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LAND SOUTH OF SAXON RISE, CAMPHILL, NUNEATON

PRELIMINARY ECOLOGICAL APPRAISAL

A Report to: Barratt Homes

Report No: RT-MME-124473-01

Date: February 2017

Triumph House, Birmingham Road, Allesley, Coventry CV5 9AZ Tel: 01676 525880 Fax: 01676 521400

E-mail: [email protected] Web: www.middlemarch-environmental.com

mailto:[email protected]

http://www.middlemarch-environmental.com/

Land South of Saxon Rise, Camp Hill, Nuneaton RT-MME-124473-01 Preliminary Ecological Appraisal

Middlemarch Environmental Ltd. Page 1

REPORT VERIFICATION AND DECLARATION OF COMPLIANCE

This study has been undertaken in accordance with British Standard 42020:2013 “Biodiversity, Code of practice for planning and development”.

Report Version

Date Completed by: Checked by: Approved by:

Final 13/02/2017

Victoria Worrall MSc (Senior Ecological

Consultant) and Sarah Boulstridge BSc (Hons) (Ecological Consultant)

Tom Docker MSc MCIEEM (Ecological Impact Assessment

Manager)

David Smith MCIEEM (Ecology and

Landscapes Director)

Rev A 16/02/2017

Victoria Worrall MSc (Senior Ecological

Consultant) and Sarah Boulstridge BSc (Hons) (Ecological Consultant)

Tom Docker MSc MCIEEM (Ecological Impact Assessment

Manager)

David Smith MCIEEM (Ecology and

Landscapes Director)

The information which we have prepared is true, and has been prepared and provided in accordance with the Chartered Institute of Ecology and Environmental Management’s Code of Professional Conduct. We confirm that the opinions expressed are our true and professional bona fide opinions.

DISCLAIMER

The contents of this report are the responsibility of Middlemarch Environmental Ltd. It should be noted that, whilst every effort is made to meet the client’s brief, no site investigation can ensure complete assessment or prediction of the natural environment. Middlemarch Environmental Ltd accepts no responsibility or liability for any use that is made of this document other than by the client for the purposes for which it was originally commissioned and prepared.

VALIDITY OF DATA

The findings of this study are valid for a period of 24 months from the date of survey. If works have not commenced by this date, an updated site visit should be carried out by a suitably qualified ecologist to assess any changes in the habitats present on site, and to inform a review of the conclusions and recommendations made.



NON-TECHNICAL SUMMARY

Middlemarch Environmental Ltd was commissioned by Barratt Homes to carry out a Preliminary Ecological Appraisal of land south of Saxon Rise in Camp Hill, Nuneaton. This assessment is required to inform a planning application associated with re-grading to connect Whittleford Park to the new housing development (Phases 4 & 6). To fulfil this brief an ecological desk study and a walkover survey (in accordance with Phase 1 Habitat Survey methodology) were undertaken. The desk study exercise identified one European statutory site within 5 km of the survey area, three UK statutory sites and five ancient woodlands within 2 km and twenty-six non-statutory sites within 1 km. The site is not located within 10 km of a statutory site designated for bats. The desk study also provided records of protected and notable species including bats, amphibians, reptiles, birds and invertebrates. The walkover survey was undertaken on 25th January 2017 by Victoria Worrall, Senior Ecological Consultant. The site comprises a strip of poor semi-improved grassland with a single pocket of dense scrub and a scattered tree. The grass is predominantly managed; however the south-eastern section is more tussocky in nature. A small area of concrete hardstanding is located in the north-west of the site. The survey area is predominantly flat in topography; however the land rises steeply along the northern boundary. The key ecological features on site in relation to the works proposed is the presence of a nature conservation site within and surrounding the boundary of the survey area and the potential presence of notable/protected species including reptiles, nesting birds, bats, hedgehog, and common amphibians. In order to ensure compliance with wildlife legislation and relevant planning policy, the following recommendations are made: R1 Barpool Valley and Bucks Hill Claypit Local Wildlife Site: The Local Planning Authority ecologist

and / or the local Wildlife Trust should be consulted prior to any works commencing to discuss the impacts on this nature conservation site and to determine what construction control measures/mitigation measures are required.

R2 Construction Ecological Management Plan: A Construction Ecological Management Plan (CEcMP) should be compiled for the site to minimise the potential impact of the construction phase of the development on the existing ecology of the site and off site receptors, and ensure works proceed in accordance with current wildlife legislation. This document should be agreed with the Local Planning Authority ecologist prior to any works commencing.

R3 Habitat Loss and Enhancement: Biodiversity enhancement measures should be incorporated into the landscaping scheme to maximise the ecological value of the site. Specific habitat creation recommendations for the proposed scheme include the creation of wildflower grassland on the embankment to compensate for the loss of poor semi-improved grassland habitat and provide suitable habitat for a range of fauna including reptiles, birds, invertebrates and foraging/commuting bats.

R5 Foraging Bats: In line with paragraph 125 of the National Planning Policy Framework, the development should aim to limit the impact of light pollution on bats through the use/installation of low-intensity lighting systems with minimum spillage. Lighting should not adversely impact on the adjacent Whittleford Park. Lighting should be designed using guidance from ‘Landscape and Urban Design for Bats and Biodiversity’ (Gunnell et al, 2012, Bat Conservation Trust).

R6 Reptiles: Vegetation clearance should be undertaken in a sensitive manner during the reptile active season (this is weather dependent but generally extends between and April and September inclusive). Should any reptiles be discovered on site, works should cease immediately and an experienced ecologist should be contacted to determine a way forward.

R7 Amphibians: The site clearance protocols and working methodologies, detailed within Chapter 6 of the Great Crested Newt Assessment and Reasonable Avoidance Method Statement Report RT-MME-122199-02 (Phases 4 & 6) should be adhered to.

R8 Nesting Birds: Vegetation clearance should be undertaken outside the nesting bird season. The nesting bird season is weather dependent but generally extends between March and September inclusive (peak period March-August). If this is not possible then any vegetation to be removed or disturbed should be checked by an experienced ecologist for nesting birds immediately prior to works commencing.



CONTENTS

1. INTRODUCTION ........................................................................................................................................ 4

1.1 PROJECT BACKGROUND ........................................................................................................................ 4 1.2 SITE DESCRIPTION AND CONTEXT .......................................................................................................... 4 1.3 DOCUMENTATION PROVIDED .................................................................................................................. 4

2. METHODOLOGIES.................................................................................................................................... 5

2.1 DESK STUDY ......................................................................................................................................... 5 2.2 PHASE 1 HABITAT SURVEY ..................................................................................................................... 5

3. LEGISLATION AND POLICY .................................................................................................................... 6

3.1 GENERAL BIODIVERSITY LEGISLATION AND POLICY ................................................................................. 6 3.2 NATIONAL PLANNING POLICY FRAMEWORK AND PRACTICE GUIDANCE ..................................................... 7 3.3 LOCAL PLANNING POLICY ....................................................................................................................... 8

4. DESK STUDY RESULTS ........................................................................................................................ 10

4.1 INTRODUCTION .................................................................................................................................... 10 4.2 NATURE CONSERVATION SITES ............................................................................................................ 10 4.3 PROTECTED / NOTABLE SPECIES .......................................................................................................... 13 4.4 INVASIVE SPECIES ................................................................................................................................ 15

5. PHASE 1 HABITAT SURVEY ................................................................................................................. 16

5.1 INTRODUCTION .................................................................................................................................... 16 5.2 SURVEY CONSTRAINTS AND LIMITATIONS .............................................................................................. 16 5.3 HABITATS ............................................................................................................................................ 16 5.4 FAUNA ................................................................................................................................................ 17 5.5 INVASIVE PLANT SPECIES .................................................................................................................... 17

6. DISCUSSIONS AND CONCLUSIONS .................................................................................................... 18

6.1 SUMMARY OF PROPOSALS ................................................................................................................... 18 6.2 NATURE CONSERVATION SITES ............................................................................................................ 18 6.3 HABITATS ............................................................................................................................................ 18 6.4 PROTECTED/NOTABLE SPECIES ........................................................................................................... 19 6.5 INVASIVE PLANT SPECIES .................................................................................................................... 20

7. RECOMMENDATIONS ............................................................................................................................ 21

7.1 NATURE CONSERVATION SITES ............................................................................................................ 21 7.2 HABITATS ............................................................................................................................................ 21 7.3 PROTECTED / NOTABLE SPECIES .......................................................................................................... 21 7.4 INVASIVE PLANT SPECIES .................................................................................................................... 22

8. DRAWINGS .............................................................................................................................................. 23 9. PHOTOGRAPHS ..................................................................................................................................... 26 REFERENCES AND BIBLIOGRAPHY ........................................................................................................... 27 APPENDICES ................................................................................................................................................. 28

APPENDIX 1 ................................................................................................................................................... 29 APPENDIX 2 ................................................................................................................................................... 35



1. INTRODUCTION

1.1 PROJECT BACKGROUND

In January 2017 Barratt Homes commissioned Middlemarch Environmental Ltd to undertake a Preliminary Ecological Appraisal of land south of Saxon Rise in Camp Hill, Nuneaton. This assessment is required to inform a planning application associated with re-grading works to connect to Whittleford Park with the new housing development (Phases 4 & 6). Middlemarch Environmental Ltd has previously carried out the following assessments for Barratt Homes for land immediately north of the survey area (referred to as Phase 4 and 6 Saxon Rise).

Preliminary Ecological Appraisal, Report RT-MME-121958-01;

Pre-development Arboricultural Assessment, Report RT-MME-121958-02;

Arboricultural Method Statement, Report RT-MME-121958-03;

Biodiversity Action Plan, Report RT-MME-121958-04;

Reptile Survey, Report RT-MME-122199-01; and,

Great Crested Newt Assessment and Reasonable Avoidance Method Statement, Report RT-MME-122199-02.

To assess the existing ecological interest of the site an ecological desk study was carried out, and a walkover survey was undertaken on 25th January 2017. Middlemarch Environmental Ltd have also been commissioned by the client to carry out a Biodiversity Offsetting Calculation, please refer to Report RT-MME-124473-02.

