carrion crow Corvus

corone

Green

status

Yes – suitable foraging and nesting habitat in the form of

woodland, arable field margins, amenity grassland,

introduced shrubs, dense scrub, hedgerow and woodland.

No – site proposals aim to avoid areas of suitable carrion

crow nesting habitat and the small loss of foraging habitat

will not significantly impact the nature conservation status

of this species in the area.

Blackbird Turdus

merula

Green

status

Yes – suitable foraging and nesting habitat in the form of

woodland, arable field margins, amenity grassland,

introduced shrubs, dense scrub, hedgerow and woodland.

No – site proposals aim to avoid areas of suitable blackbird

nesting habitat and the small loss of foraging habitat will

not significantly impact the nature conservation status of

this species in the area.

3 S1 – Schedule 1 Wildlife and Countryside Act, A1 – Annex 1 EU Birds Directive, RL - Birds of Conservation Concern ‘red list’, AL - Birds of Conservation Concern ‘amber list’,

UKBAP – UK Biodiversity Action Plan Priority Species, LBAP Local Biodiversity Action Plan Priority Species, LSCC – Local Species of Conservation Concern.

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Common name Latin name Status3 Supporting Habitat Potential Constraint?

Robin Erithacus

rubecula

Green

status

Yes – suitable foraging and nesting habitat in the form of

woodland, arable field margins, amenity grassland,

introduced shrubs, dense scrub, hedgerow and woodland.

No – site proposals aim to avoid areas of suitable robin

nesting habitat and the small loss of foraging habitat will

not significantly impact the nature conservation status of

this species in the area.

Blue tit Cyanistes

caeruleus

Green

status

Yes – suitable foraging and nesting habitat in the form of

woodland, arable field margins, amenity grassland,

introduced shrubs, dense scrub, hedgerow and woodland

No – site proposals aim to avoid areas of suitable robin

nesting habitat and the small loss of foraging habitat will

not significantly impact the nature conservation status of

this species in the area.

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Invasive Plants

3.3.3 During the survey, a small area of Himalayan balsam Impatiens glandulifera was

located next to Ban Brook at NGR: SP 06304 52633 (See Target Note 23 on drawing

ST13509-001). Due to the prolific nature of this species, it is considered likely that this

species is widespread up and downstream throughout a large expanse of Ban Brook.

This may pose a constraint to development if left unchecked in areas where

construction may be taking place i.e. where the Ban Brook intersects with the site.

3.3.4 No other invasive species were noted.

3.4 Ecological Evaluation

3.4.1 Protected, UK & Local Biodiversity Action Plan species are evaluated in order to

identify potential ecological constraints in Table 4 below, based on the desk study

records, presence extent and viability of supporting habitat, ecological connectivity

and perceived nature and extent of effects.

3.4.2 Species/taxa for which potential adverse effects are not anticipated are excluded from

further assessment.

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Table 4: Protected Species Evaluation

Species/taxa Desk Study record? Status4 Supporting Habitat Potential Constraint?

Bats Chiroptera

Common Pipistrelle Pipistrellus

pipistrellus

Soprano pipistrelle Pipistrellus

pygmaeus

Noctule Nyctalus noctula

Myotis Myotis sp.

EPS, WCA,

UKBAP,

LBAP

Yes – suitable foraging and commuting habitat

in the form of linear woodland and

hedgerows. Limited suitable roosting habitat

in the form of trees and buildings near to the

site.

Yes – areas of foraging and commuting habitat

may be disturbed or removed through site

proposals. Trees would need checking for

their potential to support roosting bats if due

for removal.

Badger Meles meles

BA Yes – site contains suitable foraging habitat in

the form of scrub and grassland and suitable

sett creation habitat in the form of woodland,

hedgerows and scrub.

Yes – areas of suitable sett creation habitat

are immediately adjacent to site proposals.

Brown Hare Lepus

europaeus

UKBAP Yes – site contains suitable habitat in the form

of grassland and arable field margins.

No – brown hare are a very mobile species and

individuals would not be impacted by site

proposals. The loss of suitable habitat

represents a negligible percentage with

regards to the surrounding landscape, and thus

site proposals will not adversely affect the

nature conservation value of this species in the

area.

4 EPS – European Protected Species, WCA – Wildlife and Countryside Act, A1 – Annex 1 (Birds Directive),BA – Protection of Badgers Act, BAP – Biodiversity Action Plan Priority

Species

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Species/taxa Desk Study record? Status4 Supporting Habitat Potential Constraint?

European Hedgehog

Erinaceus europaeus

UKBAP Yes – site contains suitable foraging habitat in

the form of grassland, hedgerows, woodland

and scrub. Site also contains suitable

hibernation habitat in the form of woodland,

hedgerows and scrub.

No – individuals may be displaced, however the

loss of habitat represents a negligible

percentage with regards to the surrounding

landscape, and thus site proposals will not

adversely affect the nature conservation value

of this species in the area.

Dormouse

Muscardinus

avellanarius

X

EPS, WCA,

UKBAP

Yes – site contains suitable habitat in the form

of woodland and hedgerows.

No – site proposals aim to avoid areas of

dormouse habitat.

Otter Lutra lutra

EPS, WCA,

UKBAP

Yes – site contains suitable otter habitat in the

form of a watercourse (Ban Brook).

Yes – site proposals may impact otter if

present on site.

Polecat Mustela

putorius X

WCA,

UKBAP

Yes – site contains suitable polecat habitat in

the form of woodland and hedgerows.

