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EXTENDED PHASE I SURVEY REPORT BOND END COTTAGES, YOXALL July 2013 Eyebright Ecology 43 Hope Street Bignall End Newcastle-under-Lyme Staffordshire ST7 8PX 01782 721924 07867 538905 [email protected] www.eyebrightecology.co.uk P/2013/00765 Received 25/06/2013

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Page 1: EXTENDED PHASE I SURVEY REPORT BOND END COTTAGES, YOXALL July 2013 Application... · 2013. 7. 25. · EXTENDED PHASE I SURVEY REPORT BOND END COTTAGES, YOXALL July 2013 Eyebright

EXTENDED PHASE I SURVEY REPORT

BOND END COTTAGES, YOXALL

July 2013

Eyebright Ecology43 Hope StreetBignall EndNewcastle-under-LymeStaffordshireST7 8PX 01782 72192407867 [email protected]

P/2013/00765Received 25/06/2013

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Project Name Bond End, Cottages, YoxallProject Number C050Document Name Extended Phase I Survey Report

Author David AllenChecked By Eleanor Weir

Version 00Date of issue 22 July 2013

________________________________________________________________________________________________ 2 Bond End Cottages, Yoxall, Staffordshire

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1. NON-TECHNICAL SUMMARY

Eyebright Ecology were commissioned by Mr D Richards to undertake an Extended Phase I Habitat

Survey of a site known as Bond End Cottages, at Bond End Holding, Yoxall, Staffordshire.

The Phase I survey was undertaken on 12th July 2013 by an experienced and licensed ecologist.

The site comprised a small grassland field surrounded by tall hedgerows. The southern site

boundary was a cut hedgerow alongside the A515 road. The village of Yoxall lies to the north east of

the site.

There were semi-mature trees present within hedgerows which had no features with potential for

roosting bats.

Bats may forage over the habitats in the site and may use hedgerows as commuting routes. The

loss of grassland and a small section of hedgerow are unlikely to be significant to bat populations,

and bat activity surveys of the site are therefore not considered necessary. The replacement

gardens and new tree planting will provide replacement foraging habitat.

No evidence of badger was found on site but this species could occur on the site in future. It is

advisable that a check for badger setts is undertaken before construction if the chicken-proof fences

are not kept well maintained.

The hedgerows potentially provide sub-optimal habitat for dormouse but given the rarity of the

species in East Staffordshire, further survey for this species is not deemed necessary.

Nesting birds may be present in hedgerows and trees during the bird breeding season (March to

August inclusive). If any vegetation removal is planned during these months, a prior check for

nesting birds should be undertaken by an ecologist. Any active nests that are found must not be

moved until fledglings have dispersed. Recommendations are given to provide a variety of bird

nesting opportunities (e.g. bird boxes) as part of any development.

The rough grassland and hedgerows on the site have up to moderate potential to support small

numbers of common reptiles, particularly slow worm, common lizard and grass snake. A full reptile

survey is not considered necessary, as mitigation for great crested newts (see below) will also serve

to protect any reptiles present.

The grassland and hedgerows within the site provide potential terrestrial habitat for great crested

newts (GCN). There were four ponds identified within 500 metres of the site, two of which have

recent records of GCN. Of these, Pond 1 is connected to the site via suitable habitat in the form of

grassland, hedgerows and arable fields. Pond 1 was assessed using Habitat Suitability Index (HSI)

and was found to still be of Excellent suitability for GCN. However, this pond is 375 metres from the

site, and surrounded by good terrestrial habitat. On this basis, it is likely that there would be a low

risk of newts from this population reaching the site.

Pond 2, a small garden pond 55 metres from the site, was also assessed using HSI and found to be

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of Below Average suitability for GCN.

Although Pond 2 has low potential for GCN, it would be advisable to survey this pond in spring 2014

to ensure there are no breeding newts present, as this would increase likelihood for GCN to be

present on site. Great crested newt pond surveys can only be undertaken between mid March and

mid June, with at least two of the four surveys between mid April and mid May (if great crested newts

are present, six surveys are required).

If GCN were found present in Pond 2, a European Protected Species licence would be necessary to

ensure any GCN present are protected and the development remains lawful. In this case, the other

ponds may require up-to-date surveys.

If GCN were not present in Pond 2, on the basis that it is likely to be a low risk of encountering newts

on site, it is recommended that works proceed under a precautionary method statement. This would

include a supervised destructive search for newts during removal of grassland and hedgerows.

