volume 2 - appendix d.8 wintering bird survey report...4 cieem (september 2018). guidelines for...

M2 Junction 5 Improvements Environmental Statement

Volume 2 - Appendix D.8 Wintering Bird Survey Report

June 2019 Status: A1 APPROVED - PUBLISHED

Document Ref: HE551521-ATK-EBD-RP-LE-000019

M2 Junction 5 Improvements Environmental Statement Volume 2 - Appendix D.8 Wintering Bird Survey Report

Revision C03 Page 2 of 30

Notice This document and its contents have been prepared and are intended solely for Highways England’s information and use in relation to M2 Junction 5 Improvement. Atkins Limited assumes no responsibility to any other party in respect of or arising out of or in connection with this document and/or its contents.

Document control The Project Manager is responsible for production of this document, based on the contributions made by his/her team existing at each Stage

Document Title Volume 2 - Appendix D.8 Wintering Bird Survey

Author LS

Owner Camelia Lichtl

Distribution

Document Status A1

Revision History

Version Date Description Originator Checker Reviewer Authoriser

C03 21/05/2019 Final for Publication

LS AR LS HC

C02 09/03/19 Draft 2 for HE Review

LS AR LS HC

Reviewer List

Name Role

Environment Support Centre SES Environment Group

The original format of this document is copyright to Highways England



Table of contents

Chapter Pages

Appendix D. 8 Wintering Bird Survey Report 5

D.1 Introduction 5

D.2 Methodology 5

D.3 Assessment 9

D.4 Results 10

D.5 Evaluation 16

D.6 Conclusion 16

Appendix A. Summary of Relevant legislation 19

Appendix B. Kent Local Biodiversity Action Plan Species 20

Appendix C. Survey area species list and peak counts 23

Appendix D. Figures 26

Tables

Table D.1: Survey dates/ times and weather conditions ................................................................................ 9 Table D.2: Relevant SPAs within 20 km of the Scheme and associated qualifying features .........................11 Table D.3: Relevant Ramsar sites within 20 km of the Scheme and associated qualifying features ..............12 Table D.4: Notable species recorded within the Survey Area .......................................................................15

Appendix D.8

(Wintering Bird

Survey Report)

M2 Junction 5 ImprovementsEnvironmental Statement Volume 2 - Appendix D.8 Wintering Bird Survey Report


Appendix D. 8 Wintering Bird Survey

Report

D.1 Introduction

Terms of Reference

D.1.1 Atkins Limited (Atkins) was commissioned by Highways England to undertake wintering bird surveys to inform the Environmental Statement (ES) for the M2 Junction 5 Improvements Scheme (hereafter referred to as ‘the Scheme’) located in Kent, approximately 10 km north east of Maidstone. Full details of the Scheme are provided in Chapter 2 of the Environmental Statement.

D.1.2 The purpose of the wintering bird surveys was to collect sufficient information, such that the value of the habitats within and surrounding the Scheme for wintering birds could be assessed, and the potential impacts of the Scheme on wintering birds be fully evaluated.

D.1.3 This technical appendix presents ecological information relating to the wintering bird surveys undertaken for the Scheme, including methodology, results of the desk study and field surveys, an evaluation of the nature conservation value of bird species, and details of the species assemblages present within the Survey Area.

D.1.4 This report provides factual information to support the ES, which will accompany the planning application for the Scheme.

Legislation

D.1.5 Relevant legislation is summarised in Appendix A.

D.2 Methodology

Desk Study

Designated Sites

D.2.1 The Multi-Agency Geographic Information for the Countryside (MAGIC)1 website was used to obtain information on relevant statutory designated sites that are designated on account of their ornithological importance which may be functionally linked to the Scheme2, based on current best practice guidance

1 Multi-Agency Geographic Information for the Countryside (2018) Available at: https://magic.defra.gov.uk/MagicMap.aspx [accessed 18th December 2018]

2 Functional linkage refers to the role or ‘function’ that land or sea beyond the boundary of a European site might fulfil in terms of supporting the populations for which the site was designated or classified. Such an area of land or sea is therefore ‘linked’ to the site in question because it provides a (potentially important) role in maintaining or restoring a protected population at favourable conservation status (taken from Chapman, C. & Tyldesley, D (2016) Functional linkage: How areas that are functionally linked to European sites have been considered when they may be affected by plans and projects - a review of authoritative decisions. Natural England Commissioned Report NECR207).



within the Design Manual for Roads and Bridges (DMRB)3 and Chartered Institute for Ecology and Environmental Management (CIEEM) guidance4. This comprises Natura 2000 sites designated for their ornithological interest, i.e. Special Protection Areas (SPAs), potential SPAs (pSPAs), Ramsar sites and proposed Ramsar sites for which the qualifying features5 could feasibly use habitats within or adjacent to the Scheme during the winter period, based on known foraging ranges and habitats of those species.

D.2.2 The Natura 2000 sites with potential functional linkage to the Scheme are limited to those within the foraging range of wildfowl and waders, as there are no Natura 2000 sites designated for wintering gull species within foraging of these species. As such only Natura 2000 sites within 20 km were considered. This distance is precautionary and based on the Scottish Natural Heritage (SNH) guidance ‘Assessing Connectivity with Special Protection Areas (SPAs)’ 6 which states that ‘the core [foraging] range should be used when determining whether there is connectivity between the proposal and the qualifying interests’. The maximum core range given for wildfowl or wader species in this publication is 20 km (for greylag goose and pink-footed goose). Additional sources of information were also reviewed7, 8, 9, 10, 11 to determine the foraging ranges of species not referred to in the SNH publication.

D.2.3 The MAGIC website was also used to obtain information on additional statutory designated sites such as Sites of Special Scientific Interest (SSSIs) and National Nature Reserves and designated on account of their ornithological interest within 2 km of the Scheme boundary.

