durmast land at warminster extended phase 1

Transcription

DURMAST LAND AT WARMINSTER
EXTENDED PHASE 1 HABITAT SURVEY
A Report to GreenSquare Group Ltd.
Middlemarch Environmental Ltd
Triumph House
Birmingham Road
Allesley
Coventry
CV5 9AZ
Tel: 01676 525880
Fax: 01676 521400
E-Mail: admin@middlemarch-environmental.com
Web Site: www.middlemarch-environmental.com
Report Number: RT-MME-109615
November 2011
Durmast Land at Warminster
Extended Phase 1 Habitat Survey
RT-MME-109615
DURMAST LAND AT WARMINSTER
CONTROLLED COPY
01 OF 02
01 GREENSQUARE GROUP LTD
02 MIDDLEMARCH ENVIRONMENTAL LTD
This report was compiled by:
Anna Dudley MIEEM
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.
Contract Number C109615
November 2011
Middlemarch Environmental Ltd.
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EXECUTIVE SUMMARY
Middlemarch Environmental Ltd was commissioned by GreenSquare Group Ltd to carry out an initial
ecological appraisal at the site of a proposed development of land owned by Durmast Ltd, off Grovelands
Way in Warminster. To fulfil this brief an ecological desk study and Extended Phase 1 Habitat Survey were
undertaken.
The ecological desk study identified the presence of four nature conservation sites within 1 km of the study
site, including Coldharbour Meadows County Wildlife Site, which is located within the survey boundary. In
addition records for a number of notable and protected species, including birds, amphibians, badger, bats,
hedgehogs, reptiles, invertebrates and plants, were provided by the desk study.
The Extended Phase 1 Habitat Survey was undertaken on 19th and 27th September 2011 by Anna Dudley,
Senior Ecological Consultant. The site comprised an irregularly-shaped area of land on the north-western
edge of Warminster. The surveyed area was approximately 12 ha in size with a central National Grid
Reference of ST 863 453. Four small streams flowed either through, or along the boundaries of the site.
The site had a predominantly flat topography and was split into roughly two distinct habitat types. The land to
the south and east of the site had been left as part of a Section 52 Agreement associated with the
Grovelands Way residential development. This area appeared to have been subject to little in the way of
recent habitat management and was dominated by tall herb communities with scattered trees and scrub. It is
understood that a balancing pond had been created within this area, however the banks of this pond were
shallow and it did not appear to hold water throughout the year. The area to the north and west of the site
was dominated by grassy fields separated by either unmanaged hedgerows or fences. Some of the fields
had been recently returned to agriculture (silage) whilst one resembled a marshy grassland habitat.
As the exact nature of the development has not been finalised, the impact of the proposed works on the
habitats and species present on site cannot be predicted.
In order to ensure compliance with wildlife legislation and relevant planning policy, the following
recommendations are made with regards to potential impacts upon habitats:
• Proposals should be designed to avoid and protect ecological notable habitats.
• Trees, hedgerows and watercourses should be protected during the works to the appropriate
national standard.
• An Ecological Protection and Enhancement Plan may be required to ensure that the development
does not adversely impact on the ecology of the local area both during the works, and in the longterm.
Surveys and / or appropriate working methods and timing have been recommended for the following species
and species groups: birds, amphibians, reptiles, badger, bats, water voles, other terrestrial mammals,
invertebrates and plants.
All recommendations made are dependent on the final design of the proposed development and are subject
to change once full details of the proposals are received. Once the final design has been completed all
recommendations should be reviewed.
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CONTENTS
1.
INTRODUCTION........................................................................................................................................ 4
1.1
1.2
2.
METHODOLOGIES ................................................................................................................................... 5
2.1
2.2
3.
INTRODUCTION .................................................................................................................................... 9
SURVEY CONSTRAINTS ........................................................................................................................ 9
HABITATS ............................................................................................................................................ 9
FAUNA .............................................................................................................................................. 18
DISCUSSIONS AND CONCLUSIONS .................................................................................................... 19
5.1
5.2
5.3
6.
INTRODUCTION .................................................................................................................................... 6
NATURE CONSERVATION SITES ............................................................................................................ 6
PROTECTED SPECIES .......................................................................................................................... 6
EXTENDED PHASE 1 HABITAT SURVEY .............................................................................................. 9
4.1
4.2
4.3
4.4
5.
DESK STUDY ....................................................................................................................................... 5
EXTENDED PHASE 1 HABITAT SURVEY.................................................................................................. 5
DESK STUDY RESULTS .......................................................................................................................... 6
3.1
3.2
3.3
4.
PROJECT BACKGROUND....................................................................................................................... 4
SITE DESCRIPTION............................................................................................................................... 4
NATURE CONSERVATION SITES .......................................................................................................... 19
HABITATS .......................................................................................................................................... 19
PROTECTED/NOTABLE SPECIES ......................................................................................................... 21
RECOMMENDATIONS ........................................................................................................................... 25
6.1
6.2
6.3
NATURE CONSERVATION SITES .......................................................................................................... 25
HABITATS .......................................................................................................................................... 25
PROTECTED / NOTABLE SPECIES ........................................................................................................ 26
REFERENCES AND BIBLIOGRAPHY............................................................................................................ 28
APPENDICES .................................................................................................................................................. 29
APPENDIX 1 ................................................................................................................................................ 30
APPENDIX 2 ................................................................................................................................................ 47
APPENDIX 3 ................................................................................................................................................ 50
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1.
INTRODUCTION
1.1
PROJECT BACKGROUND
RT-MME-109615
In September 2011 GreenSquare Group Ltd. commissioned Middlemarch Environmental Ltd to undertake an
initial ecological appraisal of the site of a proposed development at the Durmast Land at Warminster. It is
understood that a new housing development is proposed for the site, however the number of houses and the
footprint of the scheme are as yet unknown.
To fulfil the above brief to assess the existing ecological interest of the site, a desk study and an Extended
th
th
Phase 1 Habitat Survey were undertaken on 19 and 27 September 2011.
1.2
SITE DESCRIPTION
The site comprised an irregularly-shaped area of land on the north-western edge of Warminster. The
surveyed area was approximately 12 ha in size with a central National Grid Reference of ST 863 453. Four
small streams flowed either through, or along the boundaries of the site. The site had a predominantly flat
topography and was split into roughly two distinct habitat types. The land to the south and east of the site
had been left as part of a Section 52 Agreement associated with the Grovelands Way residential
development. This area appeared to have been subject to little in the way of recent habitat management and
was dominated by tall herb communities with scattered trees and scrub. It is understood that a balancing
pond had been created within this area, however the banks of this pond were shallow and it did not appear to
hold water throughout the year. The area to the north and west of the site was dominated by grassy fields
separated by either unmanaged hedgerows or fences. Some of the fields had been recently returned to
agriculture (silage) whilst one resembled a marshy grassland habitat.
The site is bordered by Grovelands Way to the south, with a residential development beyond. Arable fields,
surrounded by hedgerows, were present to the north and west of the site, whilst sports playing fields were
present to the east.
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2.
METHODOLOGIES
2.1
DESK STUDY
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A desk study was undertaken to determine the presence of any designated nature conservation sites and
protected species that have been recorded within a 1 km radius of the site boundary. 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;
•
Wiltshire and Swindon Biological Records Centre; and,
•
National Biodiversity Network Gateway website.
The data collected from these consultees is discussed in Section 3. Raw data are provided in Appendix 1.
2.2
An Extended Phase 1 Habitat Survey was conducted following the methodology of the Joint Nature
Conservation Committee (JNCC, 1993) as modified by 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. Data recorded during the field survey is discussed in Section 4.
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.
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3.
DESK STUDY RESULTS
3.1
INTRODUCTION
All relevant ecological data provided by the consultees was reviewed and the results from these
investigations are summarised below in Sections 3.2 and 3.3. The full data are provided in Appendix 1.
NATURE CONSERVATION SITES
3.2
Reference to the Multi Agency Geographical Information for the Countryside (MAGIC) website and the local
biodiversity information indicate that no nature conservation sites with statutory protection and four nature
conservation sites with non-statutory protection occur within a 1 km radius of the survey area. These sites
are summarised in Table 3.1.
Site Name
Designation
Proximity to Survey
Area
Description
Coldharbour Meadows
CWS*
Part of survey area
Fen, marsh and swamp (7.58 ha).
Norridge Wood
CWS
500m north-west
Ancient woodland (122.8 ha).
Smallbrook Meadows WWT
Reserve
CWS
800m south-east
Neutral grassland (20.49 ha)
Warminster Verge
PRV; CWS
900 m east
No information given (1.31 ha)
Key:
CWS: County Wildlife Site
PRV: Protected Road Verges
* It is understood that the designation of Coldharbour Meadows is currently under review following this survey.
