ECOLOGICAL ASSESSMENT OF LAND ADJACENT TO LIVERTON BUSINESS PARK, EXMOUTH, DEVON

Transcription

1 ECOLOGICAL ASSESSMENT OF LAND ADJACENT TO LIVERTON BUSINESS PARK, EXMOUTH, DEVON September 2009 Prepared By

2 Project Quality Control Sheet ORIGINAL Author Checked by Approved by Signature Date 28/09/09 28/09/09 28/09/09 Company Aardvark EM Ltd Aardvark EM Ltd Aardvark EM Ltd Location: Land adjacent to Liverton Business Park, Exmouth, Devon Grid Reference: SY Project Manager: Report Author: Jo Clayton BSc (Hons) IEMA Luke Sidebottom BSc (Hons) AIEEM Report Number: 987/3341 Brady Roberts BSc (Hons) MaAppS MIEEM Report Status: Final Copyright: Liability: All copyright in this document is reserved. This document contains information and may contain conclusions and recommendations. Every effort has been made to ensure that the information is accurate and that the opinions expressed are sound. However, Aardvark EM Limited cannot be made liable for any errors or omissions or for any losses or consequential losses resulting from decisions based on the information. Report Written and Produced By Aardvark EM Limited, Higher Ford, Wiveliscombe, Taunton, Somerset, TA4 2RL Telephone: , Facsimile: Web:

3 Contents 1 Executive Summary Introduction Survey Methodology Location and site(s) description Proposal Results Historical data search Wildlife Sites Protected flora and fauna data records Data search summary Phase 1 Habitat Survey Fields 1 & Hedgerows Surrounding woodland Surrounding land of Liverton Business Park Species Specific Bats Brief Methodology Results Discussion & Analysis of Results Conclusions Badgers Birds Dormice Reptiles Amphibians Relevant Local Planning Policy Hedgerow regulations Conservation (Natural Habitats &c.) Habitat Regulation Species Legislation Bats Birds Badgers Conclusions Recommendations Annexes Site layout plan Phase 1 habitat map Data search results...29

4 1 Executive Summary Aardvark EM Ltd have been commissioned to complete an ecological assessment of the land south of Liverton Business Park, Exmouth in order to identify any ecological constraints, necessary mitigation or further survey work. A suitably qualified ecologist walked the site identifying habitats, signs of protected species as well as conducting a desk study incorporating a data search of historic records existing on or near the application site. The data search revealed four unconfirmed wildlife sites (sites identified as having possible interest but have not been fully surveyed) towards the north of the site, one of which borders the application site. Protected species have been recorded historically in the surrounding area but none are within the site. The main habitat within the application site semi-improved grassland, which is currently heavily used by cattle. Surrounding hedgerows are predominantly species poor; however one single species rich hedgerow dissects the two fields of the site. This hedgerow has two large gaps. A single dusk activity survey for bats was undertaken to ascertain any potential roosting by bats within the tree line, as well as any foraging or commuting activity. The survey results found no initial signs of roosting, however a number of bat species were found commuting through as well as foraging within the corners of the fields. Surrounding woodlands are species rich and thus may contain a number of protected bird species and possibly badgers. Further surveys are recommended for Badgers and Birds to identify any risk associated with these species. Further recommendations and mitigation are tree planting, hedgerow planting and a lighting strategy. Aardvark EM Limited September 2009 Page 1

5 2 Introduction Aardvark EM Ltd has been commissioned by Clinton Devon Estates to conduct an Ecological Assessment of the land adjacent to Liverton Business Park, Exmouth Devon. This assessment is to provide ecological information with respect to an application for outline planning consent for stage 2 of a development. This will involve 9.51 acres of land separated into individual plots, as well as a new access road, adjoining footpath and bridge over Withycombe Brook. In summary, this study has been limited to a desk study, together with a walk-over survey. The following points will be covered within this assessment; Details of base line data of existing flora and fauna of the site and identify their ecological importance, Identify any evidence of legally protected species or protected habitats that contain any ecological importance, and recommend suitable mitigation in the protection and enhancement of these features. Assess the scales and severity of impacts based on the evaluation of habitats or species. Species and habitats within and around the site were noted. Survey methodology did not include quadrat survey techniques and the determination of National Vegetation Classification (NVC) community types are subjective judgements of the surveyor based on assessment of the data collected as part of the survey only. Some habitats seen to be within the zone of influence were assessed but in terms of affinities to certain NVC communities, however this must not be taken as exhaustive. This survey takes no account of seasonal differences and fluctuations in presence of any species noted that may take up residence subsequent to this report. Lack of signs of particular species does not confirm its absence, merely that there was no indication of its presence during the day of survey. If no action or development of this land is undertaken within two years of this report, then the findings of this survey will no longer be considered valid and should be repeated. Aardvark EM Limited September 2009 Page 2