No – site proposals aim to avoid areas of

polecat habitat.

Water Vole Arvicola

amphibius Historic

WCA,

UKBAP

Yes – site contains suitable water vole habitat

in the form of watercourse (Ban Brook) and

associated riparian areas.

Yes – site proposals may impact water vole if

present on site.

Reptiles

Grass snake Natrix natrix

WCA,

UKBAP

Yes – site supports suitable reptile habitat in

the form of grassland, dense scrub,

hedgerows, arable field margins and

woodland.

Yes – areas of reptile habitat may be disturbed

or removed by site proposals.

Great Crested Newt

Triturus cristatus

EPS, WCA,

UKBAP

Yes - breeding habitats in the form of

waterbodies that may support great crested

newt within 500m. Site also contains suitable

hibernation and foraging habitat in the form

of hedgerows, grassland, scrub and woodland.

Yes – areas of GCN habitat are set to be

disturbed or removed by site proposals.

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Species/taxa Desk Study record? Status4 Supporting Habitat Potential Constraint?

Common Toad Bufo

bufo

UKBAP Yes – site contains suitable foraging and

hibernation habitat in the form of hedgerows,

scrub and woodland.

No – it is considered unlikely that common toad

would be present within the areas of

construction due to the presence of more

suitable habitat surrounding the construction

areas.

White-clawed

Crayfish

Austropotamobius

pallipes

X

EPS, WCA,

UKBAP

Yes – site contains suitable habitat in the form

of a watercourse (Ban Brook).

No – given the limited suitable habitat, lack of

desk study records and field signs, white-

clawed crayfish are considered unlikely to be

present in areas of habitat that may be

impacted by site works.

Birds A wide range of BoCC and Red List

species and WCA Schedule listed

species, listed in Appendix 3.

UKBAP,

WCA BoCC

Yes – site contains suitable habitat to support

a range of nesting birds in the form of

grassland, dense scrub, hedgerows, woodland

and buildings.

Yes – If site works are undertaken between

March - September inclusive, active bird nests

may be present in areas of habitat that are

likely to be removed through site proposals

and may be removed or disturbed.

Protected Plant

Species

Several notable species WCA,

UKBAP

No – site holds habitat to support several

notable plant species in the form of grassland,

scrub, woodland and fen.

No – during the survey, no notable plant

species were recorded on site.

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4 DISCUSSION AND RECOMMENDATIONS

4.1 Potential Constraints

4.1.1 The following designated sites, habitats and species (receptors) have been evaluated

as being potential ecological constraints:

Himalayan Balsam;

Ban Brook, headwaters and tributaries LWS;

Semi-improved grassland;

Hedgerows;

Amenity grassland;

Mixed semi-natural woodland;

Introduced shrubs;

Dense scrub;

Arable field margins;

Ditches;

Scattered trees;

Watercourse;

Veteran tree;

Bats;

Badger;

Otter;

Water vole;

Reptiles;

GCN;

Nesting birds (general).

4.1.2 Potential effects, requirements for further survey, and mitigation are discussed below

for each of the identified potential constraints. Table 5 below, provides a summary of

the discussion.

Himalayan balsam – Invasive species

4.1.3 Himalayan balsam is listed under schedule 9 of the Wildlife and Countryside Act 1981,

under this law it is illegal to plant or otherwise permit the growth of this species in the

wild, this also includes spreading it, either with or without intent. As this species is

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present along the Ban Brook and the Brook intersects the site at two locations, it may

cause a constraint to the development at these two locations.

4.1.4 It is recommended that a 5m stand-off should be placed around all areas of Himalayan

balsam to prevent the spread of this species. Additionally, should any tracks or wheels

enter an area of Himalayan balsam, a thorough wheel wash must be undertaken in

situ, in order to prevent the spread of seed pods off site.

4.1.5 Should this buffer be maintained, Himalayan balsam is no longer considered to be a

constraint to development.

Ban Brook, headwaters and tributaries LWS

4.1.6 The proximity of Ban Brook, headwaters and tributaries LWS to the proposed

development site suggests there may be adverse impacts on the LWS due to

disturbance from site works. A strategy should be developed to ensure minimal

impacts from silt and dust during construction works such as implementation of a

construction environmental management plan (CEMP).

4.1.7 If a strategy to prevent any impacts from construction is implemented, the presence

of Ban Brook, headwaters and tributaries LWS is unlikely to be a constraint to

development.

Semi-improved grassland

4.1.8 The areas of semi-improved grassland immediately adjacent to the site are at risk from

damage during site works. Locations for site compounds and site works should avoid

areas of semi-improved grassland wherever possible.

4.1.9 Where areas of semi-improved grassland are impacted by site works, it is

recommended that the grassland is replanted with species of similar or greater

ecological value upon completion of works to ensure no net loss in biodiversity value

of the site. Consequently loss of semi-improved grassland is unlikely to be a constraint

to development.

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Hedgerows - UKBAP

4.1.10 Hedgerows provide important foraging and/or commuting habitats for a variety of

protected species, and are afforded protection under the UKBAP and LBAP for

Warwickshire. Site works aim to avoid areas of hedgerow.

4.1.11 Where removal of sections of hedgerow are necessary to facilitate works, it is

recommended that the hedgerow is replanted upon completion of works with native

species in order to mitigate for the loss. Replacement of all hedgerow sections will

ensure that hedgerows are unlikely to be a constraint to development.