Table 3.1: Summary of Nature Conservation Sites
3.3
PROTECTED SPECIES
Table 3.2 provides a summary of protected 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.
Records of notable species, including those listed on the UK and local Biodiversity Action Plan are discussed in
the text below the table.
Species
No. of
Records
Most
Recent
Record
Proximity of
Nearest Record
to Study Area
UK
BAP?
Local
BAP?
NERC
S.41
List?
Legislation /
Conservation
Status
1
1997
On site
-
-
-
WCA1i
3
2005
On site
-
-
-
WCA1i
1
1997
On site
-
-
-
WCA1i
3
2004
625 m southwest
-
-
-
WCA 5 S9(5)
Birds
Hobby
Falco subbuteo
Kingfisher
Alcedo atthis
Peregrine falcon
Falco peregrinus
Herpetofauna
Common frog
Rana temporaria
Table 3.2 (continues): Summary of Protected/Notable Species Records within 1 km Radius of Study Site
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Species
No. of
Records
RT-MME-109615
Most
Recent
Record
Proximity of
Nearest Record
to Study Area
UK
BAP?
Local
BAP?
NERC
S.41
List?
Legislation /
Conservation
Status
WCA 5 S9(1)
WCA 5 S9(5)
WCA 5 S9(1)
WCA 5 S9(5)
WCA 5 S9(1)
WCA 5 S9(5)
Common lizard
9
9
1
2009
220m south
Zootoca vivipara
Grass snake
9
9
6
2009
On site
Natrix natrix
Slow-worm
9
9
1
2007
860m north east
Anguis fragilis
Invertebrates
Marsh fritillary
Potentially within
9
9
3
1997
WCA5
1 km**
Euphydryas aurinia
Mammals
Badger
Potentially within
13
2010
WCA 6, PBA
1 km**
Meles meles
Brandt’s bat
Potentially within
ECH 4
9
1
1996
1 km**
WCA 5, WCA 6
Myotis brandtii
ECH 4
Brown long-eared bat
Potentially within
9
9
9
1
1973
WCA 5, WCA 6
1 km**
Plecotus auritus
Chiroptera (bat species
Potentially within
9
1
1991
*
*
*
unknown)
1 km**
Common pipistrelle bat
Potentially within
ECH 4
9
3
2008
1 km**
WCA 5, WCA 6
Pipistrellus pipistrellus
European water vole
9
9
33
2010
On site
WCA 5
Arvicola amphibius
Greater horseshoe bat
Potentially within
ECH2, ECH 4
9
9
9
2
1981
Rhinolophus
1 km**
WCA 5, WCA 6
ferrumequinum
Plecotus bat species
Potentially within
ECH 4,
1
1986
*
*
*
Plecotus sp.
1 km**
WCA 5, WCA 6
Serotine bat
Potentially within
ECH2, ECH 4
9
3
1987
1 km**
WCA 5, WCA 6
Eptesicus serotinus
West European hedgehog
Potentially within
9
9
WCA6
6
1987
1 km**
Erinaceus europaeus
Whiskered bat
Potentially within
ECH2, ECH 4,
9
1
1996
1 km**
WCA 5, WCA 6
Myotis mystacinus
Plants
Bluebell
2
2000
850 m north-east
WCA 8
Hyacinthoides non-scripta
Key:
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.
ECH 2: Annex II of the European Communities Council Directive on the Conservation of Natural Habitats and Wild
Fauna and Flora. Animal and plant species of community interest whose conservation requires the designation of
Special Areas of Conservation.
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.
PBA: Protection of Badgers Act 1992.
RLGB.Lr (NT): Red Data List, Lower Risk - Near Threatened.
Local BAP: Wiltshire Biodiversity Action Plan
* Species dependent
** Records provided as a four digit grid reference only
Table 3.2 (cont): Summary of Protected/Notable Species Records within 1 km Radius of Study Site
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The desk study also provided recorded of a number of notable species without legislative protection. These
species are discussed further below.
Birds
The desk study also revealed 21 records of bird species. The site is considered to provide suitable nesting
habitat for the following species: linnet Carduelis cannabina (RSPB Red List), yellowhammer Emberiza
citrinella (UK BAP, RSPB Red List), reed bunting E. schoeniclus (UK BAP), house sparrow Passer
domesticus (UK BAP, RSPB Red List) and song thrush Turdus philomelos (UK BAP, RSPB Red List). The
full list of species records are provided in Appendix 1.
Invertebrates
The local record centre provided records of 10 notable butterfly species and seven notable moth species.
Records of small heath butterfly were made from within the survey area.
Plants
Records of 30 notable higher plant species and one lower plant species were provided by the record centre,
of which one species, marsh willowherb Epilobium palustre, was recorded within the survey area. This plant
is notable at a county level.
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4.
4.1
INTRODUCTION
The results of the Extended Phase 1 Habitat Survey are presented in Section 4.2. An annotated Extended
Phase 1 Habitat Survey Drawing (Number C109615-01) is attached in Appendix 2. 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.
The survey was carried out on 19th and 27th September 2011 by Anna Dudley, Senior Ecological Consultant.
Table 4.1 details the weather conditions at the time of the survey.
Parameter
Condition
19/09/11
27/09/11
Temperature (ºC)
18
21
Cloud (%)
90
50
Wind
F2
F2
Nil
Nil
Precipitation
Table 4.1: Weather Conditions During Survey Period
4.2
SURVEY CONSTRAINTS
The survey was undertaken in September, which is not considered to be an optimal time for botanical survey.
However, this is not considered to be a notable constraint for a robust initial site assessment.
4.3
HABITATS
The following habitat types were recorded on site during the field survey:
•
Amenity grassland
•
Bare ground
•
Broad-leaved woodland
•
Dense scrub
•
Ditches
•
Fence
•
Hardstanding
•
Hedgerows
•
Improved grassland
•
Marshy grassland
•
Other habitat: Recently cleared ground
•
Other habitat: Tall herbs within a seasonally wet habitat
•
Poor semi-improved grassland
•
Running water and marginal vegetation
•
Scattered scrub
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•
Scattered trees
•
Semi-improved neutral grassland
•
Swamp
•
Tall ruderal vegetation
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These habitats are described below. They are ordered alphabetically, not in order of ecological importance.
Amenity grassland
A strip of amenity grassland was present along the southern boundary of the site with Grovelands Way. A
further area was present around a children’s play area. These areas of grass were regularly cut with a short,
species-poor sward. Grass species dominated this habitat and included perennial ryegrass Lolium perenne
and cock’s-foot Dactylis glomerata. Forb species were occasionally recorded within the sward and included
daisy Bellis perennis, dandelion Taraxacum officinale agg. and dove’s-foot crane’s-bill Geranium molle.
Within the play area were a variety of play equipment including a brick feature which incorporated a
basketball hoop and climbing wall (Target Note 1). This climbing wall was surrounded by a small area of
rubber safety surface.
Bare ground
A pathway of bare soil lead eastwards from the gravel car parking area and lead east and northwards around
the edge of the site. Due to the regularly disturbed nature of this habitat it was devoid of vegetation.
Narrow strips of habitat, dominated by young willow Salix sp. trees were present along Stream 4 along the
southern site boundary, and further areas were present along Stream 1, which formed the northern site
boundary.
The areas along Stream 1 were dominated by young willow. The understorey within these areas were limited
to occasional hawthorn Crataegus monogyna and hazel Corylus avellana plants. Ground flora within this
habitat included hairy brome Bromus ramosus, red campion Silene dioica and ivy Hedera helix.
Along Stream 4, the canopy was formed by young willow and pedunculate oak Quercus robur, with
occasional alder Alnus glutinosa. The ground flora for this area varied with dense bramble Rubus fruticosus
agg. and rose Rosa sp. recorded in places. The ground flora was often limited but species present included
ivy and nettle Urtica dioica.
Dense scrub
Dense scrub was recorded in several parts of the site and often seemed to be extensions of the adjacent
hedgerows, where a lack of management led to the scrub encroaching into the field.
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Dense blackthorn Prunus spinosa scrub was present along a section of Stream 1 (Target Note 2). This
feature was generally over 5 m wide and it is thought likely that this scrub formed after the hedgerow along
Stream 1 became unmanaged and overgrown. Dog’s mercury Mercurialis perennis, ivy, hedge woundwort
Stachys sylvatica and wood false-brome Brachypodium sylvaticum were noted growing beneath the scrub.
Occasional standard mature willow and pedunculate oak were recorded along the stream bank, growing out
of the scrub.
To the east of the above described area was a further area of dense blackthorn scrub and an area dominated
by willow and hawthorn.
