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Page 1: 195-197 City Road, Cardiff - wyg.com · 195-197 City Road, Cardiff: Bat Survey Report Bonne Mares Ltd 3 October 2017 A100414 1.0 Introduction 1.1 Background WYG was commissioned by

www.wyg.com creative minds safe hands

195-197 City Road, Cardiff

Bat Roost Assessment and Emergence/ Re-entry Surveys

Bonne Mares Ltd

October 2017

5th Floor, Longcross Court, 47 Newport Road, Cardiff, CF24 0AD

Tel: 02920 829 200

Email: [email protected]

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195-197 City Road, Cardiff: Bat Survey Report

Bonne Mares Ltd i October 2017

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Document Control

Project: 195-197 City Road, Cardiff- Bat Surveys

Client: Bonne Mares Ltd

Job Number: A100414

File Origin: Z:\Projects\Projects A100000 on\A100414 195-197 City Road,

Cardiff\REPORTS

Issue 1 October 2017 Final

Prepared by:

Elliott Hughes GradCIEEM

Project Ecologist

Checked By:

Elizabeth Sanders MCIEEM

Senior Ecologist

Verified By:

Chris Meddins MCIEEM

Associate Ecologist

Rev: Date: Updated by: Verified by: Description of changes:

1 04/02/19 C.Meddins - Update to project details

WYG Environment Planning Transport Ltd. accept no responsibility or liability for the use which is made of this

document other than by the Client for the purpose for which it was originally commissioned and prepared.

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Contents

Executive Summary .............................................................................................................. 1

Glossary ................................................................................................................................ 2

1.0 Introduction ............................................................................................................... 3

1.1 Background ........................................................................................................................ 3

1.2 Site Location ....................................................................................................................... 3

1.3 Development Proposals ....................................................................................................... 3

1.4 Purpose of the Report ......................................................................................................... 3

2.0 Methodology ............................................................................................................... 4

2.1 Desk Study ......................................................................................................................... 4

2.2 Field Surveys ...................................................................................................................... 4

2.3 Limitations .......................................................................................................................... 5

3.0 Baseline Conditions .................................................................................................... 6

3.1 Desk Study ......................................................................................................................... 6

3.2 Field Surveys ...................................................................................................................... 6

4.0 Relevant Planning Policy & Legislation ...................................................................... 9

4.1 National Planning Policy Framework ..................................................................................... 9

4.2 Environment (Wales) Act ................................................................................................... 10

4.3 Local Biodiversity Action Plan ............................................................................................. 10

4.4 Local Plan ......................................................................................................................... 10

4.5 Legislation ........................................................................................................................ 11

5.0 Discussion ................................................................................................................. 12

5.1 Potential Impacts .............................................................................................................. 12

5.2 Mitigation and Enhancement .............................................................................................. 12

6.0 References ................................................................................................................ 13

FIGURES

Figure 1 – Site Location Plan

Figure 2 – Bat Flight Plan

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Executive Summary

Contents Summary

Site Location and

proposals

• The site is located at the 195-197 City Road, Cardiff (Ordnance

Survey National Grid Reference: ST 18784 77564). The site comprises a former cinema, hard standing, bare ground and a

small area of scrub.

• The development will involve the demolition of the existing building

on site and the erection of a large multi-storey building for student

accommodation on the site and on the adjacent land to the north.

Scope of this

Survey(s) • The building was assessed externally to assess the likelihood of

bats using the building on the site, based on the number of

potential roosting features.

• The building was assessed to be of moderate suitability for roosting

bats and therefore one dusk emergence and one separate dawn re-entry survey was carried out in line with best practice guidance

(BCT, Collins, 2016).

• The surveys were carried out in August and September 2017.

Results • Emergence/ re-entry surveys found no bats using the building as a

summer roost.

• During the emergence survey a single common pipistrelle was

recorded foraging around the small area of scrub to the south of the building. There were also three other brief common pipistrelle

passes recorded during the emergence survey.

Recommendations • No bats were recorded roosting within the building, therefore the

works can proceed without modified working methods or

mitigation.

• If bats are found during the works, all activity on site must cease

and a suitably qualified ecologist should be contacted.