D.2.4 Desk study records of non-statutory designated sites and ancient woodland within 2 km of the centre of the Scheme (Grid Reference TQ 85499 62166) were requested in July 2017 from Kent and Medway Biodiversity Records Centre (KMBRC).

Important habitats for wintering birds

D.2.5 Satellite and overhead images and Ordnance Survey maps were reviewed in order to ascertain the presence of habitats in the vicinity of the Scheme that could support populations of wintering birds.

3 Highways Agency (1993), DMRB Volume 11, Section 4 Part 1 HD44/09 Assessment of Implications (of Highways and/or Roads Projects) on European Sites (including Appropriate Assessment)

4 CIEEM (September 2018). Guidelines for Ecological Impact Assessment in the UK and Ireland: Terrestrial, Freshwater, Coastal and Marine. Chartered Institute of Ecology and Environmental Management, Winchester.

5 The qualifying features of a site taken to be those species listed on the relevant Natura 2000 Standard Data Form for SPAs, available from http://jncc.defra.gov.uk/page-1400, and on the relevant Ramsar Information Sheet for Ramsar sites, available from http://jncc.defra.gov.uk/page-1389

6 SNH (2016) Assessing Connectivity with Special Protection Areas (SPAs). Guidance. [www.snh.gov.uk/planning-and-development/renewable-energy/onshore-wind/windfarm-impacts-on-birds-guidance] 7 Johnson, W. P., P. M. Schmidt, and D. P. Taylor. 2014. Foraging flight distances of wintering ducks and geese: a review. Avian

Conservation and Ecology 9(2): 2. 8 Lack, P., ed. 1986. The Atlas of Wintering Birds in Britain and Ireland. Poyser: Calton. 9 Shrubb, M. (2007) The Lapwing. T & AD Poyser 10 Cramp, S. and Simmons, K.E.L., eds. 1977. Handbook of the Birds of Europe, the Middle East and North Africa: the Birds of the Western Palearctic. Oxford University Press, Oxford. 11 Cook, A.S.C.P, Turner, D.J., Burton, N.H.K. and Wright, L.J. (2016) Tracking Curlew and Redshank on the Humber Estuary. BTO

Research Report No. 688

http://jncc.defra.gov.uk/page-1400http://jncc.defra.gov.uk/page-1389



Biological Records

D.2.6 Records of notable12 and legally protected species of birds were requested from KMBRC (as supplied by the Kent Ornithological Society) from within 1 km of the Scheme boundary in November 2018, based on current best practice guidance13.

D.2.7 The National Biodiversity Network (NBN) Atlas14 was also searched in November 2018 for records of qualifying features of relevant Natura 2000 sites present during the winter period (October to March inclusive). This was extended to within 2 km of the Scheme boundary in order to provide an indication of the use of the surrounding area by these species.

D.2.8 Species of principal importance for the conservation of biodiversity listed under Section 41 of the Natural Environment & Rural Communities Act (NERC) 200615, the Red and Amber lists of Birds of Conservation Concern 4 (BoCC)16, Annex I of the Directive 2009/147/EC (the Birds Directive)17 and the Kent Local Biodiversity Action Plan (LBAP)18 were reviewed as part of the data gathering exercise to identify relevant bird species considered to be important for biodiversity at the site. The Kent Bird Report19 was reviewed to ascertain the population status of species within the county.

Field Survey

Defining the Survey Area

D.2.9 Extended Phase 1 habitat surveys were undertaken within and adjacent to the Scheme during 2015, 2016 and 2017 by WSP, and during 2018 by Atkins. These surveys appraised the habitats present for their suitability to support wintering birds and informed the scope of the wintering bird surveys.

D.2.10 The locations with the greatest potential to support notable wintering bird species, such as wildfowl and waders, were considered to be semi-improved grassland and arable land. Other habitats present that could support wintering bird species include semi-natural broadleaved woodland (including ancient woodland), broad-leaved and mixed plantation woodland, scrub, hedgerows and built-up areas.

D.2.11 The Survey Area and transect route were designed to ensure that the assessment considered all potential impacts on all species present in the area, within which an impact may occur, i.e. the Ecological Zone of Influence (EZoI),

12 Notable species are taken as principal species for the conservation of biodiversity listed under Section 41 of the Natural Environment and Rural Communities Act 2006; those on the Red and Amber lists of Birds of Conservation Concern 4 (BoCC); species listed on

Annex I of the Directive 2009/147/EC (the Birds Directive); qualifying species of relevant SPAs and Ramsar sites and species listed under the Kent Local Biodiversity Action Plan. 13 CIEEM (2017) Guidelines for Preliminary Ecological Appraisal, 2nd edition. Chartered Institute of Ecology and Environmental

Management, Winchester. 14 https://nbnatlas.org/ 15 Section 40 of the NERC Act 2006 sets out the duty for public authorities to conserve biodiversity in England. Habitats and species of

principal importance for the conservation of biodiversity as identified by the Secretary of State for England, in consultation with Natural England, are referred to in Section 41 of the NERC Act 2006 for England. The list of habitats and species was updated in 2008 and is known as the England Biodiversity List. 16 Eaton MA, Aebischer NJ, Brown AF, Hearn RD, Lock L, Musgrove AJ, Noble DG, Stroud DA and Gregory RD (2015) Birds of Conservation Concern 4: the population status of birds in the United Kingdom, Channel Islands and Isle of Man. British Birds 108, 708–746. Available at: britishbirds.co.uk/wp-content/uploads/2014/07/BoCC4.pdf 17 http://ec.europa.eu/environment/nature/conservation/wildbirds/threatened/index_en.htm 18 Kent Biodiversity Action Plan Steering Group (1997) The Kent Biodiversity Action Plan: A framework for the future of Kent’s wildlife. Available at: https://www.medway.gov.uk/downloads/file/279/kent_biodiversity_action_plan 19 Kent Ornithological Society (2018) Kent Bird Report 2016.



as well as those impacts which could occur within the footprint of the Scheme. The extent of the Survey Area utilised also took any potential design changes to the Scheme into account.