Ditches
Dry ditches were recorded at the bases of a number of hedgerows. The flora within these ditches were those
of the adjacent habitats, and are described within the hedgerow section where different. A number of dry
ditches were recorded bisecting the fields, representing old field drains. Most were shallow and contained
species similar to those within the rest of the field. A dry ditch to the western end of the northern-most field
(Target Note 3) was found to contain meadowsweet Filipendula ulmaria, sedge Carex sp. and bramble.
Fence
Fences formed a number of field boundaries where hedgerows were absent. A fence also demarcated the
children’s play area. Fences were of a variety of types including post and wire and post and rail. Many of
these fences were in poor condition and had been breached by people, utilising the gaps as ways to enter
the fields. These fences were predominantly clear of vegetation.
Hardstanding
A small gravel car park, with associated access track off Grovelands Way, was present in the south-eastern
part of the site. Several short tarmac paths provided access onto the site from Grovelands Way. This habitat
was devoid of vegetation.
Hedgerows
Hedgerows, both intact and defunct, marked many of the field boundaries within the survey area. The
majority of these hedgerows had not been subject to recent management and in places the shrub species
from the hedge were encroaching into the adjacent field. These hedgerows are numbered on the drawing a
described further below.
• H1: This species-poor intact hedgerow was unmanaged and reached a height of 4 – 5 m, and was 2 – 3
m wide. Woody species recorded within the hedgerow included blackthorn, English elm Ulmus procera,
hawthorn, hazel, rose Rosa sp. and spindle Euonymus europaeus. At the base nettle, hairy brome and
species from the adjacent habitats were recorded. Some English elm (both alive and dead) was
recorded encroaching into the field.
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• H2: This species-poor intact hedgerow contained two standard pedunculate oak trees. The hedgerow
was unmanaged and up to 6 m high and several metres wide, again encroaching into the adjacent field.
Blackthorn, elder Sambucus nigra and crab apple Malus sylvestris were recorded within this hedgerow.
• H3: This species-poor hedgerow contained standard pedunculate oak, ash Fraxinus excelsior and
willow. The trees were predominantly in good condition, however one oak (Target Note 4) had a
number of broken branches and peeling bark. The hedgerow was unmanaged with blackthorn
encroaching into the field. The hedgerow was predominantly intact however a number of small gaps
were starting to form. Species recorded included rose, hawthorn, blackthorn, willow and English elm
(including dead specimens). A brash pile and dilapidated den-like structure were present at the eastern
end of the hedgerow, which was wider and fairly overgrown (Target Note 5).
• H4: This species-poor defunct hedgerow contained two large gaps, probably utilised as field entrances.
This hedgerow appeared to have been subject to some management in the last few years and was
between 2 – 4 m high. Blackthorn, willow and bramble were recorded in the hedgerow with the
blackthorn encroaching into the field. A large sedge species Carex sp. was recorded at the base of the
hedge.
• H5: This unmanaged species-poor hedgerow with standard ash trees, was between 2 m and 5 m high.
This blackthorn dominated hedgerow, with occasional rose, was wide and encroaching into the adjacent
field in places. A brash pile was recorded at the base of this hedgerow (Target Note 6).
• H6: An unmanaged species-poor hedgerow with standard ash and pedunculate oak trees, grew up to 4
m high. Blackthorn, hawthorn and crab apple were recorded within the hedge, with the blackthorn
encroaching into the adjacent fields.
• H7: This species-poor unmanaged hedgerow was defunct with numerous gaps recorded between
shrubs. This hedgerow reached a height of 4 m. Species recorded included hazel, hawthorn, willow,
bramble and dead elm.
• H8: This unmanaged hedge was defunct and more resembled a line of shrubs, reaching between 4 m
and 6 m high. Species present included crab apple, cultivated apple Malus pumila, hawthorn,
blackthorn and pedunculate oak. Ivy and bramble were recorded growing through the hedgerow.
• H9: This unmanaged hedgerow was similar to H8, reaching a height of between 4 m and 6 m. Species
present included hawthorn and blackthorn.
• H10: This unmanaged species-poor hedgerow was dominated by willow, with a single standard
pedunculate oak. The hedgerow, between 4 m and 6 m tall, was beginning to grow into individual
shrubs and had developed a number of gaps.
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• H11: This species-poor hedgerow was becoming defunct, developing many small gaps. Standard
pedunculate oak and ash were present within the hedge. Scrub species included spindle, hawthorn and
crab apple. A small wooded area was present directly to the south of this hedgerow. A ditch was
present at the base of this hedgerow, the eastern end of which contained water (c. 5 cm) at the time of
survey and fool’s watercress Apium nodiflorum was present, indicating that this part of the ditch contains
water for much of the year.
• H12: This unmanaged species-poor hedgerow reached a height of approximately 4 m. The hedge was
intact and included hawthorn, blackthorn and crab apple. A single standard ash was present towards
the northern end of this hedgeline. A dense covering of hedge bindweed Calystegia sepium was
present in places along the hedgerow.
• H13: This species-poor hedgerow was unmanaged to a height of 4 m and included standard ash trees.
This hedge was up to 4 m high and beginning to develop gaps. Species recorded within the hedge
included blackthorn, elder, field maple Acer campestre, ash, hawthorn and willow. Blackthorn from the
hedge was beginning to encroach in to the adjacent field.
• H14: This species-poor hedgerow grew on the southern bank of Stream 1, along only the western part of
the stream’s length. This hedge was becoming gappy in places. Standard pedunculate oak and pine
species Pinus sp. were present along its length. This hedgerow was obscured by areas of dense willow,
hawthorn and blackthorn scrub which encroached into the field.
Improved grassland
A number of the fields present within the survey area had been recently reseeded with Italian ryegrass
Lolium multiflorum, and were managed under a regular silage cut. At the time of survey the areas had not
been recently cut and the sward length was approximately 20 – 30 cm. Other species recorded within the
fields included timothy Phleum pratense, cock’s foot, creeping buttercup Ranunculus repens and clover
Trifolium sp. Whilst the sward was dominated by Italian ryegrass, occasional species such as
meadowsweet, creeping thistle Cirsium arvense, angelica Angelica sylvestris and sharp-flowered rush
Juncus acutiflorus indicated that these fields had formerly represented a less improved and potentially
marshier habitat. These species were often concentrated in depressions and former field ditches within the
fields (Target Notes 7). The remains of a fire, in a dip surrounded by large sedge species Carex sp., were
present in one of these fields (Target Note 8).
Improved grassland habitat was also found either side of a footpath / farm access track which led from
Grovelands Way to the fields (although part of this was bare ground). Common species such as perennial
ryegrass, cock’s-foot, greater plantain Plantago major and broad-leaved dock Rumex obtusifolius were
recorded.
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Marshy grassland
A large field in the south-western part of the site was dominated by marshy grassland habitat. This area had
not been recently managed and the sward was 40 – 50 cm tall. The species composition of this field varied
across the field, with meadowsweet to the east, sedge Carex sp. in the central part and grasses, such as
false oat-grass Arrhenatherum elatius, to the west. Other species recorded within this habitat included
cock’s-foot, timothy, meadow foxtail Alopecurus pratensis, sharp-flowered rush, water mint Mentha aquatica,
greater bird’s-foot trefoil Lotus pedunculatus and creeping buttercup. Occasional rye Secale cereale within
the sward towards the edges of the field indicates that this field may have at one time been cultivated. The
species composition within this area suggested that this field is damper to the south and east.
A slight ditch feature was noted along the southern edge of this field (Target Note 9). This was dry at the
time of survey, but the presence of species such as sweet-grass species Glyceria sp., figwort species
Scrophularia sp., and brooklime Veronica beccabunga indicated that it occasionally holds water. Near to this
feature, blackthorn from the adjacent habitat was starting to encroach into the field. A pathway bisected this
field; this was a narrow strip of bare ground which appeared to have had some gravel covering placed upon
(Target Note 10).
A further small area of marshy grassland was present in the eastern corner of the northern-most field. This
area of the field had not been reseeded and contained a mosaic of meadowsweet, sedge Carex sp. and
great willowherb Epilobium hirsutum.
Other habitat: Recently cleared ground
This section of ground had been cleared within the last 12 months for some works and was now dominated
by white clover Trifolium repens with broad-leaved dock and dandelion (Target Note 18).
Other habitat: Tall herbs within a seasonally wet habitat
This habitat was located in the south-eastern part of the site and had been created to act as a balancing
pond for flood relief, however the banks were shallow and this area did not appear to hold water for the
majority of the year (Target Note 19). The ground was dry at the time of the survey, and the species present
indicated that it may contain water only sporadically. This habitat grades into the adjacent habitats as the
ground levels rise slightly.
