mr charlie burgoyne of more house farm - east sussex · 2.1 instructions were received from mr...

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Wivesfield Wildlife Matters Wildlife Matters Consultancy Unit, Report WM825.1 of 16 th July 2012 1 Golf Course Farm, Wivesfield, East Sussex Ecological Report View of site looking south east By On behalf of Mr Charlie Burgoyne of More House Farm Mr Charlie Burgoyne, More House Farm, Wivesfield, Haywards Heath, East Sussex, RH17 7RE Tel. 07860 925942 Dated 16 th July 2012

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Wivesfield Wildlife Matters

Wildlife Matters Consultancy Unit, Report WM825.1 of 16th July 2012

1

Golf Course Farm, Wivesfield, East Sussex Ecological Report

View of site looking south east

By

On behalf of

Mr Charlie Burgoyne of More House Farm

Mr Charlie Burgoyne, More House Farm, Wivesfield, Haywards Heath, East Sussex, RH17 7RE Tel. 07860 925942 Dated 16

th July 2012

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Wildlife Matters Consultancy Unit, Report WM825.1 of 16th July 2012

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1.0 Executive Summary No protected reptiles were found on or adjacent to the site.

No protected amphibians were found in the field.

No protected Hazel Dormice were found on site.

No loss of habitat expected.

No hedgerows will be lost.

No peripheral damage expected.

No evidence of protected badgers present.

No loss of protected species.

A significant ecological gain will result in the new lake:

To enhance overall biodiversity

To promote aquatic plants

To provide habitat for amphibians

To provide new habitat for reptiles

To boost aquatic invertebrate populations

To provide an extra foraging area for local bats

To provide a more satisfactory water supply for stock

2.0 Instructions 2.1 Instructions were received from Mr Charlie Burgoyne on 15th May 2012 to address the issues raised in the email of 14th May 2012 from Mr Peter Young, Senior Planning Officer at Lewes District Council. 2.2 The proposal is to form a lake within a natural dip in a field, all of which is within a much larger field from which all hedgerows have been removed historically. The proposal is also linked with seeking an ecological gain for the site overall. 2.3 Mr Peter Young stated the following in his email of the 14th May 2012:

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“The proposed development is in a rural site. There has been no ecological information submitted to the show the impact of the proposal on local wildlife, flora and furna. There is the possibility that the site could be used by reptiles, earthworms, Great Crested Newts of Dormice. However not details have been to submitted with regards to this. An ecological report would also be useful in order to set out any appropriate landscaping, mitigation or elements which could be imposed to enhance the ecology of the area. A report would also set out any ecological enhancements as a result of creating a water feature.” (sic)

2.4 This report therefore addresses the following matters raised by Mr Peter Young:

Any reptile present?

Any amphibians present, i.e. any Great Crested Newts (GCN) present?

Any Hazel Dormice present?

Ecological benefits 3.0 Site visits 3.1 A site visit was made on 18th May 2012 when the temperature was 14°C and warm – ideal for noting wildlife. 4.0 The Site 4.1 The site is a small part of a much large field fenced off with electric fencing, but used in rotation for the grazing of cattle (50 head) and horses (30 head), see photographs in Technical Appendix WM01. 4.2 The field was ploughed and seeded about 6-7 years ago with perennial rye grass and has been kept in relatively good order as a mono-crop. Ecologically it is therefore species-poor and it has a few ‘weed’ species such as docks, thistles and buttercups. 4.3 The field does not have any trees, scrub or water bodies and no buildings. 4.4 It is worth pointing out (for the consequent limitation to ecology biodiversity) that the site does not have any ditches or other water bodies such as pond or ephemeral water bodies (used by newts).

