Padgbury Lane North, Congleton. Great Crested Newt Mitigation Strategy

Transcription

1 Padgbury Lane North, Congleton Great Crested Newt Mitigation Strategy February 2014

2 FPCR Environment and Design Ltd Registered Office: Lockington Hall, Lockington, Derby DE74 2RH Company No [T] [F] [E] [W] This report is the property of FPCR Environment and Design Ltd and is issued on the condition it is not reproduced, retained or disclosed to any unauthorised person, either wholly or in part without the written consent of FPCR Environment and Design Ltd. Ordnance Survey material is used with permission of The Controller of HMSO, Crown copyright Rev Issue Status Prepared / Date Approved/Date - Draft 1 HES / AL / A Final HES / AL / B Final HES / AL /

3 CONTENTS 1.0 INTRODUCTION SURVEY METHODOLOGY RESULTS LEGISLATION AND TESTS MITIGATION STRATEGY... 9 TABLES Table 1: HSI Score Table 2: Summary of Survey Results Table 3: Area of Habitat to be Lost and Created FIGURES Figure 1: Site Location and Pond Plan Figure 2: GCN Mitigation Strategy Plan 2

4 1.0 INTRODUCTION 1.1 This report provides details of potential mitigation and compensation works at land west of Padgbury Lane, Congleton, Cheshire in relation to great crested newts (GCN) Triturus cristatus. This report should be read in conjunction with the GCN Report (FPCR, 2013),Habitat Assessment (FPCR 2013) and Reptile Mitigation Strategy Padgbury Lane North (FPCR, 2013). 1.2 An Environmental Impact Assessment has been prepared for a wider site, incorporating two separate outline planning applications, Padgbury Lane North and Padgbury Lane South. This report details the mitigation strategy for the individual site at Padgbury Lane North. 1.3 One pond was identified within Padgbury Lane North, two identified within Padgbury Lane South and a further five ponds were identified within the local area. These were subject to HSI assessments and GCN surveys, with exception of two ponds in which permission for access was refused (Figure 1 - Pond Location Plan). Due to changes to the site s application boundary, results only from the on-site ponds are relevant to this report. The on site pond, P1, was found to be dry during the breeding season and was not therefore subject to surveys. 1.4 A series of four and six surveys were undertaken to assess the presence/absence and population size class of the great crested newt within the off-site ponds. The permanent pond P2 (Pond Location Plan) located adjacent to Padgbury Lane North, was found to support a small population of GCN in accordance with the Great Crested Newt Mitigation Guidelines 1 with a peak count of 1 individual. The additional ponds were subject to four surveys as no GCN were recorded. The mitigation and habitat enhancement measures proposed in association with the development provide mitigation for effects on this species and would ensure that the proposals would not be detrimental to the maintenance of the population of GCN at a favourable conservation status in their natural range and would provide enhancements for this species. 1.5 The Padgbury Lane North site comprised two large field compartments dominated by arable land. The ephemeral water-body (P1) lies at the north-eastern corner of the site. The site is bound and bisected by hedgerows, mature trees and Loach Brook which flows northwards along the site s south-western boundary. Areas of ruderal vegetation, semi-improved and marshy grassland are present in association with the water-course. 1.6 The site will also be subject to a reptile mitigation strategy, as a population of slow worm Anguis fragilis was recorded within Padgbury Lane South. The reptile and great crested newt mitigation strategies will be integrated at the same time to ensure both reptiles and great crested newt are safely removed from the working area. 1.7 The site is situated to the west of Congleton comprising 5.45 hectares. The surrounding landscape is predominantly agricultural land and residential development. The fields bordering Loach Brook to the south and west were in use as pasture and arable land at the time of survey. The land immediately south in which the great crested newt population was identified, Padgbury Lane South, comprised habitats of an unmanaged nature with a large compartment of rough grassland with two ponds, one of which was ephemeral, present within the rough grassland habitat. The land immediately north comprised further rough grassland bordered by hedgerows. Residential development bounded the site to the north and east. 1 English Nature (2001) Great Crested Newt Mitigation Guidelines, English Nature, Peterborough. 3

