ecological appraisal of land off hawkins lane burton-on-trent … application... · 2017. 8....

Ryton Organic Gardens | Wolston Lane | Ryton-on-Dunsmore | Warwickshire | CV8 3LG | 02476 217727

Email: [email protected] Website: www.ecolocation.org.uk

Ecological Appraisal

of

Land off Hawkins Lane Burton-on-Trent

Staffordshire DE14 1PT

For

RJK Projects Ltd. (18th July 2017)

2016-10(15)

Revision B

Ecological Appraisal 2016-10(15) Land off Hawkins Lane, Burton on Trent

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Contents

Summary ............................................................................................................................................................ 3

1. Introduction ................................................................................................................................................ 4

2. Site ............................................................................................................................................................. 5

3. Legislation .................................................................................................................................................. 5

4. Desktop Study ............................................................................................................................................ 7

5. Results and evaluation ............................................................................................................................... 9

6. Discussion and Conclusion ...................................................................................................................... 18

7. Recommendations ................................................................................................................................... 19

8. References ............................................................................................................................................... 23

Appendix – Species List ................................................................................................................................... 24

Report Author: Sophie Amphlett MSc, Grad CIEEM Survey Date: 17/11/2016 Report Date: 25/11/2016

Revision A Report Date: 15/12/16 Quality checked by: Anna Swift BSc, MSc, MCIEEM

Quality check date: 15/12/2016 Revision B Author: Dean Cordelle BSc(Hons)

Revision B Survey Date: 06/07/2017 Revision B Report Date: 14/07/2017

This report has been prepared in accordance with the CIEEM Guidelines for Ecological Report Writing (2016)

and is compliant with the CIEEM Code of Professional Conduct.


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Summary

• An Ecological Appraisal of an area of derelict land off Hawkins Lane, Burton-on-Trent, Staffordshire, was carried out on the 17th November 2016.

• The nature of the proposed development was for the construction of a large residential development.

• The Site comprised scattered scrub, tall ruderal vegetation, species poor semi-improved grassland and bare ground. The habitats on Site were considered to range from LOW-MEDIUM in terms of their ecological value and potential to support protected and notable species.

• The proposed development would directly impact areas of scattered scrub, tall ruderal vegetation, species poor semi-improved grassland, scattered trees and bare ground all considered to be of LOW to MEDIUM ecological value, offering limited opportunities to notable or protected species.

• No evidence of protected or notable species was found during the survey and the habitats within the Site were considered unlikely to provide significant suitable habitats, with the exception of reptiles, for protected species.

• Previous detailed reptile surveys undertaken in 2010, 2011 and 2014 did not confirm reptile presence on the Site. Although the habitats had increased in value since 2014, it was considered that the previous survey results were still valid.

• Updated detailed reptile surveys were not considered necessary or proportionate (given the history of negative reptile surveys at the Site) and recommendations for reasonable avoidance measures and sensitive working practices are provided in order to ensure the risk of killing or injuring reptiles, if present, is minimised.

• In addition, a permanent 5m retained buffer will be incorporated along the Site boundary to the railway line in order to maintain habitat connectivity across the Site in line with the Staffordshire BAP and Burton-on-Trent EAP. This buffer would be incorporated into the required acoustic fencing bund and in doing so will also provide suitable basking and sheltering opportunities for reptiles.

• It was considered no further survey effort was necessary provided that the recommendations, sensitive working practices and future enhancements outlined in Section 7 could be achieved.


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1. Introduction

Instruction

Ecolocation were commissioned by RJK Projects Ltd. to undertake an ecological assessment of an area of derelict land off Hawkins Lane, Burton-on-Trent, Staffordshire (hereafter referred to as the “Site”) which was understood would be subject to a future planning application for residential development.

Proposed plans

The plan ‘Proposed Site Layout’ drawing number 1452/10 Revision A dated 7th November 2016, and the plans titled Site Sections dated 23rd January 2017 drawing number 1452/60 which were both produced by Maplevale Developments were used in the production of this report.

Survey Aims

The aims of the survey were to:

• Provide a description of the habitats present on Site • Identify the potential for the presence of protected species on Site • Determine the need for further ecological surveys • Assess the ecological impact of the proposals • Identify any ecological constraints/opportunities on Site

Scope

The survey sought to identify the potential for protected species on site including:

• Bats – suitable trees and natural features for roosting together with suitable foraging habitat.

• Birds – areas of habitat/structures that may be used for constructing a nest or for foraging.

• Reptiles – areas that could be used for insolation, shelter, foraging and breeding.