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Glossary

BCT Bat Conservation Trust

CIEEM Chartered Institute of Ecology & Environmental Management

EPS European Protected Species

EPSL European Protected Species Licence

GCIEEM Graduate Member of the Chartered Institute of Ecology and

Environmental Management

JNCC Join Nature Conservancy Council

LERC Local Ecological Record Centre

LBAP Local Biodiversity Action Plan

LPA Local Planning Authority

NRW Natural Resources Wales

SEWBReC South East Wales Biological Records Centre

W&CA Wildlife & Countryside Act 1981

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1.0 Introduction

1.1 Background

WYG was commissioned by Bonne Mares Ltd on the 16th August 2017 to undertake bat surveys at the

195-197 City Road, Cardiff, hereafter referred to as ‘the site’.

This report was compiled by WYG Project Ecologist Elliott Hughes GradCIEEM detailing the survey

results, constraints and recommendations to support a formal planning application for the proposed

works onsite.

1.2 Site Location

The site comprises a former cinema and its grounds measuring approximately 0.13 ha. The site is

located on City Road, Cardiff and is in an urban setting. The Ordnance Survey (OS) National Grid

Reference (NGR) for the site is ST 18784 77564. See Figure 1 ‘Site location plan’.

1.3 Development Proposals

The development will involve the demolition of the existing building on site and the erection of a large

multi-storey building for student accommodation on the site and on the adjacent land to the north.

1.4 Purpose of the Report

The aims of the survey work and the subsequent report presented here are to:

• Determine the presence or likely absence of bat roosts within the buildings on site that could

be impacted by the proposed works;

• Provide information to allow the potential effect of the proposed development on bats (if

present) to be assessed;

• Establish if any anticipated potential effects on bats caused by the development adhere to

legislation and planning policy;

• Ensure that the required level of survey work is conducted to apply for a licence, should one

be necessary; and

• Provide preliminary advice on mitigation strategies against any adverse effects on local bat

population(s) which may arise as a result of the proposed development.

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2.0 Methodology

2.1 Desk Study

2.1.1 Previous Reports

WYG is not aware of any previous bat surveys conducted on the site.

2.1.2 Online Resources

A search for relevant information was made on the following websites:

• MAGIC www.magic.gov.uk - DEFRA’s interactive, web-based database for statutory

designations.

• NBN Atlas https://nbnatlas.org/ - for records of protected and notable species

2.2 Field Surveys

2.2.1 External Building Assessment

A preliminary bat roost assessment was undertaken by WYG Project Ecologist, Elliott Hughes on the

16th August 2017. The bat roost assessment was undertaken during suitable weather conditions (dry,

17oC) with the survey methodology based on current industry standard practice guidance (Collins,

2016). No internal inspection was completed due to health and safety restrictions (see Section 2.3).

The roost assessment was completed to assess the likelihood of bats using the building on the site.

The external areas of the building was systematically inspected during daylight, and any suitable

potential roosting features were noted, such as weatherboarding, hanging tiles, soffit boxes, gaps in

brickwork, cracks, crevices, slipped or broken tiles and gaps around ridge tiles and lead flashing. Roof

coverings were viewed from the ground where possible using close-focussing binoculars. Any

potential bat access points were identified and inspected for signs of bats such as:

• Bat droppings on the ground or stuck to walls;

• Suitable entry and exit points around eaves, soffits, flashing, under tiles or gaps in mortar;

• Live bats, bat corpses or skeletons; and,

• Oily marks (from fur) or localised clean spots around possible access points and roost areas.

2.2.2 Emergence/ Re-entry Surveys

Following the preliminary bat roost assessment bat surveys, including a dusk emergence survey and

dawn re-entry survey were undertaken on the 29th August 2017 and 12th September 2017

respectively, in line with guidelines for a building of moderate suitability. Surveys were undertaken by

Elliott Hughes (Project Ecologist), Emmanuelle Amiral (Consultant Ecologist) and Kate Williams

(Assistant Ecologist).

The three surveyors used two Elekon Batlogger M and a Batbox Duet detectors to record bat activity.

The dusk emergence survey commenced 15 minutes before sunset and continued for 1.5 hours after

sunset. The pre-dawn re-entry survey commenced 1.5 hours before sunrise and continued until 15

minutes after sunrise. Table 1 summarises the survey times and weather conditions.

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Table 1 Date and weather conditions for emergence survey

Date of

survey

Sunrise /

sunset Start Finish

Temperature

start/end (oC)

Weather

29th Aug

2017

20:05 19:50 21:35 16/14 No rain, wind 2,

cloud 80%

12th Sept

2017 06:42 05:12 06:47 11/11 No rain, wind 2/3,

cloud 0%

2.3 Limitations

An internal assessment of the building could not be undertaken due to health and safety issues

arising from the instability of the structure and the presence of asbestos.