D.2.12 The EZoI was considered to be 100 m for the majority of species, although this was extended to 300 m for any wildfowl and wader species present in the Survey Area and deemed to be susceptible to disturbance at greater distances20. As such, the wintering bird Survey Area comprised all areas within the Scheme boundary and up to 300 m of the Scheme where access allowed.

Wintering Bird Survey Method

D.2.13 The field survey method used for the wintering bird survey is based on the Common Bird Census (CBC) methodology in Gilbert et al. (1998)21 and Bibby et al. (2000)22. Standard British Trust for Ornithology (BTO) species codes23 and activity symbols were used to record birds and to denote their activity (including feeding, loafing, roosting and in flight), sex and age where appropriate. These were recorded on field maps and were later digitised for analysis.

D.2.14 The surveyor walked a transect route largely following PRoWs and existing hedgerows/ field margins (to avoid walking over and damaging winter-sown crops) where possible, whilst ensuring comprehensive survey coverage.

D.2.15 The surveyor, with the aid of binoculars, recorded all observations of birds by either sight or sound by walking through the Survey Area at a slow and steady pace. The positions of the recorded birds were plotted as accurately as possible (to the nearest 10 - 20 m) on a suitably scaled base map, i.e. a ‘visit map’.

D.2.16 Observations of birds located immediately outside of the wintering bird Survey Area were also recorded to ensure that any such species that are in proximity to the Survey Area (in particular scarce species), and therefore may be impacted by the Scheme, can be assessed.

D.2.17 The direction in which the transect route was walked was varied between visits to optimise detection and minimise recording bias. The start and end point were always the same. The survey visits were not undertaken in unfavourable conditions, such as heavy rain, poor visibility and strong winds, that would negatively affect the results.

D.2.18 Three survey visits were carried out, which was considered proportionate for a relatively localised road improvement Scheme, allowing sufficient observations of birds to produce clusters of registrations and minimising the risk of overlooking scarce and/ or notable species.

D.2.19 The first and third walked transects commenced 10 to 15 minutes prior to sunrise to coincide with peak bird activity in the morning, and the second transect was undertaken during the period leading up to sunset when crepuscular species such as barn owl or roosting waders maybe recorded within the Survey Area.

20 Generic guidelines at present are precautionary for consenting requirements and employ an approach distance to 300 m for water

birds (as taken from Cutts, N. Hemingway, K and Spencer, J. (2013) Waterbird Disturbance Mitigation Toolkit Informing Estuarine Planning & Construction Projects. Institute of Estuarine & Coastal Studies (IECS) University of Hull). As such, it is considered that 300 m is an appropriate EZoI for all wildfowl and wader species that may be present. 21 Gilbert, G., Gibbon, D.W. and Evans J. (1998). Bird Monitoring Methods: A Manual of Techniques for Key UK Species. Royal Society for the Protection of Birds, The Lodge, Sandy, Bedfordshire. 22 Bibby C.J. Burgess, N.D. Hill D.A. Mustoe S. and Lambton S. (2000). Bird Census Techniques. Academic Press London 23 BTO (2009) BTO Species Codes. BTO, Thetford



Dates of survey visits are shown in Table D.1, along with weather conditions encountered on each visit.

Table D.1: Survey dates/ times and weather conditions

Date Start / end time

Sunrise/ sunset

Temperature (oC)

Cloud (%)

Wind (speed and direction)

Rain

20/01/2019 07:36/10:05

07:51/16:26 0-1 10 None None

10/02/2019 14:10/16:29

07.21/17.03 6 10-100 33 kph NW Short shower

21/02/2019 06:50/09:25

07.00/17.23 6-9 100 20 kph SW None

D.2.20 The surveys were undertaken by an experienced ornithologist with over 20 years of professional bird survey and assessment experience.

D.3 Assessment

D.3.1 The data captured during the three survey visits were analysed to provide an estimate of the notable species present within the relevant EZoI and their distribution.

Defining Important Bird Species

D.3.2 For the purpose of this assessment, notable bird species are defined as those which are either listed as species of principal importance for the conservation of biodiversity in England15; species on the Red or Amber list of the BoCC16; species listed on Annex I of Directive 2009/147/EC (the Birds Directive)17; qualifying species of relevant SPAs and Ramsar sites (i.e. those within 20 km which have wildfowl and waders are a qualifying features); species listed on the Kent Biodiversity Action Plan18 and include those listed on Schedule 1 of the Wildlife and Countryside Act 1981 (as amended)24.

Determination of Bird Community Importance

D.3.3 The importance of the notable wintering bird population in relation to the Scheme was assessed and defined in a geographical context. The frame of reference for notable populations of wintering birds in terms of their nature conservation importance in a geographical context has been determined in-line with guidance set out in Interim Advice Note (IAN) 130/1025 provided in Chapter 7 Section 5 of the Environmental Statement.

Limitations

D.3.4 An absence of desk study records for a particular species does not necessarily convey an absence of such species in that area but is often a facet of under-recording and/ or reporting to the relevant local environmental records centre.

24 https://www.legislation.gov.uk/ukpga/1981/69/schedule/1 25 Highways Agency (2010) Interim Advice Note 130/10 Ecology and Nature Conservation: Criteria for Impact Assessment. Available at:

http://www.standardsforhighways.co.uk/ha/standards/ians/pdfs/ian130.pdf



The desk study provides an overview of the species already recorded within the Survey Area and EZoI and has been used to help inform the requirement for field surveys. As such this is not considered to be a constraint to the interpretation of the desk study records.