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4.5 The lack of water on site reduces the potential for many species of wildlife to live on site, especially aquatic invertebrates. 4.6 There was no Japanese knotweed on site (this is important as it easily spread by excavations involving imported soils). 5.0 Methodology Reptiles 5.1 The methodology for checking for reptiles on this site was to check for suitable habitats on site. This involved looking for good basking spots on logs, on ant hills, on wooden palings, in fact anywhere that warms up fast in the sun and provides suitable sites for Common Lizards (Zootoca vivipara). Checks were made for long grass, grass tussocks, compost heaps and adjacent light woodland in which slow worms (Anguis fragilis) could be found. So far as the grass snakes (Natrix natrix) and adders (Vipera berus) were concerned suitable hot grassy sites were sought. All reptile species are protected by UK and EU law (Technical Appendix WM02). Amphibians 5.2 The methodology for checking for amphibians (newts, frogs, toads) on this site was to look out for their aquatic breeding places (ponds, water-filled ditches with no water movement including all ephemeral water bodies, lakes) as well as their terrestrial habitats such as light woodland and hedges. Hazel Dormouse 5.3 The presence of protected Hazel Dormouse was checked according to criteria in The Dormouse Conservation Handbook such as looking for summer and winter nests, hazel bushes (food sources) and honeysuckle (nesting material) (Technical Appendix WM03). 6.0 Results Reptiles 6.1 The site lacks any form of habitat that might be attractive to reptiles. There was a lack of long grass and tussocks (in which they shelter), old pieces of timber and general debris, wood, plastic etc (on which they like to sunbathe) and no compost heaps (in which some of them breed).

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6.2 Overall the field does not provide suitable habitat for reptiles, because it is an ‘improved’ agricultural field – that is, improved for agriculture not wildlife. 6.3 The field is bounded on two sides by more heavily grazed agricultural fields (unattractive to wildlife), and on two sides by hedgerows one of which is separated by an active farm track. The farm track is clean and tidy with no piles of wood, so there are no habitats for reptiles to shelter. The hedgerows on both sides generally have clean edges between the field and hedgerows and there are few places where there is any fallen timber on which reptiles might rest and sunbathe. 6.4 The weather during the visit was acceptably warm for reptiles to have been active and visible if present. None were seen, on or under any timber. 6.5 It was thus concluded that the site (i.e. the main body of the site and the margins) would be unlikely to support any reptiles. Amphibians 6.6 There are no water bodies on the proposed development site ( = the field, the site), so there are no breeding places for any amphibian to live. There are no terrestrial habitats on the site itself. So the site does not have any breeding or terrestrial habitats which would support amphibians. 6.7 To the west, off site, there used to be a pond but this is terrestrialised and completely covered over with vegetation. Amphibians need some open water for courting and mating, and as there is none, it is not likely that amphibians use this old pond. No other ponds were seen in adjacent fields, the fields being mostly agriculturally improved, species poor and of little use to amphibians. An abandoned sheep dip was noted in an adjacent field. 6.8 Amphibians move away from their aquatic breeding places into the terrestrial habitat (light woodland, hedgerows, scrub etc), but as there is a complete lack of any suitable terrestrial habitat on site it was concluded that the site would be unlikely to support any amphibians. 6.9 The fact that the field is clean and tidy without any debris, wood piles etc (under which amphibians would rest) suggests that the field is not a suitable place for amphibians. The fact that the field is a short-grass mono-crop which is regularly trampled by stock suggests that the site is generally an unsuitable place for amphibians.

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6.10 A single toad (Bufo bufo) was found close to the west hedge. The main body of the site is generally unsuitable for toads but more provision for toads is recommended. Toads are Biodiversity Action Plan (BAP) species and need to be conserved. Hazel Dormice 6.11 No evidence of protected dormice was found on site. According to the checklist of criteria in Conservation Handbook, the site lacked the necessary habitat structure, viz: a lack of 'linked canopies' (there are no woodlands on site), no 'newly-cut coppice woodlands', no 'coppice stools and brushwood' and no 'woodlands as small as 2ha. A general search for any winter or summer nests was negative. 6.12 The proposed development site is a field with no scrub or trees, and therefore the field is an alien environment for Hazel dormice to live. No evidence of them was found in the field. None was expected. 6.13 Hazel dormice eat hazel nuts, and hazel was generally not present in the south hedgerow (only two plants to the south-east of the site, and only one plant in the west hedgerow). Even if hazel dormice were present, which would appear very unlikely they are not likely to move away from their preferred habitat, hedgerows. 6.14 It was concluded that hazel dormouse does not occur on the proposed development site. 7.0 Results from local records search for 2km around the site. 7.1 Data records were purchased from the Sussex Biodiversity Record Centre for 2km around the site (see the 179 paged report appended). 7.2 Pertinent data that they hold on protected species is as follows, to which comments have been added.