• Badger (Meles meles) - areas that might be used for foraging and sett building. Incidental foraging signs, tree scratching, paths, latrines and setts were recorded if found (Harris et al., 1989). A 30m buffer of the whole site was also surveyed, where practicable, most of which was viewed from the site boundaries.

• Hedgehog (Erinaceus europaeus) – evidence including droppings and suitable foraging and sheltering habitat.

• Invertebrates – areas of habitat that may be used for shelter, and include food plants and species suitable for egg-laying.

• Invasive species – evidence of species listed under Schedule 9 of the Wildlife and Countryside Act 1981 (as amended).

The lack of suitable waterbodies, such as ponds and ditches within or adjacent to the Site resulted in the Site being unsuitable for great crested newts, water vole, otter, white-clawed crayfish and fish, therefore these species were not included in the survey.

The lack of suitable hedgerows connected to suitable structured woodland with flowering and fruiting species resulted in the Site being unsuitable for dormice, therefore this species was not included in the survey.


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The lack of suitable habitat such as arable fields and rough field margins resulted in brown hare being scoped out of the survey. The lack of a diverse habitat mosaic including woodland, river banks and farmland resulted in polecat being scoped out of this survey.

2. Site

Site location

The Site (Grid ref. SK 2482 2382), represented by the red line boundary below, was located off Hawkins Lane in the centre of Burton-on-Trent, Staffordshire. The Site was comprised of a large derelict area of land previously used as a commercial site approximately 4.21 ha in size.

Site Boundary

3. Legislation

Bats

All bat species in the UK and their roosts (places of shelter or rest) are protected from intentional and reckless disturbance and destruction under the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2010 (as amended), the latter of which deems all UK bats as European Protected Species. This means that a derogation licence from Natural England is required in order to undertake works which would impact on bats or their roost sites.


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Birds

All nesting birds are protected under the Wildlife and Countryside Act 1981 (as amended), making it an offence to disturb any breeding birds from the time that they begin nest building until all the young have naturally fledged. Birds can nest in a range of habitats, from houses and outbuildings to hedgerows, trees and scrub vegetation. Some species of birds, including several species associated with farmland, build their nests on the ground.

Reptiles

There are six reptile species which are native to the UK; the most widespread of which are grass snake, adder, slow worm and common lizard. Reptiles are cold-blooded and as such basking behaviour is a very important part of their life cycle. They therefore need habitats with open areas that are exposed to the sun in the morning and afternoon, as well as suitable cover for shelter and foraging.

Badger

In the UK badgers and their setts (places of rest) are protected under the Protection of Badgers Act 1992, making it an offence to intentionally capture, kill or injure a badger or interfere with a sett (including disturbing a badger in a sett, damaging, destroying or blocking up of a sett and digging or allowing dogs to enter a sett). A licence is required for any works impacting on a badger sett.

Hedgehog

Hedgehog are species of conservation concern, having suffered significant population declines, which are now listed as priority species under Section 41 of the Natural Environment and Rural Communities (NERC) Act 2006 (previously UK Biodiversity Action Plan (BAP) species). The National Planning Policy Framework (NPPF) paragraph 117 states that in order to minimise impacts on biodiversity planning policies should “promote the recovery of priority species populations”. Plans which protect and enhance habitat for these species are therefore encouraged.

Invertebrates

Many invertebrate species have become rare and are now listed as priority species under Section 41 of the Natural Environment and Rural Communities (NERC) Act 2006 (previously UK Biodiversity Action Plan (BAP) species). The National Planning Policy Framework (NPPF) paragraph 117 states that in order to minimise impacts on biodiversity planning policies should “promote the recovery of priority species populations”. Plans which protect and enhance habitat for these species are therefore encouraged.

Invasive species

An invasive species is a non-native plant or animal which has been introduced and found to have a detrimental impact on native species. This can happen through directly out-competing native species or introducing new diseases. Schedule 9 of the Wildlife and Countryside Act 1981 (as amended) lists known invasive plant and animal species and this legislation makes it an offence to release or plant the listed species in the wild or allow them to escape or spread into the wild. Whilst it is not illegal to have these plants and animals on an area of land, those in control of sites where invasive species are present must take all reasonable steps to avoid allowing them to spread.


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4. Desktop Study

Prior to the ecological survey of the Site, a desk-top data gathering exercise was undertaken. The MAGIC website was accessed and the Staffordshire Ecological Records Centre (SER) was contacted for information on statutory and non-statutory sites and protected/notable species records within a 1km radius.

Site Designations

The Site had no statutory or non-statutory designations for nature conservation within its boundary.