However, if any newts were found during the search or at any time during construction, works would

have to stop and a licence sought.

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2. INTRODUCTION

2.1 Background & Objectives

Eyebright Ecology were commissioned by Mr D Richards to undertake an Extended Phase I Habitat

Survey of a site known as Bond End Cottages, at Bond End Holding, Yoxall, Staffordshire DE13 8NJ

(SK138180).

The Phase I survey was undertaken on 12th July 2013 by an experienced ecologist. The objective

of this report is to provide the client with information on any known or potential protected or rare

species that may be using the site, and to outline recommendations on how to proceed with the

works in a legal and ecologically sensitive manner.

Unless the client indicates to the contrary, information on the species found to be present on the site

will be passed to the county biological records centre to update records held for the area.

2.2 Site Description

The site comprised a semi-improved grassland field, bordered by hedgerows. The site is surrounded

by open mixed farmland and the A515 borders the south side. The village of Yoxall lies to the north

west of the site.

2.3 Site Location

Figure 1: Location of site (left) and aerial view of site (right)

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3. METHODOLOGY

3.1 Data Search

Statutory internationally, nationally and locally designated sites within 2 km of the site were identified

using Natural England's web-based database (www.magic.defra.gov.uk).

A data request was made to Staffordshire Ecological Record (SER) for records of protected species

and species of conservation concern within 2 km of the site.

Ordnance survey maps (1:25,000) and aerial images of the site (www.streetmap.co.uk and

www.maps.google.co.uk) were examined online.

3.2 Habitats

An 'Extended' Phase I Habitat Survey was undertaken using standard methodology (JNCC 2010) 1.

The habitat types within the site were identified and mapped, and evidence or potential for protected

species was noted. Dominant and notable plant species in each habitat were recorded.

The Extended Phase I survey was undertaken on 12 July 2013. Weather conditions during the

survey were sunny and dry.

3.3 Species

During the 'Extended' Phase I survey, the site was inspected for any field signs of protected species

or species of conservation concern (see Table 1 – Legislation is detailed in Appendix 4). In addition,

the habitats on, and immediately adjacent to the site were assessed for their potential to support

such species.

Table 1: Protected fauna species relevant to site, habitats and field signs

Species Habitats / Features Field signs (in addition to sightings of individual animals)

Bats Roost sites: Trees, buildings and other structures (e.g. mines, caves, bridges etc)

Foraging areas: Waterbodies and wetland areas, river and stream corridors, grassland, parkland, woodland/edges, hedgerows and gardens

Commuting routes: Hedgerows, water courses and other linear features

At potential roost sites – droppings, staining from urine, feeding remains, individual bats

Badger Setts can occur in most urban and rural habitats, often found in woodland, along hedgerows and fields

Sett entrances, day nests, well-worn pathways, latrines, snuffle holes, hairs, prints.

Dormouse Hedgerows, scrub and woodland Characteristically chewed hazelnuts, nests

1 Handbook for Phase I Habitat Survey – A technique for environmental audit. Joint Nature Conservancy Council, 2010 (revised reprint).

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Species Habitats / Features Field signs (in addition to sightings of individual animals)

Birds Trees, scrub, grassland, hedgerows, buildings Nests, droppings below nest sites, pellets

Reptiles Rough grassland, logpiles, rubble, hedgebanks, wetland

Sloughed skins

Great crested newt

Ponds within 500 metres of site. Terrestrial habitat includes rough grassland, scrub, woodland, hedgerows, log and rubble piles, stone walls, animal burrows.

No field signs – presence is only confirmed by individual animals and eggs within pond.

Invertebrates Although all habitats will support an assemblage of invertebrates, certain sites may support particularly diverse invertebrate fauna, or rare species. Sites with a mosaic of habitats, wetland habitats and semi-natural ancient habitat types may be particularly important. Brownfield sites such as old industrial workings and quarries may also support diverse or rare invertebrates.

Few field signs although certain species (e.g. ground-nesting wasps) may have burrows.

3.4 Pond Assessment

Two ponds within 500 metres of the site were inspected and the Habitat Suitability Index2 calculated

for suitability to support great crested newts. Within this standardised methodology there are ten

different factors which appear to affect great crested newts, based on quality and quantity of habitat.

An index is produced, whereby 0 indicates unsuitable habitat and 1 indicates optimal habitat.