D.3.5 Ornithological surveys are affected by a variety of factors which affect the presence of birds such as season, weather, climate, migration patterns, food availability, species behaviour and the presence of predators. Therefore, bird surveys for this Scheme may not have produced a complete bird list and the absence of evidence of any particular species within the Survey Area (or a part of the Survey Area), should not be taken as conclusive proof that the species is not present or that it will not be present in the future.

D.3.6 The M2 and A249 were subject to a high volume of traffic towards the end of each survey visit (two for morning rush period and one for evening rush hour period) due to increases in commuter traffic volume, which resulted in significant noise pollution surrounding the road network. Birds are generally sensitive to noise pollution; therefore, it is not considered that any significant assemblages of notable species would be present in the areas of vegetation immediately surrounding the road network that were subject to the highest levels of noise pollution during the surveys.

D.3.7 The field work started in January as the need for wintering bird surveys was only identified during the Habitats Regulations Assessment (HRA) (which commenced after the start of the recognised wintering bird survey period) in order to demonstrate that coastal SPA and Ramsar sites could be scoped out of the HRA assessment. As such it is possible that certain passage and migratory species such as woodcock and waxwing may have been missed. However, due to the survey coverage and repeated visits, it is considered that species which regularly use the EZoI would have been recorded, and that the survey results comprise an accurate account of the wintering species within the EZoI.

D.3.8 Therefore, the results of these bird surveys and the subsequent assessment provide an indication of the use of the EZoI by wintering bird species during the survey period. The results can therefore be used with confidence during the analysis of potential impacts resulting from the Scheme.

D.4 Results

Desk Study

Designated Sites

D.4.1 There are eight Natura 2000 sites that are considered to potentially have functional linkage to the Scheme, i.e. the qualifying features comprise non-breeding wildfowl and waders which could potentially use habitats within or adjacent to the Site for foraging or loafing, and the sites are located within the precautionary core foraging ranges for these species (20 km) of the Scheme.

D.4.2 The eight Natura 2000 sites are: Medway Estuary and Marshes SPA and Ramsar site, The Swale SPA and Ramsar site, Thames Estuary and Marshes SPA and Ramsar site, and Benfleet and Southend Marshes SPA and Ramsar site. Further details of these sites are provided in Table D.2 and Table D.3.



Table D.2: Relevant SPAs within 20 km of the Scheme and associated qualifying features

SPA Name Medway Estuary and Marshes26

The Swale27 Thames Estuary and Marshes28

Benfleet and Southend Marshes29

Approximate Distance from Scheme

4.3 km 6.8 km 13.4 km 19.5 km

Qualifying features (designated for non-breeding populations only unless otherwise stated)

Article 4.130

Avocet (breeding and non-breeding)

Little tern (breeding only)

Common tern31 (breeding only)

Bewick’s swan31

Article 4.232

Dark-bellied brent goose

Dunlin

Knot

Pintail

Grey plover

Redshank

Ringed plover

Shelduck

Black-tailed godwit33

Curlew33

Greenshank33

Oystercatcher33

Shoveler33

Teal33

Turnstone33

Wigeon33

Waterfowl assemblage (species as listed under Article 4.2 plus avocet, Bewick’s swan, cormorant, great crested grebe,

Article 4.2


Dunlin

Redshank31

Waterfowl assemblage (species as listed under Article 4.2 plus redshank, ringed plover, oystercatcher, teal, curlew, gadwall, grey plover)

Breeding bird assemblage

Article 4.1

Avocet

Hen harrier

Article 4.2

Black-tailed godwit

Dunlin

Grey plover

Knot

Redshank

Ringed plover

Waterfowl assemblage (species as listed under Article 4.2 except ringed plover – plus avocet)

Article 4.2


Dunlin

Grey plover

Knot

Ringed plover

Waterfowl assemblage (species as listed under Article 4.2)

26 http://jncc.defra.gov.uk/PDF/SPA/UK9012031.pdf 27 http://jncc.defra.gov.uk/PDF/SPA/UK9012011.pdf 28 http://jncc.defra.gov.uk/pdf/SPA/UK9012021.pdf 29 http://jncc.defra.gov.uk/pdf/SPA/UK9009171.pdf 30 A site qualifies under Article 4.1 of EC Directive 79/409/EEC by supporting populations of European importance of species listed on

Annex I of the Directive. 31 Only listed on the Standard Data Form and not the Natural England Conservation Objectives (2019) as the relevant site population count was less than 1% of the GB breeding population 32 A site qualifies under Article 4.2 of EC Directive 79/409/EEC by supporting populations of European importance of regularly occurring migratory species or by regularly supporting at least 20,000 waterfowl 33 Only listed on the Standard Data Form and not the Natural England Conservation Objectives (2019) as the relevant site population

does not meet the criteria required to be classified as a JNCC defined international population (wintering)



SPA Name Medway Estuary and Marshes26



lapwing, mallard, pochard, red-throated diver)

Breeding bird assemblage

Table D.3: Relevant Ramsar sites within 20 km of the Scheme and

associated qualifying features

Ramsar site Name

Medway Estuary and Marshes34



Approximate Distance from Scheme

4.3 km 6.8 km 13.4 km 19.5 km

Qualifying features (designated for non-breeding populations only unless otherwise stated)

Ramsar criterion 538

Species with peak counts in winter: waterfowl

Ramsar criterion 639


Dunlin

Grey plover

Knot

Pintail

Redshank

Ringed plover

Shelduck

Ramsar criterion 5


Ramsar criterion 6


Grey plover

Redshank

Ramsar criterion 5


Ramsar criterion 6

Black-tailed godwit

Dunlin

Grey plover

Knot

Redshank

Ringed plover

Ramsar criterion 5


Ramsar criterion 6


Grey plover

Knot

D.4.3 There are no statutory designated sites within 2 km of the Scheme.