6 3 Survey Methodology The site was assessed by a suitably qualified ecologist on the 17th August The weather was predominantly overcast with intermittent light rain. Temperatures ranged between 16 C and 19 C. The site was walked making note of broad habitats and any notable priority habitats. Signs of protected species were noted and described in relation to habitat potential and suitable connections to adjacent habitats. The hedgerows were assessed recording of the number of species and any related features such as walls, ditches, banks or historical management. 3.1 Location and site(s) description Liverton business park is located 2.80km north east of Exmouth town centre along the B3178 Salterton Road, grid reference SY The site is two grass fields located behind the existing Liverton Business Park. The majority of the site is surrounded by broadleaved woodland. Towards the south of the site lies a small section of woodland containing lower quality shrub species (around existing track entrance) and lacks mature trees than that of the woodlands towards the north and west. A single hedgerow dissects the two fields through the centre. Refer to map 1 below; Map 1 location of proposed business park, phase II Aardvark EM Limited September 2009 Page 3

7 3.2 Proposal The indicative proposal is for 12 individual plots varying in size within the two fields. A new access road will extend from the existing round about and pass through the existing woodlands/scrub into the site. A new footpath will be created in the north west corner, over the Withycombe Brook to enter Ashfields Close playground linking the business park with the adjacent housing estate. A proposed buffer strip will be implemented between the woodland and the application site. There will also be a substantial amount of planting of two key areas north of the site, thus bulking up the woodland with newly planted trees and scrub. The entire development (according to drawing 2823/01 found in annex 7.1) will be situated on the more level ground, towards the south of both fields. A substantial amount of space is provided surrounding new access road towards the north. This is a draft proposal only and subject to change. Aardvark EM Limited September 2009 Page 4

8 4 Results 4.1 Historical data search A historic data records search was undertaken to determine if any records were held for the site and surrounding area using information held by Devon Biodiversity Records Centre (DBRC). A data search can identify particular sites of importance and also species that have been previously recorded in the vicinity of the search area. Although these records do not hold a constraint against the proposed development, they do however indicate the potential for the site and surrounds with respects to ecology and notable habitats. The search comprises an area defined by a 1 km radius from the centre of the site, grid reference SY The results of the search are as follows; Wildlife Sites Code Site Name Status Area (ha) Distance Direction site & from Description SY08/017 Veiges Plantation UWS km north Secondary Woodland SY08/016 Veiges Farm UWS 6.9 Shares border with site Secondary Woodland SY08/019 Lower Lodges UWS km north east Secondary Woodland SY08/018 St. Johns Farm UWS km north Secondary woodland Table 1: Statutory and non-statutory sites within 1 kilometres of application site Unconfirmed Wildlife Sites (UWS): these sites are identified as having possible interest but have not been fully surveyed. Some of these areas may have significant wildlife interest. Aardvark EM Limited September 2009 Page 5

9 4.1.2 Protected flora and fauna data records Common name Species name Status Mallard Anas platyrhnchos AMBER BIRDS Slow-Worm Anguis fragilis WCA 5(KIS), Bern III, UK BAP (P) Common Toad Bufo bufo WCA 5(S), Bern III Linnet Carduelis cannabina UK BAP (P), RED BIRDS House Martin Delichon urbica AMBER BIRDS Hedgehog Erinaceus europaeus WCA 6, Bern III, UK BAP (P) Viviparous Lizard Lacerta vivipara WCA 5(KIS), Bern III, UK BAP (P) Herring Gull Larus argentatus RED BIRDS Black-Headed Gull Larus ridibundus AMBER BIRDS Badger Meles meles WCA 6, BA, Bern III Fire crest Regulus regulus WCA 1, AMBER BIRDS Grass Snake Natrix natrix WCA 5 (KIS), Bern III House Sparrow Passer domesticus UKBAP (P), RED BIRDS Green Woodpecker Picus viridis AMBER BIRDS Brown Long-Eared Bat Plecotus auritus WCA 5, 6, ECIVa, Bern III, Bonn II, UK BAP (P) Dunnock Prunella modularies AMBER BIRDS Bullfinch Pyrrhula pyrrhula UK BAP (P), RED BIRDS Common Frog Rana temporaria WCA 5 (S), EC Va, Bern III Common Shrew Sorex araneus WCA 6 Bern III Starling Sturnus vulgaris RED BIRDS Newt Triturus WCA 5(S), Bern III Palmate Newt Triturus helveticus WCA 5(S), Bern III Song Thrush Turdus philomelos UK BAP (P) RED BIRDS Key Table 2 Protected flora and faun records within 1kilometres of application site WCA 1 Wildlife and Countryside Act (1981) Schedule 1: birds which are protected by special penalties at all times. WCA 5 Wildlife and Countryside Act (1981) Schedule 5: species protected against killing, injury, disturbance and handling. WCA 5 (S) Wildlife and Countryside Act (1981) Schedule 5: (sale): species protected against sale only. Aardvark EM Limited September 2009 Page 6