The terrestrial habitat within the site, and between the site and the ponds was also assessed for

potential to support great crested newts.

3.5 Survey Constraints

Data Search

Desk study data provides information on recorded species in the area and can be helpful for

targeting survey. However, it is possible that protected species that have not been identified within

the data search may occur on or adjacent to the site.

Field Survey

Habitats within 30 m of the site boundary were inspected as far as access allowed. Ponds up to

500m from the site were viewed where there was public access.

Fauna species present may not always leave field signs and in addition, species may take up

residence on site subsequent to the survey. If no development takes place within 12 months of this

survey report, the findings should be reviewed and may need updating, and a full survey should be

repeated within three years.

2 Oldham et al (2000)

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4. RESULTS

4.1 Data Search – Protected Sites

International Designations

There are no internationally designated sites within 2 km of the site.

National Designations

There are no nationally designated sites within 2 km of the site.

Local Designations

There are no locally designated sites within 2 km of the site.

Non-protected conservation sites

The site is within the area of National Forest, a project which aims to plant new woodland over 200

square miles of the Midlands which has very low woodland cover. This links existing woodland and

provides ecological and economic benefits.

4.2 Data Search – Protected Species

SER returned the following records of protected species which may be relevant to the site's habitats

and which have been recorded within 2 km of the site boundary.

SER provided 16 records of common pipistrelle bat Pipistrellus pipistrellus in 11 locations within 2 km

of the site. One of these records is of a roost site; none of the records were from within the site itself.

Additionally, there were 4 records of soprano pipistrelle Pipistrellus pygmaeus, Daubenton's bat

Myotis daubentonii and noctule bat Nyctalus noctula.

Water vole Arvicola amphibius, has been recorded on a watercourse less than 1 km from the site

boundary.

There are records of badger Meles meles within 2 km of the site.

SER returned four records of GCN within 2 km. Two of these ponds were within 500 metres of the

site - one at 375 m to the north-west (Pond 1) and one at 495 m to the south-west (Pond 3). These

were recent records, dating from 2010, from surveys following best practice guidelines. Locations of

these ponds are shown in Figure 3, Appendix 3.

A variety of bird species were recorded by SER within 2 km of the site, some at roads, bridges and

rivers close to the site. Species that may be relevant to the site's habitats are listed in Table 2.

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Table 2: Records of relevant bird species within 2 km.

Species Scientific name Special protection (see Appendix 3)

Status in UK3 Biodiversity Action Plan (BAP) Species

Barn Owl Tyto alba Amber List Staffordshire LBAP

Brambling Fringilla montifringilla

Schedule 1

Fieldfare Turdus pilaris Schedule 1 Red List

Redwing Turdus iliacus Schedule 1 Red List

Tree Sparrow Passer montanus Red List UK BAP, Staffordshire LBAP

Bluebell Hyacinthoides non-scripta has been recorded within 2 km of the site.

4.3 Field survey

Habitat Descriptions

Semi-improved neutral grassland (Plate 3)

The site comprised a semi-improved species-poor neutral grassland field. The grass had recently

been cut and there was an unused chicken coop present. The field is currently used for exercising

dogs. The sward was moderately dense with some thatching and tussocks, with a length of

approximately 10cm. Grasses included Yorkshire fog Holcus lanatus, rough-stalked meadow grass

Poa trivialis, cock's-foot Dactylis glomerata, common bent Agrostis capillaris and couch grass

Elymus repens. Herbs included frequent yarrow Achillea millefolium and occasional creeping thistle

Cirsium arvense, spear thistle Cirsium vulgare, common dock Rumex obtusifolius, creeping

buttercup Ranunculus repens, ribwort plantain Plantago lanceolata, and ragwort Jacobaea vulgaris.

Species-poor hedgerow with trees (Plate 1 & 2)

The field was bordered by species-poor hedgerows. Species were dominated by hawthorn

Crataegus monogyna with occasional damson Prunus domestica, elder Sambucus nigra, holly Ilex

aquifolium, hop Humulus lupulus, white bryony Bryonia dioica, wolf berry Lycium barbarum, ivy

Hedera helix and lilac Syringa vulgaris. There were two semi-mature multi-stemmed ash trees within

the north hedgerow. The ground flora (tall ruderals / herbs) which extended over a metre into the

field was dominated by common nettle Urtica dioica, areas of white dead-nettle Lamium album,

common hemp-nettle Galeopsis tetrahit, cleavers Galium aparine, occasional lords-and-ladies Arum

maculatum, bramble Rubus fruticosus agg., hogweed Heracleum sphondylium and grasses.