D.4.4 There are four non-statutory designated sites within 2 km of the Scheme. This comprises two Local Wildlife Sites (LWS) i.e. Squirrel Wood, Stockbury Valley LWS and Stockbury Wood LWS located approximately 1.6 km south and 2 km south west respectively; and two Roadside Nature Reserves located approximately 0.7 km and 1.4 km south west.

D.4.5 Nine ancient woodland sites listed in the Ancient Woodland Inventory (AWI)40 are present within 2 km of the Scheme, which includes two sites (Church Wood and

34 http://jncc.defra.gov.uk/pdf/RIS/UK11040.pdf 35 http://jncc.defra.gov.uk/pdf/RIS/UK11071.pdf 36 http://jncc.defra.gov.uk/pdf/RIS/UK11069.pdf 37 http://jncc.defra.gov.uk/pdf/RIS/UK11006.pdf 38 A wetland is considered internationally important under Ramsar criterion 5 of the Ramsar Convention by supporting assemblages of international importance. 39 A wetland is considered internationally important under Ramsar criterion 6 under the Ramsar Convention by supporting species/ populations occurring at levels of international importance. 40 Natural England Open Data (2018) Ancient Woodlands (England). Available at: https://naturalengland-

defra.opendata.arcgis.com/datasets/ancient-woodlands-england



Chestnut Wood) within 100 m of the Scheme. However, these sites are relatively small and are disturbed by their proximity to the M2 motorway.

Important habitats for wintering bird species

D.4.6 Important habitats present within the Survey Area including poor semi-improved grassland and arable land provide suitable foraging and roosting habitat to support notable wintering bird species including wildfowl and waders. Other habitats present including semi-natural broadleaved woodland (including ancient woodland), broad-leaved and mixed plantation woodland, scrub, hedgerows and built-up areas could support an assemblage of notable and common wintering bird species such as brambling, redwing and fieldfare.

Biological Records

D.4.7 The data provided by KMBRC consisted of recent records41 of 59 bird species within 1 km of the Scheme, which comprised records of 41 named species dated within the non-breeding season (i.e. August to March)42.Twenty one of the 41 species are notable, including nine Red List species, five Amber List species, seven Section 41 species, two Annex 1 species and ten species noted as key bird species in the Kent Local Biodiversity Action Plan18.

D.4.8 One of the 41 species (lapwing) is part of the waterbird assemblage qualifying feature of Medway Estuary and Marshes SPA26. The closest record of this species is approximately 90 m to the east of the Scheme at Oad Street.

D.4.9 The NBN Atlas contained five recent records (i.e. since 2009) of one relevant SPA/ Ramsar site qualifying feature (lapwing) located within 2 km of the Scheme. The closest record is located approximately 350 m south east of the Scheme, east of Hillside Farm.

D.4.10 The Kent Local Biodiversity Action Plan comprises one species action plan (for a breeding species, i.e. nightingale), and habitat action plans which contain 89 associated key bird species, i.e. important species that are associated with one or more of the habitats. This comprises:

• 35 ‘notables’, i.e. species which rely upon the habitat;

• 12 ‘retrievables’, i.e. species formerly in association with the habitat but which have recently become extinct, or are on the verge of extinction, and which could be re-established if correct conditions were created; and

• 42 ‘standard bearers/ quality indicator species’ (and four additional groups of species, i.e. waders and wildfowl, ‘all woodpeckers’, owls and seabirds). These are species that are expected to be present in most good examples of the habitat.

D.4.11 The full list of these species is provided in Appendix B.

D.4.12 The habitat action plans refer to wintering bird species (albeit not necessarily key species) i.e. wintering and passage waterfowl and waders – brent geese, wigeon and Bewick's swan (lowland farmland); wintering and passage migrant birds –

41 Recent records are those dated within the last 10 years 42 The records also included ‘Redpoll species’, which is considered likely to be either lesser redpoll which is BoCC Red listed and a species of principal importance, or common redpoll which is BoCC Amber listed. Arctic redpoll are scarce migrants in Kent with only

eight records of this species since 1977 (taken from Kent Ornithological Society (2018) Kent Bird Report 2016).



hen harrier and wigeon (grazing marsh); wintering pochard and tufted duck (standing water); wintering waders and wildfowl – avocet, bar-tailed godwit, black-tailed godwit, brent goose, curlew, dunlin, knot, oystercatcher pintail, ringed plover, sanderling and wigeon (intertidal mud and sand flats), roosting waders – bar-tailed godwit, black tailed godwit, curlew, dunlin, knot, oystercatcher, ringed plover and sanderling (saltmarsh); and red-throated diver (marine habitats).

Field Survey

Survey Area

D.4.13 A total of 44 species were recorded within the full wintering bird Survey Area. The full survey species list and their breeding and conservation status are provided in Appendix C.

D.4.14 The species recorded comprises eight species on the Red List and seven species on the Amber List of the BoCC16. Seven species are species of principal importance for the conservation of biodiversity in England15 (these species are also classified as either BoCC Red or Amber list species). Five species listed under Schedule 1 of the Wildlife and Countryside Act 1981 (as amended)24 were also recorded.

D.4.15 Ten species are listed on the Kent Biodiversity Action Plan18 which includes one ‘notable’ species (peregrine) and nine species are listed as ‘standard bearers/quality indicator species’ respectively. None of the wintering bird species referred to in the habitat action plans were recorded during the three survey visits.

D.4.16 Two Annex 1 species (Mediterranean gull and peregrine) were recorded. No qualifying species of a SPA/ Ramsar site designated for non-breeding populations of wildfowl or waders within 20 km were recorded during the survey.