Sussex Protected Species Register (their order)

Comments

Starfruit No water on site

Pennyroyal Not seen on site

Fairy shrimp No water or ephemeral pools on site

Great Crested Newt Latest record was in 2008 in Plumpton Pond. No breeding or terrestrial habitats on site.

Slow worm Latest record 2005 Chailey Common

Common Lizard Latest record 2012 Chailey

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ridge

Grass snake Latest record 2005 Chailey Common

Adder Latest record 2012 Chailey Common

Water vole No water on site. Latest record 2006, Chailey Common

Hazel Dormouse Latest record 2011, Plumpton

8.0 Adjacency to sensitive ecological sites 8.1 Adjacency to important international sites (SPAs, SACs, Ramsars, WHSs) is now an important planning matter, and Natural England will sometimes regard being up to 15km from such an international site as being grounds for further assessment of potential risk. 8.2 With regard to SSSIs, the nearest site is Chailey Common (SSSI) which is 1.5km from the site to the north-east. 8.3 With regard to Ramsars the nearest is Pevensey Levels (Ramsar) which is 30km to the south-east. 8.4 With regard to SPAs the nearest is Ashdown Forest (SPA) which is about 11km to the north-east. 8.5 With regard to BAP Priority habitats the nearest is a block of woodland immediately to the east of the site called Mercers Wood which is about 150m from the site (see Technical Appendix WM04). 8.6 With regard to LNRs the nearest is Chailey Common (LNR) which is about 1.8km from the site to the north-east. 8.7 It is the local authority who has to make the decision as to whether development of this brownfield site will have an adverse environmental affect upon an international site. 8.8 The development, by itself, and not ‘in combination’ with any other construction site within 5km, is not likely to adversely, or significantly affect the SSSI or other designated sites in the locality, in the opinion of this consultant. 9.0 Construction traffic and potential environmental impact 9.1 No hedgerows will be removed or damaged in the making of the lake as there is a regular and wide farm track leading from the farm

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buildings to the field. Therefore there will not be any adverse environmental impact to any adjacent habitats. 9.2 The construction of the lake will be within the area shown on Map dated January 2012 (Drawing No. 6) so there will be no peripheral damage to any adjacent habitat. 9.3 Efforts will be made to ensure that no Japanese knotweed is imported onto site in any of the materials brought in to make the bund. 10.0 Ecological Gains 10.1 Lewes District Council wished to know what ecological outcomes would result in the construction of the new lake. 10.2 The following would accrue:

1. The field would go from a species-poor state to a species-rich state, i.e. excellent for biodiversity.

2. The lake will be naturally colonised rapidly by native alder

(Alnus sp.) and native Willow (Salix sp.) as well as other water-loving plants, so there is no need for a planting scheme. Within two years there will be metre high seedlings around the edge, which within five years will need to be managed (selectively cut).

3. The natural colonisation of the waters’ edge will immediately

boost the biodiversity such that terrestrial invertebrates will move into to exploit the plants.

4. Aquatic invertebrates will also colonise the lake. This will

occur within one or two days of the water filling the lake. Water beetles will fly in, drawn in by the availability of new habitat to exploit.

5. With the burgeoning increase in aquatic and terrestrial

invertebrates a wide variety of birds will use the lake for feeding, and some for breeding within the colonising plants.

6. The local bats will also be able to use this extra foraging

area feeding on the clouds of aquatic invertebrates drawn to, and breeding in, the lake.

7. The present survey has shown no evidence for reptiles or

amphibians. However, the creation of the lake will have an immediate effect on any amphibians (and grass snakes)

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which will be drawn to the lake from as far as 5km. It is usual that new ponds attract frogs within a few days.

8. Two hibernacula will be created around the edges of the lake

so that frogs and toads and newts can find shelter. These will comprise piles of logs and sticks and will be on the two sides where the hedgerows are present.

9. Overall the lake will bring a welcome aquatic environment

within an otherwise a species-poor set of fields that are only used for grazing and add little to biodiversity.

10. The new lake will create a positive ecological gain for the

area, in both the short and long term.

11. The new lake will provide a more ecologically sound water source for the farm stock, as they much prefer ‘natural’ untreated water sources than treated mains water.