Parts of the building could not be fully assessed from the ground during the preliminary bat roost

assessment due to scaffolding and parapets blocking the view of the surveyor, however this is not

considered to be a significant limitation as further emergence/ re-entry surveys were undertaken.

The emergence/ re-entry surveys were carried out within the optimal bat survey season (May to

September) during suitable weather conditions with no limitations i.e. no strong winds or rain and a

sunset temperature 10°C or above.

The surveys were completed with the assistance of bat detectors. All survey techniques are subject to

bias, and bat detector surveys may under-record species with weak echolocation calls, such as brown

long-eared bats. The BCT 2016 guidelines state that the same type of bat detecting equipment should

be used by all surveyors where possible however due to the number of surveyors required not all

detectors used the same equipment. At least one of the surveyors was equipped with a Elekon

Batlogger M which is capable of detecting the highest percentage of calls, and therefore this is not

considered a significant limitation to the survey.

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3.0 Baseline Conditions

3.1 Desk Study

3.1.1 Online Resources

A search of the MAGIC website found that there were no SSSI’s designated for bats within 2km of the

site.

A protected species search on the NBN Atlas website found one bat species record for a Nyctalus/

Eptesicus agg. 2km north of the site1.

3.2 Field Surveys

3.2.1 External Building Assessment

The building is an early 20th century former cinema with art deco architecture. The building has been

empty since 2006; with a fire damaging extensive parts of the building in 2016. Potential roosting

features noted within the building included gaps between the external walls and facias which provide

a potential access point suitable for use by bats and other fauna. In addition the extended parts of

the building have metal corrugated roofs which also provide potential egress points for bats. Metal

corrugated roofs tend to provide sub-optimal roosting habitat due to temperature variation during the

day.

The building is located in an urban area with little natural habitat features directly linking the site and

relatively high levels of artificial lighting. However a railway corridor is present approximately 75m to

the west that forms a direct commuting link to Cathays Cemetery and Roath Park to the north which

provide suitable foraging areas for bats. See Figure 1 ‘Site location plan’.

1 https://records.nbnatlas.org/occurrences/6d54b11e-103c-489b-8043-4f538740a24d

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Photograph 1 Gap between the fascia and the external wall

Photograph 2 Corrugated roofs with access points where the roof meets the external wall

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Photograph 3 Art-deco frontage of the building

No bats, or evidence of use by bats, were identified during the external assessment of the building

within the site. Based on the presence of a number of potential roosting features the building was

assessed as moderate suitability for roosting bats.

3.2.2 Bat Emergence/Re-entry Survey

Dusk Survey 29th August 2017

Small numbers of common pipistrelle were the only bat species recorded during the survey with no

bats recorded emerging from or re-entering into the building.

A single common pipistrelle was recorded foraging around the scrub habitat in the south west corner

of the site for a period of approximately five minutes (see Figure 2). Three additional brief common

pipistrelle passes were recorded between 24 and 43 minutes after sunset. The bat was first recorded

24 minutes after sunset indicating the roost is in close proximity.

Dawn Survey 12th September 2017

No bats were heard or seen during the survey.

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4.0 Relevant Planning Policy & Legislation

4.1 National Planning Policy Framework

Planning Policy Wales (PPW) sets out the Welsh Government’s national planning policies in Wales,

and is supported by a series of Technical Advice Notes (TAN’s).

Paragraph 5.1.2 set out the Welsh Government’s objectives for the conservation and improvement of

the natural heritage are to:

• promote the conservation of landscape and biodiversity, in particular the conservation of native

wildlife and habitats;

• ensure that action in Wales contributes to meeting international responsibilities and obligations

for the natural environment;

• ensure that statutorily designated sites are properly protected and managed;

• safeguard protected species, and to

• promote the functions and benefits of soils, and in particular their function as a carbon store.

Paragraphs 5.1.3 states that a key role of the planning system is to ensure that society’s land

requirements are met in ways which do not impose unnecessary constraints on development whilst

ensuring that all reasonable steps are taken to safeguard or enhance the environment. In addition

paragraphs 5.3.8– 10 of PPW state the planning system should ensure that the UK’s international and

national obligations for site, species and habitat protection are fully met in all planning decisions.