1.2 SITE DESCRIPTION AND CONTEXT

The site forms a narrow strip of land immediately south of the Phase 4 and 6 Saxon Rise development site in Camphill, Nuneaton. The site is centred at National Grid Reference SP 33354 92503. The site comprises a strip of poor semi-improved grassland with a single pocket of dense scrub and scattered tree. The grass is predominantly managed; however the south-eastern section was more tussocky in nature. A small area of concrete hardstanding is located in the north-west of the site. The survey area is predominantly flat in topography however the land rises steeply along the northern boundary. The site forms a small section of Barpool Valley and Bucks Hill Claypit Local Wildlife Site (also known as Whittleford Park). The conservation site, which extends to the south-east covers a large area which comprises grassland, scrub, woodland and wetland habitats; it also includes Bar Pool Brook. The conservation site is frequently used by the public for recreational purposes and there are a number of public footpaths in the area.

1.3 DOCUMENTATION PROVIDED

The conclusions and recommendations made in this report are based on information provided by the client regarding the scope of the project. Documentation made available by the client is listed in Table 1.1.

Document Name / Drawing Number Author

Proposed Site Plan / 004 Rev T IDP

Park Planting Plan: LA266 004 RevA (1 of 2) IDP

Park Planting Plan: LA266 005 RevA (2 of 2) IDP

Table 1.1: Documentation Provided by Client

The ‘Proposed Site Plan’ is provided in Chapter 7.



2. METHODOLOGIES

2.1 DESK STUDY

An ecological desk study was undertaken to determine the presence of any designated nature conservation sites and protected species in proximity to the site. This involved contacting appropriate statutory and non-statutory organisations which hold ecological data relating to the survey area. Middlemarch Environmental Ltd then assimilated and reviewed the desk study data provided by these organisations. The consultees for the desk study were:

Natural England - MAGIC website for statutory conservation sites; and,

Warwickshire Biological Records Centre. The desk study included a search for European statutory nature conservation sites within a 5 km radius of the site (extended to 10 km for any statutory site designated for bats), UK statutory sites within a 2 km radius and non-statutory sites and protected/notable species records within a 1 km radius. The data collected from the consultees is discussed in Chapter 4. Selected raw data are provided in Appendix 1. In compliance with the terms and conditions relating to its commercial use, the full desk study data is not provided within this report. The desk study also included a review of relevant local planning policy with regard to biodiversity and nature conservation (see Chapter 3).

2.2 PHASE 1 HABITAT SURVEY

The walkover survey was conducted following the Phase 1 Habitat Survey methodology of the Joint Nature Conservation Committee (JNCC, 2010) and the Institute of Environmental Assessment (IEA, 1995). Phase 1 Habitat Survey is a standard technique for classifying and mapping British habitats. The aim is to provide a record of habitats that are present on site. During the survey, the presence, or potential presence, of protected species was noted. Whilst every effort is made to notify the client of any plant species listed on Schedule 9 of the Wildlife and Countryside Act (1981, as amended) present on site, it should be noted that this is not a specific survey for these species. Data recorded during the field survey are discussed in Chapter 5.



3. LEGISLATION AND POLICY

This chapter provides an overview of the framework of legislation and policy which underpins nature conservation and is a material consideration in the planning process in England. The reader should refer to the original legislation for the definitive interpretation.

3.1 GENERAL BIODIVERSITY LEGISLATION AND POLICY

Conservation of Habitats and Species Regulations 2010 (as amended) The Habitats Regulations 2010 consolidate and update the Conservation (Natural Habitats, &c.) Regulations 1994 and all its various amendments. The Habitats Regulations 2010 are the principal means by which the EEC Council Directive 92/43 (The Habitats Directive) as amended is transposed into English and Welsh law. The Habitats Regulations 2010 place duty upon the relevant authority of government to identify sites which are of importance to the habitats and species listed in Annexes I and II of the Habitats Directive. Those sites which meet the criteria are, in conjunction with the European Commission, designated as Sites of Community Importance, which are subsequently identified as Special Areas of Conservation (SAC) by the European Union member states. The regulations also place a duty upon the government to maintain a register of European protected sites designated as a result of EC Directive 79/409/EEC on the Conservation of Wild Birds (The Birds Directive). These sites are termed Special Protection Areas (SPA) and, in conjunction with SACs, form a network of sites known as Natura 2000. The Habitats Directive introduces for the first time for protected areas, the precautionary principle; that is that projects can only be permitted having ascertained no adverse effect on the integrity of the site. Projects may still be permitted if there are no alternatives, and there are imperative reasons of overriding public interest. The Habitats Regulations 2010 also provide for the protection of individual species of fauna and flora of European conservation concern listed in Schedules 2 and 5 respectively. Schedule 2 includes species such as otter and great crested newt for which the UK population represents a significant proportion of the total European population. It is an offence to deliberately kill, injure, disturb or trade these species. Schedule 5 plant species are protected from unlawful destruction, uprooting or trade under the regulations. The Habitats Regulations 2010 were amended in August 2012 to ensure clearer transposition of the provisions of Articles 2, 3, 4(4) (second sentence) and Article 10 of the Wild Birds Directive, by giving additional and specific duties to relevant bodies. A number of amendments were also made to transpose more clearly certain elements of the Habitats Directive. The Wildlife and Countryside Act (WCA) 1981 (as amended) The WCA, as amended, consolidates and amends pre-existing national wildlife legislation in order to implement the Bern Convention and the Birds Directive. It complements the Habitat Regulations 2010 (as amended), offering protection to a wider range of species. The Act also provides for the designation and protection of national conservation sites of value for their floral, faunal or geological features, termed Sites of Special Scientific Interest (SSSIs). Schedules of the act provide lists of protected species, both flora and fauna, and detail the possible offences that apply to these species. The Countryside and Rights of Way (CRoW) Act 2000 The CROW Act, introduced in England and Wales in 2000, amends and strengthens existing wildlife legislation detailed in the WCA. It places a duty on government departments and the National Assembly for Wales to have regard for biodiversity, and provides increased powers for the protection and maintenance of SSSIs. The Act also contains lists of habitats and species (Section 74) for which conservation measures should be promoted, in accordance with the recommendations of the Convention on Biological Diversity (Rio Earth Summit) 1992. The Natural Environment and Rural Communities (NERC) Act 2006 Section 40 of the NERC Act places a duty upon all local authorities and public bodies in England and Wales to promote and enhance biodiversity in all of their functions. Sections 41 (England) and 42 (Wales) list habitats and species of principal importance to the conservation of biodiversity. These lists superseded Section 74 of the CRoW Act 2000.



The Hedgerow Regulations 1997 The Hedgerow Regulations make provision for the identification of important hedgerows which may not be removed without permission from the Local Planning Authority. UK Post-2010 Biodiversity Framework The UK Biodiversity Action Plan (BAP), published in 1994, was the UK Government’s response to signing the Convention on Biological Diversity (CBD) at the 1992 Rio Earth Summit. The new UK Post-2010 Biodiversity Framework replaces the previous UK level BAP. The UK Post-2010 Biodiversity Framework covers the period 2011-2020 and forms the UK Government’s response to the new strategic plan of the United Nations Convention on Biological Diversity (CBD), published in 2010 at the CBD meeting in Nagoya, Japan. This includes five internationally agreed strategic goals and supporting targets to be achieved by 2020. The five strategic goals agreed were:

Address the underlying causes of biodiversity loss by mainstreaming biodiversity across government and society;

Reduce the direct pressures on biodiversity and promote sustainable use;

To improve the status of biodiversity by safeguarding ecosystems, species and genetic diversity;

Enhance the benefits to all from biodiversity and ecosystem services; and,

Enhance implementation through participatory planning, knowledge management and capacity building.

The Framework recognises that most work which was previously carried out under the UK BAP is now focused on the four individual countries of the United Kingdom and Northern Ireland, and delivered through the countries’ own strategies. Following the publication of the new Framework the UK BAP partnership no longer operates but many of the tools and resources originally developed under the UK BAP still remain of use and form the basis of much biodiversity work at country level. In England the focus is on delivering the outcomes set out in the Government’s ‘Biodiversity 2020: a Strategy for England’s Wildlife and Ecosystem Services’ (DEFRA, 2011). This sets out how the quality of our environment on land and at sea will be improved over the next ten years and follows on from policies contained in the Natural Environment White Paper. Species and Habitats of Material Consideration for Planning in England Previous planning policy (and some supporting guidance which is still current, e.g. ODPM Circular 06/2005, now under revision), refers to UK BAP habitats and species as being a material consideration in the planning process. Equally many local plans refer to BAP priority habitats and species. Both remain as material considerations in the planning process but such habitats and species are now described as Species and Habitats of Principal Importance for Conservation in England, or simply priority habitats and priority species under the UK Post-2010 Biodiversity Framework. The list of habitats and species remains unchanged and is still derived from Section 41 list of the Natural Environmental and Rural Communities (NERC) Act 2006. As was previously the case when it was a BAP priority species hen harrier continues to be regarded as a priority species although it does not appear on the Section 41 list.

3.2 NATIONAL PLANNING POLICY FRAMEWORK AND PRACTICE GUIDANCE

In early 2012, the National Planning Policy Framework (NPPF) replaced much previous planning policy guidance, including Planning Policy Statement 9: Biological and Geological Conservation. The government circular 06/05: Biodiversity and Geological Conservation - Statutory Obligations and Their Impact within the Planning System, which accompanied PPS9, still remains valid. A presumption towards sustainable development is at the heart of the NPPF. This presumption does not apply however where developments require appropriate assessment under the Birds or Habitats Directives. Chapter 11, on conserving and enhancing the natural environment, sets out how the planning system should contribute to and enhance the natural and local environment by minimising impacts on biodiversity and, where possible, provide net gains in biodiversity. Opportunities to incorporate biodiversity gains into a development should be encouraged. If a proposed development would result in significant harm to the natural environment which cannot be avoided (through the use of an alternative site with less harmful impacts), mitigated or compensated for (as a last resort) then planning permission should be refused.



In March 2014 the Department for Communities and Local Government released guidance to support the National Planning Policy Framework (NPPF), known as the National Planning Practice Guidance (NPPG). This has been produced to provide guidance for planners and communities which will help deliver high quality development and sustainable growth in England. The guidance includes a section entitled ‘Natural Environment: Biodiversity, ecosystems and green infrastructure’ which sets out information with respect to the following:

the statutory basis for minimising impacts on biodiversity and providing net gains where possible;

the local planning authority’s requirements for planning for biodiversity;

what local ecological networks are and how to identify and map them;

the sources of ecological evidence;

the legal obligations on local planning authorities and developers regarding statutory designated sites and protected species;

the considerations for local (non-statutory) designated sites;

definition of green infrastructure;

where biodiversity should be taken into account in preparing a planning application;

how development can enhance biodiversity;

how policy is applied to avoid, mitigate or compensate for significant harm to biodiversity and how mitigation and compensation measures can be ensured; and,

the consideration of ancient woodlands and veteran trees in planning decisions.