No one species was dominant within this habitat, however the following species were frequently recorded:
angelica, sedge species Carex spp., hard rush Juncus inflexus, soft rush Juncus effusus, meadowsweet,
creeping thistle, marsh thistle Cirsium palustre, common fleabane Pulicaria dysenterica, water mint and
sharp-flowered rush. The area to the east of Stream 3 also contained occasional grass species, such as
false oat-grass and cock’s foot. A single southern marsh orchid Dactylorhiza praetermissa spike was present
to the east of Stream 3 (Target Note 11). Some fly-tipping of garden waste was also noted within this habitat
(Target Note 12).
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Unlike the above areas, the area to the north of Stream 2 contained numerous alder saplings.
A single field towards the western end of the site was considered to contain poor semi-improved grassland.
This field had been seeded with Italian ryegrass, however a range of other grass species were also
frequently recorded within the sward including common bent Agrostis capillaris, creeping bent Agrostis
stolonifera, red fescue Festuca rubra and timothy. Fewer forb species were recorded within the sward;
occasional species included meadowsweet, germander speedwell Veronica chamaedrys, creeping thistle
and bird’s foot trefoil Lotus corniculatus.
The banks at the eastern end of Stream 4 were covered with rank, unmanaged grass such as false oat-grass
and cock’s foot with nettle and occasional low bramble.
Areas of poor semi-improved grassland was present within the unmanaged area to the south-east of the
site. The first was dominated by grass species such as false oat-grass, cock’s-foot, crested dog’s-tail
Cynosurus cristatus, timothy, red fescue and bent grass Agrostis sp. Few forbs were recorded within this
area but included hard rush, hairy sedge Carex hirta, water mint, marsh thistle and self heal Prunella
vulgaris. Numerous ash and hawthorn saplings were recorded within this area.
The second area was present at the eastern extent of the site. This area was dominated by false oat-grass,
perennial ryegrass and timothy, however numerous patches of tall herb vegetation, such as great willowherb,
creeping buttercup, horsetail Equisetum sp. and broad-leaved dock, were present. A small area of this
contained species which indicated that part of this area is periodically flooded by the adjacent stream:
meadowsweet, branched bur-reed Sparganium erectum, sweet-grass species and water mint (Target Note
13).
Running water and marginal vegetation
There were four streams which criss-crossed along the boundaries and through the site. These streams are
labelled on the map as Streams 1 to 4, and are discussed as such below. Marginal vegetation is labelled on
the drawing as Target Note 21.
Stream 1
This stream formed the northern boundary of the site. The stream varied in width from 1 m to 4 m, but had
shallow banks along its entire length. The water within the channel was no deeper than 0.1 m with a slow
flow. In many places the stream could not be seen where dense scrub grew adjacent to the channel. Flow
within the stream was very slow and in places there appeared to be almost no flow. Where the stream was
shaded by the adjacent willows, scrub, wooded areas and hedgerows the channel was devoid of marginal,
emergent and aquatic vegetation. In unshaded areas, species within the channel included fool’s watercress
and branched bur-reed, and sedge species were recorded growing on the shallow banks of the stream.
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Stream 2
This stream diverged from Stream 4 at its eastern end. The banks were very shallow along its entire length.
Occasional young willows were growing on the banks of the stream. A culvert was present towards the
eastern end of the stream, where an access track crossed the stream. To the east and west of the culvert,
the channel was very overgrown by reedmace, great willowherb and sedge, and it was consequently hard to
determine the dimensions of the watercourse. Where Stream 2 flows into Stream 1 the base of the channel
had a concrete base (Target Note 14). Here water mint and fool’s watercress were dominant within the
channel.
Stream 3
This stream emerged from a culvert at its southern end, and flowed into Stream 2 at its northern end. The
channel was approximately 0.5 m wide and the water was c. 0.1 m deep. The banks were very shallow and
covered in thick bands of marginal vegetation (reedmace Typha latifolia, sedge Carex sp. and occasional
bittersweet Solanum dulcamara). The banks of this stream were not shaded.
Stream 4
This form runs along the southern boundary of the site. This was located within a channel with banks
approximately 1 m to 2 m deep, with banks at an angle of 45 degrees. Where the channel was shaded by
overhanging trees the channel was predominantly devoid of marginal, emergent or aquatic vegetation. Here
the channel was approximately 0.1 m deep and the water had a relatively slow flow. At the point where this
stream diverged and formed Stream 2, the channel was culverted for a short section and the banks were
reinforced with concrete. The channel here was full of sweet-grass species and fool’s watercress. At its
eastern extent the channel was not shaded it was choked with fool’s watercress and sedge Carex sp., with
occasional meadowsweet and soft rush. The vegetation was so dense that it was not possible to see water
within the majority of this section of the stream. At the eastern extent, this stream was culverted beneath the
access track which led to the car parking area.
Scattered scrub
Occasional scattered scrub was present around the site, predominantly within the Other Habitat: Tall herb
vegetation within a seasonally wet area habitat. Species present included hawthorn, hazel and willow.
Young willow saplings were also recorded growing within the marshy grassland area (Target Note 15).
Scattered scrub species, including bramble and blackthorn, were also recorded within a dense young tree
area to the north of Stream 2 (Target Note 20).
Scattered trees
Numerous scattered trees were recorded around the site. Along the banks of Stream 4 they were often
mature trees, including grey alder Alnus incana and weeping willow Salix x sepulcralis. A group of semimature willows Salix sp. were present in the eastern corner of the site. The majority of trees within the site
however tended to be young and included a single pedunculate oak (c. 2.5 m tall) growing in an improved
grassland field, and a dense group of young willow and ash trees to the north of Stream 2 (Target Note 20).
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The stump of a recently cut down ash tree was noted within a different improved grassland field (Target Note
16).
Semi-improved neutral grassland
A single field of semi-improved neutral grassland was recorded at the western end of the site. The sward
had not been recently cut at the time of survey and was approximately 30 cm tall. The sward was dominated
by grass species such as false oat-grass, Yorkshire fog Holcus lanatus, bent grass Agrostis sp., cock’s-foot
and meadow foxtail. A diverse range of forb species were present including marsh thistle, creeping thistle,
sedge species Carex sp., bird’s foot trefoil, sharp-flowered rush, red clover Trifolium pratense, meadowsweet
and angelica. This field appeared to be much drier than the marshy grassland field to the south, but did not
appear to have been reseeded like the fields to the east.
Swamp
An area dominated by common reed Phragmites australis, was present along the stream which formed the
northern site boundary. Other species present in this habitat included great willowherb, nettle Urtica dioica,
meadowsweet, water mint and marsh thistle. Whilst the area was dry at the time of survey, the plant species
recorded are indicative of wet conditions for at least part of the year. The common reed from this habitat was
encroaching into the adjacent field.
Tall ruderal vegetation
Large areas of tall ruderal vegetation were recorded around the site, with areas on the southern boundary
adjacent to Stream 4, encircling the Other Habitat: Tall herb vegetation with a seasonally wet area, adjacent
to a few hedgerows and a small area below a group of semi-mature willows. None of these areas appeared
to have been subject to recent management. This habitat was generally dominated by nettle, with numerous
other species recorded including broad-leaved dock, false oat-grass, creeping thistle, cock’s-foot, great
willowherb, hogweed Heracleum sphondylium, wood dock Rumex sanguineus and meadowsweet.
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FAUNA
During the field survey field signs of faunal species were noted and mapped. The time of year at which the
survey is undertaken will affect species or field signs directly recorded during the survey.
Birds
A range of bird species were recorded on site during the field survey: barn owl Tyto alba, blackbird Turdus
merula, chiffchaff Phylloscopus collybita, house sparrow Passer domesticus, magpie Pica pica, robin
Erithacus rubecula and woodpigeon Columba palumbus.
Mammals
Mustelid scat (species unknown) was recorded by a footbridge over the stream which marks the southern
edge of the survey area (Target Note 17).
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DISCUSSIONS AND CONCLUSIONS
At the time the report was written the exact details of the proposed housing development have not yet been
decided and the recommendations made below are therefore preliminary. It is however understood that not
all of the site is to be developed and some areas will be left as open green space. Once the full details of the
scheme are known, the recommendations would need to be reviewed and amended where appropriate.
5.1
European and UK Statutory Sites
No European or UK Statutory Sites were recorded within a 1 km radius of the survey area.
Non-Statutory Sites
The local record centre provided records of four County Wildlife Sites (CWS) within a 1 km radius of the
survey area.
Coldharbour Meadows CWS, which is split into two distinct sections, is located within the survey area. It is
understood that since the last site visit to designate the CWS parts of the site have significantly changed, and
that some reconsideration of the site boundaries may be required after an updated survey. The proposals
have the potential to impact upon this nature conservation site dependent on the footprint of the proposed
development and on any mitigation measures implemented. Recommendations are therefore made in
Section 6.