Technical Advice Note 5: Nature Conservation and Planning (TAN 5) provides advice on how the land

use planning system should contribute to protecting and enhancing biodiversity and geological

conservation.

Paragraph 4.6 of TAN 5 states that Local Planning Authorities should use planning conditions to avoid

adverse impacts or remove the likelihood of adverse impacts occurring, reduce adverse impacts that

may occur, compensate for losses or impacts that could not be avoided or mitigated, and enhance

aspects of the natural heritage and its enjoyment. All conditions should be necessary, relevant to

planning, relevant to the development permitted, enforceable, precise and reasonable.

Paragraph 5.1.6 of TAN 5 states that Local Planning Authorities, along with other public bodies, have

a duty to take reasonable steps, consistent with the proper exercise of their functions, to further the

conservation and enhancement of the features by reason of which international sites are of special

scientific interest.

In addition Circular Letter CL-05-04 reaffirms the Welsh Governments commitment to ensuring that

designated sites and species of nature conservation importance are protected from damage and

deterioration, with their important features conserved by appropriate management. The letter seeks

to remind planning authorities of the requirements of the Conservation of Habitats and Species

Regulations 2010 (as amended) when considering development proposals through the planning

system.

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This guidance requires local planning authorities to take account of the conservation of protected

species when determining planning applications and makes the presence of a protected species a

material consideration when assessing a development proposal that, if carried out, would be likely to

result in harm to the species or its habitat.

4.2 Environment (Wales) Act

As part of Welsh Government’s commitment to reversing the decline in biodiversity in Wales and

increasing the resilience of its ecosystems, the Environment (Wales) Act introduces a new biodiversity

duty, which highlights biodiversity as an essential component of ecosystem resilience.

Section 6 of the Act places a duty on public authorities to ‘seek to maintain and enhance biodiversity’

so far as it is consistent with the proper exercise of those functions. In so doing, public authorities

must also seek to ‘promote the resilience of ecosystems’. The duty replaces the section 40 duty in the

Natural Environment and Rural Communities Act 2006 (NERC Act 2006), in relation to Wales, and

applies to those authorities that fell within the previous duty.

Section 7 replaces the duty in section 42 of the NERC Act 2006. The Welsh Ministers will publish,

review and revise lists of living organisms and types of habitat in Wales, which they consider are of

key significance to sustain and improve biodiversity in relation to Wales. In producing the list or

taking any measures to improve the listed organisms and habitats, the Welsh Ministers must apply

the principles of sustainable management of natural resources. Therefore, they must consider any

appropriate evidence, for example as provided in the State of Natural Resources Report, and also

engage with any relevant stakeholders, including pertinent public authorities. Certain public

authorities will also be required to consider the section 7 list, in complying with the new biodiversity

duty under section 6 of the Act. The list is important in assisting public bodies to identify potential

issues that they may wish to address in meeting their well-being objectives, in addition to

contributing to the well-being goal ‘a resilient Wales’ (Goal 2).

In the absence of a revised list, the section 42 NERC Act list is still relevant: the S42 list includes 56

habitats of principal importance and over 500 species of principal importance.

4.3 Local Biodiversity Action Plan

Local Biodiversity Action Plans (LBAPs) identify habitat and species conservation priorities at a local

level (typically County by County) and are usually drawn up by a consortium of local Government

organisations and conservation charities. Although they are no-longer managed at a national level

many are still reviewed and updated at a local level.

The Cardiff LBAP is the relevant document for this site, the LBAP aims to maintain the range of all bat

species found in Cardiff (common pipistrelle, soprano pipistrelle, Nathusius’ pipistrelle, brown long-

eared, natterer’s, daubenton’s, lesser horseshoe, greater horseshoe, noctule and serotine) and to

increase the population size of lesser horseshoe bats by 25% from the 2006 baseline.

4.4 Cardiff Local Plan

Environmental Policy EN7 of the adopted local development plan for Cardiff states that:

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Development proposals that would have a significant adverse effect on the continued viability of

habitats and species which are legally protected or which are identified as priorities in the UK or Local

Biodiversity Action Plan will only be permitted where: i. The need for development outweighs the

nature conservation importance of the site; ii. The developer demonstrates that there is no

satisfactory alternative location for the development which avoids nature conservation impacts; and

iii. Effective mitigation measures are provided by the developer. Where harm is unavoidable it should

be minimised by effective mitigation to ensure that there is no reduction in the overall nature

conservation value of the area. Where this is not possible compensation measures designed to

conserve, enhance, manage and, where appropriate, restore natural habitats and species should be

provided.