3.3 LOCAL PLANNING POLICY

http://www.nuneatonandbedworth.gov.uk/info/200440/local_plan_2006/254/local_plan_2006 Local Plan 2006 The development plan is the statutory policy framework against which planning applications and other development proposals are assessed and is currently comprised of:

The Nuneaton and Bedworth Local Plan 2006 and the Local Plan 2006 Proposals Map which was prepared by the planning policy team; and,

Supplementary Planning Documents (SPD's): these are used to provide further detail to policies and proposals contained in DPD's. They are not statutory documents but are an important consideration in determining planning applications.

The Planning Policy team is currently working on the Borough Plan which will eventually replace the Local Plan 2006 document when it is adopted. Env5. Agriculture states that ‘Farm diversification proposals to non-agricultural activities will be permitted if:

The development will not be detrimental to the ecological, geological or archaeological value of the area. In particular it does not involve significant loss of habitat used by protected species. When applications are submitted that affect existing buildings adequate survey information should be provided’.

Env15. Landscaping states that ‘Areas of woodland and other trees covered by Preservation Orders, and within Conservation Areas, will be protected. The loss of a tree covered by an Order or within a Conservation Area will only be permitted where it can be shown:

It is dead, dying or dangerous;

Its loss is agreed as part of a positive management scheme;

Its loss is agreed as part of a development scheme; or,

It does not reduce the Borough’s biodiversity resource’. Env16. Hedgerows states that ‘Development which has an adverse impact on “Important” hedgerows will not be permitted unless it can be demonstrated there is no alternative to any loss. In those circumstances replacement hedgerows will be required’.

http://www.nuneatonandbedworth.gov.uk/info/200440/local_plan_2006/254/local_plan_2006



Env17. Nature Conservation states that ‘Consideration of development proposals that would affect, or would be likely to affect, nature conservation sites will be proportionate to the status of the site in the following manner:

Development not directly connected with or necessary to the management of a European site, a proposed European site or a RAMSAR site, and which may have a significant effect on a site (whether on its own or in combination with other proposals) will be subject to the most rigorous examination. Where an adverse impact on the integrity of a site cannot be ruled out development will not be permitted unless there is no alternative solution and there are imperative reasons of overriding public interest why the development should proceed.

Development likely to affect Sites of Special Scientific Interest (SSSI) will be subject to special scrutiny. Development that may have an adverse effect on a SSSI will not be permitted unless the reasons for the development clearly outweigh the interests of site designation and the national policy to safeguard the network of such sites.

Development likely to have an adverse effect on a Local Nature Reserve (LNR), Site of Importance for Nature Conservation (SINC), Regionally Important Geological / Geomorphological Site, (RIGS) or other site of acknowledged importance will not be permitted unless it can be clearly demonstrated that the reasons for the development outweigh the need to safeguard the substantive nature conservation value of the site or feature.

Development likely to have an adverse effect on a Wildlife Site or other habitat or geological feature identified on the Council’s Green Map will not be permitted unless it can be clearly demonstrated that the reasons for the development outweigh the need to retain the site or features and that adequate consideration has been given to the protection, enhancement or reinstatement of the nature conservation or geological interest.

Where development is permitted the Council will seek to secure management arrangements for the protection and enhancement of the nature conservation or geological interest by means of conditions on the grant of planning permission, planning obligations or voluntary agreement as appropriate’. Env18. Nature Conservation states that ‘Development and other land use changes that are likely to affect rare, endangered species of nature conservation importance; or a species protected by law will not be permitted. In determining applications for planning permission for other development the presence of other species identified in a UK or Local Biodiversity Action Plan will be a material consideration. Where development is permitted the Council will consider the use of conditions and / or planning obligations to secure all compensatory measures necessary to protect, reduce disturbance to and / or provide alternative habitats for the species in order to sustain or enhance the population’. Env19. Nature Conservation states that ‘Access to and awareness of the natural environment will be promoted where educational opportunities exist and where access would allow enhancement of these facilities’. Env20. Rivers and Canals states that ‘Development which fronts rivers and canals in the Borough should be of a high standard of design and take advantage of the vista across the river or canal. Improvements may be required to the river embankments and canal banks as part of the development. Where appropriate, the enhancement of rivers, canals and their environs will be secured through Section 106 Agreements. Development will not be permitted within a minimum of 8 metres of the bank tops of all watercourses. Development will not be permitted where it prejudices existing Wharf facilities. A buffer strip may also be required adjacent to canals’. Env25. Pollution states that ‘Development on contaminated land will be permitted if the following criteria can be met:

Appropriate remediation works would eliminate risks to human health (on site and off site) controlled waters, ecosystems, buildings, animals and crops, in its proposed use’.

Env26. Pollution states that ‘The use of “up lighting” techniques on buildings will be discouraged in the interests of maintaining dark skies. Where lighting is essential for security purposes lights should be sensitively positioned and the minimum wattage bulb or filament used’.



4. DESK STUDY RESULTS

4.1 INTRODUCTION

The data search was carried out in March 2016 by Warwickshire Biological Records Centre. All relevant ecological data provided by the consultees was reviewed and the results from these investigations are summarised in Sections 4.2 to 4.4. Selected data are provided in Appendix 1.

4.2 NATURE CONSERVATION SITES

Statutory and non-statutory nature conservation sites located in proximity to the survey area are summarised in Table 4.1.

Site Name Designation Proximity to Survey Area

Description

European Statutory Sites

Ensor’s Pool SAC / SSSI /

LNR 2.2 km south-

east

This lowland site in central England represents white-clawed crayfish Austropotamobius pallipes in standing water. This 1 ha marl pit holds a very large population, estimated at 50,000. Although crayfish plague outbreaks have occurred in the Midlands, this waterbody is isolated from river systems and is a good example of a ‘refuge’ site in an important part of the species’ former range.

UK Statutory Sites

Galley Common LNR 960 m south-

west No information provided.

Illing’s Trenches SSSI 1.8 km north-

west

This important and classic site was the subject of detailed geological researches in the early 20th century, and exposes a section through the Abbey Shales of the Cambrian period. Elsewhere these are only sparsely fossiliferous, but here they yield a rich and abundant assemblage of fossils, including over thirty species of agnostid trilobite, numerous other trilobite species, brachiopods, sponge spicules and hyolithids.

Boon’s Quarry SSSI 1.9 km north

This is a classic site which displays deeply-weathered Precambrian Caldecote Volcanic Formation overlain unconformably by the conglomerates and sandstones of the lowest unit (Park Hill Member) of the late Precambrian to early Cambrian Hartshill Formation. This is the type locality for, and most instructive section through, this member.

Non-statutory Sites

Barpool Valley and Bucks Hill Claypit

LWS On site

A large site which is a shallow valley following the course of Barpool Brook, which floods in winter and also includes a spoil heap. The area is well used by the public, with large amounts of rubbish dumped. Three individuals of common spotted orchid Dactylorhiza fuchsia recorded in 2012. Previously a good population was recorded however now this part of the grassland is heavily mown. A good range of bird species (water rail Rallus aquaticus bred onsite as recently as 2009) and invertebrates have been noted onsite, as well as common lizard Zootoca vivipara and clouded yellow Colias croceus.

Bucks Hill Cemetery, Chapel End & Churchyard

Ecosite 200 m west The site has a wide diversity of tree species, although no detailed records are held.

Table 4.1: Summary of Nature Conservation Sites (Cont.)




Description

Bucks Hill Meadow LWS 220 m north-

west

The majority of this site is included within Nuneaton Common Local Wildlife Site (LWS). The remainder of the site was rejected by the panel as it was not of LWS quality. Two meadows of semi-improved neutral grassland and broadleaved woodland. The southern meadow is quite wet with two streams running through it. The northern meadow is gently sloping and generally drier, with a stream flowing along its eastern edge.

Gorsy Way Ecosite 260 m east

A small area of grassland surrounded by housing. When surveyed in the 1980’s it was found to contain harebell Campanula rotundifolia, musk mallow Malva moschata and field scabious Knautia arvensis.

Bucks Hill Spoil Tip LWS 265 m south-

west

Scrubby woodland and neutral grassland account for the bulk of the vegetation, with smaller areas of post-industrial acidic grassland, tall herb, standing water, swamp, gorse scrub and willow Salix sp carr. A good range of Lepidoptera also recorded.

Ryders Hill Ecosite 295 m north

The site is comprised of 2 main habitats. The dominating habitat is poor semi-improved grassland and the other is a native species-rich, young broadleaved plantation woodland. A remarkable feature of the site is a spring/water course set deep in between two steep sided banks, with grey willow Salix cinerea at either end. The terrain is variable with the landform in areas around the water course very steep sided slopes.

Gorse Valley, Camp Hill LWS 355 m east

A small site with grassland, gorse and hawthorn scrub, young oak Quercus sp and a small stream. A good range of invertebrates and birds have been recorded, as well as common lizard Zootoca vivipara.

Birmingham to Nuneaton Railway (Abbey Junction)

Ecosite 425 m south

An active railway line with embankment and cutting sections and some associated land adjacent. A good wildlife corridor, the habitats include open and dense scrub and semi-improved grassland which is species-rich in places. Plant species recorded include pignut Conopodium majus, bluebell Hyacinthoides non-scripta and rosebay willowherb Chamerion angustifolium.

Vale View / Marsh & Grassland off Haunchwood Road

LWS 430 m south

Designated as part of Whittleford Park & Barpool Valley Local Wildlife Site (LWS). Haunchwood Road Marsh and Grassland and part of Whittleford Park and Barpool Valley LWS.

Spare Cemetery Land, Nuneaton Common

LWS 460 m west Designated as part of Nuneaton Common Local Wildlife Site (LWS). An area of rough grassland and hawthorn Crataegus mongyna scrub with good flora.

Haunchwood LWS/Ecosite 465 m south

A site of semi-improved grassland. There is also an area of lower wet grassland, containing abundant yorkshire fog Holcus lanatus, false oat-grass Arrhenatherum elatius and creeping bent Agrostis stolonifera, with amphibious bistort Persiciaria amphibia, autumn hawkbit and black medick Medicago lupulina also present. To the east of the site is an area of grassland which is largely tall ruderal with little diversity.