9.0 Conclusions The proposed development site is extremely poor in species. There are no protected habitats or protected species on site. The creation of a lake will make an important ecological gain to the area.

Appendices follow

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Technical Appendix WM01

The site

Looking north to the farm buildings, the site on the right

Horse grazing the site

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Technical Appendix WM01, continued…. The site

The southern hedge visible

The western hedge visible across the field

(note the existing depression)

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Technical Appendix WM02

Reptiles and the law Common Lizards – Grass snake – Adders - Slow worms

The grass snake is a UK BAP (Biodiversity Action Plan) Species of Conservation Concern

Slow worms are priority BAP species Adders are BAP species

The Law Common lizards, grass snakes, adders and slow worms are protected under the Wildlife and Countryside Act 1981 (as amended) as Schedule 5 species, ‘in respect of section 9 (5) only’, where it is unlawful to sell ‘any live or dead animal, or any part of, or anything derived from, such an animal.’ or ‘publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell, any of those things’ shall be guilty of an offence. They are also protected under part of Schedule 5 Section 9(1) against ‘intentionally’ killing or injuring any wild animal on the list

1; These animals are also protected via the Countryside and Rights of Way Act

2000 (CRoW, 2000) against any ‘reckless’ behaviour that might endanger the life of these reptiles. Under PPS9 they are also a ‘material consideration’.

“Q: Do I need a licence to survey for common lizards, adders, grass snakes and slow worms?

A. A licence is not required to disturb, handle or move them” .. though it is strongly recommended that you seek advice from Natural England’s Regional Team if you propose to translocated (move) them.

2 “For adder, grass

snake, slow-worm and common lizard you do not need a licence to capture or disturb them or to damage their habitats.”

3

Survey work Although reptiles ‘should not normally removed from a development site before a planning application is made’ the developer should ensure that every reasonable effort to safeguard these animals is put in place. A site survey should be carried out to establish to size and status of the population and to put it into a local and regional context. Natural England ‘expects high standards to be maintained in all mitigation.’

Mitigation Mitigation methods are determined by the results of the survey work and how large the population is. It will also have as its aim to enhance the habitat for reptiles, whilst moving the animals temporarily out of the way to a safe area whilst ensuring that the impacts of the development will be minimal. It is prudent to prepare a Method Statement (that can also be part of a planning application) so that the above matters are explained. A suitably-sized area for reptiles to be re-located to, on site, will have to be identified, such as a Public Open Space (POS). It should also have suitable feeding areas for reptiles, and suitable underground hibernation sites (hibernacula). It should not also be full of reptiles such that any new reptiles introduced would exceed the ‘carrying capacity’ of the release area and be out-competed for food. If reptiles are not present in the proposed receptor area the reason should be sought, and the habitat made suitable if not.

Work to be carried out: 1. Erect plastic fence (dug into the ground) around area to hold the reptiles (the Receptor site) . 2. Erect plastic fence around area to be cleared of reptiles (the Donor site). A large field can be divided into separate areas; when one area is declared free of reptile construction can start. Where reptiles are around the periphery of a site (often the case, next to compost heaps of houses), the central area can be destructively searched . 3. Put out a variety of devices to ‘catch’ reptile (tin trays, carpets etc). Five negative results from all traps on suitable days declares the area free.

Timing: Allow 4 months for all work to be completed, from March (the earliest for starting when the reptiles come out of hibernation). NB. October cannot always be relied upon to find reptiles, as the onset of cold weather puts the animals into hibernation. Similarly March can be cold.

J F M A M J J A S O N D Scrub clearance

Scrub clearance

mitigation mitigation mitigation mitigation mitigation mitigation mitigation mitigation Scrub clearance

Scrub clearance

Reptiles in hibernation

Reptiles in hibernation

Too cold??

Last period to start

Last period to start

Too cold??

Reptiles in hibernation

Reptiles in hibernation

No surveys

No surveys

Surveying Surveying Surveying Surveying Surveying ? too hot

Surveying ? too hot

Surveying Surveying

1 Gent, T. & Gibson, S. 1998. Herpetofauna Workers Manual, 1998. JNCC.

2 Natural England, Species Licensing, on-line, accessed 4 Sept 2007

3 English Nature, Reptiles: guidelines for developers. English Nature 2004 – downloaded from their website accessed 24.8.07).