5 2.0 SURVEY METHODOLOGY Field Survey 2.1 Six water-bodies within 500 m of the site were assessed for their potential to support an amphibian population, including great crested newts, using the Habitat Suitability Index (HSI). The HSI provides a measure of the likely suitability that a waterbody has for supporting newts 2. Generally, ponds with a higher score are more likely to support great crested newts than those with a lower score and there is a positive correlation between HSI scores and ponds with newts recorded. Ten separate attributes were assessed for each pond to calculate the suitability of the ponds to support GCN: Geographic location Pond area Pond drying Water quality Shade Presence of water-fowl Presence of fish Number of linked ponds Terrestrial habitat Macrophytic coverage 2.2 A score was assigned according to the most appropriate criteria level set within each attribute and a total score calculated of between 0 and 1. Pond suitability was then determined according to the following scale: Table 1 HSI Score HSI score Pond Suitability <0.5 Poor Below average Average Good >0.8 Excellent 2.3 Pond P1 was located within the site and ponds P2 and P3 were located within Padgbury Lane south, approximately 120m and 320m from the site boundary. Loach Brook and Sandbach Road act as barriers to movement to the remaining ponds located within the wider area. When surveys commenced the site boundary differed to the current application boundary with more ponds linked to the site, hence ponds 4, 5 and 6 were included within the assessment. No access was provided for ponds 4 and 5 and so HSI surveys were completed on ponds 1, 2, 3, 6, 7 and 8 but only results from ponds 1, 2 and 3 are relevant to this application. 2.4 Surveys followed the methods recommended by Natural England as detailed in the Great Crested Newt Mitigation Guidelines (English Nature, 2001). These guidelines state that to determine presence/absence within a pond four survey visits using three recognised survey methods (preferably torch survey, bottle trapping and egg search) should be adopted per survey visit, with surveys being undertaken between mid-march to mid-june during suitable weather conditions, with at least two of these survey visits during mid-april to mid-may. 2.5 Where great crested newts are confirmed within a pond the guidelines state that six surveys visits should be undertaken to determine the population size class (with at least three of the surveys 2 Oldham et al. (2000) Evaluating the suitability for the Great Crested Newt, Herpetological Journal 10(4), Leicester 4

6 within the peak period (mid-april to mid-may). A summary of each survey method is provided below: Bottle Trapping 2.6 Bottle traps were set within the waterbodies in the evening at densities of one trap per two metres of shoreline (where feasible) and left overnight for inspection in the morning. Traps were partially submerged in the water leaving an air bubble in the bottle and secured by a cane marked with a high visibility tape to ensure relocation the following day. Care was taken to ensure that trapping did not occur during excessively warm weather, when the temperature inside the trap could rise considerably, reducing oxygen levels and potentially suffocating the newts. Sweep Netting 2.7 Long handled sweep-nets were used to sample the margins of the ponds for great crested newts, with approximately 15 minutes of netting per 50 m of shoreline. Torching 2.8 Torching involved searching the waterbodies after dusk using high-powered torches to scan the margins and potential display areas for newts. The perimeter of the ponds were walked slowly recording any newts observed. Torch surveys are unsuitable within heavily vegetated and/or turbid ponds or after periods of heavy rain as visibility is diminished. Egg Searching 2.9 Newts lay single eggs on leaves of aquatic plants or other suitable pliable material, after which the material is folded over the egg to protect it. Great crested newt eggs can be distinguished from those of the other newts by their size, shape and colour. Submerged vegetation was examined for newt eggs and folded leaves gently opened to check for eggs. Once a great crested newt egg is identified, no further leaves need to be examined to minimise any further potential disturbance. Population Size Class Assessment 2.10 Population size class assessments were made according to the Great Crested Newt mitigation guidelines (English Nature, 2001). This bases a population size class on the highest maximum count of GCN observed on any one survey occasion. Categories are provided below: Low population 0-10 individuals Medium population individuals High population >100 individuals 2.11 All surveys were undertaken during suitable conditions (when ambient air temperatures exceed 5ºC, with little/no wind and no rain). Surveys were completed during the recommended survey period and all surveyors worked under a Natural England GCN licence or supervision of a GCN licensed surveyor. 5