The site is raised above the A515 meaning that the southern boundary is on a bank. This southern

3 BTO Birds of Conservation Concern 3: Red List species have suffered severe recent population declines, Amber List species are in moderate population decline.

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boundary hedgerow was noted to have some gaps in it and this hedgerow had been recently cut to

approximately 1.5 metres. The other boundary hedgerows were tall and uncut.

Species

Bats

There were two semi-mature ash trees present within the hedgerows. The trees had negligible

potential for roosting bats due to being relatively young and multi-stemmed, with a lack of ivy cover

and no signs of decay or cavities and crevices.

The hedgerows and grassland habitat may be used by foraging bats, and bats may commute along

hedgerows to reach other habitats.

Badger

There was no evidence of badger on site or within 30 metres of the site boundary where access was

possible. Although the site is bordered to the south by the A515 road, habitats on site are suitable for

foraging badgers, and it is possible the species could occur on site in future. At the time of the survey

the chicken-proof fences appeared well maintained which is likely to limit badger access to the site.

Dormouse

The hedgerows were considered to be sub-optimal habitat for dormouse due to a lack of diverse

food species and nesting sites, although the hedgerows connect to other hedgerows in the wider

countryside. However, the species is rare in the county (there is a recent reintroduction site over 20

km away but the species is unlikely to have dispersed far) and it is considered unlikely that the

species would be present on site. No further consideration is given to dormouse in this report.

Birds

During the survey, the following bird species were recorded on site: house sparrow Passer

domesticus, wood pigeon Columba palumbus and carrion crow Corvus corone. Trees and

hedgerows provide potential foraging and nesting habitat for common and widespread species of

birds. The grassland is unlikely to be used by ground-nesting birds at present due to regular

presence of dogs in the field.

Reptiles

The rough grassland area and base of hedgerows had up to moderate potential to support species

of reptiles, in particular slow worm Anguilis fragilis and common lizard Zootoca vivipara. Grass

snake Natrix natrix may pass through the site because they range widely and there are ponds in the

locality. There is a small chicken coop (Plate 3, right) on a concrete slab base which could provide a

potential hibernation site for reptiles. The site was not directly connected to habitat with high

suitability for reptiles.

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Great crested newt

The grassland and hedgerows within the site provide potential terrestrial habitat for great crested

newt. Newts may forage within the grassland and hedgerows, and rabbit burrows within the

hedgerows and the concrete slab of the chicken coop could be used by sheltering or hibernating

newts.

Three existing ponds were identified within 500 m of the site during inspection of OS and aerial maps

of the site and surrounds (500 metres is the likely maximum distance that a great crested newt may

travel from it's breeding pond). A further garden pond was noted during the site visit and access

gained via Bond End Holding. Locations of these ponds are shown on Figure 3, Appendix 3.

Pond 1, approximately 375 m to the north-west of the site (Plate 4) has records of great crested newt

and was accessible to undertake a Habitat Suitability Index assessment (see 4.4). This pond was

connected to the site via continuous habitat of hedgerows, grassland and arable fields.

Pond 2, at Bond End Holdings (Plate 5, right) was a very small ornamental fish pond approximately

55 m from the site, and was accessible to undertake a Habitat Suitability Index assessment (see

4.4). Habitat between the pond and site was amenity grassland (short mown lawn) and hedgerows.

Pond 3 was not accessible for inspection, but is situated in a farmyard at 495 m away from the site

on the other side of the A515. This pond also had records of great crested newt.

Pond 4 was not accessible for inspection, but was a field pond situated the other side of the A515 at

415 m to the south-east with no known records.

Invertebrates

The majority of the site is likely to support a range of common and widespread invertebrates. The

areas of grassland and hedgerow are likely to support the greatest diversity of insects.

Invasive species

No invasive species were recorded.

Plate 1: Site looking east along north hedgerow (left), looking west along southern hedge (right)

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Plate 2: West boundary hedge (left) , looking west, northern boundary (right)

Plate 3: Looking west at rough grassland (left) Chicken coop (right)

4.4 Habitat Suitability Index of Pond for Great Crested Newts

Pond Locations

Locations of ponds within 500 metres of the site are shown in Figure 3, Appendix 3. Habitat

Suitability Index was undertaken on Pond 1 and Pond 2.