Poplar Tree Farm pLWS/Ecosite 540 m south-

west

A recreational area within a housing estate, some old oak Quercus sp and ash Fraxinus excelsior trees are

present as well as a hedgerow at the western end. The eastern side slopes down to a wet area with rushes, with the remainder of the site rough grassland with scattered scrub.





Description

Stubbs’ Pool Ecosite 550 m south-

east A large alder Alnus glutinosa fringed shallow pool with breeding amphibians.

Land rear of Freesland Rise

LWS 550 m west Rough grassland and scrub, with a hawthorn Crataegus monogyna hedge with a few standard trees on the eastern side.

Willow Road Dell & Holly Stitches Dell

LWS/ Ecosite 620 m north-

east

The site is largely short cut amenity grassland, with tall, rough grassland in places. A stream runs along its length, with the northern end of the site heavily used for recreational purposes. The very northern part of the site has been lost to a housing development.

Ansley Mineral Line LWS 625 m south-

west

"The Shuntings" disused railway line now managed as a nature walk by Nuneaton and Bedworth borough council. A small pond has been created by damming a wet area and tadpoles have been recorded. Fool's water-cress is abundant over half the area with occasional yellow flag and duckweed.

The Shuntings LWS 630 m west

The Shuntings is a local authority linear nature walk set up on a disused mineral railway line skirting the western outskirts of Nuneaton, about 3.5 km from the town centre. The walkway consists of a well-used cinder track partly on embankment (mainly to the north) and partly in a deep cutting (southern half) and is bordered by well-established scrub and secondary woodland.

Wooded Stream, Plough Hill Farm

pLWS/Ecosite 655 m west A small copse, tall herbs and densley wooded stream with good cover for nesting birds.

Galley Common Fields pLWS 730 m west

The meadows include areas of tall herbs, hedges and mature trees. The adjacent disused railway consists of scrub habitat including dense hawthorn Crataegus monogyna, bramble Rubus fruticosus, nettle Urtica dioica and willowherb sp. The site is undisturbed, so good for nesting birds.

Snowhill Wood, Hartshill LWS 770 m north

This piece of acidic semi-natural deciduous woodland is situated on the edge of a suburban area on the north-east facing side of the Atherstone-Nuneaton ridge, between the estates of Hartshill to the north and west, and those of the Chapel End-Camp Hill area of Nuneaton to the south and south-east. The woodland is a remnant of a much larger area of woodland, illustrated by the pronounced wood bank (and ditch) running down the eastern side of the site.

Whittleford Lagoon pLWS 785 m south-

west

Within the built up area of Nuneaton, the site is surrounded by steep wooded banks. Part of the central area supports wetland species with the majority made up of dry grassland. The banks support a good diversity of trees and shrubs.

Hartshill Quarries and Boons Quarry

LWS 805 m north

The site contains three designated Local Wildlife Sites (LWS): Jees Quarry; Jees Mount and Hartshill Lagoon. Parts of the remainder have been identified as potential Local Wildlife Sites (pLWS). The site includes Jees Quarry Local Geological Site (LGS). Also known as Jee’s Quarry. This is a very large complex site. Part of the site (Boons Quarry) is a SSSI, with parts also designated as an LGS. The site has considerable botanical and invertebrate interest, as well as holding a range of reptile species, including common lizard Zootoca vivipara. Habitats include grassland, marsh, pools, ephemeral, tall herb, post-industrial, scrub, woodland and bare ground, as well as the usual habitats found on ballast and quarry exposures.

Windmill Corner Quarry LWS 890 m north-

east

A steep sided quarry with standing water. The site is almost entirely sycamore semi-natural woodland. Contains a lot of dumped rubbish.





Description

Judkins Quarry Ecosite 980 m north-

east

Landfill operations are now finished here and the area is now grassland. This will be managed to prevent trees from breaking the capped landfill surface, with the rest forming part of a household waste site. The site supports common spotted orchid Dactylorhiza fuchsii on top of the quarry banks, gorse Ulex europaeus and hawthorn Crataegus monogyna scrub

and a few trees. The cliff faces are relatively undisturbed so provide a good habitat for nesting birds.

Midland Quarry pLWS 1 km east

The site has a spoil bank on the south-western embankment which has regenerated species-rich grassland. This habitat appears to extend around the top of the quarry void, along with areas of woodland and scrub. There is anecdotal evidence that great crested newt Triturus cristatus may be present, with

the list of breeding birds in the past having included meadow pipit Anthrus pratensis, a bird more normally associated with more upland environments. The site is also thought to be important for a range of invertebrates, including butterflies, beetles, bees and wasps.

Tuttle Hill Quarries Ecosite 1 km north-

east

A working quarry now extensively tipped with household waste. A good number of bird species have been recorded, with historical records of nesting sand martin Riparia riparia. Habitats include scrub, tall herb, grassland and cliff areas.

Ancient Woodland Sites

Kings Wood ASNW 1.5 km south-

west No information provided.

Spring Kidden/ North Woods

ASNW 1.5 km south No information provided.

Hartshill Hayes ARW 1.6 km north-

west This ancient woodland encompasses Illing’s Trenches SSSI, as detailed above.

Key:

SAC: Special Area of Conservation LNR: Local Nature Reserve SSSI: Site of Special Scientific Interest LWS: Local Wildlife Site pLWS: potential/proposed Local Wildlife Site Ecosite: Nature conservation site ASNW: Ancient semi-natural woodland ARW: Ancient replanted woodland

Table 4.1: (Cont.) Summary of Nature Conservation Sites

The survey area was found to be within the SSSI impact risk zone of several SSSIs, with the closest one being Illing’s Trenches, as detailed above. The risk zones of this conservation site comprise infrastructure, quarries, residential, rural residential, air pollution, combustion, waste and water supply. A further two ancient semi-natural woodlands were present within a 2 km radius of the survey area, however there is no further information provided.

4.3 PROTECTED / NOTABLE SPECIES

Table 4.2 and the following text provide a summary of protected and notable species records within a 1 km radius of the study area. It should be noted that the absence of records should not be taken as confirmation that a species is absent from the search area.



Species No. of

Records

Most Recent Record

Proximity of Nearest Record to Study Area

Species of Principal

Importance?

Legislation / Conservation Status

Mammals- bats

Pipistrelle Pipistrellus sp.

1 2005 330 m south-

east #

ECH 4, WCA 5, WCA 6

Noctule Nyctalus noctula

1 2005 330 m south-

east

ECH 4, WCA 5, WCA 6

Unidentified bat Chiroptera sp.

1 2004 490 m south # #

Amphibians

Common frog Rana temporaria

16 2003 Potentially on

site+ - WCA 5 S9(5)

Smooth newt Lissotriton vulgaris

9 2007 110 m east - WCA 5 S9(5)

Common toad Bufo bufo

29 2013 130 m south WCA 5 S9(5)

Reptiles

Common lizard Zootoca vivipara

11 2007 130 m south WCA 5 S9(1) WCA 5 S9(5)

Grass snake Natrix natrix

5 2009 130 m south WCA 5 S9(1), WCA 5 S9(5)

Birds

Willow tit Poecile montana

1 2006 30 m south -

Eurasian hobby Falco subbuteo

1 2008 660 m south - WCA1i

Honey-buzzard Pernis apivorus

1 2008 Potentially within

1 km radius* - WCA1i

Redwing Turdus iliacus

1 2008 Potentially within

1 km radius* - WCA1i

Key:

#: Dependent on species. +: Grid reference provided was six figures and as such, the record may be located within 100 m of the study site. *: Grid reference provided was four figures only.

ECH 4: Annex IV of the European Communities Council Directive on the Conservation of Natural Habitats and Wild Fauna and Flora. Animal and plant species of community interest in need of strict protection.

WCA 1i: Schedule 1 Part 1 of Wildlife and Countryside Act 1981 (as amended). Birds protected by special penalties at all times. WCA 5: Schedule 5 of Wildlife and Countryside Act 1981 (as amended). Protected animals (other than birds). WCA 5 S9(1): Schedule 5 Section 9(1) of Wildlife and Countryside Act 1981 (as amended). Protected animals (other than birds). Protection limited to intentional killing, injury or taking. WCA 5 S9(5): Schedule 5 Section 9(5) of Wildlife and Countryside Act 1981 (as amended). Protected animals (other than birds). Protection limited to selling, offering for sale, processing or transporting for purpose of sale, or advertising for sale, any live or dead animal, or any part of, or anything derived from, such animal. WCA 6: Schedule 6 of Wildlife and Countryside Act 1981 (as amended). Animals which may not be killed or taken by certain methods.

Species of Principal Importance: Species of Principal Importance for Nature Conservation in England. Local BAP: Warwickshire Biodiversity Action Plan

Note. This table does not include reference to the Berne Convention (Convention on the Conservation of European Wildlife and Natural Habitats), the Bonn Convention on the Conservation of Migratory Species of Wild Animals or the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

Note. This table does not include reference to the Berne Convention (Convention on the Conservation of European Wildlife and Natural Habitats), the Bonn Convention on the Conservation of Migratory Species of Wild Animals or the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

Table 4.2: Summary of Protected/Notable Species Records Within 1 km of Survey Area



Invertebrates The desk study provided records of twenty-nine species of butterfly and moth within a 1 km radius of the survey area listed as Species of Principal Importance including small square spot moth Diarsia rubi, rustic moth Hoplodrina blanda and wall butterfly Lasiommata megera.

4.4 INVASIVE SPECIES

The desk study provided no records of invasive plant species within a 1 km radius of the survey area. It should be noted that the absence of records should not be taken as confirmation that a species is absent from the search area.



5. PHASE 1 HABITAT SURVEY

5.1 INTRODUCTION

The results of the Phase 1 Habitat Survey are presented in the following sections. An annotated Phase 1 Habitat Survey Drawing (Drawing C124473-01) is provided in Chapter 8. This drawing illustrates the location and extent of all habitat types recorded on site. Any notable features or features too small to map are detailed using target notes. Photographs taken during the field survey are presented in Chapter 9. The survey was carried out on 25th January 2017 by Victoria Worrall, Senior Ecological Consultant. Table 5.1 details the weather conditions at the time of the survey.

Parameter Condition

Temperature (ºC) 5

Cloud (%) 60

Wind (Beaufort) F3

Precipitation Nil

Table 5.1: Weather Conditions During Field Survey

5.2 SURVEY CONSTRAINTS AND LIMITATIONS

January is not an optimal time for completing botanical assessments however, given the nature of the habitats present, this was not considered to be a significant constraint to a robust initial site assessment.