10 WCA 5 (KIS) Wildlife and Countryside Act (1981) Schedule 5: (killing & injury): species protected against killing, injury and sale only. WCA 6 Wildlife and Countryside Act (1981) Schedule 6: animals (other than birds) which may not be killed or taken by certain methods BA Protection of Badgers Act 1992: badgers may not be deliberately killed, persecuted or trapped except under licence. Badger setts may not be damaged, destroyed or obstructed. Bern II Convention on the Conservation of European Wildlife and Natural Habitats (Bern Convention) Appendix II: Special protection for listed animal species and their habitats. Bern III Convention on the Conservation of European Wildlife and Natural Habitats (Bern Convention) Appendix III: Exploitation of listed animal species to be subject to regulation ECIVa, IVb EC Directive on the Conservation of Natural Habitats and of Wild Fauna and Flora (Habitats & Species Directive) Annex IVa: Exploitation of listed animals and plants to be subject to management if necessary. ECVa, Vb EC Directive on the Conservation of Natural Habitats and of Wild Fauna and Flora (Habitats & Species Directive) Annex Va and Vb: Exploitation of listed animals and plants to be subject to management if necessary. Bonn II Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention) Appendix II: Range states encouraged to conclude international agreements to benefit species listed. UKBAP(P) UK Priority Species (Short and Middle Lists - UK Biodiversity steering Group Report 1995) i.e. species that are globally threatened and rapidly declining in the UK (by more than 50% in the last 25 years). Has a Species Action Plan. DBAP Devon Biodiversity Action Plan species: these have been identified as species of key conservation concern in Devon. NS Nationally Scarce: km squares in Atlas of British Flora Devon Notable Species: Selected species recorded from over 50 2km squares in the Atlas of Devon Flora 1984 (R.B. Ivimey-Cook, Department of Biological Sciences, The University of Exeter). DN1 Devon Notable 1 : km squares in Atlas of Devon Flora DN2 Devon Notable 2 : km squares in Atlas of Devon Flora DN3 Devon Notable 3 : Selected species recorded from over 50 2 km squares in Atlas of Devon Flora Nb Nationally Notable B: known from 100 or fewer 10km squares. Taken from the Invertebrate Site Register. Decline Substantial local decline in Devon Red List: Bird species of high conservation concern, such as those whose population or range is rapidly declining, recently or historically, and those of global conservation concern. Amber List: Bird species of medium conservation concern, such as those whose population is in moderate decline, rare breeders, internationally important and localised species and those of unfavourable conservation status in Europe. CITES 2 Convention on International Trade in Endangered Species (CITES) Appendix 2: Trade in listed species subject to licensing. Aardvark EM Limited September 2009 Page 7

11 4.1.3 Data search summary Four unconfirmed wildlife sites have been identified surrounding the application site. One known as Veigies Farm shares its border with the application site. Whilst this does not provide a constraint on the proposed development, it highlights the requirement for further assessment for species that may reside or exists close the application site No historic records of protected flora or fauna exist within the application site The records show a number of species with close associations with woodland and hedgerow habitats such as Badgers, Song Thrush, Dunnock, Bats, Mistle Thrush, Slow-Worm, Gold Crest and Green Woodpecker. Because of the nature of the site it is unlikely that other species such as Grass Snakes, Common Frogs, Common Toads and Starlings will be present. 4.2 Phase 1 Habitat Survey A Phase 1 Habitat Survey is a standard system for classifying and mapping wildlife habitats in all parts of Great Britain, including urban areas. The aim of Phase 1 habitat survey is to provide a record of the semi-natural vegetation and wildlife habitats, principally based on vegetation cover and represents information about many living and non-living components of the environment. This can therefore provide an effective means of classifying and surveying habitats. Phase 1 surveys can also highlight priority and protected species habitats. The phase 1 map can be found in annex 9.2. This habitat assessment does not take into account National Vegetation Classification (NVC) assessment, however it can be used to identify affinities to NVC habitats, although a more detailed assessment would further provided habitat information on this. Categories for the site and surrounding land can be found below in table 3 below; Aardvark EM Limited September 2009 Page 8