Pond Descriptions

Pond 1

The pond near Yoxmoor Bank (Plate 4) measured approximately approximately 31 m x 35 m with

steep sloping banks, which were mostly covered by grasses. Water levels appeared to be low

because of the current dry weather but the pond appeared unlikely to dry up completely.

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There were mature willow trees lining the pond on the south side, casting some shade. The north

bank had a belt of Cypress trees which did not shade the pond.

There was a wide margin of emergent vegetation (Calamagrostis sp.) but no submerged aquatic

vegetation was visible.

There was no water fowl present at the time of the survey, but waterfowl had been reported using the

pond recently. There was no evidence of heavy use by water fowl. There were no fish seen or

reported as being present. Immediately surrounding the pond, there was extensive vegetation cover

and foraging habitat comprising small trees, shrubs and rough grassland. This habitat was assessed

to be of good value to great crested newts. There were hedgerows to the south and east with

National Forest planted areas to the west and north. Beyond the pond vicinity were arable fields and

pasture which provides poor to moderate terrestrial habitat for great crested newts.

Pond 2

The garden pond at Bond End Holdings (Plate 5, right) was approximately 2 m in diameter and was

within a raised brick structure. The emergent vegetation was Iris species and water lily Nymphaea

species. Submerged aquatic vegetation was visible. Fish were reported in the pond but the pond

would not be suitable for water fowl due to the netting covering it. Surrounding terrestrial habitat was

amenity grassland (regularly mown lawn) which was assessed to be poor habitat for great crested

newts. To the west was buildings and hardstanding, and a hedgerow and arable field to the north.

Habitat Suitability Index

Table 3 shows calculations of Habitat Suitability Index (HSI) assessment for Pond 1 and Pond 2.

Scoring system Pond 1 (Yoxmoor Bank)

Pond 2 (Garden pond)

Location Optimal (1) Optimal (1)

Pond Area 755m2 (1) 3m2 (0.05)

Pond Drying Never (0.9) Never (0.9)

Water Quality Moderate (0.67) Moderate (0.67)

Shade 10% (1) 0% (1)

Fowl Minor (0.67) None (1)

Fish Possible (0.67) Minor (0.33)

Ponds 8 (0.9) 7 (0.82)

Terrestrial Habitat Good (1) Poor (0.33)

Macrophytes 50% (0.8) 80% (1)

Calculated score (scores multiplied and tenth root taken)

0.85 0.55

Pond Suitability Excellent Below Average

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Plate 4: Pond 1 near Yoxmoor Bank: View to east (left) and showing emergent vegetation (right)

Plate 5: Looking toward Pond 1 (left), Pond 2 at Bond End Holdings (right)

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5. DISCUSSION & RECOMMENDATIONS

5.1 Summary of Findings

Bats may roost within trees if there are suitable crevices and cavities available. The semi-mature

trees on site did not have any features with potential for roosting bats. Bats may forage over

grassland and hedgerows and may also use the hedgerows to commute to other habitats.

No evidence of badger was found within the site.

Nesting and foraging birds may use the trees and hedgerows on the site.

The areas of rough grassland and hedgerows may provide potentially suitable habitat for common

reptiles, in particular slow worm, common lizard and grass snake.

There were four ponds within 500 metres of the site, two of which had records of great crested newt.

Pond 1 to the north west of the site was assessed, and the Habitat Suitability Index score was

calculated as Excellent suitability; Pond 2 was a small ornamental fish pond which although close to

the site, was scored as Below Average suitability for great crested newts. Ponds 3 and 4 were not

visually inspected. The grassland and hedgerows within the site provide suitable terrestrial habitat for

this species.

5.2 Potential Impacts of Works

The proposed development involves construction of a detached house with gardens, and creation of

access from the main road through the southern hedgerow. There will be a small amount of

hedgerow loss, but none of the trees within the hedgerows will be affected. There will be trees

planted in an adjacent field equivalent to 20% of the area of the site. Potential impacts are likely to

include the following.

Removal of grassland and hedgerows may cause minor loss of bat foraging habitat. Severance of

hedgerows can affect bat commuting routes. Any increase in general light levels could also affect bat

foraging and commuting. The area of new tree planting will provide replacement foraging habitat

which compensates for the habitat loss.