5.3 HABITATS

The following habitat types were recorded on site during the field survey:

Dense scrub;

Hardstanding;

Poor semi-improved grassland; and,

Scattered tree. These habitats are described below. They are ordered alphabetically, not in order of ecological importance. Dense scrub A small patch of dense scrub was located centrally on site. The scrub comprised young oak Quercus sp., elder Sambucus nigra and field maple Acer campestre with a dense understorey of tall grasses, bramble Rubus fruticosus agg. and crack willow Salix fragilis saplings. Hardstanding An area of concrete hardstanding was located in the north-western extent of the site. This area was beginning to be colonised by ephemeral vegetation. Poor semi-improved grassland The site was dominated by poor semi-improved grassland. The majority of the grassland had a short sward due to regular foot fall by the public, species recorded included false oat grass Arrhenatherum elatius, bramble and cock’s foot Dactylis glomerata. The grassland was more tussocky in nature within the south-eastern extent and contained occasional patches of rush Juncus sp indicative of damp conditions. Scattered tree An early-mature pear Pyrus sp. tree, which was in poor condition was located in the north-western extent of the site.



5.4 FAUNA

During the survey field signs of faunal species were recorded. The time of year at which the survey is undertaken will affect species or field signs directly recorded during the survey. Birds Bird species observed on site are detailed in Table 5.2.

Common name Latin name Conservation status

Blackbird Turdus merula -

Blue tit Cyanistes caeruleus -

Dunnock Prunella modularis Amber List, Species of Principal Importance

Great tit Parus major

House sparrow Passer domesticus Red List. Species of Principal Importance.

Magpie Pica pica -

Pigeon Columba palumbus -

Robin Erithacus rubecula -

Song thrush Turdus philomelos Red List. Species of Principal Importance.

Wren Troglodytes troglodytes -

Red List - species are those that are globally threatened, whose population or range has

declined rapidly in recent years (i.e. by more than 50% in 25 years), or which have declined historically and not recovered. Amber List- Amber list species are those whose population or range has declined

moderately in recent years (by more than 25% but less than 50% in 25 years), those whose population has declined historically but recovered recently, rare breeders (fewer than 300 pairs), those with internationally important populations in the UK, those with localised populations, and those with an unfavourable conservation status in Europe. Species of Principal Importance: Species of Principal Importance for Nature

Conservation in England.

Table 5.2: Bird Species Observed during the Field Survey

5.5 INVASIVE PLANT SPECIES

No invasive species were recorded on site during the field survey.



6. DISCUSSIONS AND CONCLUSIONS

6.1 SUMMARY OF PROPOSALS

It is understood that the proposed works involve the re-profiling of the site to connect the new housing development to Whittleford Park. Access footpaths will also be created.


The desk study exercise identified one European statutory site within 5 km of the survey area, three UK statutory sites, five ancient woodlands within 2 km, and twenty-six non-statutory sites within 1 km. The site is not located within 10 km of a statutory site designated for bats. The significance of these sites to the proposed works is discussed below. European Statutory Sites ‘Ensor’s Pool’ SAC, SSSI and LNR is located approximately 2.2 km south-east of the survey area. It is considered unlikely that the proposed works will adversely impact this conservation site, as the pool is isolated from other river systems and therefore not directly connected to the site. Given the distance between the conservation site and the survey area, and the built-up nature of the intervening habitats, this European protected site is not deemed to be a notable consideration for the proposed works. UK Statutory Sites ‘Galley Common’ LNR is located approximately 960 m south-west of the survey area. Given the distance between the survey area and the conservation site, and the built-up nature of the intervening habitats, it is considered unlikely that the proposed works will adversely impact this conservation site. The survey area was found to be within the SSSI impact risk zone of several nature conservation sites, the closest being ‘Illing’s Trenches’ SSSI, located approximately 1.8 km north-west of the survey area. This conservation site and the second closest ‘Boon’s Quarry’ are notable for their geological interest and therefore, any impacts from the proposed works are generally not considered under this assessment. In addition, the type of works proposed do not fall under any of the potential risk categories for these SSSIs (please refer to Appendix 1). Non-Statutory Sites The site forms a small portion of the ‘Barpool Valley and Bucks Hill Claypit’ Local Wildlife Site (LWS). The works will result in habitat loss in order to re-profile the land, however the area impacted is relatively limited in extent and comprises common habitat types with limited species diversity. Providing the bank is planted with a mosaic of wildlife attracting vegetation no detrimental impacts on the integrity of the wildlife site is anticipated. Nevertheless, as the works will cause direct impacts on a designated site the Local Planning Authority ecologist and / or the local Wildlife Trust should be consulted prior to any works commencing (please refer to Section 7.1). The majority of this conservation site will be retained offsite, however these areas may be indirectly impacted during the construction phase. A recommendation for the production of a Construction Ecological Management Plan (CEcMP) has therefore been made in Section 7.1 with regard to minimising these impacts. The remaining conservation sites are located 200 m or more from the survey area. Given the distance between these conservation sites and the survey area, and the developed/urban nature of the intervening habitats, it is unlikely that the proposed works will adversely affect these conservation sites. Therefore these non-statutory sites are not a notable consideration.

6.3 HABITATS

The ecological importance of the habitats present on site is determined by their presence on the list of Habitats of Principal Importance in England and on the Local BAP. It also takes into account the intrinsic value of the habitat. Those habitats which are considered to be of intrinsic importance and have the potential to be impacted by the site proposals are highlighted as notable considerations. A discussion of the implications of the site proposals with regard to the habitats present on site is provided in the text below. A separate discussion of the value of the habitats on site to protected or notable species is provided in Section 6.4.



An early-mature pear tree was located on site. This tree had excessive damage to the main stem and has been categorised by an arboriculturalist as unsuitable for retention (please refer to Pre-development Arboricultural Assessment Report RT-MME-121658-02). This tree is therefore not a notable consideration in relation to the proposals. The grassland, dense scrub and hardstanding habitats are well represented locally and have low-species diversity. In addition, they are not Habitats of Principal Importance or listed on the local BAP. The loss of these habitats is therefore not considered be detrimental to the ecology of the local area.

6.4 PROTECTED/NOTABLE SPECIES

The following paragraphs consider the likely impact of the site proposals on protected or notable species. This is based on those species highlighted in the desk study exercise (Chapter 4) and other species for which potentially suitable habitat occurs within or adjacent to the survey area. Mammals Bats The desk study provided records of at least two species of bat within a 1 km radius of the survey area, with the closest record located 330 m to the south-east. A single early-mature pear tree was recorded on site; however, it did not contain any features deemed suitable for use by roosting bats. The scrub and grassland on site provides suitable foraging opportunities for bats and links to high quality bat habitat within the surrounding local wildlife site. Given the abundance of alternative habitat in the locality, the small scale loss of habitat on site is not considered to be detrimental to foraging/commuting bats in the long term. However, any additional lighting, temporary or permanent, could potentially cause disturbance to local populations of foraging/commuting bats. Therefore, to ensure the surrounding land and habitats remain suitable for foraging/commuting bats a recommendation regarding lighting has been made in Section 7.3. These protection measures will also be addressed within the CEcMP. Badger and other foraging terrestrial mammals The desk study provided no records of badger or other foraging terrestrial mammals, such as hedgehog, within a 1 km radius of the survey area. The survey area provides limited sett-building habitat for badger, however may be used for foraging and commuting purposes. No evidence of badgers (such as setts, foraging signs or latrines) using the survey area or the surrounding habitat was noted at the time of the walkover survey. It is not anticipated that any significant excavations will be required to facilitate the works and therefore foraging terrestrial mammals (including badger and hedgehog) are not a notable consideration in relation to the proposals. Amphibians The desk study provided records of three species of amphibian within a 1 km radius of the survey area and records of common frog located potentially on the site. The desk study provided no records of great crested newts. The site offers no suitable breeding habitat for amphibians but provides potential terrestrial habitat, in the form of tussocky grassland and dense scrub. In 2009 Middlemarch Environmental Ltd undertook a great crested newt survey of aquatic habitat within 500 m of an adjacent development site (Whittleford Park Balancing Scheme Project). No great crested newts were recorded. Furthermore, in 2016 a HSI assessment and eDNA sampling was undertaken of all ponds within a 500 m of the adjacent Phase 4 & 6 development site, the result of the eDNA analysis was negative. The risk of great crested newts being present on site is therefore considered negligible. However, given that common amphibians have been recorded on adjacent land it is recommended that a precautionary approach to vegetation clearance and construction activities is implemented. A recommendation is made within Section 7.3. Reptiles The desk study provided records of two reptile species within a 1 km radius of the survey area; the closest records included common lizard and grass snake 130 m to the south of the site. The longer areas of grassland and pocket of dense scrub offer suitable habitat for reptiles and is linked to further suitable reptile habitat to the south and east. Middlemarch Environmental Ltd undertook a reptile survey of the adjacent Phase 4 & 6 development in 2016. No reptiles were recorded on site and therefore the proposed



works are not considered to adversely impact upon the favourable conservation status of reptiles. However, given reptiles (grass snake) have previously been recorded on adjacent land a precautionary approach to vegetation clearance is recommended, please refer to Section 7.3. Birds The desk study provided records of three species of bird listed as Schedule 1 on the Wildlife and Countryside Act 1981 (as amended). The specific breeding ranges and habitat requirements of these species mean that they are unlikely to nest or forage within the survey area. A record of willow tit was also identified within the desk study, as well as various bird species recorded on site at the time of survey. The tree and dense scrub on site provide suitable habitat for nesting birds. If the proposed works are undertaken in the bird nesting season then there is potential for impact upon nesting birds and as such, a recommendation has been made in Section 7.3. Due to the limited extent of potential nesting and foraging habitat to be removed and the presence of alternative suitable habitats within the local vicinity, it is considered that the works should not adversely impact local bird populations in the long term. Nevertheless, as some loss of habitat will occur, enhancement recommendations are provided within Section 7.2. Vegetation clearance will also be addressed within the CEcMP. Invertebrates The desk study provided records of twenty-nine notable butterfly and moth species within a 1 km radius of the survey area. Suitable habitat for some of these species were noted on site at the time of survey; however, given the presence of similar habitat in the wider landscape, it is considered unlikely that these species will be adversely impacted in the long-term. Nevertheless, to mitigate the potential impacts of habitat loss on these species enhancement recommendations have been made in Section 7.2. Other Species The following protected species are not considered to be material considerations due to the lack of desk study records and absence of suitable habitats within the development site and its surroundings: brown hare Lepus europeaus, dormouse Muscardinus avellanarius, water vole Arvicola amphibius and otter Lutra lutra. Summary Species considered to be of relevance to the proposed development are summarised in Table 6.2.