D.4.17 Golden plover was the only wader species recorded (no wildfowl were recorded) during the survey visits. This species was recorded on one occasion (visit 1 on 20th January 2019), which comprised a flock of 16 individuals flying directly overhead and as such they were not considered to be using habitats within the Survey Area.

D.4.18 All notable species recorded, along with legal protection and conservation status, peak count and number of visits during which they were recorded are set out in Table D.4 below.

EZoI

D.4.19 Thirty-nine species were recorded within the 100 m EZoI of which 18 are notable (see Table D.4).

D.4.20 This comprises seven species on the Red List and seven species on the Amber List of the BoCC16. Seven species are species of principal importance for the conservation of biodiversity in England15 (these species are also classified as either BoCC Red or Amber list species). Eight species are listed on the Kent Biodiversity Action Plan as ‘standard bearers/quality indicator species’18. One



Annex 1 species17 and three Schedule 1 species24 were also recorded within the 100 m EZoI.

D.4.21 The results of the wintering bird surveys showing the locations of all species are provided on Appendix D Figures 1 to 3.

Table D.4: Notable species recorded within the Survey Area

Species Legal/ conservation status43 Peak count

No. of visits recorded

Record within relevant EZoI

Bullfinch Amber List BoCC, SPI, KBAP(s)

6 2 Yes

Black-headed gull Amber List BoCC, KBAP(s) 4 2 Yes

Brambling Schedule 1 1 1 No

Common gull Amber List BoCC 15 2 Yes

Dunnock Amber List BoCC, SPI 12 3 Yes

Fieldfare Red List BoCC, Schedule 1 55 3 Yes

Green woodpecker KBAP(s) 3 2 Yes

Goldfinch KBAP(s) 9 3 Yes

Golden plover KBAP(s) 16 1 No

Great spotted woodpecker

KBAP(s) 1 1 Yes

Herring gull Red List BoCC, SPI 4 1 Yes

House sparrow Red List BoCC, SPI 3 3 Yes

Jackdaw KBAP(s) 406 3 Yes

Mistle thrush Red List BoCC 1 1 No

Meadow pipit Amber List BoCC 1 1 Yes

Mediterranean gull Amber List BoCC, Schedule 1, Annex 1

1 1 Yes

Peregrine Schedule 1, KBAP(n), Annex 1 1 1 No

Redwing Red List BoCC, Schedule 1 37 3 Yes

Skylark Red List BoCC, SPI 4 1 Yes

Stock dove Amber List BoCC, KBAP(s) 3 3 Yes

Starling Red List BoCC, SPI 1 3 Yes

Song thrush Red List BoCC, SPI, KBAP(s) 10 3 Yes

43 Key to abbreviations: Annex 1 – listed on Annex 1 of Directive 2009/147/EC (the Birds Directive) KBAP(n) / KBAP(s) – Kent Biodiversity Action Plan species (notable) / (standard bearers/quality indicator species)

Red list / Amber list – Red or Amber listed on the Birds of Conservation Concern Schedule 1 – listed on Schedule 1 of the Wildlife and Countryside Act 1981 (as amended) SPI – Species of principal importance for the conservation of biodiversity in England under Section 41 of the NERC Act 2006



Description of Bird Assemblages

D.4.22 The assemblage of wintering birds is considered to be largely typical of agricultural areas, woodland and scrub and built-up areas within Kent.

D.4.23 The presence of agricultural habitats such as arable fields, hedgerows and improved grassland within the Survey Area has resulted in the recording of associated notable species including bullfinch, meadow pipit, skylark, stock dove, wintering thrushes and gulls.

D.4.24 Notable species associated with semi-natural broadleaved woodland include great spotted woodpecker, green woodpecker, mistle thrush and song thrush; and those associated with built-up areas include house sparrow, jackdaw and starling.

D.5 Evaluation

D.5.1 None of the species recorded during the survey have a county population status that is rare or scarce19; and the species recorded within the 100 m EZoI do not meet any of the published selection criteria for Kent Wildlife Sites44. As such the wintering bird assemblage within the EZoI is not considered to be of county or unitary authority area importance.

D.5.2 The only qualifying species of a relevant Natura 2000 site (i.e. within 20 km of the Scheme and designated for wintering populations of wildfowl and waders) recorded within the vicinity of the Scheme during winter is lapwing (two KMBRC records from 2013 and five NBN records since 2009). Due to this species not being record during the wintering bird survey and that only a very small number of records of this species are located within 2 km of the Scheme (of which only one is within the 300 m EZoI), it is considered that the habitats within the EZoI do not provide a role in maintaining the SPA populations and therefore are not functionally linked to any SPAs or Ramsar sites.

D.5.3 Areas of habitat and populations/ communities of species considered to appreciably enrich the habitat resource within the local context, which includes features of value for migration, are present within the EZoI; i.e. the resources that support over-wintering species (such as brambling, redwing and fieldfare), as well as the over-wintering bird communities themselves that have been recorded within the EZoI. The assemblage of wintering bird species is therefore considered to be of local value in accordance with IAN 130/1025.

D.6 Conclusion

D.6.1 A total of 44 species of birds were recorded within the full wintering bird Survey Area, 22 of which are notable.

D.6.2 Thirty-nine species were recorded within the 100 m EZoI, of which 18 are notable. This comprises seven species on both the Red and Amber List of BoCC16. Seven species are species of principal importance for the conservation of biodiversity in England15. Eight species are listed on the Kent Biodiversity Action Plan as standard bearers/quality indicator species18 and three species are

44 Kent Wildlife Trust (2015) Local Wildlife Sites in Kent (Formerly Sites of Nature Conservation Interest). Criteria for Select ion and Delineation. Kent Nature Partnership. Available at https://www.kentwildlifetrust.org.uk/sites/default/files/2018-

07/Local_Wildlife_Sites_in_Kent-Selection%26Delineation_v1.5_Oct2015.pdf



listed under Schedule 1 of the Wildlife and Countryside Act 1981 (as amended). One species listed on Annex 1 of the Birds Directive17 was also recorded.