Although there were no badger setts observed on site, badger activity can change over a short

space of time. If any setts were created on site prior to works, tunnels could be affected by

groundworks and vegetation removal and badgers could be harmed.

Loss of grassland, hedgerows and trees may affect birds that use the site for breeding and foraging

by causing a decrease in nesting sites and food resources. Loss of these habitats may directly harm

nesting birds if carried out during the breeding season (March to August inclusive). The area of new

tree planting will provide alternative foraging and nesting habitat which is a positive impact.

In the event that reptiles were present on site, they may be killed or injured during removal of

vegetation or ground works. They would also suffer loss of habitat.

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If great crested newts were present on site, they may be killed or injured if removal/works to the

terrestrial habitats were undertaken. They would also suffer loss of foraging and sheltering habitat.

5.3 Recommendations

Bats

Further survey of the trees is not deemed necessary because they did not have suitable features for

roosting bats, and the trees are due to be retained within the development.

Loss of grassland is unlikely to significantly impact local bat populations, given the abundance of

more extensive foraging habitat within the locality and taking into account that any new residential

development will also include gardens which can be used by foraging bats. Furthermore, the new

area of tree planting will provide additional foraging habitat.

The minor severance of the southern hedgerow to create the access is unlikely to be significant to

commuting bats. It is unlikely that the development will significantly increase light levels within the

site, other than minor light spill from windows at night. Any security lighting should be downward

pointing and on a timed motion sensor.

Given the likely low impact of the development on bat foraging and commuting habitat, and the small

size of the site, it is not considered necessary to undertake bat activity transects within the site.

Badger

Although no badger activity was observed on the site at the time of the survey, activity patterns of

this species can change over a short space of time. If fencing becomes less well maintained, it

would be advisable to check for badger setts prior to construction commencing.

Birds

Nesting birds may be present in the trees, hedgerows and grassland during the bird breeding season

(March to August inclusive). If vegetation removal is planned during these months, a prior check for

nesting birds should be undertaken by an ecologist. Any active nests that are found must not be

moved until fledglings have dispersed.

Where possible, habitats suitable for nesting and foraging birds should be retained, enhanced or

created within any new development. The semi-mature trees and hedgerow habitats within the site

are likely to be the most valuable to nesting birds, and will be largely retained. The new planting of

trees as part of the National Forest scheme will benefit birds, and this will compensate for the small

section of hedgerow which is due to be removed.

It would be of conservation benefit to install a variety of nesting boxes for different bird species within

the site in future (buildings and trees where suitable) to enhance the site for nesting birds and

encourage bird diversity. Information on bird nesting boxes can be found here:

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http://www.rspb.org.uk/advice/helpingbirds/nestboxes/. Enhancing existing hedgerows or planting

new hedgerows and shrubs within any new development can benefit birds if a wide range of native

species are used.

Reptiles

Although common reptiles could use the grassland, it is unlikely there are large populations present

as the site is not directly connected to habitat with high potential for reptiles . Provided the site does

not significantly alter in habitat suitability (i.e. grass is cut fairly regularly), it is not considered

necessary to undertake a full reptile survey. Mitigation that will be undertaken for great crested

newts (e.g. destructive search, habitat enhancement) will also serve to find and protect any reptiles

present. Any reptiles found during this process should be taken immediately to suitable undisturbed

habitat (e.g. the adjacent area of new tree planting).

Great crested newt

Although there are ponds within 500 metres with known populations of great crested newt, and the

site represents suitable terrestrial habitat, it is considered a low risk that small numbers of great

crested newts would reach the site. The majority of great crested newts have been found to remain

within 100 metres of their breeding pond (Cresswell & Whitworth, 2004) and this is particularly

relevant to the closest known breeding Pond 1 as it is surrounded by favourable terrestrial habitat.

Furthermore, as the site is classed as 'distant' habitat, the habitat loss caused by the proposed

development is likely to be of low impact to the known newt population.

The closest pond is the garden Pond 2 at 55 m away which was assessed to be 'Below Average'

suitability to support breeding newts. Nevertheless, as newts cannot be ruled out from using this

pond in small numbers, it is advised that it is surveyed for breeding newts in spring 2014. As there is

low potential for small numbers of newts to be breeding in this pond, it would be pragmatic to allow

this survey to be undertaken as a condition of planning.