Amenity Grassland

4.1.12 Amenity grassland provides foraging habitat for a variety of protected species. Site

works should aim to avoid these areas. However, should any areas of amenity

grassland be removed or damaged during works, it is recommended that these areas

are reseeded to ensure no net loss in biodiversity value of the site. Consequently,

amenity grassland is unlikely to be a constraint to development.

Mixed semi-natural woodland - UKBAP

4.1.13 Mixed semi-natural woodland is a valuable resource that provides commuting,

foraging, nesting and hibernation habitat for an assemblage of protected species that

may be present in the area. Additionally, it is a UKBAP habitat.

4.1.14 It is recommended that a 3 metre buffer is maintained between the woodland edge

and site works to prevent any damage to tree roots that may adversely affect the

condition of the woodland. The 3 metre buffer should be demarcated by high visibility

tape or fencing to ensure no encroachment into the buffer by site vehicles.

4.1.15 Adherence to the 3 metre buffer will ensure no adverse impacts on the woodland.

Consequently the presence of areas of semi-natural woodland is unlikely to be a

constraint to development.

Introduced shrubs

4.1.16 Introduced shrubs are an LBAP habitat in Warwickshire and provide cover and foraging

habitat for various protected species. Site proposals should aim to avoid any areas of

introduced shrub, however if this cannot be accommodated, it is recommended that

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any introduced shrubs damaged or removed during site works of should be replaced

with a species of similar or equal ecological value.

4.1.17 Replacement of introduced shrubs will ensure that this habitat is unlikely to be a

constraint to development.

Dense scrub

4.1.18 Dense scrub provides valuable hibernation, foraging, commuting and nesting habitat

for an assemblage of protected species. Dense scrub is also a LBAP habitat for

Warwickshire. Where removal of dense scrub is necessary to facilitate works, the

scrub should be replanted upon completion of works in order to mitigate for the loss.

Replacement of all scrub will ensure that scrub is unlikely to be a constraint to

development.

Arable field margins - UKBAP

4.1.19 Arable field margins support an array of fauna and flora and provide valuable foraging,

resting and commuting habitat for an assemblage of protected species. Additionally,

they are afforded protection under the UKBAP and LBAP for Warwickshire. Areas of

arable field margin encroached upon by site works should be kept to a minimum. If

impacted areas are kept to a minimum, the habitat lost will only occupy a very small

percentage of arable field margin in relation to the neighbouring landscape, and thus

this loss of habitat is not considered to adversely affect the nature conservation value

of this habitat in the local area.

Ditches

4.1.20 The ditches that lie within the site are not a UKBAP habitat, however they are listed

under the ‘Roadside Verges’ HAP. Both wet and dry ditches can provide valuable

wildlife corridors and commuting habitat to an assemblage of protected species.

Ditches should be avoided where possible. Implementation of a CEMP would ensure

no impacts to the water quality of the ditch. Should ditches be impacted by the works,

a suitably qualified ecologist should check these areas in advance.

4.1.21 Implementation of a CEMP and/or or adherence to a stand off from the working area

will ensure no adverse impacts upon ditches as a result of works. Ditches are not likely

to be a constraint to development.

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Scattered trees

4.1.22 Trees scattered throughout the site have varying levels of ecological value.

Additionally, scattered trees are a LBAP habitat for Warwickshire. Site proposals

should aim to avoid tree removal where possible, however where this cannot be

accommodated, trees equal or greater in both number and ecological value should be

planted in areas near to where any trees are removed through site proposals.

4.1.23 Replacement of trees will ensure that trees are not considered to be a constraint to

development.

Watercourse

4.1.24 The watercourse intercepts the site at two separate points. Additionally watercourses

are both a UKBAP and LBAP habitat in Warwickshire. Site works aim to avoid the

watercourse and implementation of a CEMP will ensure that impacts are minimised.

Implementation of a CEMP will ensure that the watercourse is unlikely to be a

constraint to development.

Veteran trees

4.1.25 The veteran tree is located at grid reference: SP 06411 52005.

4.1.26 A veteran tree is classed as a tree that, by recognized criteria, shows features of

biological, cultural or aesthetic value that are characteristic of, but not exclusive to,

individuals surviving beyond the typical age range for the species concerned. These

characteristics might typically include a large girth, signs of crown retrenchment and

hollowing of the stem.

4.1.27 The works should be designed to allow a suitable buffer around the tree to prevent

any damage to the tree or its roots. It is recommended that an arboricultural survey

including a tree protection is undertaken for the site prior to works.

Bats

4.1.28 The data search returned 16 records of bats within 2km of the search area. This

includes two records from within the site boundary, these are a common pipistrelle

on 23/04/2005 detected in a garden, and an unspecified bat roost in a loft adjacent to

the site boundary on 30/01/2013 (See Target Note 24 on Drawing ST13509-001).

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4.1.29 Though the buildings within and bordering the site may hold the potential to support

roosting bats, they are unlikely to be disturbed by site works as impacts will be highly

localised and thus the buildings will not be impacted by site works.

4.1.30 Additionally, site works aim to avoid any trees and areas of woodland, which may act

as a foraging and commuting corridor for bats and may also provide suitable roosting

habitat. A 3m buffer is recommended to be maintained from the woodland to prevent

any accidental damage caused by site works, which may lead to damage to a potential

bat roost. If this cannot be accommodated, any trees or buildings set to be removed

by site proposals should have their potential to support roosting bats assessed to

advise if any further survey effort is required.

4.1.31 If the 3 metre buffer is maintained, bats are no longer considered to be a constraint

to development and no further survey effort will be required.