D.6.3 No qualifying species of a relevant SPA/ Ramsar site were recorded during the survey. A total of seven recent records (i.e. since 2009) of lapwing within the vicinity of the Scheme were identified during the desk study; only one of which was within the relevant EZoI (300 m). As such it is considered that the habitats within the EZoI are not functionally linked to any SPAs or Ramsar sites.

D.6.4 The bird communities recorded are considered typical for the habitats present within the EZoI, and the majority of species recorded are considered to be common and widespread in Kent. It is also considered that the numbers of individuals of common species present are generally what could be expected for an area of this size, in this part of the country19.

D.6.5 However, certain habitats, such as arable land, semi-improved grassland, semi-natural broadleaved woodland (including areas of ancient woodland), scrub and built-up areas are present within the Scheme boundary and provide foraging and loafing resources for assemblages of notable species.

D.6.6 The wintering bird assemblage within the EZoI is considered to be of local importance due to the populations/ communities of passage and over-wintering species present and the presence of habitats that support these species.

Appendices

M2 Junction 5 ImprovementsEnvironmental StatementVolume 2 - Appendix D.8 Wintering Bird Survey Report


Appendix A. Summary of Relevant legislation

Summary of Relevant Ecological Legislation in England

Species Legislation Offences Licensing procedures and guidance

Birds Wildlife and Countryside Act 1981 (as amended) S.1

Intentionally kill, injure or take any wild bird;

No licences are available to disturb any birds in regard to development.

General licences are available in respect of ‘pest species’ but only for certain very specific purposes e.g. public health, public safety, air safety.

Guidance documents:

NE Standing Advice for protected species 2013

Habitats & Species

Legislation Guidance

Species and Habitats of Principal Importance for the Conservation of Biodiversity

Natural Environment & Rural Communities Act 2006 S.40

S.40 of the NERC Act 2006 sets out the duty for public authorities to conserve biodiversity in England.

Habitats and species of principal importance for the conservation of biodiversity are identified by the Secretary of State for England, in consultation with Natural England, are referred to in S.41 of the NERC Act for England. The list, known as the ‘England Biodiversity List’, of habitats and species can be found on the Natural England web site.

The ‘England Biodiversity List’ is used as a guide for decision makers such as public bodies, including local and regional authorities, in implementing their duty under Section 40 of the NERC Act 2006 to have regard to the conservation of biodiversity in England when carrying out their normal functions.

Ecological impact assessments should include an assessment of the likely impacts to these habitats and species.

Biodiversity Action Plan (BAP) Habitats & Species

No specific legislation, unless it is also a species or habitat of principal importance as described above.

The Biodiversity Action Plan (BAP) is the UK's initiative to maintain and enhance biodiversity in response to the Convention on Biological Diversity signed in 1992.

The UK BAP was used to draw up the ‘England Biodiversity List’ and has been succeeded by the UK Post-2010 Biodiversity Framework in 2012, due to a change in government strategy by all UK countries, focussing on managing the environment as a whole rather than dealing with different aspects of biodiversity and environment separately. However, the UK BAP list of priority habitats and species continue to be regarded as conservation priorities in the UK Post-2010 Biodiversity Framework (JNCC & Defra 2012).