Species / Species Group Species of Principal

Importance? Summary of Potential Impacts

Bats - Loss of suitable habitat, fragmentation of

suitable habitat by lighting

Amphibians # Loss of suitable habitat,

direct harm/injury

Reptiles Loss of suitable habitat,

direct harm/injury

Birds # Loss of suitable habitat,

direct harm/injury

#Species dependent

Table 6.2: Summary of Potential Impacts on Notable Species


The desk study provided no records of invasive plant species within a 1 km radius of the survey area and no invasive plant species were identified at the time of survey. Therefore, invasive plant species are not a notable consideration in regard to the proposed development.



7. RECOMMENDATIONS

All recommendations provided in this section are based on Middlemarch Environmental Ltd’s current understanding of the site proposals, correct at the time the report was compiled. Should the proposals alter, the conclusions and recommendations made in the report should be reviewed to ensure that they remain appropriate. The ecological mitigation hierarchy should be applied when considering development which may have a significant effect on biodiversity. The ecological mitigation hierarchy, as set out in the National Planning Policy Framework (NPPF), and the National Planning Practice Guidance (NPPG) should follow these principles:

Avoidance – development should be designed to avoid significant harm to valuable wildlife habitats and species.

Mitigation – where significant harm cannot be wholly or partially avoided, it should be minimised by design or through the use of effective mitigation measures.

Compensation – where, despite whatever mitigation would be effective, there would still be significant residual harm, as a last resort, compensation should be used to provide an equivalent value of biodiversity.


The following recommendations are made regarding nature conservation sites (in line with Local Plan 2006: EN17 Nature Conservation):

R1 Barpool Valley and Bucks Hill Claypit Local Wildlife Site: The proposed works will directly impact

upon ‘Barpool Valley and Bucks Hill Claypit’ which is designated as a Local Wildlife Site (LWS). As such, the Local Planning Authority ecologist and / or the local Wildlife Trust should be consulted prior to any works commencing to discuss the impacts on this nature conservation site and to determine what construction control measures/mitigation measures are required. To ensure minimal impact upon this site’s biodiversity the development should be designed to avoid impacts on ecologically valuable habitats within the LWS in the first instance. If impacts cannot be avoided then suitable mitigation and/or, as a last resort, compensation measures should be adopted in accordance with the ecological mitigation hierarchy.

R2 Construction Ecological Management Plan: A Construction Ecological Management Plan (CEcMP) should be compiled for the site. The aim of the CEcMP is to minimise the potential impact of the construction phase of the development on the existing ecology of the site and off site receptors, and ensure works proceed in accordance with current wildlife legislation. This document

should be agreed with the Local Planning Authority ecologist prior to any works commencing.

7.2 HABITATS

The following recommendations are made regarding the habitats present on site: R3 Habitat Loss and Enhancement: In accordance with the provision of Chapter 11 of the National

Planning Policy Framework (Conserving and Enhancing the Natural Environment) and Local Planning Policy, biodiversity enhancement measures should be incorporated into the landscaping scheme of the proposed development to maximise the ecological value of the site. Specific habitat creation recommendations for the proposed scheme include the following:

Creation of wildflower grassland to compensate for the loss of poor semi-improved grassland habitat and provide suitable habitat for a range of fauna including reptiles, birds, invertebrates and foraging/commuting bats.

7.3 PROTECTED / NOTABLE SPECIES

To ensure compliance with wildlife legislation and relevant planning policy (Local Plan 2006: Policy EN18 Nature Conservation), the following recommendations are made:



R4 Foraging Bats: In line with paragraph 125 of the National Planning Policy Framework, the development should aim to limit the impact of light pollution on bats through the use/installation of low-intensity lighting systems with minimum spillage. Lighting should not adversely impact on the adjacent Whittleford Park. Lighting should be designed using guidance from ‘Landscape and Urban Design for Bats and Biodiversity’ (Gunnell et al, 2012, Bat Conservation Trust).

R5 Reptiles: Vegetation clearance should be undertaken in a sensitive manner during the reptile

active season (this is weather dependent but generally extends between and April and September inclusive). Should any reptiles be discovered on site, works should cease immediately and an experienced ecologist should be contacted to determine a way forward.

R6 Amphibians: The site clearance protocols and working methodologies, detailed within Chapter 6 of

the Great Crested Newt Assessment and Reasonable Avoidance Method Statement Report RT-MME-122199-02 (Phases 4 & 6) will also be applicable to this application and should be adhered to.

R7 Nesting Birds: Vegetation clearance should be undertaken outside the nesting bird season. The

nesting bird season is weather dependent but generally extends between March and September inclusive (peak period March-August). If this is not possible then any vegetation to be removed or disturbed should be checked by an experienced ecologist for nesting birds immediately prior to works commencing. If birds are found to be nesting any works which may affect them would have to be delayed until the young have fledged and the nest has been abandoned naturally, for example via the implementation of an appropriate buffer zone (species dependent) around the nest in which no disturbance is permitted until the nest is no longer in use.


There are no recommendations made regarding invasive plant species.



8. DRAWINGS

Drawing C124473-01– Phase 1 Habitat Map

Proposed Site Plan / 004 Rev T

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Triumph House, Birmingham Road, Allesley, Coventry CV5 9AZT:01676 525880 F:01676 521400

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C124473-01

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Drawing Number

Scale @ A3

Approved By Drawn By

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RevisionC124473-01

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February 201700

Barrat HomesPhase 1 Habitat Map

Whittleford Park, Camp Hill, Nuneaton

LegendSurvey boundary

&§ Scattered treeDense scrubHardstandingPoor semi-improved grassland

!H Target note

This map is reproduced from the Ordnance Survey material with the permission of Ordnance Survey on behalfof The Controller of Her Majesty's Stationary Office. © Crown copyright. Unauthorised reproduction infringes

Crown copyright and may lead to prosecution of civil proceedings. Licence Number: 100040519

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1 Patches of rush2 Unmanaged section of poor semi-improved grassland3 Managed sections of poor semi-improved grassland used by public as footpath

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554

555

556

556

557

557

542

544

543

545

5

4

7

5

4

6

550

551

575

574

573

573

572

572

570

571

542

545

559

560

560

562

563

564

569

568

567

S

566

577

581

581

580

579

579

590

578

578

587

587

586

586

585

585

583

584

588

589

592

600

601

595

595

598

598

597

597

596

596

599

619

618

617

616

615

608

609

610

607

606

602

603

604

605

611

612

613

614

593

594

549

561

495

488

514

527

541

5

4

8

565

614-616

617-619

591

582

576

558

541

533

V

V

504

509

511

508

508

543

509

C

P

V

V

491

490

492

479

477

478

475

476

476

482

482

484

487

485

B

L

O

C

K

K

B

L

O

C

K

M

B

L

O

C

K

N

B

L

O

C

K

L

483

483

486

486

M

O

R

E

L

E

I

G

H

M

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L

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M

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L

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L

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N

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N

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N

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N

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N

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N

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N

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M

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L

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C

H

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I

C

H

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C

H

B

A

R

B

A

R

B

A

R

B

A

R

B

A

R

B

A

R

B

A

R

B

A

R

B

A

R

B

A

R

B

A

R

B

A

R

B

A

R

B

A

R

B

A

R

B

A

R

B

A

R

B

A

R

M

E

O

M

E

O

M

E

O

M

E

O

M

E

O

M

E

O

M

E

O

M

E

O

M

E

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M

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O

M

E

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A

V

T

A

V

T

A

V

T

A

V

T

A

V

T

S

E

V

S

E

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N

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R

N

O

R

N

O

R

N

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N

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R

N

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N

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N

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R

N

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N

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N

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R

N

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N

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N

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N

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N

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N

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R

N

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N

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N

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R

N

O

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N

O

R

N

O

R

N

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R

N

O

R

N

O

R

N

O

R

N

O

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N

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R

N

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N

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N

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I

C

H

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H

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I

C

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484

C

P

N

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563

R

I

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H

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H

553

552

A

V

T

475

529

A

V

T

S

U

B

B

B

B

B

B

B

B

B

103.64

103.67

Lp

Lp

B

B

Lp

Bus

B

Elec

Elec

1

2

5

.

2

7

1

2

4

.