Badger

4.1.32 There are records of badger sett within 2km of the site boundary. The nearest record

lies approximately 250m east of the site boundary.

4.1.33 Areas of habitat suitable to support badger setts are present within the site and may

be impacted by site proposals. Although no active badger setts were found, evidence

of badger using the site was found in the form of mammal corridors and a latrine.

4.1.34 It is recommended that a pre-construction badger sett check should be undertaken

for the site and up to 30 metres from the site boundary in all areas except where works

will occur entirely within hard standing. This will allow protection of any potential

badger setts in the area. Should a sett be found, a 30 metre stand off will be required

from the sett and all works. Where this cannot be accommodated, a licence would be

required from Natural England for disturbance of the sett.

Otter and water vole

4.1.35 The data search returned 10 records of otter within 2km and 1 historic record of water

vole. The otter records are from within the River Arrow which is separated from the

site by the A46, which acts as a physical barrier against dispersal of less mobile species

towards the site.

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4.1.36 Ban Brook was surveyed in 2005 to identify any otter or water vole activity in Ban

Brook near to the site. The survey found no evidence to suggest the presence of otter

or water vole present in the area. It is recommended that a pre-construction check

should be undertaken immediately prior to the commencement of works by a suitably

qualified ecologist to check for the presence of any water vole or otter activity. Should

any water vole burrows be found, a 5m buffer should be maintained to prevent

damage to the burrows from site works and prevent disturbance to water vole that

may be present within them. There are no potential otter holt locations along Ban

Brook at the proposed works locations. However there is the potential for otter to use

the Brook as a commuting route. Should evidence of otter be found during the pre-

construction check, it is recommended that a mitigation scheme for avoidance of

impacts on otter be developed and including within the CEMP.

Reptiles

4.1.37 There are two records of grass snake from within the 2km search area of the site

boundary. One of the records is historic located 1800m east of the site boundary, and

the other recorded was from 1300m west of the site, however this was provided

without a date.

4.1.38 Areas of habitat suitable to support reptiles are present within the site may be

disturbed through site works. In order to prevent any injury or mortality to any reptile

species, it is recommended that any suitable reptile habitat to be disturbed or

removed through site proposals should be hand searched by a suitably qualified

ecologist immediately prior to its removal. This will ensure protection of reptiles

throughout works. If reptiles are found, they will be moved to an area of suitable

habitat a sufficient distance away from the working area. Consequently, reptiles are

not a constraint to the development.

GCN

4.1.39 The data search provided one record of two juvenile GCN under a paving slab 1800m

east of the site boundary on 11/04/2004.

4.1.40 There were six potentially suitable waterbodies within 500m of the site boundary,

three of which were found to have potential to support breeding GCN (HSI results at

Appendix 4).

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4.1.41 It is considered highly unlikely that great crested newts are found within either of the

proposed compound areas, which are the only areas of land away from the existing

roads which are proposed to be affected by the development. The proposed

compound at Tothall Lane in the north of the site is over 500m away from any suitable

breeding ponds and significant barriers to movement in the form of roads and large

arable fields exist between these waterbodies and the site.

4.1.42 Similarly the proposed compound in the south of the site is located on regularly

disturbed land and separated from the closest ponds, which score poorly under the

HSI assessment, by extensive arable land.

4.1.43 For these reasons it is not considered that great crested newt surveys are required,

and that reasonable avoidance measures can be implemented. Reasonable avoidance

measures would comprise strimming of vegetation to encourage dispersal of animals

from the proposed construction area and careful removal of possible refuge sites

under ecological supervision.

Nesting birds

4.1.44 The ecological data search provided numerous records of notable bird species nesting

in the area.

4.1.45 Habitat to support potential nesting birds is present within the site in the form of

arable field margins, hedgerows, trees, dense scrub and buildings. It is recommended

that any works that will impact these habitats are undertaken outside of the usual bird

breeding season (normally taken to be March – August inclusive). If such timescales

cannot be accommodated, it is recommended that a check for the presence of active

nests, and nesting birds should be undertaken by a suitably qualified ecologist

immediately prior to the commencement of works. Any active nests should be

identified and protected subject to the relevant legal provisions until the nesting

attempt is complete. Protection is usually in the form of a 5 metre buffer from an

active nest.

4.1.46 Additionally, an owl box was noted in the area of mixed woodland at approximate

NGR: SP 05845 52023 (See Target Note 25 on Drawing ST13509-001). This is located

immediately adjacent to the planned location of the southern pumping station. It is

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recommended that works for this southern pumping station building are undertaken

outside breeding bird season.

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Table 5: Potential constraints summary

Species/

Feature

Location Potential impact/

mitigation required

Recommended

survey

Survey timing

Himalayan

Balsam

SP 06304 52633 5m buffer from all site

works. Potential wheel wash

if tracked into.

None N/A

Ban Brook,

headwaters

and

tributaries

LWS

Intersects the

site at SP 06255

52650 and SP

06770 52220

Potential disturbance of

LWS during demolition and

construction on site. Rubble

and dust mitigation scheme

required for inclusion into a

CEMP

None. N/A

Semi

improved

grassland

Throughout the

site, roadside

verges.

Destruction of LBAP habitat.

Ecological watching brief.

None N/A

Hedgerows

UKBAP

Throughout the

site, roadside

verges

Destruction of UKBAP and

LBAP habitat. Replacement

of habitat following

completion of works.

None N/A

Amenity

Grassland

Throughout the

site, gardens

and roadside

verges

Destruction of LBAP habitat.

Replacement of lost habitat.