12 The following results should be read in conjunction with the phase 1 map located within annex 9.2 Area Category Alphanumeric Code UK BAP Priority Habitat Affinities with NVC classification Field 1 Semi improved grassland B6 No Field 2 Semi improved grassland B6 No Surrounding Woodlands Semi-natural broadleaved woodland A1.1.1 Yes W8d, W9, W10 Land towards the north Semi-improved grassland B6 No Land towards the east Semi improved grassland B6 No Land towards the south Urban- built up areas J3 No Land towards the west Semi-natural broadleaved woodland A1.1.1 Yes W8d, W9, W10 Linear Category Alphanumeric Code UK BAP Priority Habitat Affinities with NVC classification Hedgerow through centre of site Species rich hedgerow (gaps) J2.1.1 Yes Surrounding hedgerows Species poor defunct hedgerows J2.2.2 No Table 3 Phase 1 Habitat results UK BAP Broad Habitat: This classification was developed as part of the UK Biodiversity Action Plan (UK BAP). The list of Broad Habitats that was published in the UK Steering Group report in 1995 has been subject to a recent review to ensure that the whole of the land surface of the UK and the surrounding sea to the edge of the continental shelf is covered. This has resulted in a revised list of 27 Broad Habitats. UK BAP Priority Habitat: Priority habitats are habitats that are classified because of their wildlife and high conservation value. There are 65 known priority habitats within the UK and occur throughout Devon. Priority Habitats contain species of national and county importance and any loss must be diminished. Semi-natural broadleaved woodland: Semi-natural woodland comprises all stands which do not obviously originate from planting. The distribution of species will generally reflect natural variations in the site and its soil. Both ancient and more recent stands are included. Semi improved grassland: Semi improved grasslands is the transition category made up of grasslands that have been modified by artificial fertilisers, slurry, intensive grazing, herbicides or drainage and consequently have a range of species which is less diverse and natural than unimproved grasslands. Aardvark EM Limited September 2009 Page 9

13 Hedgerows: Contain a number of woodland species of varied mixture and diversity. Hedgerows can contain a number of trees interspaced within the hedgerow. Hedgerows can also be classified as a priority habitat based on Habitat Action Plans defined as important under the hedgerow regulations Furthermore any bank, wall, ditch or tree within 2 metres of the centre of the hedgerow is considered to be part of that hedgerow habitat and therefore noted as a priority habitat. 4.3 Fields 1 & 2 Fields 1 and 2 represent the application site. Field 1 is located towards the east and field 2 to the west. Both are currently classed as semi-improved grassland currently used heavily by grazing cattle. Grass species are limited to Perennial Rye grass (Lolium perenne), Annual Meadow grass (Poa annua) and Common bent (Agrostis stonlonifera) with pockets of taller Cocksfoot (Dactylis glomerata) and Timothy grass (Pleum pratense). These species are widely common through lowland Britain and representative of wide range of habitats. No protected flora was identified within fields 1 and 2. Plate 1 Field 1 facing north towards Exmouth Plate 2 Field 2 facing south Aardvark EM Limited September 2009 Page 10

14 4.4 Hedgerows The hedgerows surrounding field 1 contains a monoculture of low lying Bramble (Rubus fruticosus). These brambles showed potential for a number of breeding birds providing suitable foraging and security. Plate 3 - Species poor hedgerow predominantly Bramble The hedgerow dissecting the two fields is currently split into two individual components of 45 metres and 107 metres whilst always maintaining an average width of 7 metres. There are two large gaps located within the hedgerow, on an existing gate and halfway along its length near a large Oak (See Annex phase 1 map). This hedgerow appears to have no recent management and is very dense providing ample opportunities for nesting birds. Woody species include; Bramble (Rubus fruticosus), Hawthorn (Crataegus monogyna), Rose (Rosa sp.), Oak (Quercus sp), Elm (Ulmus sp), Ash (Fraxinus excelsior), and Blackthorn (Prunus spinosa). This hedgerow is currently classed as important under the hedgerow regulations Aardvark EM Limited September 2009 Page 11

15 Plate 4 Central hedgerow facing north 4.5 Surrounding woodland The surrounding woodland is classed as semi natural broad leaved woodland and lowland mixed deciduous woodland within the UK Biodiversity Action Plan Priority Habitat classification, which classifies this habitat as an important habitat for a range of associated species as well as a substantial decline in its range particularly in the south of the UK. Species within the canopy layer include Ash (Fraxinus excelsior), Field Maple (Acer Campestre), and English Oak (Quercus robur). Plate 5 Canopy of woodland facing south The shrub and ground layers contain a mixture of Hazel (Corylus avellana) and Black Thorn (Prunus spinosa) with a rich ground layer of Ivy (Hedra helix), Male Fern (Dryopteris filixmas), Dwarf Elder (Mercurialis perennis) and Wood Avens (Geum urbanum). Aardvark EM Limited September 2009 Page 12

16 These woodlands contain a large proportion of mature trees which therefore offer potential for roosting bats as well as nesting birds. Plate 6 Within southern woodland 4.6 Surrounding land of Liverton Business Park The habitat immediately surrounding the proposed entrance to the site around the existing round about is currently low value amenity grassland with young tree saplings. This grassland is low value for protected species. Plate 7 proposed entrance to site facing north east Aardvark EM Limited September 2009 Page 13