The remaining three sites are located 500 m or more from the site and are all separated from the proposed
development site by major roads, railways and / or residential areas. Therefore no direct impacts are
anticipated upon these nature conservation sites. It is possible that there may be indirect impacts upon these
sites resulting from the increase in the population of the town, however these impacts are considered to be
negligible.
5.2
HABITATS
At the time of writing exact details of the proposed works were not known and therefore the
recommendations below take a precautionary approach and assume that all habitats will be impacted by the
works. The recommendations made may alter once the proposed works are finalised.
The ecological importance of the habitats present on site is assessed against their presence on the UK and
Local BAPs and on Section 41 of the NERC Act and their ability to support protected or notable species.
Those habitats which meet any of these criteria and are considered likely to be impacted by the proposals
are highlighted as notable considerations. This is summarised in Table 5.1 and further discussed in the text
below.
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UK BAP?
Local
BAP?
NERC Act?
-
-
-
-
-
-
Dense scrub
-
-
-
Ditches
Fence
Hardstanding
-
-
-
Hedgerows
9
-
9
Improved grassland
Marshy grassland
Other habitat:
Recently cleared
ground
Other habitat: Tall
herbs within a
seasonally wet
habitat
Poor semiimproved grassland
Running water and
marginal vegetation
Scattered scrub
-
9#
9†
-
Is the Habitat Capable of
Supporting Protected /
Notable Species
No
No
Yes – nesting birds, foraging
bats
bats, herpetofauna
Yes - herpetofauna
No
No
Yes – birds, foraging bats,
herpetofauna
No
Notable plant species
-
-
-
No
No
-
9†
-
Yes – herpetofauna,
invertebrates, notable plants.
Yes
-
-
-
-
9†
-
-
-
-
Scattered trees
-
-
-
Semi-improved
neutral grassland
-
-
-
Swamp
-
9†
-
Habitat Type
Amenity grassland
Bare ground
Broad-leaved
woodland
Is Habitat a Notable
Consideration?
Yes – foraging terrestrial
mammals, herpetofauna
Yes- water voles, aquatic
invertebrates
Yes – nesting birds
bats
Yes – foraging terrestrial
mammals, notable plants
Yes – nesting birds,
herpetofauna
Yes – herpetofauna,
invertebrates
Tall ruderal
vegetation
Key:
# Listed under the Farmland Habitats local HAP
† Listed under the Rivers, Streams and Associated Habitats local HAP
No
No
Yes
Yes
Yes
No
No
Yes
No
Yes
No
Yes
Yes
Yes
Yes
Yes
Yes
Table 5.1: Summary of Ecological Importance of Habitats on Site
The following habitats on site are considered to be notable: hedgerows, marshy grassland, other habitat: tall
herb within a seasonally wet habitat, running water and marginal vegetation, swamp. These are further
discussed below:
•
Hedgerows: Hedgerows are listed as a priority habitat on the UK BAP. This habitat is fairly frequent
within the local area, however if any removal of these features is required this may adversely impact
upon the local ecology.
•
Marshy grassland: This habitat is included within the Rivers, Streams and Associated Habitats local
HAP. The loss of this habitat may therefore adversely impact upon the local ecology.
•
Other habitat: tall herb within a seasonally wet habitat: This habitat is included within the Rivers,
Streams and Associated Habitats local HAP. The loss of this habitat may therefore adversely impact
upon the local ecology
•
Running water and marginal vegetation: This habitat is included within the Rivers, Streams and
Associated Habitats local HAP. Any impacts upon this habitat may therefore adversely impact upon
the local ecology
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Swamp: This habitat is included within the Rivers, Streams and Associated Habitats local HAP. The
loss of this habitat may therefore adversely impact upon the local ecology
If any of these areas are to be lost to facilitate the development then it may adversely impact upon the
ecology of the local area without appropriate mitigation. The impacts are dependent on the final footprint of
the works. Recommendations regarding habitats described above are made in Section 6.
Whilst the improved grassland habitat falls within the Farmland Habitats local HAP, the improved grassland
within the site is not considered to be a notable consideration. This is due to the low diversity of species
present, the common nature of this habitat within the local area and also because of the ease with which this
habitat could be recreated.
The remaining habitats (broad-leaved woodland, dense scrub, ditches, poor semi-improved grassland,
scattered scrub, scattered trees, tall ruderal vegetation) are only considered to be notable considerations due
to their potential to support protected or notable species. This is further discussed in Section 5.3 below.
The following habitats are not considered to be notable considerations due to the low floral diversity, high
frequency within the local area and the fact that they can be easily replaced post-development: amenity
grassland, bare ground, fence, hardstanding and other habitat: recently cleared ground.
5.3
PROTECTED/NOTABLE SPECIES
The text below summarises which species are notable considerations for any development of the survey
area.
Birds
The local record centre provided records of several bird species, several of which were made from the survey
area, including records of three bird species (hobby, kingfisher and peregrine falcon) protected under the
Wildlife and Countryside Act 1981 as amended. The site has mature trees which may provide suitable
nesting locations for hobby. Whilst the survey area provides suitable foraging habitat for kingfisher and
peregrine falcons, the site is not considered to provide suitable nesting habitat for either species (kingfishers
utilise high vertical earth river banks, whilst peregrine falcons generally utilise cliffs or built structures).
The record centre also provided records of several notable species and a range of species including barn owl
were recorded during the field survey. No trees with features suitable for use by nesting barn owls were
recorded during the field survey. The scrub, hedgerows and trees on site may provide suitable nesting
habitat for a variety of bird species. If large areas of suitable bird nesting habitat are lost, then this may
adversely impact upon the local bird populations, unless appropriate mitigation is implemented.
Recommendations are therefore made in Section 6.
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Herpetofauna
Amphibians
Records of common frogs were provided by the local records centre. Common frogs are protected against
sale only. The record centre provided no records of great crested newts Triturus cristatus within a 1 km
radius of the survey area. The nearest great crested newt data held by the National Biodiversity Network
related to two locations in excess of 3 km to the north of the survey area, in proximity to the settlements of
Westbury Leigh and Dilton Marsh. No dates are provided for these records. It is therefore considered
unlikely that great crested newts are present on site.
The site supported no permanent standing water features and therefore is considered to be sub-optimal for
use by breeding amphibians. The site does however provide suitable habitat for amphibians during their
terrestrial phase. Any works undertaken within the survey boundary thus have the potential to adversely
impact upon the local amphibian population and recommendations are made in Section 6.
Reptiles
Records for three reptiles species, common lizard, grass snake and slow worm, were identified by the desk
study with the records of grass snake being made from the survey area. Habitats including dense scrub,
hedgerows, marshy grassland, running water and tall ruderal vegetation provide suitable foraging and
hibernation habitats for reptiles. Brash piles recorded within the hedgerows may also provide suitable refugia
for reptile species. The site is considered to provide suitable habitat for reptiles and it is therefore considered
that this development may adversely impact upon these species if appropriate mitigation measures are not
implemented. Recommendations are therefore made in Section 6.
Invertebrates
The record centre provided records for several invertebrate species including records of marsh fritillary and
small heath butterfly. The site provides suitable nectar species for marsh fritillary, however no larval food
plants were recorded during the field survey. As a Phase 1 survey does not comprise a detailed botanical
survey and it is possible that the larval food plants are present on site. Records of small heath butterfly were
made within the survey area and the plants recorded were considered to provide suitable habitat for a wide
range of invertebrate species. The final development layout and design will determine the impact of the
impact on the invertebrate population of the local area. Recommendations are therefore made in Section 6.
Mammals
Badger
The desk study identified 13 records of badger. The records were provided as four-figure grid references so
it was not possible to determine the proximity of these records to site. No signs of badger (such as setts,
latrines and foraging activity) were recorded during the field survey. The site has a predominantly flat
topography and the presence of four streams which flow through the site may mean that much of the site is
prone to flooding, which reduces the suitability of the site for badgers to build setts. The site does however
provide suitable foraging habitat for this species. If present within the immediate vicinity of the proposed
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development, then it may adversely impact upon badgers if undertaken without appropriate care.
Bats
Records for at least six bat species were provided by the desk study, however the records were provided as
four-figure grid references and therefore it was not possible to determine the distance of these records from
the survey area. A single tree (Target Note 4) was recorded with some features which may provide suitable
roosting locations, however these features were limited in extent. The site however provides suitable
foraging and commuting habitat for a variety of bat species. Any development within the site may therefore
adversely impact upon the local bat population without suitable mitigation and development design.
Hedgehog
The desk study identified six records of hedgehog, however the records were provided as four-figure grid
references and therefore it was not possible to determine the distance of these records from the survey area.