None N/A

Mixed semi-

natural

woodland

UKBAP

Adjacent to

planned area of

southern

pumping station

Destruction of UKBAP and

LBAP habitat. 3m buffer

between works and

woodland edge.

None N/A

Introduced

shrubs

Throughout the

site, residential

gardens

Destruction of LBAP habitat.

Replace of habitat following

completion of works.

None N/A

Dense scrub Northern extent

of the site, NGR:

SP 0682 5295

Destruction of LBAP habitat.

Replacement of habitat

following completion of

works.

None. N/A

Arable field

margins

UKBAP

Bordering

arable fields

adjacent to site

boundary.

Destruction of UKBAP

habitat. No further action.

None N/A.

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Species/

Feature

Location Potential impact/

mitigation required

Recommended

survey

Survey timing

Ditches Southern extent

of site

bordering New

Inn Lane and

100m south

Iron Cross.

Destruction of LBAP habitat.

Appropriate stand off and

protection measures

included in a CEMP.

None N/A

Scattered

trees

Throughout the

site.

Destruction of LBAP habitat.

Replacement of habitat

following completion of

works.

None N/A

Watercourse Intersects the

site at SP 06255

52650 and SP

06770 52220

Potential disturbance of

LWS during demolition and

construction on site. Rubble

and dust mitigation scheme

required.

None N/A

Veteran Trees SP 06411 52005 Potential damage to roots of

veteran tree. Appropriate

buffer from tree for all

groundwork and protection

measures included in a

CEMP.

None N/A

Bats Trees and

buildings.

Potential damage of bat

roosts. Avoid damage to

trees and buildings.

None N/A

Badger Dense scrub.

Hedgerows,

woodland.

Potential damage to setts or

disturbance of badger

occupying setts. Pre-

construction sett check.

Check for

badger setts

Pre -

construction

Otter and

Water Vole

Ban Brook Potential damage to

burrows/holts or

individuals. Pre-construction

check.

Pre-

construction

survey of Ban

Brook

Anytime but

ideally April to

September

(water vole

optimal survey

period)

Reptiles Dense scrub,

hedgerows,

woodland,

arable field

margins.

Potential harm to protected

individuals. Ecological clerk

of works

Ecological clerk

of works during

vegetation

clearance

During reptiles

active period -

March to

October

inclusive

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Species/

Feature

Location Potential impact/

mitigation required

Recommended

survey

Survey timing

GCN Waterbodies

within 500m of

site.

Potential harm to protected

individuals, or loss or

terrestrial habitat.

Reasonable

Avoidance

Measures

Pre-

construction.

Nesting birds Arable field

margins,

hedgerows,

trees and

buildings.

Disturbance of nesting birds. Check for active

nests prior to

clearance if in

nesting season

March to

August

inclusive.

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5 ECOLOGICAL ENHANCEMENTS

5.1 Introduction

5.1.1 In accordance with the requirements of the NPPF and BSI 42020:2013 ecological

enhancements should be proposed which will result in a net gain in biodiversity.

5.2 Habitats

5.2.1 The majority of the site where works will take place holds limited ecological value as

it is primarily hard standing.

5.2.2 There are opportunities for enhancement throughout the site. It is recommended that

habitats disturbed or lost by proposals are enhanced through planting species of

greater ecological value and of local provenance. This would provide a significant

improvement to the current ecological value of the site.

5.2.3 The improvement of any species poor/defunct hedgerows to species rich/intact

hedgerows by planting woody species of local provenance would also provide a

considerable ecological enhancement.

5.3 Species

5.3.1 Installation of bat and bird boxes would provide suitable nesting and roosting habitats

for several species.

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6 REFERENCES

6.1.1 Botanical Society of the British Isles (2013) Online atlas of the British and Irish Flora

http://www.brc.ac.uk/plantatlas/index.php?q=title_page

6.1.2 British Standards Institute (2013) Biodiversity – Code of Practice for Planning and

Development.

6.1.3 Institute of Environmental Assessment, (1995) Guidelines for Baseline Ecological

Assessment.

6.1.4 Chartered Institute of Ecological and Environmental Management. (2012). Guidelines

for Preliminary Ecological Appraisal.

6.1.5 Joint Nature Conservation Committee, Handbook for Phase 1 habitat survey: A

technique for environmental audit (2007), English Field Unit, Nature Conservancy

Council.

6.1.6 National Biodiversity Network (2013) NBN Gateway

http://data.nbn.org.uk/

6.1.7 Stace. C. A, ‘New Flora of the British Isles’ (1997), Cambridge University Press.

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Appendix 1

Legislation and Policy Summary

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Appendix 1 – Legislation and Policy Summary

Legislation for Habitats/Sites

Designated Site/Habitat Status

Ramsar Sites Ramsar Sites are wetlands of international importance

designated following The Ramsar Convention. RAMSAR sites

have the same level of protection as SSSIs under the Wildlife and

Countryside Act 1981 (as amended).

SPA (Special Protection Areas) SPAs are classified in accordance with Article 4 of the EC

Directive on the Conservation of Wild Birds (79/409/EEC), the

Birds Directive. They are they seek to protect the habitats of rare

and vulnerable birds, listed in Annex I of the Birds Directive, and

for regularly occurring migratory species. The Wildlife and

Countryside Act 1981 (as amended) and the Conservation of

Habitats and Species Regulations 2010 implement the Birds

Directive in the UK.