7 3.0 RESULTS Desk Study 3.1 No local GCN records were provided for areas within 1km of the site boundary from consultees. 3.2 The locations of the ponds surveyed are shown on Figure 1 and a description of these ponds is given in the Great Crested Newt Report (FPCR, 2013). 3.3 Table 2 provides a summary of results of the surveys. Table 2 Summary of Survey Results Pond Reference HSI Score Pond Suitability Predicted Presence GCN Present Pond Below average male recorded on 2 separate surveys ( and ) Pond Poor female recorded on and 1 male and 2 females recorded on Pond Poor 0.03 No GCN recorded Pond Below average 0.20 No GCN recorded 3.4 During the surveys GCN were recorded in ponds P2 and P6. The maximum number of GCN recorded on one survey occasion was 3 within pond 6 and 1 within pond P2 indicating that both ponds supported small populations of GCN. Given the size and nature of Loach Brook it is considered that this feature constitutes a barrier to dispersal and if individuals cross this stream this would be an infrequent occurrence. Therefore the peak count for pond P6 is not included within the maximum count. 4.0 LEGISLATION AND TESTS 4.1 Before any development proposals take place measures must be taken to ensure that the legislation concerning great crested newts is not breached as a result of works. GCN are afforded full protection under the Wildlife & Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations Under Regulation 41 of the Conservation of Habitats and Species Regulations 2010 it is illegal to: Deliberately capture, injure or kill any wild animal of a European Protected Species (EPS), Deliberately disturb wild animals of an EPS (affecting ability to survive, breed or rear young) disturbance of animals includes in particular any disturbance which is likely to impair their ability to survive, to breed or reproduce, or to rear or nurture their young, Deliberately disturb wild animals of an EPS (impairing ability to migrate or hibernate) disturbance of animals includes in particular any disturbance which is likely to impair their ability in the case of hibernating or migratory species to hibernate or migrate, Deliberately disturb wild animals of an EPS (affecting local distribution and abundance) disturbance of animals includes in particular any disturbance which is likely to affect significantly the local distribution or abundance of the species to which they belong, 6

8 Deliberately disturb wild animals of an EPS (whilst occupying a structure of place used for shelter or protection) intentionally or recklessly disturb any wild animal while it is occupying a structure or place which it uses for shelter or protection, Damage or destroy a breeding site or resting place of a wild animal an EPS. 4.2 Under the Wildlife and Countryside Act 1981 (as amended) it is legal to: Recklessly or intentionally kill, injures or take any wild animals included in Schedule 5. Recklessly or intentionally damage or destroy, or obstruct access to any structure or place which any wild animal included in Schedule 5 uses for shelter or protection, Recklessly or intentionally disturb any such animal while it is occupying a structure or place which it uses for shelter or protection. 4.3 If GCN are considered to be using habitats (terrestrial or aquatic) on site and impacts upon the species cannot be avoided a European Protected Species Licence from Natural England is required in order to allow proposals to derogate from the Legislation (Licenses cannot be obtained to provide protection against offences under the Wildlife & Countryside Act 1981 (as amended)). As part of the application process a number of Tests have to be met by the application. Natural England Guidance Note: European Protected Species and the Planning Process Natural England s Application of the Three Tests to Licence Applications (March 2011) states: 4.4 In determining whether or not to grant a licence Natural England must apply the requirements of Regulation 535 of the Regulations and, in particular, the three tests set out in sub-paragraphs (2)(e), (9)(a) and (9)(b)6. (1) Regulation 53(2)(e) states: a licence can be granted for the purposes of preserving public health or public safety or other imperative reasons of overriding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment. (2) Regulation 53(9)(a) states: the appropriate authority shall not grant a licence unless they are satisfied that there is no satisfactory alternative. (3) Regulation 53(9)(b) states: the appropriate authority shall not grant a licence unless they are satisfied that the action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range. 4.5 Conservation status is defined as the sum of the influences acting on the species concerned that may affect the long term distribution and abundance of its population within its territory. It is assessed as favourable when: Population dynamics data on the species concerned indicate that it is maintaining itself on a long term basis as a viable component of its natural habitats, and The natural range of the species is neither being reduced nor is likely to be reduced for the foreseeable future, and There is, or will probably continue to be, a sufficiently large habitat to maintain its populations on a long term basis. 7

9 4.6 These tests must not only reach agreement with Natural England when assessing a Licence application they must also be assessed by the planning authority when determining a planning application. 4.7 The mitigation detailed within the following sections demonstrates that the favourable conservation status of this species will not only be maintained but enhanced as a result of the proposals. 8