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Technical Appendix WM03 The Hazel Dormouse - Conservation of an EPS species

(Muscardinus avellanarius)

EU Law

Bern Convention, Appendix 3. The Conservation (Natural Habitats &c) Regulations ('The Habitats Regulation') 1992 - Dormice as European Protected Species (EPS) UK Legislation

Wildlife and Countryside Act 1981, Schedule 5, and as amended in 1988. Conservation (Natural Habitats &c) Regulations 1994. Hedgerow Regulations 1997. Biodiversity protection

The Convention on Biological Diversity (The Rio Convention). Countryside and Rights of Way Act 2000 (Section 74) - having regard to conserving biodiversity Biodiversity Action Plan (BAP) Occurrence

Dormice used to be widespread over most of England and Wales but have now retracted to the south-east and south-west England, East Anglia (but not Norfolk), central England, Wales, but are entirely absent from Scotland. It has become extinct in about half of its former range. Habitats used by Hazel Dormice

Good habitat for dormice is often provided by what may be considered young growth stands: areas of scrub, early coppice re growth, or young coppice re growth, or young naturally regenerated broadleaved stands. Such early successional woodland is often species-rich (Conservation Handbook p. 31).

1. Linked canopies (p. 15 in Conservation Handbook). The following are good habitats : 2. Newly-cut coppice woodlands 3. Ivy left on trees 4. Coppice stools and brushwood (as hibernation locations) 5. Woods down to 2ha in size

'Dormice need a diverse woodland with a good variety of fruiting trees and shrubs and an abundance of aerial pathways. Hazel is particularly important food resource during the autumn when the dormice are fattening for hibernation and the species has long been associated with hazel.' (Species Conservation

Handbook). Checks and Tests for Hazel Dormouse

'The Dormouse Conservation Handbook' has four checks and tests for hazel dormice: 1. Check whether the site falls within or close to the know range of dormouse. 2. Check for the existence of dormouse records with the local biological records centre or on the National Biodiversity Network (NBN). 3. Check with the site owner to see if they know whether dormice are present. 4. Hazel nut examination ('the best way to establish dormice presence..' p.23 ) Examine 10 x 10m square around heavily fruiting hazel; 80% chance of finding dormice present if x 3 such areas are checked for typical gnawed hazel nuts. Collect 100 hazel nuts and examine them ('an alternative way of achieving and adequate sampling intensity (p23). 5. How many of the 20 plant species useful to dormice present on site? References Bright, P., Morris, P., & Mitchell-Jones, T., 2006. The dormouse conservation handbook. English Nature.

Peterborough. Mitchell-Jones, 1994. Dormice and Commercial Coppice Restoration. In: Species Conservation Handbook. English Nature, Peterborough. Natural England, 2007. Dormouse: European Protected Species. Natural England Species Information

Note SIN005.

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Technical Appendix WM04

Location of field to be flooded

Wildlife Matters Consultancy Unit,

↑ NORTH

Title Location of proposed development site

Scale 200m as shown

Direction of North To the TOP of page

Copyright Ordnance Survey © Crown Copyright (2005). All rights reserved. Wildlife Matters Licence Number 100002077. Plan taken from www.natureonthemap.co courtesy of Natural England (copyright reproduction permitted, as Per Natural England (26

th June 2012: NE Enquiries).

File name WM825.1 Ecology Report

Key Location of field to be flooded

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Audit trail

Revision Date Report Description Prepared by

WM825 19th

May 2012 Ecological survey of field

Dr. John Feltwell

WM825.1 16th

July 2012 Ecological survey of field

Dr. John Feltwell

COPYRIGHT ATTRIBUTIONS 2012

The contents of this document must not be copied or reproduced in whole or part without the written consent of Wildlife Matters. All images in this report are © John Feltwell / Wildlife Matters, unless otherwise stated, e.g. © Ordnance Survey. All plans are based on Ordnance Survey Maps with the permission of the Controller of Her Majesty's Stationery Office Crown Copyright: Wildlife Matters, Marlham, Henley's Down, Battle, East Sussex, TN33 9BN (OS Number AL50016A).