17 5 Species Specific 5.1 Bats Brief A dusk transect survey was undertaken to identify any important commuting and foraging habitat for bats. The tree lines as well as the mature Oaks that surround the site may also provide potential for roosting. This single dusk transect survey for bats was undertaken in order to assess potential for, or evidence of, the use of the site by bats that may be affected by the development proposals Methodology To assess the use of the site by bats and to investigate the potential presence of roost sites among the mature trees, a dusk transect survey was undertaken. Dusk Transect Survey Transect surveys are undertaken by surveyors observing bats in the field. This is a noninvasive technique for identifying and counting bats. The transect survey for bats are based on the Bat Conservancy Trust s Bat Surveys: Good Practice Guidelines. The transect survey was undertaken on the 13 th September The Liverton Business Park site was initially walked during hours of daylight to assess the safety of the site, identify potential foraging / commuting routes (e.g. hedges, rivers, woodlands etc.) and potential roosting areas such as large mature trees. Three surveyors (including 2 licensed bat workers) conducted the transect in good weather conditions. Each surveyor walked a pre-determined route with designated listening stops. Listening stops focus on a particular area (i.e. an outstanding mature tree) that is usually an easily identifiable landmark for 2-5 minutes to provide greater survey effort of areas with greater potential to be utilised by bats. Each transect consisted of approximately 2 to 3 listening stops. The three transect routes were walked for approximately 2 ¼ hours commencing 15 minutes prior to dusk and continuing for 2 hours after dusk. Transect routes were walked at a steady pace, enabling each transect to be walked several times during the survey. Head torches and million candle power spotlights (e.g. Nightsearcher NS 750) were used to assist the transect survey and identify prominent flight paths and bats emerging from potential roosting areas. Features that were closely watched included old mature trees or trees with good potential roosting habitat (e.g. cracks in bark, hollowed trunks, dense ivy etc.). Any bats observed were recorded. Information included: Emergence or re-entry points; Time; Direction of flight; Aardvark EM Limited September 2009 Page 14

18 Use of landscape; Flight characteristics; Size; Height; and Behaviour. Audio calls were also recorded using frequency division ultrasound detectors (e.g. BATBOX Duet) and mp3 recording equipment (e.g. Creative Zen V). Audio recordings were later analysed using ultrasound analysis software to help identify calls to species or genus level Results The survey information has been used in conjunction with an understanding of the current development works to determine: The impact development may have on bats using the site; The need for a protected species licence where bats may be disturbed or are at risk; and The requirement for any mitigation/enhancement measures. The dusk transect survey identified several well used commuting routes and foraging areas. The main areas identified are shown in map 2 below. Map 2 - Prominent Flight Paths and Foraging Areas Aardvark EM Limited September 2009 Page 15

19 Species identified using these areas include common pipistrelles (Pipistrellus pipistrellus), soprano pipistrelles (Pipistrellus pygmaeus), serotines (Eptesicus serotinus) and Myotis (Myotis sp.). The foraging areas were predominantly located around the corner of the site, particularly near to the brook and / or large mature trees. Flight paths were prevalent between the foraging areas as this is where most of the commuting activity was observed. No bats were observed emerging from any of the trees that were deemed high potential as roosting sites. Start End Time 19:14 21:31 Temperature C Rain (0-3) *0= none 1= Drizzle 2= Light 3= Moderate 0 0 Cloud (Oktas Scale) 2/3 6/7 Wind (Beaufort Scale) Sunset / Sunrise Time 19:31 Table 4 - Weather Conditions and Relevant Data of Transect Survey Discussion & Analysis of Results The Liverton Commercial Park expansion site is used by several species of bat, primarily for commuting and foraging. No bats were observed using the trees or tree lines as roosting sites; however, this survey alone is not sufficient enough to disprove presence within the trees. The main foraging areas are located adjacent to the Withycombe Brook to the north of the site and nearby the row of large mature trees to the east and south-east of the site. Bats regularly fly between these areas using the adjoining tree lines. A number of bats were also foraging along the same tree lines and utilised both the woodland edges and the woodland to forage. This is presumably where there is a higher density of invertebrate fauna, particularly in the woodland around the brook. There was a distinct lack of bat activity near the far west boundary Conclusions The Commercial Liverton Park expansion site is used by bats on a frequent and moderately intensive basis for foraging and commuting between the wider landscape and within the site itself. Although no evidence was observed at the time of the survey, it is possible that some of the large mature trees may be inhabited by bats at various times during the year as most of the UK s bat species will readily utilise tree crevices and hollow trunks etc. Aardvark EM Limited September 2009 Page 16