SAC (Special Areas for Conservation) SACs are strictly protected areas which represent typical

European Union of habitats and (non-bird) species listed in

Annexes I and II of the EC Habitats Directive. The Wildlife and

Countryside Act 1981 (as amended) and the Conservation of

Habitats and Species Regulations 2010 implement the Habitats

Directive in the UK.

SSSI (Sites of Special Scientific Interest) SSSIs protect the best examples of the UK's flora, fauna, or

geological or physiographical features. Originally notified under

the National Parks and Access to the Countryside Act 1949, SSSIs

were renotified under the Wildlife and Countryside Act 1981 (as

amended). Modified provisions for the protection and

management of SSSIs were introduced by the Countryside and

Rights of Way Act 2000.

NNR (National Nature Reserves) NNRs are examples of some of the most important natural and

semi-natural terrestrial and coastal ecosystems in Great Britain.

NNRs are declared by the statutory country conservation

agencies under the National Parks and Access to the Countryside

Act 1949 and the Wildlife and Countryside Act 1981 (as

amended). Legal protection of NNRs is provided under The

Wildlife and Countryside Act 1981 (as amended).

Hedgerows All hedgerows are protected by the Hedgerows Regulations

1997, under which it is an offence to remove or destroy certain

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Designated Site/Habitat Status

hedgerows without planning consent or permission from the

Local Planning Authority. These regulations do not apply to any

hedgerow within the curtilage of, or marking the boundary of

the curtilage of, a dwelling house.

LNR (Local Nature Reserves) Designated by the National Parks and Access to the Countryside

Act 1949, LNRs may be declared for nature conservation by local

authorities after consultation with the relevant statutory nature

conservation agency. Legal protection of LNRs is provided under

The Wildlife and Countryside Act 1981 (as amended).

Legislation for Species

Species Legal Status

European Legislation

Creeping Marshwort, Early Gentian, Fen

Orchid, Floating-leaved Water Plantain,

Killarney Fern, Lady’s Slipper, Shore

Dock, Slender Naiad, Yellow Marsh

Saxifrage

Under the Conservation of Habitats and Species Regulations

2010 (and as amended), it is illegal to deliberately pick, collect,

uproot or destroy any such species.

Bats, Dormouse, Otter, Wild Cat, Great

Crested Newt, Natterjack Toad, Sand

Lizard, Smooth Snake, Large Blue

Butterfly

These animals and their breeding sites or resting places are

protected under Regulation 41 of the Conservation of Habitats

and Species Regulations 2010 (and as amended), which makes it

illegal to:

Deliberately capture, injure or kill any such animal or to

deliberately take or destroy their eggs;

Deliberately disturb5 such an animal; and

Damage or destroy a breeding site or resting place of such

an animal.

European Protected Species (EPS) licenses can be granted by

Natural England in respect of development to permit activities

that would otherwise be unlawful under the Conservation

Regulations, providing that the following 3 tests (set out in the

EC Habitats Directive) are passed, namely:

The development is for reasons of overriding public

interest;

There is no satisfactory alternative; and

5 Under the Conservation Regulations, disturbance of protected animals includes in particular any disturbance which is

likely to: (i) impair their ability to survive, breed or reproduce, or to rear or nurture their young or to hibernate or migrate;

(ii) significantly affect the local distribution or abundance of the species in question.

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Species Legal Status

The favourable conservation status of the species

concerned will be maintained and/or enhanced.

Under Regulation 9(5) of the Conservation Regulations, Planning

Authorities have a duty to ‘have regard to the requirements of

the EC Habitats Directive’ i.e. LPA’s must consider the above 3

‘tests’ when determining whether Planning Permission should

be granted for developments likely to cause an offence under

the Conservation Regulations.

Domestic (UK) Legislations

Bats, Dormouse, Great Crested Newt,

Heath Fritillary, High Brown Fritillary,

Large Blue, Marsh Fritillary, Natterjack

Toad, Pine Martin, Otter, Red Squirrel,

Sand Lizard, Smooth Snake, Swallowtail,

Water Vole, Wildcat

These animals receive full protection under the Wildlife and

Countryside Act 1981 (and as amended), which makes it illegal

(subject to certain exceptions) to:

Intentionally kill, injure or take any such animal;

Intentionally or recklessly damage, destroy or obstruct any

place used for shelter or protection by any such animal; and

Intentionally or recklessly disturb such animals while they

occupy a place used for shelter or protection.

Adder, Common Lizard, Grass Snake,

Slow Worm, White-clawed Crayfish

These animals receive partial protection under The Wildlife and

Countryside Act 1981 (as amended by the Countryside and

Rights of Way Act 2000), which provide protection against

intentional killing or injury of any such animal.

Nesting Birds All wild birds (as defined by the act) are protected under the

Wildlife and Countryside Act 1981 (and as amended), which

makes it illegal (subject to exceptions) to:

Intentionally kill, injure or take any wild bird;

Take, damage or destroy the nest (whilst being built or in

use) or eggs of any wild bird.

WCA Schedule 1 listed Birds Additional protection is provided to birds listed on Schedule 1 of

the Wildlife and Countryside Act 1981 (and as amended). In

addition to the offences detailed above relating to all wild birds,

it is illegal to:

Intentionally or recklessly disturb any bird listed on

Schedule 1, or their dependent young while nesting.

Badgers The Protection of Badgers Act 1992 makes it illegal to wilfully kill

or injure a Badger, or attempt to do so and to intentionally or

recklessly interfere with a Badger sett. This includes:

damaging or destroying an active sett;

obstructing access to a sett; and

disturbing a Badger while it is occupying a sett.