10 5.0 MITIGATION STRATEGY 5.1 The presence of GCN within 500m of the site will require a European Protected Species License in order to derogate from the relevant legislation associated with this species to allow development to be undertaken. 5.2 Habitats to be retained within the development include all hedgerows except hedgerow (H2), the ephemeral pond and a wide margin of rough grassland along Loach Brook. As a result of the proposed works, a very small proportion of optimal habitat will be lost in the form of hedgerow H2. All arable land will be lost but this provides sub-optimal terrestrial habitat due to the intensive management regime. Suitable habitats up to approximately 500m from breeding ponds can be used by great crested newts. As part of the planning process any decision made must ensure the maintenance or enhancement of the Favourable Conservation Status (FCS) of the species in the local area. 5.3 The following strategy details those measures taken to ensure that no GCN would be harmed during the proposed development works and subsequent Habitat Creation to ensure the maintenance and enhancement of the favourable conservation status of GCN. Site Clearance 5.4 Prior to the commencement of works and upon receipt of a European Protected Species License a trapping and translocation exercise will be conducted as outlined within the GCN Mitigation Guidelines (English Nature 2001) and the HGBI Best Practice and Lawful Standard document 3. Temporary amphibian/reptile fencing (TAF) will be installed around the development footprint with drift fencing installed where appropriate. Pitfall traps will be installed every 5 m (50 pitfall traps per hectare each with 10m drift fencing) along fencing. In addition, artificial reptile refugia will be laid at a rate of 100 per hectare. These areas will then be trapped out for a period of 30 days with all captured GCN and reptiles translocated into the designated GCN/reptile receptor site (details below) along Loach Brook. Trapping will only be undertaken between late March and early October of any year and when the daytime temperature is above 10 o C with traps closed if evening temperatures drop below 5 o C. Trapping will only cease once five clear trapping days have been recorded at the end of the thirty days and once an average of fewer than two individuals per week of any reptile species has been reached. A destructive search will then be undertaken and any animals captured will be recorded and translocated into the receptor site. 5.5 Once trapping has ceased, the hedgerow to be lost will be removed under passive displacement methods, which are detailed within the Reptile Mitigation Strategy Padgbury Lane North (FPCR, 2013). 5.6 Once trapping and the removal of hedgerow has been undertaken the drift fencing will be removed (under ecological supervision and during suitable weather conditions), appropriate areas of the site will be destructively searched (under ecological supervision) and development works could commence. If GCN/reptiles were still being captured at this stage then works will not commence until 5 days had passed with no captures. 3 Herpetofaune Groups of Britain and Ireland (1998), Evaluating Local Mitigation / Translocation Programmes: Maintaining Best Practice and Lawful Standard. HGBI advisory notes for Amphibian and Reptile Groups (ARGs). HGBI, c/o Froglife, Halesworth. Unpbubl 9

11 5.7 The boundary fencing will remain in place until development works have been completed, whereupon it will be removed during suitable weather conditions and under ecological supervision. 5.8 The receptor site will be located along the margins of Loach Brook comprising a wide area of tussock grassland. This existing habitat is of optimal suitability for great crested newt and will be enhanced prior to trapping through creation of hibernacula mounds constructed in accordance with the Great Crested Newt Mitigation Guidelines (English Nature 2001), a pond and planting of native tree and shrubs. The hibernacula will be located beyond the floodplain within the northwestern corner of the site. The receptor area will be linked to suitable terrestrial habitats within the wider area and the pond in which GCN have been recorded. 5.9 Prior to mitigation the proposals will lead to the total loss of approximately 3.65 ha of arable land. This area provides sub-optimal foraging habitat in the form of arable land with the exception of a hedgerow which is considered to provide suitable terrestrial habitat. The existing ephemeral water-body will be retained along with the majority of hedgerows which provide potential refuge and corridors of movement for great crested newts. There will be a loss of hedgerow H2 (approximately 112m in length) to facilitate development. The development proposals could have a minor impact on the great crested newt population prior to mitigation due to terrestrial habitat loss. Habitat Creation 5.10 As part of the proposals a receptor site is to be provided adjacent to Loach Brook, some of which lies outside the floodplain. Habitats within the northern extent of this lie outside the floodplain and the hibernacula and balancing facilities will be located within this area. The habitat to be lost will be compensated for through enhancement of these areas providing optimal breeding and terrestrial habitat for GCN. One new pond will be provided and designed specifically for use by breeding great crested newts. This will include deep central areas and shallow margins with marginal and emergent vegetation that can be used for egg-laying by great crested newts. One balancing pond will also be provided within the site and this will be created to enhance its suitability to support GCN through structured vegetation planting. The location of green infrastructure will ensure connectivity into the wider area is maintained Prior to works, the receptor site will remain undeveloped and will be suitably enhanced (as above) with the provision of hibernacula and creation of ponds under a Natural England License if necessary. Enhancement works within terrestrial habitats should be carried out by hand where feasible during the breeding period, including any creation of hibernacula. All works will be undertaken under ecological supervision where relevant Dropped kerbs and offset gullies will also be provided throughout the development in order to minimise any impacts to GCN that may inadvertently enter the residential areas of the site As well as the habitat provided as part of the green infrastructure the existing hedgerows are to be enhanced with native species planting including hawthorn Crataegus monogyna, holly Ilex aquifolium, dog rose Rosa canina, hazel Corylus avellana, crab apple Malus sylvestris and blackthorn Prunus spinosa Following completion of habitat creation and development works GCN fencing will be removed. A management plan will be implemented to ensure that habitats reach optimal condition for use 10