The site provides a mosaic of habitats which are suitable for use by hedgehogs and this species may be
adversely impact if not given appropriate consideration within the development design. Recommendations
are therefore made in Section 6.
Water vole
The local record centre provided numerous records for water vole within a 1 km radius of the survey area.
The most recent records were made in 2010 and records were also provided for watercourses within the site.
Four watercourses are present within the survey area, however the banks of the watercourses were
predominantly shallow and thus unsuitable for water voles to create burrows. The dense stands of marginal
and emergent vegetation within many of the streams provide suitable foraging resources and cover for this
species. The eastern end of Stream 4 was considered to provide suitable banks for burrowing and also
foraging resources. Areas of the site are therefore considered to provide suitable habitat for this species and
if works are to be undertaken on, or in close proximity to these watercourses there is potential that this
development may negatively impact upon this species.
Plants
The desk study identified records of one protected plant species, bluebell, and a number of locally notable
plant species including marsh willowherb which had been recorded within the survey area. None of the
species on the desk study were identified during the field survey, however a Phase 1 survey does not
comprise a detailed botanical survey and it is possible that some species are present on site, especially
marsh willowherb which had been previously recorded there. Parts of the site, especially those to the south
and east were quite botanically diverse and included a number of Key Plant Species from the Wiltshire Site
Selection Criteria (Appendix 1) including southern marsh orchid. The final development layout and design
will determine the impact of the impact on the flora of the local area. Recommendations are therefore made
in Section 6.
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A summary of legislation relevant to the ecology of the site is included in Appendix 3.
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RECOMMENDATIONS
All recommendations made below are subject to change once the finalised details of the proposed works are
finalised. Once the extent of the proposed development is known all recommendations should be reviewed.
6.1
Discussions should be undertaken with the Wiltshire Wildlife Trust and Local Planning Authority regarding the
current status of Coldharbour Meadows and whether it is appropriate to redefine the boundaries of this site.
This will impact the final layout of the proposed development. It is recommended that the development is
situated to avoid the areas designated as wildlife site as far as possible. Discussions with the Wiltshire
Wildlife Trust and Local Planning Authority should also include a consideration of how the proposed
development may be planned to minimise or remove any adverse impacts of the proposed development on
this site.
6.2
HABITATS
The following recommendations are made regarding the habitats present on site:
•
Ecological Protection and Enhancement Plan: Due to the presence of a large number of
ecologically valuable habitats within the site boundary, if the proposed development (once finalised) is
considered to have a large adverse impact upon the survey area then an Ecological Protection and
Enhancement Plan should be developed for the site. This is in accordance with the provision of
Planning Policy Statement 9 (Biodiversity & Geological Conservation) and Local Planning Policy. The
requirement for, and scope of, this plan is dependent upon the final design of the development.
It may be appropriate to include a habitat / species enhancement scheme into the development
landscaping to maximise the ecological value of the site. This could involve, for example, the planting
of native seed/fruit bearing species which will be of value to wildlife, dense scrub planting and nest box
strategies to provide bird nesting habitat, or the enhancement of existing habitats to increase their
ecological value for both flora and fauna. It is also recommended that the site is designed to ensure
that connectivity is maintained within the wider landscape and where possible to ensure that animals,
such as hedgehogs, are not excluded from the actual development, as gardens may provide suitable
foraging for a variety of faunal.
•
BAP Habitats: A large proportion of the site contains habitats which are listed on the UK or local BAPs
as habitats of conservation significance. Where possible, the design of this development should aim to
avoid these parts of the site, and instead develop the ecologically less important areas. If it is not
feasible to avoid all parts of these habitats, it is recommended that, where possible, this habitat is
recreated elsewhere within the site.
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Trees & Hedgerows: Any trees and/or hedgerows on site, or overhanging the site, which are not to be
removed as a part of any proposed works should be protected in accordance with British Standard
"Trees in relation to construction - Recommendations" BS5837:2005. Protection should be installed on
site prior to the commencement of any works on site.
•
Streams: All works should be undertaken in accordance with best practice, e.g. the Environment
Agency’s Pollution Prevention Guidelines, to ensure that the watercourses within the survey area are
not adversely impacted by the proposed works. It is recommended that the Environment Agency is
consulted regarding the development to discuss suitable mitigation measures and working practices.
PROTECTED / NOTABLE SPECIES
6.3
The following recommendations are made regarding protected species that are potentially present on site:
•
Nesting Birds: To ensure compliance with the Wildlife and Countryside Act 1981 (as amended),
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. If this
is not possible then any vegetation that is 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.
•
Reptiles: To ensure compliance with the Wildlife and Countryside Act 1981 (as amended), a reptile
survey of suitable habitats within the proposed development site should be undertaken. Reptile
surveys can be completed in suitable weather conditions between April and September (inclusive).
•
Badgers: At present it is not considered that badgers are utilising the site, however badgers are
known to frequently build new setts and colonise new areas. If the works do not commence on site
within two years of the date of this survey, then it is recommended that a badger survey is
undertaken of the proposed development area and its immediate surroundings prior to the
commencement of the works to determine whether the status of badgers on site has changed.
•
Terrestrial Mammals including Badger and Hedgehog: Any excavations that need to be left
overnight should be covered or fitted with mammal ramps to ensure that any animals that enter can
safely escape.
•
Bats: To ensure compliance with Habitats Regulations 2010 and Wildlife and Countryside Act 1981
(as amended), a foraging bat survey should be undertaken to determine bat use of the site.
Foraging bat surveys can be completed in suitable weather conditions between April and September
(inclusive), with ideal surveys times being May and June.
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Although no trees had features suitable for use by bats during the survey, this will change over time.
If no works commence within two years of the date of this survey, then an updated survey should be
undertaken of the trees.
•
Water vole: To ensure compliance with the Wildlife and Countryside Act 1981 (as amended), a
water vole survey should be undertaken of all watercourses in the survey area. This survey should
include up to 300 m upstream and downstream of the proposed works area where access is
possible. Water vole surveys can be completed between March and October inclusive.
•
Amphibians, Invertebrates, Terrestrial Mammals and Plants: It is recommended that the
development is designed to avoid the more ecological sensitive parts of the site, such as those listed
as UK or local BAP habitats. Depending on the final footprint of the development, additional survey
work, appropriate mitigation measures or site enhancement may be required to reduce or remove the
potential for negative impacts of the development on these species groups.
6.4
Validity of the Report
This report is valid for a period of two years from the date of the survey. After this time, an updated survey
should be undertaken to determine how the site has changed in the intervening period.
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REFERENCES AND BIBLIOGRAPHY
IEA. (1995). Guidelines for Baseline Ecological Assessment, Institute of Environmental Assessment. E&FN
Spon, An Imprint of Chapman and Hall. London.
JNCC, (1993). Handbook for Phase 1 Habitat Survey: A technique for environmental audit (reprint). Joint
Nature Conservation Committee, Peterborough.
Planning Policy Statement 9: Biodiversity and Geological Conservation. (2005). Available:
http://www.communities.gov.uk/publications/planningandbuilding/planningpolicystatement12
UK Biodiversity Partnership. (no date). UK Biodiversity Action Plan. Available: http://www.ukbap.org.uk
Wiltshire Wildlife Trust. (2008). Wiltshire Biodiversity Action Plan. Available:
http://biodiversitywiltshire.org.uk/WiltshireBAP/Default.aspx
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APPENDICES
APPENDIX 1:
Desk Study Data
APPENDIX 2:
Middlemarch Environmental Ltd Drawing C109615-01
APPENDIX 3:
Overview of Relevant Legislation
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APPENDIX 1
Desk Study Data
Page 30
RT-MME-109615
Site Check Report
Report generated on September 21 2011.
You clicked on the point:
Grid Ref: ST863453
Full Grid Ref: 386300 , 145300
The following features have been found within 1,300 metres of your search point:
Counties, Metropolitan Districts and Unitary Authorities (GB)
Name
Geographic Level
WILTSHIRE COUNTY
NUTS1 - Government Office Regions (GB)
Name
Reference
SOUTH WEST UKK
Hotlink
http://www.statistics.gov.uk/geography/nuts_sw.asp
Ancient Woodland (England)
Grid Reference
Wood Name
Theme ID
Theme Name
st859458
NORRIDGE WOOD 1110194
ANCIENT REPLANTED WOODLAND
st852459
ANCIENT REPLANTED WOODLAND
st853455
ANCIENT & SEMI-NATURAL WOODLAND
st851455
ANCIENT & SEMI-NATURAL WOODLAND
National Inventory of Woodland and Trees (England)
Feature type
Reference date Update type
BROADLEAVED 310397
CONIFEROUS
310397
BROADLEAVED 310397
Local Nature Reserves (England)
There are no features within your search area.