Great crested newt surveys involve four repeat survey sessions between mid-March and mid-June to

establish presence or absence (at least two of these surveys would be undertaken in the peak

breeding period of mid-April to mid-May to ensure validity of results). Methods involve at least three

of the following: torchlight counts; bottle trapping; netting; and egg searching. Bottle traps are set at

night, at two metre intervals along accessible sections of the bank. Traps would then be checked

and retrieved the following morning, in line with good practice. Egg search would also be carried out

in the morning if any vegetation can be found.

Where great crested newts are found to be present, a further two visits are required to determine the

population size (making six in total, with at least three being undertaken between mid-April and mid-

May).

In the event that great crested newts were found to be breeding within the garden pond, it increases

likelihood that individuals would be found on the site, and in this case a European Protected Species

licence would be advisable. Up to date surveys of the other ponds within 500 metres may be

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required in this case, to provide data for the licence application.

If great crested newts are not found using the garden pond, on the basis that it is likely to be a low

risk of encountering great crested newts on the site, it is recommended that a precautionary method

statement is followed. This would prescribe careful searches for newts to be undertaken by a

licensed ecologist during vegetation (hedgerow and grassland) removal. If great crested newts were

found at any point during this process or during construction, work would have to stop and a licence

would need to be applied for. This may cause delays to works.

The precautionary method statement should include the following:

Destructive search during topsoil strip and removal of chicken coop between April and

October supervised by a licensed ecologist

Destructive search during removal of hedgerow section to be undertaken between April and

October supervised by a licensed ecologist

Habitat enhancement could be undertaken within the area set aside for National Forest tree

planting alongside the hedgerow in the adjacent field. Enhancement measures could include

irregular cutting of grass (maximum once a year) and provision of log piles.

6. REFERENCES

Anon (1995) Guidelines for Baseline Ecological Assessment. Institute of Environmental Assessment. Chapman & Hall.

Anon (1995) The UK Biodiversity Action Plan. Joint Nature Conservation Committee, Peterborough.

Anon (1999) Advice Sheet 10: Reptile Survey. Froglife, Peterborough.

Anon (2002) Badgers and Development. English Nature, Peterborough.

Anon (2003) Handbook for Phase 1 Habitat Survey – A Technique for Environmental Audit (Revised reprint). Joint Nature Conservancy Council, Peterborough.

Anon (2004) Reptiles: Guidelines for Developers. English Nature, Peterborough.

Anon (2012) Bat Surveys – Good Practice Guidelines. Bat Conservation Trust, London.

Cresswell, W. & Whitworth, R (2003) An assessment of the efficiency of capture techniques and thevalue of different habitats for the great crested newt Triturus cristatus. English Nature ResearchReports, No. 576.

Foster, J. (2001) Great Crested Newt Mitigation Guidelines. English Nature, Peterborough.

Gent, T. & Gibson, S. (1998) Herpetofauna Workers Manual. Joint Nature Conservation Committee, Peterborough.

Mitchell-Jones, A.J. (2004). Bat Mitigation Guidelines. English Nature, Peterborough.

Mitchell-Jones, A.J. & McLeish, A.P. [Eds.] (2004). The Bat Workers Manual (3rd edition). Joint

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Nature Conservancy Council, Peterborough.

Rose, F. (1991). The Wild Flower Key. Frederick Warne, London.

Websites used:

Protected Sites: www.magic.gov.uk

Staffordshire Biodiversity Action Plan: http://www.sbap.org.uk/

UKBAP: http://jncc.defra.gov.uk/page-5155

www.rspb.org.uk

www.streetmap.co.uk

www.maps.google.co.uk

www.bing.com/maps

Web addresses for access to full UK legislation and policy text:

Conservation (Natural Habitats &c.) Regulations 1994:http://www.opsi.gov.uk/si/si1994/uksi_19942716_en_1

Conservation (Natural Habitats &c.) (Amendment) Regulations 2007:http://www.opsi.gov.uk/si/si2007/uksi_20071843_en_1

Conservation (Natural Habitats &c.) (Amendment) Regulations 2009:http://www.legislation.gov.uk/uksi/2009/6/pdfs/uksi_20090006_en.pdf

Habitats Directive:http://ec.europa.eu/environment/nature/legislation/habitatsdirective/index_en.htm

Wildlife and Countryside Act 1981:http://www.legislation.gov.uk/ukpga/1981/69

Countryside and Rights of Way Act 2000:http://www.legislation.gov.uk/ukpga/2000/37/contents