3

6

E

T

E

T

T

8

B

E

T

T

8

B

E

T

T

8

A

M

T

T

8

A

M

T

E

T

M

T

M

T

M

T

M

T

E

T

E

T

E

T

M

T

M

T

E

T

E

T

T

2

A

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M

T

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T

T

2

A

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7

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c

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l

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n

d

r

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f

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t

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*

E

T

ET

T9DEnd

T9DEnd

T9DEnd

T9DEnd

T8BEnd

T8BEnd

T8BEnd

T8BEnd

T9B

End T9BEnd

T3

T3

T3

T3

T3

T1AMid

Mid

Mid

T3Mid

End

T3End

T3End

T3End

T3End

T3End

T1AEnd

T1ADet

125.70

125.0

122.0

122.0

120.0

120.0

119.0

119.0

118.0

115.0

120.22

*

*

*

*

*

*

F2Det

T4

T4

330

322

325

328

324

327

329

368

386

367

366

365

341

404

406

405

407

409

410

411

397

400

398

Det

Det

End

End

Det

G2 V1DT

G2 V1DT

G2 V1DT

G2 V1DT

GDT

G2 V1DT

330

330

329

329

328

328

327

327

326

326

325

325

324

324

323

323

322

322

378378

380

376

376

375

375

374

374

373

373

372

372

371

371

370

370

368

368

366

366

396

394

394

393

393

392

367

367

332

332

334

355355

338354

354

352

352

351

351

337

334

337

341

341

342

342

341

342343

343

344

344

343344

345

345

346

346

345

346

347

347

348

348

347

348

349

349

350

350

349

350

389

389

388

388

389388

361

361

360

360

359

359

353

353

363

391

391

386

386

384

384

382

382383

383

385

385

380379

379381

381

397

411

410

410

408

408

405

405

406

406

401

401

402

402

398

398

400

400

T4End

T4End

F2Det

T9BEnd

End

T9B

T3End

EndT4

End

T4

333

333

T3End

338

339

340

340

339

397

396

364

335335

336336

356356

357357

End

T9DEnd

T9D

369

369

377

377

T18End

*

T20End

T20End

409

409

2

7

3

404

404

T2DT

T2DT

*

T20

T2ET

T2ET

T3End

T3End

T20End

T2MT

T2ET

T2ET

T2ET

395

395

Det

T4

T2ET

365

365364

364

331

331

DetT4

387

387

T8BEnd

T8BEnd

F2Det

390

390

392

399

399

408

411

GDT

399

407

407

ET

T2

403

403

T17End

T2MT

T2ET

T3End

T3End

358

358

362

362

363

ETT2

ETT2

T21ET

ETT21

ETT21

ET

T2

ETT21

T4BDet

DetT4B

T4BDet

T4BDet

T4BDT

T4BDT

v

v

323

326

E

d

i

n

b

u

r

g

h

R

o

a

d

H

a

z

e

l

R

o

a

d

L

o

n

g

K

i

l

n

R

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a

d

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r

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n

L

i

n

k

Q

u

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n

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l

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z

a

b

e

t

h

R

o

a

d

Private Drive

L

a

n

e

6

Mews 5

Parking Court

Lane 7

Mews 6

Private Drive

Det

T4

T9BEnd

T9BEnd

T9BEnd

T9BEnd

306-308

310

311

312

313

315

315

315

314

314

313

313

312

312

311

311

300-302

303-305

309

302 306

307

305

304

310

310

309

303

301

300308

314

Det

T4Det

T4

DetT4

T4Det

Indicative

Phase 5

Development

Private Drive

(H)

(H)

T1DDet

T1DDet

T1DDet

T1DDet

DetT4

DetT4

DetT4

DetT4

T1DDet

331

332

333

334

335

336

337338

339

340342

343344345

346347

348349

350

351

352

353

354 355

356

357358

359361

362

363

360

369

370

371

372

373

374

375

376

377

378

379

380

381

382

383

384

385

387

388

389390

391

392

393

394

395 396

403

401

402

v

v

v

v

*

*

Bin Store

4 No.

Cycle Store

*

1

:

1

0

1

:

1

0

1

:

1

6

1

:

6

1

:

2

2

L

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v

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c

c

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s

s

F

a

l

l

F

a

l

l

F

a

l

l

*

F

a

l

l

F

a

l

l

u

p

u

p

317

318

316

319

321

320

1

:

1

2

F

a

l

l

1

:

1

5

1

:

1

2

F

a

l

l

1

:

2

0

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a

l

l

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0

F

a

l

l

1

:

2

0

L

e

v

e

l

A

c

c

e

s

s

Bin Store

4 No.

Cycle Store

*

*

*

*

267

269

T

1

2

T

1

2

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*

*

*

*

*

*

*

*

*

*

*

*

*

*

159

160

161

162

163

199

164

198

197

196

195

194

193

192

190

191

189

188

187

186

170

169

168

171

172

173

174

175

183

184

181

182

180

179

176

177

178

165

166

167

185

201

202

203

204

207

205

206

208

209

210

211

213

214

215

219

218

216

217

220

221

222

237

235

212

273

272

271

270

259

260

261

263

268

266

264

265

290

286

287

281

282

284

279

278

280

277

276

275

274

262

M

E

W

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3

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4

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257

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D

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A

D

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A

M

T

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1

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7

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7

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159

160

160

161

162

162

199

200

163

166

167

167

168

168

169

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170

170

171

171

172

172

173

173

174

175

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v

v

184

185

187

187

186

189

v

240

242

239

241

238

213

213

54

212

53

211

215

56

216

57

217

58

218

59

234

191

194

195

193

189

196

199

198

197

202

v

v

209

209

219

218

218

220

220

257

v

v

261

227

226

226

225

228

v

v

250

249

249

252

277

275

274

273

276

291

289

289

290

259

260

288

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286

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123

258

278

262

299

263

265

266

270

268

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V

v

v

294

v

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235

234

233

232

231

230

243

244

245

246

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223

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206

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159

164

165

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174

175

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273

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6

B

T

1

7

E

T

T

2

B

284

282

296

T

1

3

E

T

E

T

243-250

227-234

A

p

t

.

CT

1

9

G1

281

210

G

2

V

1

G

2

V

1

G

2

V

2

280

G

4

216

217

218

215

210

278

280

281

298

299

297

298

298

G

1

A

p

t

.

D

T

1

9

284

282

271

271

T1

6A

Apt. Block J316-318

Apt. Block J319-321

Apt. Block H

Apt. Block H

Apt. Block H

292

293

294

272

293

294

*

E

T

B

R

IG

H

T

S

R

O

A

D

212

207

208

211

272

208

207

293

G

2

V

3

T

1

6

B

T

1

6

B

M

TT

1

6

B

M

TT

1

6

B

T

1

7

V

4

T

1

6

A

*

T

1

6

B

T

1

6

B

*

*

T

1

7

V

4

412

T9B

F2BESPOKE

F2

T21BESPOKE

T21BESPOKE

T9B

F3

F3

T8B

T8B

T8B

T8B

412

412

413

413

413

414

414

414

415

415

415

416

416

416

417

417

417

418418

418

419

419

420

420

420

421

421

421 422

422

422423

423

424

424

428

429

430

426

426

427

427

428

428

429

429

430

431

432

433

434

435

436

437

438

440

441

442

443

444

445

446

447

448

449

450

451

452

453

454

455

456

F3

T9B

T9B

T9B

T9B

423

424

425

426

425

425

427

T8B

T8B

430

439

428

419

V

562

561

V

V

V

530

544

562

580

Alverton 2 Bed

Tivdale

Barwick

Moreton

Severn

2 Bed

490

7

30

40

711

830

11

687 4,809

21,330

14,940

44,280

3 Bed

3 Bed

1 Bed

Norbury

3 Bed 1107

916

Apt Block K 3 x 1B2P 6 x 2B4P

-

2

9

9

Apt Block L

5,520*

5,817*

18

10,076

980

Moreleigh

193 Bed 874 16,606

House Type Ref. Size/Mix Area (Sq.Ft) Unit No.

Total 163 135,607

Apt Block M

Apt Block N

7,379*

3,870*

12

6

-

-

-

9 x 2B4P

2 x 1B2P 10 x 2B4P

6 x 2B4P

Note * - Net Internal Area for Apartment Blocks

T: +44 (0)24 7652 7600

name:

E:[email protected]

comment(s):

www.

rev:

we

date:

idp .com

check:

WE ARE IDP.

PROJECT MANAGERS.

C

notes:

this drawing and the building works depicted are the copyright of idp and may

not be reproduced or amended except by written permission. no liability will be

accepted for amendments made by other persons.

all dimensions to be checked on site and architect notified of any

discrepancies prior to commencement.

do not scale.

URBAN DESIGNERS.

ARCHITECTS.

004 Rev Tdrg no:C2026job no:

IDP GROUP 27 SPON STREET COVENTRY CV1 3BA

PLANNERS.

N

title:

scale @ a0:

date:

checked:

status:

PLANNING

Barratt Mercia

are

client:

Saxon Rise - Phase 4 & 6job:

Proposed Site Plan

drawn:

RIBA Stage:

AJW 08/03/2016

CBM 1:500

LANDSCAPE ARCHITECTS.

0 5 10 20 30 40

metresscale 1:500

3

T:

Landscaping is indicative subject to detailed design.

SOS

Planning Approved layout (rev S)

amended to show FOG units with single

width underpass, plots 530, 544, 562,

579. Additional parking spaces allocated.

Extent of engineering works indicated to

Park

T13.01.2017 CBM

New tarmac path to Sustrans route.

New tarmac footpath/cycleway banking up to suit new levels.

Line of approved soil banking

Proposed 1 in 6

Soil slope

Proposed 1 in 20

slope to footway/cycleway

Proposed 1 in 15

slope to footway

Proposed 1 in 15

slope to footway

Proposed 1 in 6

Soil slope

Proposed 1 in 6

Soil slope

+1100

+1100

+1500

+1500

+1500

+1500

+1500

+300

+650



9. PHOTOGRAPHS

Plate 9.1: Hardstanding habitat Plate 9.2: Managed semi-improved grassland

Plate 9.3: Pear tree in poor condition Plate 9.4: Unmanaged grassland (south-eastern extent)



REFERENCES AND BIBLIOGRAPHY

British Standards Institution (2013). British Standard 42020: 2013. Biodiversity – Code of practice for

planning and development. British Standards Institution, London. British Standards Institution. (2012). British Standard 5837:2012, Trees in relation to design, demolition and

construction – recommendations. British Standards Institution, London. Department for Communities and Local Government (2012). National Planning Policy Framework. Available:

http://www.communities.gov.uk/planningandbuilding/planningsystem/planningpolicy/planningpolicyframework/

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

Environmental Assessment. E&FN Spon, An Imprint of Chapman and Hall. London. Joint Nature Conservation Committee (2010). Handbook for Phase 1 Habitat Survey: A technique for

environmental audit (reprint). Joint Nature Conservation Committee, Peterborough. Joint Nature Conservation Committee (2012). UK Post-2010 Biodiversity Framework. Available:

http://jncc.defra.gov.uk/pdf/UK_Post2010_Bio-Fwork.pdf Middlemarch Environmental Ltd (2016). Preliminary Ecological Assessment: Saxon Rise Phase 4 and 6,

Camphill, Nuneaton. Report RT-MME-121958-01 Middlemarch Environmental Ltd (2016). Reptile Survey: Saxon Rise Phase 4 and 6, Camphill, Nuneaton.