National Nature Reserves (England)
Ramsar Sites (England)
Special Protection Areas (England)
Special Areas of Conservation (England)
Sites of Special Scientific Interest (England)
Important Bird Areas (England)
Areas of Outstanding Natural Beauty (England)
Traditional Orchards - Provisional (England)
Site
Number
WILT0394
Habitat
TRADITIONAL
ORCHARD
Priority Qualifier
PRIORITY TRADITIONAL ORCHARD HABITAT MAY BE PRESENT BUT EVIDENCE IS EITHER
INSUFFICIENT TO DETERMINE PRESENCE CONFIDENTLY OR IS IN THE OLDEST ALLOWABLE
CATEGORY
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Appendix 1 - Key Plant Species
Ancient Woodland
Trees and Shrubs
Field maple
Hornbeam
Midland hawthorn
Spurge laurel
Alder buckthorn
Holly
Crab apple
Aspen
Wild cherry
Sessile oak
Black currant
Field rose
Wild service tree
Small-leaved lime
Wych elm
Guelder rose
Other plants (ground flora)
Moschatel
Ramsons
Wood anemone
Columbine
Hard fern
Hairy brome
Wood small-reed
Nettle-leaved bellflower
Smooth-stalked sedge
Pale sedge
Pendulous sedge
Remote sedge
Thin-spiked wood sedge
Wood sedge
White helleborine
Climbing corydalis
Opposite-leaved golden saxifrage
Meadow saffon
Pignut
Lily-of-the-valley
Small teasel
Narrow buckler-fern
Scaly male-fern
Bearded couch
Broad-leaved helleborine
Narrow-lipped helleborine
Wood horsetail
Wood spurge
Giant fescue
Sweet woodruff
Water avens
Green hellebore
Creeping soft-grass
Bluebell
Tutsan
Slender St.John’s wort
Stinking iris
Yellow archangel
Narrow-leaved everlasting pea
Southern wood-rush
Hairy wood-rush
Great wood-rush
Yellow pimpernel
Common cow-wheat
Wood melick
Wood millet
Three-veined sandwort
Wild daffodil
Bird’s nest orchid
Early purple orchid
Lemon-scented fern
Wood sorrel
Herb paris
Hart’s tongue
Greater butterfly orchid
Wood meadow grass
Solomon’s seal
Polypody
Hard shield-fern
Soft shield-fern
Barren strawberry
Primrose
Lungwort
Goldilocks buttercup
Butcher’s broom
Sanicle
Wood club-rush
Common figwort
Orpine
Saw-wort
Golden rod
Betony
Black bryony
Bilberry
Wood speedwell
Bush vetch
Wood vetch
Marsh violet
Early dog-violet
Neutral and Acid
Grasslands
(including wet/damp
examples)
Grasses
Silver hair-grass
Early hair-grass
Sweet vernal grass
Quaking grass
Meadow brome
Crested dog’s-tail
Heath grass
Meadow fescue
Meadow barley
Yellow oat grass
Toothwort
Bitter vetch
Other plants
Sneezewort
Bugle
Bog pimpernel
Heather
Lady’s mantle
Marsh marigold
Lady’s smock
sedges, except Hairy sedge
which is a rapid coloniser
Common knapweed
Common centaury
Meadow thistle
Meadow saffron
Pignut
orchids of the Dactylorhiza
genus - includes common
spotted, heath spotted,
southern marsh and hybrids
Common spike-rush
Slender spike-rush
Marsh willowherb
Hoary willowherb
Marsh horsetail
Bell heather
Cross-leaved heath
Eyebright
Heath bedstraw
Lady’s bedstraw
Dyer’s greenweed
Meadow crane’s-bill
Water avens
Marsh pennywort
Slender St.John’s wort
Yellow iris
Bristle club-rush
Bulbous rush
Heath rush
Grass vetchling
Meadow vetchling
Rough hawkbit
Lesser hawkbit
Ox-eye daisy
Common toadflax
Bird’s-foot trefoil
Greater bird’s-foot trefoil
Field woodrush
Heath woodrush
Ragged robin
Creeping jenny
Changing forget-me-not
Tubular water dropwort
Parsley water dropwort
Corky-fruited water dropwort
Spiny restharrow
Adder’s tongue
Green-winged orchid
Bird’s-foot
Lousewort
Marsh lousewort
Burnet-saxifrage
Common milkwort
Tormentil
Barren strawberry
Cowslip
Bulbous buttercup
Lesser spearwort
Yellow rattle
Great burnet
Skullcap
Marsh ragwort
Saw-wort
Pepper saxifrage
Betony
Marsh woundwort
Devil’s bit scabious
Common meadow-rue
Strawberry clover
Zig-zag clover
Marsh arrow-grass
Marsh valerian
Heath speedwell
Calcareous Grassland
(chalk and limestone)
Grasses
Meadow oat-grass
Downy oat-grass
Tor grass
Upright brome
Quaking grass
Sheep’s fescue
Crested hair grass
Other plants
Pyramidal orchid
Kidney vetch
Tower mustard
Squinancywort
Yellow-wort
Clustered bell-flower
Harebell
Spring sedge
Glaucous sedge
Dwarf sedge
Carline thistle
Dwarf thistle
Frog orchid
Common spotted orchid
Eyebright
Dropwort
Lady’s bedstraw
Dyer’s greenweed
Autumn gentian
Early gentian
Fragrant orchid
Common rock-rose
Mouse-ear hawkweed
Horseshoe vetch
Ploughman’s spikernard
Field scabious
Rough hawkbit
Ox-eye daisy
Fairy flax
Common twayblade
Bird’s-foot trefoil
Sainfoin
Common restharrow
Adder’s tongue
Bee orchid
Early purple orchid
Majoram
Round-headed rampion
Hawkweed oxtongue
Burnet saxifrage
Hoary plantain
Lesser butterfly orchid
Greater butterfly orchid
Chalk milkwort
Common milkwort
Cowslip
Yellow rattle
Salad burnet
Meadow saxifrage
Small scabious
Field fleawort
Saw-wort
Devil’s bit scabious
Bastard toadflax
Wild thyme
Large thyme
Hairy violet
Wetland/Aquatic Habitats
Narrow-leaved water-plantain
Lesser water-parsnip
Nodding bur-marigold
Trifid bur-marigold
Flowering rush
all Water-starworts (Callitriche spp.)
Marsh marigold
Rigid hornwort
Opposite-leaved golden
saxifrage
Greater tussock-sedge
Brown sedge
Remote sedge
Lesser pond sedge
Greater pond sedge
Cyperus sedge
Bottle sedge
Slender tufted sedge
Round-leaved sundew
Oblong-leaved sundew
Early marsh orchid
Southern marsh orchid
Common spike-rush
Slender spike-rush
Hoary willowherb
Square-stalked willowherb
Marsh willowherb
Water horsetail
Water avens
Small sweet-grass
Plicate sweet-grass
Opposite-leaved pondweed
Square-stalked St.John’s-wort
Yellow iris
ii
Blunt-flowered rush
Greater duckweed
Fat duckweed
Ivy-leaved duckweed
Least duckweed
Purple loosestrife
Gipsywort
Watermint
Bogbean
Tufted forget-me-not
Creeping forget-me-not
Water forget-me-not
Water chickweed
Spiked water milfoil
Yellow water-lily
Fringed water-lily
Tubular water-dropwort
River water-dropwort
Common reed
Pale butterwort
Amphibious bistort
Water pepper
all Pondweeds
(Potamogeton spp.)
Common fleabane
all Water-crowfoots
(Ranunculus spp.)
Greater spearwort
Celery-leaved buttercup
Great yellow-cress
Marsh yellow-cress
Water dock
Arrowhead
Brookweed
Skullcap
Marsh ragwort
Bog stitchwort
Marsh woundwort
Wood club-rush
Common club-rush
Marsh valerian
Pink water-speedwell
Blue water-speedwell
Marsh speedwell
Brooklime
Horned pondweed
N:\Biodiversity\WSP\Wildlife Alert
System\Plant Species – Appendix 1
RT-MME-109615-01
APPENDIX 2
Middlemarch Environmental Ltd Drawing C109615-01
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Neutral semi-improved grassland
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C109615-01
Date
00
$
C109615-01
Scale at A3
Approved By
SKS
Notes
AD
This map is reproduced from the Ordance Survey material with the permission of Ordnance Survey
on behalf of The Controller of Her Majesty's Stationary Office. (c) Crown copyright. Unauthorised
reproduction infringes Crown copyright and may lead to prosecution of civil proceedings.
Licence Number:
November 2011
Drawn By
1:1,800
-
Triumph House, Birmingham Road, Allesley, Coventry CV5 9AZ
T:01676 525880 F:01676 521400
E:admin@middlemarch-environmental.com
RT-MME-109615-01
Target Notes
1. Brick wall with various play equipment including a basketball hoop and a climbing wall.
2. Dense blackthorn scrub along Stream 2, which may have formed from an overgrown hedgerow on
the southern bank of the stream.