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Species Legal Status

Licences can be granted to permit sett closure and/or

disturbance between July and November inclusive (i.e. outside

the sow pregnancy/birth period).

Wild Mammals The Wild Mammals (Protection) Act 1996 provides legal

protection to all wild mammals (as defined by the act) against

the following actions: mutilate, kick, beat, nail, or otherwise

impale, stab, burn, stone, drown, crush, drag or asphyxiate any

wild mammal with intent to inflict unnecessary suffering.

Invasive Species

WCA Schedule 9 listed animals (Part 1)

and plants (part 2)

Certain species of plants and animals that do not naturally occur

in Great Britain have become established in the wild and

represent a threat to the natural fauna and flora. Section 14 of

the Wildlife & Countryside Act prohibits the release of any

animal species that are:

“not ordinarily resident in and is not a regular visitor to

Great Britain in a wild state”

Policy Summary

Section 40 of the Natural Environment and Rural Communities (NERC) Act imposes a legal

duty on Planning Authorities to ‘have regard’ to the conservation of biodiversity when

considering planning applications.

Section 41 of the NERC Act requires the Secretary of State to publish a list of species and

habitats of principal importance for conserving biodiversity in the UK. Such Biodiversity Action

Plan (BAP) Habitats and Species (2007) do not offer the species any specific protection but

help to highlight the species importance at a national level. This list is used by Local Planning

Authorities to identify the species and habitats that should be afforded priority when applying

the requirements of the National Planning Policy Framework (NPPF).

The NPPF underpins the Government’s planning policies for England and how these are to be

applied. The central theme of the NPPF is a presumption in favour of sustainable

development. This presumption does not apply where development requiring Appropriate

Assessment under the Birds or Habitats Directives is being considered, planned or

determined.

The NPPF states:

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‘When determining planning applications, local planning authorities should aim to

conserve and enhance biodiversity by applying the following principles:

• if significant harm resulting from a development cannot be avoided (through

locating on an alternative site with less harmful impacts), adequately

mitigated, or, as a last resort, compensated for, then planning permission

should be refused;

• proposed development on land within or outside a Site of Special Scientific

Interest (SSSI) likely to have an adverse effect on a SSSI (either individually or in

combination with other developments) should not normally be permitted.

Where an adverse effect on the site’s notified special interest features is likely,

an exception should only be made where the benefits of the development, at

this site, clearly outweigh both the impacts that it is likely to have on the

features of the site that make it of special scientific interest and any broader

impacts on the national network of SSSIs;

• development proposals where the primary objective is to conserve or enhance

biodiversity should be permitted;

• opportunities to incorporate biodiversity in and around developments should

be encouraged;

• planning permission should be refused for development resulting in the loss or

deterioration of irreplaceable habitats, including ancient woodland and the

loss of aged or veteran trees found outside ancient woodland, unless the need

for, and benefits of, the development in that location clearly outweigh the loss;

and

• the following wildlife sites should be given the same protection as European

sites: potential Special Protection Areas (SPA) and possible Special Areas of

Conservation (SAC); listed or proposed Ramsar sites; and sites identified, or

required, as compensatory measures for adverse effects on European sites,

potential SPAs, possible SACs, and listed or proposed Ramsar sites.’

The NPPF requires the Planning Authority to have a responsibility to promote the

preservation, restoration and re-creation of priority habitats, ecological networks and the

protection and recovery of priority species populations, linked to national and local targets,

and identify suitable indicators for monitoring biodiversity in the plan. In addition, the

planning system should contribute to and enhance the natural and local environment by

minimising impacts on biodiversity and providing net gains in biodiversity where possible,

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contributing to the Government’s commitment to halt the overall decline in biodiversity,

including by establishing coherent ecological networks that are more resilient to current and

future pressures.

The National Planning Policy Guidelines (NPPG) provides information on the implementation

of the policies set out within the NPPF and how these policies are associated with supporting

legislation, policies and supplementary guidelines.

With regard to Schedule 1 and 2 projects, the NPPG explains the requirements of Town and

Country Planning (EIA) Regulations 2011, including the legislation, stages and implementation

of the act.

In terms of planning applications which fall outwith the EIA regulations the NPPG provides the

following broad guidelines (extracts below):

Section 40 of the Natural Environment and Rural Communities Act 2006, places a duty

on all public authorities in England and Wales to have regard, in the exercise of their

functions, to the purpose of conserving biodiversity. A key purpose of this duty is to

embed consideration of biodiversity as an integral part of policy and decision making

throughout the public sector, which should be seeking to make a significant

contribution to the achievement of the commitments made by Government in its

Biodiversity 2020 strategy.

Guidance on statutory obligations concerning designated sites and protected species

is published separately …. Local planning authorities should take a pragmatic approach

– the aim should be to fulfil statutory obligations in a way that minimises delays and

burdens.

The National Planning Policy Framework is clear that pursuing sustainable

development includes moving from a net loss of biodiversity to achieving net gains for

nature, and that a core principle for planning is that it should contribute to conserving

and enhancing the natural environment and reducing pollution.

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Appendix 2

Non-Statutory Designated Site List

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Appendix 2

Non-Statutory Designated Site List

Salford Spinney & Disused

Railway

Nature conservation status

ungraded.

A disused railway near Abbots Salford on a low embankment, with a wide

ditch along the western edge and a small deciduous woodland at the southern

end (Salford Spinney). Species rich banks are also present and the site

supports a wide range of birds, butterflies and fungi.