Report RT-MME-122199-01 Middlemarch Environmental Ltd (2016). Great Crested Newt Asssesment and Reasonable Avoidance

Method Statement: Saxon Rise Phase 4 and 6, Camphill, Nuneaton. Report RT-MME-122199-01



http://jncc.defra.gov.uk/pdf/UK_Post2010_Bio-Fwork.pdf



APPENDICES

APPENDIX 1: Summary of Statutory Nature Conservation Sites APPENDIX 2: Overview of Relevant Species Specific Legislation



APPENDIX 1

Summary of Statutory Nature Conservation Sites



UK Statutory sites located within 2 km Site Check Report Report generated on Fri Feb 03 2017 You selected the location: Centroid Grid Ref: SP333925 The following features have been found in your search area: Ancient Woodland (England) Wood Name Theme Name Ancient & Semi-Natural Woodland Theme ID

1410824 Area (Ha) 4.538443 Wood Name Theme Name Ancient & Semi-Natural Woodland Theme ID 1410834 Area (Ha) 1.419018 Wood Name HARTSHILL HAYES

Theme Name Ancient Replanted Woodland Theme ID 1107870 Area (Ha) 46.143006 Wood Name KINGS WOOD Theme Name Ancient & Semi-Natural Woodland Theme ID 1107869

Area (Ha) 2.062646 Wood Name SPRING KIDDEN/NORTH WOODS Theme Name Ancient & Semi-Natural Woodland Theme ID 1107872 Area (Ha) 2.363309 Local Nature Reserves (England)

Reference 1421557 Name GALLEY COMMON Hectares 13.32 Hyperlink http://www.lnr.naturalengland.org.uk/special/lnr/lnr_details.asp?themeid=1421557 Sites of Special Scientific Interest (England) Name Illing's Trenches SSSI Reference

1002265 Natural England Contact ROBINSON - MIKE Natural England Phone Number 0845 600 3078 Hectares 0.59 Citation 1001713 Hyperlink

http://www.lnr.naturalengland.org.uk/special/lnr/lnr_details.asp?themeid=1421557



http://designatedsites.naturalengland.org.uk/SiteDetail.aspx?SiteCode=s1001713 Name Boon's Quarry SSSI Reference 1002625 Natural England Contact

Farquhar - Lynne Natural England Phone Number 0845 600 3078 Hectares 0.82 Citation 1003283 Hyperlink http://designatedsites.naturalengland.org.uk/SiteDetail.aspx?SiteCode=s1003283 National Nature Reserves (England) No Features found SSSI Impact Risk Zones – to assess planning applications for likely impacts on SSSIs/SACs/SPAs &

Ramsar sites (England) 1. DOES PLANNING PROPOSAL FALL INTO ONE OR MORE OF THE CATEGORIES BELOW? 2. IF YES, CHECK THE CORRESPONDING DESCRIPTION(S) BELOW. LPA SHOULD CONSULT NATURAL ENGLAND ON LIKELY RISKS FROM THE FOLLOWING: All Planning Applications Infrastructure Airports, helipads and other aviation proposals. Wind & Solar Energy Minerals, Oil & Gas Planning applications for quarries, including: new proposals, Review of Minerals Permissions (ROMP), extensions, variations to conditions etc. Oil & gas exploration/extraction. Rural Non Residential

Residential Rural Residential Air Pollution Any industrial/agricultural development that could cause AIR POLLUTION (incl: industrial processes, pig & poultry units, slurry lagoons > 750m³ & manure stores > 3500t). Combustion General combustion processes >50MW energy input. Incl: energy from waste incineration, other incineration, landfill gas generation plant, pyrolysis/gasification, anaerobic digestion, sewage treatment works, other incineration/ combustion. Waste Composting

Discharges Water Supply GUIDANCE – How to use the Impact Risk Zones /Metadata_for_magic/SSSI IRZ User Guidance MAGIC.pdf 1. DOES PLANNING PROPOSAL FALL INTO ONE OR MORE OF THE CATEGORIES BELOW? 2. IF YES, CHECK THE CORRESPONDING DESCRIPTION(S) BELOW. LPA SHOULD CONSULT NATURAL ENGLAND ON LIKELY RISKS FROM THE FOLLOWING: All Planning Applications Infrastructure Pipelines, pylons and overhead cables. Any transport proposal including road, rail and by water (excluding routine maintenance). Airports, helipads and other aviation proposals. Wind & Solar Energy

Minerals, Oil & Gas Planning applications for quarries, including: new proposals, Review of Minerals Permissions (ROMP), extensions, variations to conditions etc. Oil & gas exploration/extraction. Rural Non Residential Residential Rural Residential Air Pollution Any industrial/agricultural development that could cause AIR POLLUTION (incl: industrial processes, pig & poultry units, slurry lagoons > 750m³ & manure stores > 3500t). Combustion General combustion processes >50MW energy input. Incl: energy from waste incineration, other incineration,

landfill gas generation plant, pyrolysis/gasification, anaerobic digestion, sewage treatment works, other incineration/ combustion.

http://designatedsites.naturalengland.org.uk/SiteDetail.aspx?SiteCode=s1001713

http://designatedsites.naturalengland.org.uk/SiteDetail.aspx?SiteCode=s1003283

http://magic.defra.gov.uk/Metadata_for_magic/SSSI%20IRZ%20User%20Guidance%20MAGIC.pdf



Waste Landfill. Incl: inert landfill, non-hazardous landfill, hazardous landfill. Composting Discharges Water Supply Large infrastructure such as warehousing / industry where total net additional gross internal floorspace

following development is 1,000m² or more. GUIDANCE – How to use the Impact Risk Zones /Metadata_for_magic/SSSI IRZ User Guidance MAGIC.pdf

EU Statutory Sites located within 5 km Site Check Report Report generated on Fri Feb 03 2017

You selected the location: Centroid Grid Ref: SP333925 The following features have been found in your search area: Special Areas of Conservation (England) Name ENSOR'S POOL Reference UK0012646 Hectares 3.72 Hyperlink http://jncc.defra.gov.uk/protectedsites/sacselection/sac.asp?eucode=UK0012646 Ramsar Sites (England)

No Features found Special Protection Areas (England) No Features found

http://magic.defra.gov.uk/Metadata_for_magic/SSSI%20IRZ%20User%20Guidance%20MAGIC.pdf

http://jncc.defra.gov.uk/protectedsites/sacselection/sac.asp?eucode=UK0012646



APPENDIX 2

Overview of Relevant Species Specific Legislation



Bats Bats and the places they use for shelter or protection (i.e. roosts) receive European protection under The Conservation of Habitats and Species Regulations 2010, as amended (Habitats Regulations 2010, as amended). They receive further legal protection under the Wildlife and Countryside Act (WCA) 1981, as amended. This protection means that bats, and the places they use for shelter or protection, are capable of being a material consideration in the planning process. Regulation 41 of the Habitats Regulations 2010 (as amended), states that a person commits an offence if they:

deliberately capture, injure or kill a bat;

deliberately disturb bats; or

damage or destroy a bat roost (breeding site or resting place). 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, or in the case of animals of a hibernating or migratory species, to hibernate or migrate; or to affect significantly the local distribution or abundance of the species to which they belong. It is an offence under the Habitats Regulations 2010 (as amended) for any person to have in his possession or control, to transport, to sell or exchange or to offer for sale, any live or dead bats, part of a bat or anything derived from bats, which has been unlawfully taken from the wild. Whilst broadly similar to the above legislation, the WCA 1981 (as amended) differs in the following ways:

Section 9(1) of the WCA makes it an offence to intentionally kill, injure or take any protected species.

Section 9(4)(a) of the WCA makes it an offence to intentionally or recklessly* damage or destroy, or obstruct access to, any structure or place which a protected species uses for shelter or protection.

Section 9(4)(b) of the WCA makes it an offence to intentionally or recklessly* disturb any protected species while it is occupying a structure or place which it uses for shelter or protection.

*Reckless offences were added by the Countryside and Rights of Way (CRoW) Act 2000. As bats re-use the same roosts (breeding site or resting place) after periods of vacancy, legal opinion is that roosts are protected whether or not bats are present. The following bat species are Species of Principal Importance for Nature Conservation in England: Barbastelle Bat Barbastella barbastellus, Bechstein’s Bat Myotis bechsteinii, Noctule Bat Nyctalus noctula, Soprano Pipistrelle Pipistrellus pygmaeus, Brown Long-eared Bat Plecotus auritus, Greater Horseshoe Bat Rhinolophus ferrumequinum and Lesser Horseshoe Bat Rhinolophus hipposideros. Birds The Conservation of Habitats and Species Regulations 2010 (as amended) places a duty on public bodies to take measures to preserve, maintain and re-establish habitat for wild birds. Nesting and nest building birds are protected under the Wildlife and Countryside Act WCA 1981 (as amended). Subject to the provisions of the act, if any person intentionally:

kills, injures or takes any wild bird;

takes, damages or destroys the nest of any wild bird while that nest is in use or being built; or

takes or destroys an egg of any wild bird, he shall be guilty of an offence. Some species (listed in Schedule 1 of the WCA) are protected by special penalties. Subject to the provisions of the act, if any person intentionally or recklessly:

disturbs any wild bird included in Schedule 1 while it is building a nest or is in, on or near a nest containing eggs or young; or

disturbs dependent young of such a bird, he shall be guilty of an offence.



Several bird species are Species of Principal Importance for Nature Conservation in England, making them capable of being material considerations in the planning process. Common amphibians Common frogs, common toad, smooth newt and palmate newt are protected in Britain under Schedule 5 of the Wildlife and Countryside Act (1981, as amended) with respect to sale only. They are also listed under Annex III of the Bern Convention 1979. Any exploitation of wild fauna specified in Appendix III shall be regulated in order to keep the populations out of danger. The convention seeks to prohibit the use of all indiscriminate means of capture and killing and the use of all means capable of causing local disappearance of, or serious disturbance to, populations of a species. Common toad is listed as a Species of Principal Importance for Nature Conservation in England. Reptiles All of the UK’s native reptiles are protected by law. The two rarest species – sand lizard (Lacerta agilis) and smooth snake (Coronella austriaca) – benefit from the greatest protection; however these two species are not known to occur within Warwickshire. Common lizard (Zootoca vivipara), slow-worm (Anguis fragilis), adder (Vipera berus) and grass snake (Natrix natrix) are protected under the Wildlife and Countryside Act 1981 as amended from intentional killing or injuring. In England and Wales, this Act has been amended by the Countryside and Rights of Way Act 2000 (CRoW), which adds an extra offence, makes species offences arrestable, increases the time limits for some prosecutions and increases penalties. The Natural Environment and Rural Communities (NERC) Act 2006 places a duty on Government Departments to have regard for the conservation of biodiversity and maintains lists of species and habitats which are of principal importance for the purposes of conserving biodiversity in England and Wales. All native reptile species are included on these lists. This is a simplified description of the legislation. In particular, the offences mentioned here may be absolute, intentional, deliberate or reckless. Note that where it is predictable that reptiles are likely to be killed or injured by activities such as site clearance, this could legally constitute intentional killing or injuring.