4.5 Legislation

All British bat species are given special protection within England by their inclusion on Schedule 2 of

the Conservation of Habitats and Species Regulations 2010 (as amended) and Schedule 5 of the

Wildlife and Countryside Act 1981 (as amended).

As a result, it is an offence to:

• Deliberately capture, injure or kill a bat;

• Intentionally or recklessly disturb a bat in its roost or deliberately disturb a group of bats;

• Damage or destroy a bat’s roosting place (even if bats are not occupying a roost at the time);

• Possess or advertise, sell or exchange a bat (dead or alive) or any part of a bat; and

• Intentionally or recklessly obstruct access to a bat roost

With specific reference to the offence of disturbance, Regulation 41(1) of the Conservation of

Habitats and Species Regulations 2010 (as amended) states that a person commits an offence if they:

“…deliberately disturb wild animals of any such species [i.e. a European Protected Species] in such a

way as to be likely significantly to affect:

(i) the ability of any significant group of animals of that species to survive, breed, or rear or nurture

their young; or

(ii) the local distribution or abundance of that species”.

Where development will result in damage to, or obstruct access to, any bat roost (whether occupied

or not) or risks harming or significantly disturbing bats, a European Protected Species Licence (EPSL)

is required from Natural Resources Wales to allow the development to proceed.

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5.0 Discussion

5.1 Potential Impacts

No bats were recorded roosting within the building during the surveys and the level of bat activity on

site was extremely low (a single common pipistrelle recorded foraging for a period of five minutes

and three brief common pipistrelle passes).

Based on the level of bat activity it is considered that the development will have no impact on the

local bat population.

5.2 Mitigation and Enhancement

No mitigation or enhancement measures are deemed necessary for the site as it is considered the

installation of bat boxes is not appropriate as they are not likely to be utilised due to high artificial

light levels. However it is recommended any landscape planting should seek to use native species

wherever possible.

In the extremely unlikely event of bats being found during the works, all activity on site must cease

and a suitably qualified ecologist should be contacted.

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6.0 References

• Collins, J. (ed.) (2016). Bat Surveys for Professional Ecologists: Good Practice Guidelines (3rd

ed). The Bat Conservation Trust, London.

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

• English Nature (2011). Badgers and Development. English Nature, Peterborough, UK.

• The Conservation of Habitats and Species Regulations 2010. 2010 No.490 HMSO London,

UK.

• The Conservation of Habitats and Species Regulations (as amended) 2010.

• The Wildlife and Countryside Act 1981. HMSO, London.

• Wray, S. et al. (2010). Valuing Bats in Ecological Impact Assessment. IEEM - In Practice.

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FIGURES

Figure 1 – Site Location Plan

Figure 2 – Bat Flight Plan

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City Road

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© Crown Copyright All rights reserved. Licence number: 100019980Open Government Data reproduced contains public sector information licensed under the Open Government Licence v3.0Other Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

LegendSite boundary

Site Location PlanGaeity Cinema, CardiffThe MSG Group

F

RevA

Date

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NotesSite Location Plan

Project No: Revision:Drawing No:

Figure 1 ADrawn date:03/10/2017

Approved by:

Drawn by:ESH

Scale at A3:1:3,000

0 100 20050 Metres

A100414

chris.meddins
Text Box
195-197 City Road Bonne Mares Ltd
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City Road

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© Crown Copyright All rights reserved. Licence number: 100019980Open Government Data reproduced contains public sector information licensed under the Open Government Licence v3.0Other Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

LegendCommon pipistrelleSite boundary

Bat Flight PlanGaeity Cinema, CardiffThe MSG Group

F

RevA

Date

29/09/2017

NotesBat Flight Plan

Project No: Revision:Drawing No:

Figure 2 ADrawn date:04/10/2017

Approved by:CM

Drawn by:ESH

Scale at A3:1:1,000

0 30 6015 Metres

A100414

Time Species Activity20:29 Common pipistrelle Brief pass, heard not seen20:31- Common pipistrelle Foraging around scrub to the 20:35 south of the building, then flew south20:36 Common pipistrelle Brief pass, heard not seen20:48 Common pipistrelle Brief pass, heard not seen

chris.meddins
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