Protection of Badgers Act 1992:http://www.opsi.gov.uk/ACTS/acts1992/ukpga_19920051_en_1

Natural Environment and Rural Communities Act 2006:http://www.legislation.gov.uk/ukpga/2006/16/contents

National Planning Policy Framework 2012:http://www.communities.gov.uk/publications/planningandbuilding/nppf

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APPENDIX 1

Figure 2: Extended Phase I Habitat Map

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APPENDIX 2: Target Notes

Table 2: Target Notes (shown on Figure 2)

Number Target Note

1 Unused chicken coop with concrete slab foundations - this was noted as a possible great crested newt / reptile hibernation site.

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APPENDIX 3

Figure 3 : Locations of ponds within 500 metres from Bond End Cottages

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APPENDIX 4: Relevant wildlife legislation and policy

Habitat Regulations

The Conservation of Habitats and Species Regulations 2010 make it an offence to deliberately capture, kill

or disturb any wild animal listed in Schedule 2. It is also an offence to damage or destroy a breeding site or

resting place of such an animal, even if the animal is not present at the time. In UK, these European

Protected Species include (in addition to other animals and plants not relevant to this site):

All species of bats

Great crested newt

Special Areas of Conservation (SAC) sites are also designated under the Habitats Directive, due to the

presence of habitats and/or species which are important for conservation at a European level.

Wildlife & Countryside Act

The Wildlife and Countryside Act 1981, as amended by the Countryside and Rights of Way Act (CRoW)

2000 and the Natural Environment and Rural Communities Act (NERC) 2006, consolidates and amends

existing national legislation to implement the Convention on the Conservation of European Wildlife and

Natural Habitats (Bern Convention) and Council Directive 79/409/EEC on the Conservation of Wild Birds

(Birds Directive), making it an offence to:

Intentionally kill, injure or take any wild bird or their eggs or nests (with certain exceptions) and

disturb any bird species listed under Schedule 1 to the Act, or its dependent young while it is

nesting;

Intentionally kill, injure or take any wild animal listed under Schedule 5 to the Act; intentionally or

recklessly damage, destroy or obstruct any place used for shelter or protection by any wild animal

listed under Schedule 5 to the Act; intentionally or recklessly disturb certain Schedule 5 animal

species while they occupy a place used for shelter or protection;

Pick or uproot any wild plant listed under Schedule 8 of the Act.

Plant or otherwise cause to grow in the wild any invasive plant listed under Schedule 9 of the Act.

Sites of Special Scientific Interest (SSSI) are also designated under this Act.

In respect to this site, the widespread reptile species (adder, grass snake, common lizard and slow

worm) have partial protection under Schedule 5, against intentional killing, injuring and trade. Bats

and great crested newts also have full protection under Schedule 5.

Protection of Badgers Act

The Protection of Badgers Act 1992 makes it illegal to kill, injure or take a badger or to intentionally or

recklessly interfere with a badger sett. Sett interference includes disturbing badgers whilst they are

occupying a sett or obstructing access to it.

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Hedgerow Regulations

The Hedgerow Regulations 1997 (as amended) makes it illegal to remove or destroy 'important' hedgerows

without Local Planning Authority permission (either through planning or a Hedgerow Removal Notice).

Hedgerows that are at least 20 metres long, more than 30 years old and contain certain botanical species

need to be assessed for 'importance' using a number of criteria set out in the Regulations.

Natural Environment & Rural Communities Act

The NERC 2006 places a duty on authorities to have due regard for biodiversity and nature conservation

during the course of their operations.

National Planning Policy Framework (NPPF)

The recently published NPPF replaces Planning Policy Statements (e.g. PPS9) and sets out current

government policy on biodiversity and nature conservation. Planners are required to set criteria based

policies against which proposals for development which may affect legally protected species will be judged.

The NPPF promotes sustainable development by ensuring that developments take account of the role and

value of biodiversity with emphasis on maintaining ecological networks at a landscape level.

Biodiversity Action Plans

The UK Biodiversity Action Plan (UKBAP) was organised to fulfil the Rio Convention on Biological Diversity

in 1992, to which the UK is a signatory. A list of national priority species and habitats has been produced

with all listed species/habitats having specific action plans defining the measures required to ensure their

conservation. Regional and local BAPs have also been organised to develop plans for species/habitats of

nature conservation importance at regional and local levels.