Caravan Field

pLWS

Triangular patch of amenity grassland

Salford Spinney

pLWS

Salford Spinney is mature oak Quercus cerris and ash Fraxinus excelsiorwoodland.

Ragley Park

Part of a pLWS

The pLWS’s are wooded areas on Natural England’s ancient Woodland

Inventory. This is a British Trust for Ornithology (BTO) registered site and it is

on the Park/Garden register.

A large site consisting of the Historic Gardens and Grounds of Ragley Hall. The

estate is a complex collection of habitats, consisting of scattered woods,

parkland, ponds, lakes and riverside meadows, which provide rich and diverse

habitats for all forms of wildlife.

River Arrow

LWS

An important wildlife corridor with islands, varied banks, reedbeds, shingle

beaches, cliffs and associated aquatic, emergent and marshy vegetation with

County nature conservation value.

Pond near Pophills

Ungraded

A small pond in the corner of an arable field which is red by runoff.

River Avon

LWS

Important wildlife corridor rich in flora and fauna. A range of bird species have

been noted, as well as a range of invertebrates, water vole Arvicola amphibiusand otter Lutra lutra.

Evesham to Redditch

disused railway

Part LWS

Provides an important wildlife corridor, with a varied assemblage of floral

communities.

Disused railway,

Broom junction

Part LWS

The site comprises two stretches of dismantled railway, with habitats of tall

herb, grassland and fragmented hawthorn Crataegus monogyna hedges. The

railway extends to the east where there is an area of secondary woodland.

King Edward’s Plantation

pLWS

Secondary woodland dominated by ash and oak Quercus robur, with birch

Betula pendula and scots pine Pinus sylvestris also present.

Bush Wood, Weethley

pLWS

Listed on Natural England’s Ancient Woodland Inventory.

This site consists of varying woodland types along a road verge, varying from

plantation woodland to unmanaged semi-natural broadleaved oak woodland.

Ennister Wood

Ungraded

Mixed plantation of larch Larix sp., ash, sycamore Acer pseudoplatanus and

occasional beech Fagus sylvatica, with a scattered and uneven understory of

elder Sambucus nigra and young sycamore.

The Rookery, Broom Court

Ungraded

Fairly sparse woodland with sycamore, oak Quercus sp and crab-apple Malussylvestris. Site of District nature conservation value.

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Scrub at Abbots Salford,

including ‘Homelands’.

pLWS

The site mainly consists of tall herb and rough grassland with impeded

drainage on the eastern side.

Broom Tip

Part LWS

Old sand/gravel pit, which is now fairly level and topped with local gravel and

soil.

Worcester Meadows north

pLWS

A poor semi-improved horse grazed pasture.

Salford Priors Churchyard

pLWS

A varied churchyard on two levels with a sloping southern aspect.

Grassland near Wood

Bevington

pLWS

Narrow strip of grassland between arable fields on the site of a cleared

hedgerow.

Avon Tributary nr Salford

Priors

pLWS

Area of swamp with abundant greater pond-sedge Carex riparia, occasional

reed canary grass Phalaris arundinacea with patchy willow Salix sp. scrub.

Road Verge

pLWS

A verge with coarse grasses such as cock’s-foot Dactylis glomerata, false-oat

grass Arrhenatherum elatius and Poa sp., with occasional hairy brome Bromusramosus beneath the hedgerow.

Harvington Carr

LWS

A 1km long ‘shelter belt’, mostly comprising carr woodland and scrub running

from North (A46 Evesham to Alcester dual carriageway) to South (the River

Avon) along the Worcestershire/Warwickshire border. The site follows a

ditchline, and has an adjoining small fishing lake at its centre. Surrounding

land-use is arable farmland.

Atch Lench Wood

LWS

Located on the county boundary, a substantial remnant of ancient woodland

on gently undulating topography and liassic clay geology. A part of the wood

was replanted c.40 years ago with grey alder and sycamore, though the south

eastern sections (including Salford Coppice) retain the original semi-natural

structure - oak standards with ash and hazel understorey coppice. Small

dingle streams flow across the wood from springs on its western edge.

Atch Lench Community

Orchard

A large fruit orchard numbering some 1000 trees – mostly plum and

greengage varieties. Much of the orchard originates from the 1960s, though

sections of it may be much older. Apart from the ‘veteran’ trees there are a

number of new plantings. The orchard is situated on the brow of a south-east

facing ridge with large arable fields to south and east, and ridge/furrow

pasture fields to north and west.

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Appendix 3

Desk Study Bird Results List

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Appendix 3

Desk Study Bird Results List

Scientific Name Common Name Red Listed Amber Listed UKBAP LBAP

Picus viridis Green Woodpecker

Plectrophenaxnivalis

Snow Bunting

Muscicapa striata Spotted Flycatcher

Circus cyaneus Hen Harrier

Delichon urbicum House Martin

Locustella naeviaGrasshopper

Warbler

Acrocephaluspaludicola

Aquatic Warbler

Muscicapa striata Spotted Flycatcher

Actitis hypoleucos Common Sandpiper

Tyto alba Barn owl

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Appendix 4

HSI Results

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Appendix 4

HSI Results

Waterbody number HSI Score HSI Category

1 0.48 Poor

2 0.45 Poor

3 0.69 Average

4 0.71 Good

5 0.55 Below Average

6 DRY N/A

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DRAWINGS

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Phase 1 Habitat Survey

Dalcour Maclaren

Notes:Coordinates to approximate British National Grid.Classifications in accordance with Handbook for Phase 1Habitat Survey - A technique for Environmental Audit(JNCC 2010)

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