3. A dry ditch with bramble, meadowsweet and sedge noted growing. It is possible that this ditch may
hold water at some times of year.
4. A pedunculate oak number of broken branches and peeling bark. These features were limited in
extent and were considered to offer limited opportunities for roosting bats.
5. A brash pile and dilapidated den-like structure present at the eastern, overgrown, end of the
hedgerow.
6. Brash pile at the base of the hedgerow.
7. A variety of plant species indicative of damp or marshy conditions were recorded within this
depression in the ground. Species present included meadowsweet, sharp-flowered rush and marsh
thistle.
8. Fire scorched ground was recorded within the field. This area was surrounded by a circle of large
sedge tussocks.
9. A ditch feature was present towards the southern edge of the field. Although dry at the time of survey
the presence of sweet-grass species Glyceria sp., figwort species Scrophularia sp., and brooklime
Veronica beccabunga indicate that it occasionally holds water.
10. A pathway through the field which has previously had gravel placed on the ground to provide a more
solid surface.
11. A single southern marsh orchid spike recorded within the sward.
12. Fly-tipping of garden waste recorded.
13. Plant species present within this area of the semi-improved grassland habitat indicates that this area
is subject to occasional flooding. Species present included meadowsweet, branched bur-reed,
sweet-grass species and water mint.
14. Where Stream 2 flows into Stream 1 the base of the channel had a concrete base.
15. Small groups of willow saplings were recorded within the marshy grassland habitat.
16. Stump of a recently cut down ash.
17. Mustelid scat (species unknown) recorded by a bridge over Stream 4.
18. Other habitat: recently cleared ground.
19. Other habitat: Tall herbs within a seasonally wet habitat.
20. Scattered scrub species, including bramble and blackthorn, were also recorded within a dense young
tree area to the north of Stream 2.
21. Marginal vegetation.
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APPENDIX 3
Overview of Relevant Legislation
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GENERAL LEGISLATION AND POLICY OVERVIEW
This section 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.
CONSERVATION OF HABITATS AND SPECIES REGULATIONS 2010 (HABITATS REGULATIONS 2010)
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 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 Conservation (Natural Habitats.
&c.) Regulations 1994 (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. All relevant species specific legislation is detailed later in this Appendix.
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 supersede
Section 74 of the CRoW Act 2000. These species and habitats are a material consideration in the planning
process.
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.
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UK BIODIVERSITY ACTION PLAN
The United Kingdom Biodiversity Action Plan (UKBAP), first published in 1994 and updated in 2007, is a
government initiative designed to implement the requirements of the Convention of Biological Diversity to
conserve and enhance species and habitats. The UKBAP contains a list of priority habitats and species of
conservation concern in the UK, and outlines biodiversity initiatives designed to enhance their conservation
status. Lists and Broad and Local habitats are also included. The priority habitats and species correlate with
those listed on Section 41 and 42 of the NERC Act.
The UKBAP requires that conservation of biodiversity is addressed at a County level through the production
of Local BAPs. These are complementary to the UKBAP, however are targeted towards species of
conservation concern characteristic of each area. In addition, a number of local authorities and large
organisations have produced their own BAPs.
UKBAP and Local BAP targets with regard to species and habitats are a material consideration in the
planning process.
PLANNING POLICY
England
Planning Policy Statement 9
Planning Policy Statement 9 provides guidance to local authorities regarding the protection of biodiversity and
geology through the planning system in England. Key principles relating to biodiversity include:
•
Development plan policies and planning decisions should be based upon up-to-date information
about the environmental characteristics of their areas. These characteristics should include the
relevant biodiversity and geological resources of the area. In reviewing environmental characteristics
local authorities should assess the potential to sustain and enhance those resources.
•
Plan policies and planning decisions should aim to maintain, and enhance, restore or add to
biodiversity and geological conservation interests. In taking decisions, local planning authorities
should ensure that appropriate weight is attached to designated sites of international, national and
local importance; protected species; and to biodiversity and geological interests within the wider
environment.
•
Plan policies should promote opportunities for the incorporation of beneficial biodiversity and
geological features within the design of development.
National planning policy is implemented through local and regional planning policies.
SPECIES SPECIFIC LEGISLATION
NESTING BIRDS
Nesting and nest building birds are protected under the Wildlife and Countryside Act WCA 1981 (as
amended). 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:
• 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.
‘Reckless’ offences with regard to the disturbance of nesting wild birds included in Schedule 1 of the Wildlife
and Countryside Act were added by the Countryside and Rights of Way Act 2000.
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. These
lists include a number of bird species.
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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. Both these species have a limited
geographical distribution and none of the habitats within the study area fulfill their specific habitat
requirements. It is therefore considered that these species are unlikely to be present within the study area.
Common lizard (Lacerta 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.
MARSH FRITILLARY
The butterfly is listed on Annex II of the EC Habitats Directive and Appendix II of the Bern Convention. It is
also protected under Schedule 5 of the WCA 1981, making it illegal to kill, disturb, injure, capture or possess
a marsh fritillary, and its place of shelter or protection is protected against intentional and reckless acts of
damage, destruction or obstruction. It is also listed on the UK BAP and Section 41 of the Natural
Environment and Rural Communities (NERC) Act 2006.
BADGER
Badgers Act 1992 is based primarily on the need to protect badgers from baiting and deliberate harm or
injury, badgers are not protected for conservation reasons. The following are criminal offences:
•
To intentionally or recklessly interfere with a sett. Sett interference includes disturbing badgers whilst
they are occupying a sett, as well as damaging or destroying a sett or obstructing access to it.
•
To wilfully kill, injure, take, possess or cruelly ill-treat a badger, or to attempt to do so.
A badger sett is defined in the legislation as:
•
‘Any structure or place that displays signs indicating current use by a badger’.
‘Current use’ is not synonymous with current occupation and a sett is defined as such (and thus protected) as
long as signs of current usage are present. Therefore, a sett is protected until such a time as the field signs
deteriorate to such an extent that they no longer indicate ‘current usage’.
Badger setts can be disturbed inadvertently by a multitude of operations including excavation and coring,
even if there is no direct interference or damage to the sett. Any intentional or reckless work that disturbs
badgers is illegal without a licence from Natural England.
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 (Habitats Regulations 2010). 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, states that a person commits an offence if they:
•
•
deliberately capture, injure or kill a bat;
deliberately disturb bats; or
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•
RT-MME-109615-01
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 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 (rather than deliberately) 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 listed on the UK BAP and Section 41 of the NERC Act 2006: Barbastelle Bat
Barbastella barbastellus, Bechstein’s Bat Myotis bechsteini, Noctule Bat Nyctalus noctula, Soprano Pipistrelle
Pipistrellus pygmaeus, Brown Long-eared Bat Plecotus auritus, Greater Horseshoe Bat Rhinolophus
ferrumequinum, Lesser Horseshoe Bat Rhinolophus hipposideros.
WATER VOLE
The Wildlife and Countryside Act 1981 (as amended) was updated on April 6th 2008 and the protection which
water voles receive was increased to make it an offence to:
• Intentionally kill, injure or take water vole from the wild;
• Possess or control live or dead water voles or derivatives;
• Intentionally or recklessly damage, destroy or obstruct access to any structure or place which water
voles use for shelter or protection;
• Intentionally or recklessly disturb water voles whilst occupying a structure or place used for that
purpose; or
• Sell water voles or offer or offer or expose for sale or transport for sale.
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. Water vole is also listed on the UK BAP and Section 41 of the Natural
Environment and Rural Communities (NERC) Act 2006.
PLANTS
United Kingdom legislation prohibits any person from intentionally (in Scotland, also recklessly) picking,
uprooting or destroying wild plants which are listed on the appropriate Schedule, and it is an offence to sell
such wild plants. The legislation also prohibits the uprooting of wild plants not listed on the Schedule, unless
the uprooting is carried out by the owner or occupier of the land on which the plant is growing, or by someone
having their permission to do so, or unless the action is authorised in writing by the appropriate local
authority.
Page 54
RT-MME-109615-01
MIDDLEMARCH ENVIRONMENTAL LTD
QUALITY ASSURANCE
TITLE: DURMAST LAND AT WARMINSTER
A Report to GreenSquare Group Ltd.
Contract Number: C109615
Report Number: RT-MME-109615-01
Revision Number: 00
Description: Final
Date: November 2011
Checked by:
Tom Docker
Ecological Projects Manager
Approved by:
Dr Philip Fermor
Managing Director
Page 55

durmast land at warminster extended phase 1

Transcription

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