20 The species of bats observed during the survey are considered common and widespread both locally and through much of the UK. Providing the recommendations are followed, there should be no negative impact on the local bat population. It is the responsibility of those involved in works to ensure that due diligence is demonstrated in complying with wildlife protection and nature conservation legislation at every stage of the project. Such legislation applies even in the absence of related planning conditions. 5.2 Badgers A number of large holes were found leading into the hedgerows, specifically towards the north and west. A destructive search of the hedgerows and woodlands would enable any setts or signs of badgers to be identified. 5.3 Birds The surrounding woodlands and hedgerows provide ample breeding opportunities for birds. Further surveys are recommended to identify any risk to these species from disturbance or fragmentation. 5.4 Dormice Whilst no initial search for Dormouse feeding signs or nests was conducted, the hedgerow within the centre of the application site contains large gaps and does not connect with the woodlands. No Dormice records have been found within 1km of the application site. 5.5 Reptiles The application site is currently unsuitable for reptiles. The surrounding woodlands offer some potential but not to any degree that would provide a constraint with respects to this application. The majority of the open habitats which reptiles require are lacking. 5.6 Amphibians No ponds are located within or surrounding the application site. The only water body which may offer potential for some amphibian species is the Withycombe Brook located towards the south of the application site. Whilst a number of amphibians may exist within this Brook, it is most likely they will remain within this habitat and not commute into a non-preferable habitat such as the application site. Aardvark EM Limited September 2009 Page 17

21 6 Relevant Local Planning Policy Devon County Council local plan contains relevant planning policies within the structure plan 1995 to 2011 (adopted Feb 1999 superseded by the Structure Plan 2016). The majority of the policies are outlined below. Map 5: Landscape Policy Areas (July 1999). The red arrow marks the approximate position of the application site. Aardvark EM Limited September 2009 Page 18

22 Policy C2 Policy C2 seeks to ensure that the overall quality of Devon's landscape, including its variety and distinctiveness, is conserved for present and future generations. The quality of Devon s landscape and its distinctive local characteristics should be maintained and enhanced. In providing for new development, particular care should be taken to conserve those features that contribute to local distinctiveness Including: Policy C13 the setting of settlements and buildings within the landscape; the patterns of woodland, fields, hedgerows, and tree features the special qualities of rivers, estuaries and other water features; historic landscapes. The biodiversity and earth science resource of Devon's natural environment should be sustained and, where possible, enhanced. Its diversity and distinctiveness should not be diminished. Policy C15/C16 In addition to sites included within the terms of Policy C14, Local Plans should define sites and features of nature conservation importance, including landscape features which provide wildlife corridors, links or stepping stones between habitats. Policy C17 Development likely to have an adverse effect on a specially protected species should only be permitted where appropriate measures are taken to secure its protection. Aardvark EM Limited September 2009 Page 19

23 6.1 Hedgerow regulations 1997 The hedgerow Regulations 1997 are the main regulations aimed at protecting hedgerows in their own right. These regulations are part of the planning regulations. It is therefore; Against the law to remove hedges without permission, Removal is uprooting or otherwise destroying a hedgerow, including serious damage to the root system or over-maintenance results in the death of the hedgerow counts as removal. The regulations only cover hedgerows that are at least 20 metres long or, if shorter connected to other hedgerows at either ends, or part of a longer hedgerow. The must be adjacent to common land, village greens, SSSIs, LNRs, or land used for agriculture, forestry or breeding or keeping horses, ponies or donkeys. A landowner wishing to remove a hedgerow must serve a Hedgerow Removal Notice in writing to the local planning authority. The local authority then has 42 days in which to determine whether or not the hedgerow is important under the regulations, whether or not to issue a Hedgerow Retention Notice. If the hedgerow is not important, the local authority cannot refuse a permission to remove it under these regulations. If the hedgerow is important, it should be protected. However, the authority does not have to issue a retention notice if they are satisfied that circumstances justify the removal. The authority must consult the local parish council in England or community council in Wales and consider their views when making the decision, but they do not have to consult anyone else. If a hedge is removed without permission (whether important or not) the land owner may face an unlimited fine and may have to replace the hedge. A hedge retention notice is permanent, although a planning authority may withdraw it at any time. If these regulations allow the removal of a hedgerow, this does not over-rule any prohibition or restriction imposed by other agreements or regulations. What is an important hedgerow? For a hedgerow to be qualified as important, it must be at least 30 years old and meet at least one of the following criteria, which identify hedgerows of particular archaeological, historical, wildlife and landscape value. 1. The hedgerow marks the boundary of a historic parish or township existing before The hedgerow incorporates an archaeological feature. 3. The hedgerow is a part of or associated with an archaeological site. 4. The hedgerow marks the boundary of or is associated with a pre-1600 AD estate or manor. 5. The hedgerow forms an integral part of or is associated with a field system pre-dating the Enclosures Act. Aardvark EM Limited September 2009 Page 20