12 by great crested newts. Tussock grassland will be cut once every other year and only during dry conditions to ensure that great crested newt do not come to harm. Species rich grassland will be cut twice annually during dry conditions. The pond margins should be actively managed to prevent succession to scrub. Scrub and trees surrounding ponds provide terrestrial habitat but can also lower the water temperature and speed-up the process of siltation. Some scrub is desirable on northern edges to ponds, but should be cut back and managed along southern edges. Table 3 - Area of Habitat to be Lost and Created Impact Area / ha Number of ponds to be lost 0 Total area of ponds to be lost (ha) 0 Area of optimal terrestrial habitat lost Area of sub-optimal terrestrial habitat to be lost 0.01 ha 3.64 ha Mitigation Number of ponds to be created Total area of ponds to be created (ha) Area of specific terrestrial habitat for GCN to be created / enhanced (excluding ponds) Area of secondary habitat (public open space) Total area of terrestrial habitat to be retained 1 GCN pond, 1 balancing pond 0.12 ha 0.80 ha 0.58 ha 1.14 ha 5.15 The proposals will enhance the current site conditions and provide habitat of high-gcn suitability, increasing the GCN-suitable habitat within the development area. Furthermore, in order to ensure the long-term protection of the proposed enhancements a long-term biodiversity management plan is to be produced for the green infrastructure. It is considered that as a result of the mitigation and enhancement proposals the favourable conservation status of great crested newts will not only be maintained but greatly enhanced as a result of the proposals. 11

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14 P4 P5 P1 P6 P7 P2 P8 P3 masterplanning.. t: e: w: environmental assessment landscape design. ecology architecture.arboriculture. FPCR Environment and Design Ltd, Lockington Hall, Lockington, Derby,DE74 2RH..f: Path: J:\5200\5299\GIS\Plans\5299-E-01 Pond Location Plan.mxd. This drawing is the property of FPCR Environment and Design Ltd and is issued on the condition it is not reproduced, retained or disclosed to any unauthorised person, either wholly or in part without written consent of FPCR Environment and Design Ltd. Ordnance Survey marerial is used with the permission of the Controller of HMSO, 'Contains Ordnance Survey data Crown copyright and database right Crown copyright Key Site Boundary 500m Pond Buffer 250m Pond Buffer Ponds (with reference) LAND OFF PADGBURY LANE, CONGLETON SITE AND POND LOCATION PLAN A3 SJN 30/07/2013 Figure E-01

15 FPCR Environment and Design Ltd, Lockington Hall, Lockington, Derby, DE74 2RH t: f: e: w: masterplanning environmental assessment landscape design urban design ecology architecture arboriculture G:\corel templates\fpcr Ltd\FPCR-LTD-A3 STANDARD TB.cdr This drawing is the property of FPCR Environment and Design Ltd and is issued on the condition it is not reproduced, retained or disclosed to any unauthorised person, either wholly or in part without written consent of FPCR Environment and Design Ltd. Ordnance Survey material is used with the permission of The Controller of HMSO, Crown copyright Existing Pond Balancing Facility Habitat Pond Hibernacula Habitat Creation (Terrestrial habitat for great crested newt) Green Infrastructure (Secondary terrestrial habitat for great crested newt) Padgbury Lane North Congleton Great Crested Newt Mitigation Strategy N A3 HES / KEH Figure 2