Appendix B. Kent Local Biodiversity

Action Plan Species

Notable species

Species Associated habitat

Avocet Grazing marsh, intertidal mud and sand flats

Bearded tit Reedbeds

Bewick's swan Lowland farmland

Bittern Reedbeds

Brent goose Lowland farmland, intertidal mud and sand flats

Bullfinch Old orchards

Cetti's warbler Reedbeds

Common tern Saltmarsh

Crossbill Woodland and scrub

Firecrest Woodland and scrub

Fulmar Maritime cliffs

Goshawk Woodland and scrub

Great crested grebe Standing water

Grey partridge Hedgerows

Grey plover Intertidal mud and sand flats

Hawfinch Woodland and scrub

Hen harrier Reedbeds

Hobby Woodland and scrub, hedgerows

House martin Maritime cliffs

Kingfisher Rivers and streams

Kittiwake Maritime cliffs

Little tern Saltmarsh

Marsh harrier Grazing marsh, reedbeds

Mediterranean gull Saltmarsh

Nightjar Woodland and scrub, heathland and mire

Peregrine Maritime cliffs

Pochard Standing water

Redshank Saltmarsh

Redstart Woodland and scrub

Sand martin Maritime cliffs

Savi's warbler Reedbeds

Snipe Grazing marsh




Tufted duck Standing water

Wigeon Lowland farmland

Wood warbler Woodland and scrub

Retrievable species


Bittern Reedbeds

Chough Maritime cliffs

Cirl bunting Lowland farmland

Dartford warbler Heathland and mire, vegetated shingle

Kentish plover Vegetated shingle

Little tern Vegetated shingle

Osprey Standing water

Peregrine Maritime cliffs

Quail Lowland farmland

Stone curlew Heathland and mire, vegetated shingle

Woodlark Heathland and mire

Wryneck Old orchards

Standard bearers/ quality indicator species


Barn owl Lowland farmland

Bar-tailed godwit Intertidal mud and sand flats, saltmarsh

Black-tailed godwit Intertidal mud and sand flats, saltmarsh

Bullfinch Lowland farmland

Corn bunting Lowland farmland

Curlew Intertidal mud and sand flats, saltmarsh

Dunlin Intertidal mud and sand flats, saltmarsh

Goldfinch Lowland farmland

Grey partridge Lowland farmland

Hen harrier Grazing marsh

House martin Urban habitats

Jackdaw Lowland wood-pasture and historic parkland

Knot Intertidal mud and sand flats, saltmarsh

Lapwing Lowland farmland, grazing marsh

Lesser spotted woodpecker Woodland and scrub

Linnet Hedgerows, lowland farmland

Long-eared owl Woodland and scrub




Nightingale Woodland and scrub

Nuthatch Lowland wood-pasture and historic parkland

Oystercatcher Intertidal mud and sand flats, saltmarsh

Pintail Intertidal mud and sand flats

Pochard Grazing marsh

Redshank Grazing marsh

Red-throated diver Marine habitats

Reed bunting Lowland farmland, reedbeds

Reed warbler Reedbeds

Ringed plover Intertidal mud and sand flats, saltmarsh

Sanderling Intertidal mud and sand flats, saltmarsh

Sedge warbler Reedbeds

Skylark Lowland farmland

Song thrush Lowland farmland

Stock dove Lowland wood-pasture and historic parkland

Stonechat Heathland and mire

Swift Urban habitats

Teal Grazing marsh

Tree pipit Woodland and scrub

Treecreeper Lowland wood-pasture and historic parkland

Turtle dove Lowland farmland

Water rail Reedbeds

Whitethroat Hedgerows

Wigeon Grazing marsh

Yellowhammer Hedgerows

Waders and wildfowl Standing water

Owls Old orchards

Seabirds Marine habitats

Woodpeckers Old orchards



Appendix C. Survey area species list and peak counts

BTO Code

Common Name Scientific Name Notable Status45 Peak Count

Recorded within EZoI

B. Blackbird Turdus merula 13 Yes

BF Bullfinch Pyrrhula pyrrhula Amber List BoCC, SPI, KBAP(s) 6 Yes

BH Black-headed gull Chroicocephalus ridibundus Amber List BoCC, KBAP(s) 4 Yes

BL Brambling Fringilla montifringilla Schedule 1 1 No

BT Blue tit Cyanistes caeruleuscar 21 Yes

BZ Buzzard Buteo buteo 7 Yes

C. Carrion crow Corvus corone 3 Yes

CD Collared dove Streptopelia decaocto 5 Yes

CH Chaffinch Fringilla coelebs 72 Yes

CM Common gull Larus canus Amber List BoCC 15 Yes

CT Coal tit Periparus ater 1 Yes

D. Dunnock Prunella modularis Amber List BoCC, SPI 12 Yes

FF Fieldfare Turdus pilaris Red List BoCC, Schedule 1 55 Yes

G. Green woodpecker Picus viridis KBAP(s) 3 Yes

GC Goldcrest Regulus regulus 5 Yes

GO Goldfinch Carduelis carduelis KBAP(s) 9 Yes

GP Golden plover Pluvialis apricaria KBAP(s) 16 No

45 Key to abbreviations:

Annex 1 – listed on Annex 1 of Directive 2009/147/EC (the Birds Directive) KBAP(n) / KBAP(s) – Kent Biodiversity Action Plan species (notable) / (standard bearers/quality indicator species) Red list / Amber list – Red or Amber listed on the Birds of Conservation Concern 4

Schedule 1 – listed on Schedule 1 of the Wildlife and Countryside Act 1981 (as amended) SPI – Species of principal importance for the conservation of biodiversity in England under Section 41 of the NERC Act 2006



BTO Code



GR Greenfinch Carduelis chloris 2 Yes

GS Great spotted woodpecker Dendrocopos major KBAP(s) 1 Yes

GT Great tit Parus major 23 Yes

HG Herring gull Larus argentatus Red List BoCC, SPI 4 Yes

HS House sparrow Passer domesticus Red List BoCC, SPI 3 Yes

J. Jay Garrulus glandarius 2 Yes

JD Jackdaw Corvus monedula KBAP(s) 406 Yes

LT Long-tailed tit Aegithalos caudatus 4 Yes

M. Mistle thrush Turdus viscivorus Red List BoCC 1 No

MG Magpie Pica pica 6 Yes

MP Meadow pipit Anthus pratensis Amber List BoCC 1 Yes

MU Mediterranean gull Larus melanocephalus Amber List BoCC, Schedule 1, Annex 1 1 Yes

PE Peregrine Falco peregrinus Schedule 1, KBAP(n), Annex 1 1 No

PH Pheasant Phasianus colchicus 6 Yes

PW Pied wagtail Motacilla alba 1 Yes

R. Robin Erithacus rubecula 16 Yes

RE Redwing Turdus iliacus Red List BoCC, Schedule 1 37 Yes

RL Red-legged partridge Alectoris rufa 2 No

RN Raven Corvus corax 2 Yes

RO Rook Corvus frugilegus 442 Yes

S. Skylark Alauda arvensis Red List BoCC, SPI, 4 Yes

SD Stock dove Columba oenas Amber List BoCC, KBAP(s) 3 Yes

SG Starling Sturnus vulgaris Red List BoCC, SPI 1 Yes



BTO Code



SH Sparrowhawk Accipiter nisus 2 Yes

ST Song thrush Turdus philomelos Red List BoCC, SPI, KBAP(s) 10 Yes

WP Wood pigeon Columba palumbus 1666 Yes

WR Wren Troglodytes troglodytes 13 Yes



Appendix D. Figures

Figure 1: Wintering Bird Survey Visit 1 20.01.2019



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SAFET Y , HEAL T H AND ENV IRONMENT AL INFORMAT ION

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© Crown copyright (2019). You may re-use this information (not including logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence: visit www.nationalarchives.gov.uk/doc/open-government-licence/ write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email [email protected]. Printed on paper from well-managed forests and other controlled sources. Registered office Bridge House, 1 Walnut Tree Close, Guildford GU1 4LZ Highways England Company Limited registered in England and Wales number 09346363

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