24 6. The hedgerow contains a listed species. These have to be listed the Wildlife and Countryside Act 1981 either in Part I of Schedule 1 (birds protected by special penalties), or Schedule 5 (other animals) or Schedule 8 (plants). In addition, species listed in certain red data books qualify. Unfortunately, the list of birds was published in 1990, and does not include species such as song thrush and linnet, whose numbers have declined more recently. 7. The hedgerow includes, on average, in a 30 metre length one of: a) at least 7 woody shrub and tree species listed in the regulations (see the list below). b) at least 6 woody species and has at least 3 associated features. c) at least 6 woody species including a black-poplar tree, large-leaved lime, smallleaved lime or wild service tree. In northern England, the number of woody species is reduced by one. 8. The hedgerow runs alongside a bridleway, footpath, road used as a public path or a byway open to all traffic, and includes at least four woody species, on average, in a 30 metre length and has at least two associated features. The associated features are: 1. A bank or wall supporting the hedgerow along at least half of its length. 2. Less than 10% gaps. 3. On average, at least one tree per 50 metres of hedge 4. At least three species from a list of 57 herbaceous woodland plants, including bluebell, primrose, wild strawberry and assorted ferns and violets (see list below). 5. A ditch along at least a half of the length of the hedge. 6. A number of connections with other hedgerows, ponds or woodland. 7. A parallel hedge within 15 metres of the hedgerow. Aardvark EM Limited September 2009 Page 21

25 6.2 Conservation (Natural Habitats &c.) Habitat Regulation 1994 The Conservation (Natural Habitats &c.) Regulations 1994 (the Habitats Regulations ) transposed the Habitats Directive into U.K. law. The Regulations make it an offence (subject to exceptions) to deliberately capture, kill or disturb the animals listed in Schedule 2, or pick, collect, cut, uproot, or destroy in the plants listed in Schedule 4. Habitats Regulations amendment 2007 Amendments to the Habitats Regulations came into force on 21 August 2007 as a result of a European Court of Justice ruling in October There are two significant changes to bring the Regulations in line with the Habitats Directive. The 2007 amendments to the Regulations as revised: the incidental result defence ; and the definition of disturbance of European Protected Species (EPS) It is now an offence to deliberately disturb wild animals of EPS in such a way as to be likely significantly to affect: the ability of any significant group of animals of that species to survive, breed, or rear or nurture their young; or the local distribution or abundance of that species. 6.3 Species Legislation Bats Without a development licence, it is illegal to kill, injure or UdisturbU bats or to damage, destroy or obstruct bat roost (whether occupied or not). Under the Wildlife and Countryside Act 1981 (as amended) is it illegal to: Intentionally or deliberately kill, injure or capture bats Intentionally, deliberately or recklessly* disturb bats Intentionally, deliberately or recklessly* damage, destroy or obstruct any place used for shelter or protection, i.e. bat roosts (even if they are not currently occupied) Possess, sell or transport a bat or anything derived from it. * In England and Wales the term recklessly was added as an amendment to the Wildlife and Countryside Act 1981 as a result of the CRoW Act 2000 The legislation applies to both adult and young bats. Implicit in the legislation is the responsibility of developers to do all that is reasonably possible to safeguard bats and bat roosts. Aardvark EM Limited September 2009 Page 22

26 6.3.2 Birds All wild birds (i.e. resident, visiting and introduced species) in the UK are protected by law under the Wildlife and Countryside Act 1981 WCA (as amended) making it illegal to; Kill, injure or take any wild bird, Take, damage or destroy the nest of any wild bird while it is being built or in use, Take or destroy the eggs of any wild bird, Possess or control (e.g. for exhibition or sale any wild bird or egg unless obtained legally. Wild birds that are found injured may be captured or humanely killed. Some species of birds receive special protected due to their overall status. Species listed in schedule 1 of the WCA 1981recieve special protected. In addition to the above offences, it is also illegal to intentionally or recklessly* disturb any bird listed on schedule 1 while nesting, or at or to disturb any of its dependant young. Disturbance could occur, for example, through noise caused by construction works in close proximity to the nest. *The term recklessly applies in England and Wales following the Countryside Right of Way Act (CRoW) Badgers Badgers are fully protected under the Badgers Act 1992 making it illegal to: Wilfully kill, injure, take, possess or cruelly treat a badger or attempt to do so Intentionally or recklessly damage, destroy or obstruct access to a badger sett (whether or not a there is a badger in at that time) Disturb a badger while it is occupying a sett Sell, keep or mark a healthy badger or possess any dead badger or part thereof. Under the legislation not only setts are protected, but any structure or place which displays signs indicating current use by a badger. In addition to a more traditional sett, this can include part of buildings, outbuildings, sheds, culverts, hollow trees etc. Aardvark EM Limited September 2009 Page 23

27 7 Conclusions The application site is comprises of two fields of semi-improved grassland. This grassland is species poor in floral diversity due to heavy grazing by cattle. The surrounding woodlands are all species rich in floral diversity both within the canopy layer and ground layer. This habitat has been identified as a UK BAP priority habitat and as such will require special protection or suitable mitigation for any loss. The data search revealed no direct records of protected flora or fauna within the application site, however a number of records concerning particular species such as Badgers and Bats surround the site. A total of four unconfirmed wildlife sites are situated towards the north of the application site, one of which borders the northern boundary. Suitable remediation and management of the site must be implemented so that these woodlands are not impacted. The hedgerow which dissects the fields is species rich and classed as important. As such any removal will require permission from the local authority. This hedgerow does however contain two large gaps, disconnecting it from the neighbouring woodlands. These could be planted up which would mitigate the loss of the section of hedgerow for the new estate road. A number of foraging and commuting routes used by bats has been identified within the sites boundaries. No signs of any roosting were found, however this must not be treated as exhaustive. The footpath located towards the rear of the application site passes through the woodland and crosses the Withycombe Brook. Whilst the design of the footpath and bridge is unknown, it is unlikely that this will cause any long term damage on the woodlands or indeed the Brook itself. Because it is yet unknown what species of birds utilise the site in terms of nesting. It is therefore difficult to establish if the habitat will become unfavourable and discourage species to continue to use the woodlands as a refuge. Certainly increased noise and light will cause some species to temporarily move or permanently relocate away from the site. Certainly some types of disturbance include altering the structure of the soil by compaction and adversely affecting the hydrology of the site, resulting in the loss of species due to habitat change. The new footpath leading towards the rear of the application site and crossing Withycombe Brook may cause disturbance to species in terms of human disturbance. Aardvark EM Limited September 2009 Page 24

28 8 Recommendations In respect to the surveys completed to date the following recommendations and any necessary mitigation are given below. Wherever feasible, work near to trees should be undertaken during the low bat activity season (i.e. October to March) to minimise or negate the impact on foraging and commuting bats. Large mature trees should be retained throughout the site wherever possible. Any tree removal or tree surgery that may be required should include a visual inspection of the tree by a bat licensed worker prior to work commencing. This will help to ensure best practice guidelines are followed and to reduce the risk of potentially harming roosting bats. This will include the retention of linear features around the site such as tree lines, hedges and walls to maintain good commuting and foraging links with the wider landscape. Access routes for vehicles and pedestrians across the site should aim to avoid separating prominent bat flight paths. Any installation of lighting should be minimised wherever possible, particularly along the north and east boundaries where greatest activity was observed. Where lighting is required, directional low power lighting is recommended to avoid light spill into the tree line. To promote the use of the trees by bats and help reduce the impact of the development, bat boxes may be installed within the tree line to provide readily available roosting areas for bats. Up to three bat boxes can be installed on specified trees that are installed facing different aspects and at different heights to account for seasonal variation. Such enhancements need not be costly and can help to maintain and improve the local bat populations. A further badger survey is recommended specifically targeting the surrounding woodlands, dense hedgerows and areas where the access road is proposed to be built. Whilst no initial signs of badgers were found a more detailed destructive search through the dense vegetation would allow inaccessible areas to be surveyed. A breeding bird survey is recommended during the months of April, May and July during early morning visits. This is to establish any notable or schedule 1 birds located surrounding the woodland, in particular the woodlands proposed for removal for the new access road. All removal of trees, shrubs and hedgerows must be conducted with a suitably qualified ecologist present and completed outside bird breeding season (typically September to March). If any signs of nesting birds are found to be present, then work must stop and not allowed to continue until all fledglings have left the nest. If any further signs of protected species are found during initial clearance works then all work must stop and Aardvark contacted. To mitigate for the removal of part of the central hedgerow, it is recommended to replant the two gaps located at each end with locally prevalent species. Aardvark EM Limited September 2009 Page 25

29 There is a substantial amount of tree planting proposed within two section of the north boundary. This planting should occur during autumn and managed in a way so that the trees grow to their full potential as quickly as possible. This may involve a coppicing and clearance schedule. A buffer strip is also proposed to limit any direct loss of the woodland to the south. It is unknown what the width of this buffer strip is, however it would be recommended completing a development tree survey to identify root protection zones. Any trees to be planted must match those species found within the existing woodland. Any security lighting must not be directed at the woodlands or any mature trees. It must be of low level and sufficient lux so as to limit any light spill onto the surrounding woodlands and hedgerows. This must be highlighted within a lighting strategy. Aardvark can give suitable lux levels and lighting levels with respects to bats for any lighting strategy. Further enhancement measure to allow positive enhancement to the site could be the inclusion of bird nest boxes surrounding woodlands on site. They need not be costly or time consuming to erect. Aardvark can provide suitable provisions for these species. Aardvark EM Limited September 2009 Page 26

30 9 Annexes 9.1 Site layout plan Aardvark EM Limited September 2009 Page 27

31 9.2 Phase 1 habitat map Field 1 Central hedgerow Field 2 Aardvark EM Limited September 2009 Page 28

32 9.3 Data search results Aardvark EM Limited September 2009 Page 29