Habitat connectivity and barriers

Overall, habitat connectivity around the Site was below average considering the busy town centre location; however, the Site was cut off on three sides from any suitable commuting habitat. Immediately adjacent to the north-west of the Site was a large area of hardstanding. This area was a container yard that was in use 24 hours a day. On the north-east boundary to the Site was further hardstanding and small workshops and factories. The Site was bordered on its remaining sides by residential dwellings and a main road.

An active railway line adjacent to the Site was likely to have provided some limited dispersal and commuting opportunities for foraging bats, birds, reptiles and terrestrial mammals moving through from the wider countryside. It should however, be noted that as this railway line passed by the Site the typical green linear associated with railway lines were greatly reduced, thus further limiting opportunities for reptile to enter the Site. The River Trent some 500m to the east and the Trent and Mersey Canal some 700m west, were disconnected by road networks; however, they flowed adjacent to the railway line 3.5km to the south which ultimately linked them to the Site. Waterbodies such as this were likely to support foraging bats, birds, reptiles and other terrestrial mammals. Several woodland pockets and small pocket parks with mature trees were identified within 1km and were likely to provide opportunities for roosting bats and nesting birds.

1km Annotated Map

Woodland Pockets & Local Park/Green Space

River Trent Railway Line

Site Location

N

Canal


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Species

The Staffordshire Ecological Record Centre provided the following records within a 1km radius. Only species scoped in to the survey, where records exist, are commented on within the species section.

Bats

A number of bat records, including a known roost of common pipistrelle (Pipistrellus pipistrellus), were located within a 1km radius of the Site including whiskered (Myotis mystacinus) and Brandt’s (Myotis brandti) bats between 1987 - 2001. A wider search revealed brown long-eared (Plecotus auritus) bats were recorded within the 1km tetrad but outside of a 1km buffer of the Site.

Reptiles

Grass snakes (Natrix natrix) were recorded in 1977 and 1978 within 1km of the Site, one of which was observed amongst allotments 740m to the north-west.

Badgers

Six records of badger (Meles meles) were recorded between 1997 – 2014 within the 1km tetrad but outside of a 1km buffer of the Site.

Birds

A wide range of birds were recorded within 1km of the Site between 1978 – 2016 including common kingfisher (Alcedo atthis)*, greylag goose (Anser anser)*, purple heron (Ardea purpurea), barnacle goose (Branta leucopsis)*, Lapland bunting (Calcarius lapponicus)*, Cetti's Warbler (Cettia cetti), little plover (Charadrius dubius), little egret (Egretta garzetta), merlin (Falco columbarius)**, peregrine falcon (Falco peregrinus), hobby (Falco Subbuteo), brambling (Fringilla montifringilla), red kite (Milvus milvus), black redstart (Phoenicurus ochruros)**, European golden plover (Pluvialis apricaria), common tern (Sterna hirundo)*, redwing (Turdus iliacus)**, fieldfare (Turdus pilaris)** and barn owl (Tyto alba),

RSPB Red List ** RSPB Amber List* Invertebrates

A range of common and widespread invertebrates were recorded within 1km of the Site between 1964 – 2013.


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5. Results and evaluation

Phase 1 habitat survey

On the 17th November 2016, a walkover survey of the Site was carried out in accordance with standard methodology for Phase 1 habitat assessment (Joint Nature Conservation Committee, 1993) by a suitably experienced surveyor, Sophie Amphlett (Assistant Ecologist, Grad CIEEM).

Timing and Conditions

The Site was visited on Thursday 17th November 2016 commencing at 11.30hrs

Parameter Recorded Figure

Temperature 9ºC Cloud cover 100% Precipitation Light rain

Wind speed (Beaufort Scale) 4 – Light breeze An annotated Phase 1 habitat survey map is provided in this section. This illustrates the location of all habitat types recorded at the site together with target notes depicting features of ecological interest. Habitats were classified using Phase 1 methodology (JNCC, 1993) and were then evaluated against the IEEM EIA evaluating habitats and species guidelines (2006) in order to give them a scale of importance from low to high value in the context of the Site (unless otherwise stated). Such criteria included size, species diversity, presence of Local BAP or UK BAP habitats and species together with presence of other notable species.

Habitats

• Scattered scrub • Tall ruderal vegetation • Species poor semi-improved grassland • Bare ground • Scattered trees • Boundaries


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Scattered scrub

The Site was predominantly occupied by scattered scrub, dominated by Buddelia and willow (Salix sp.). Denser patches of scrub were situated along the boundaries of the Site, sections of which had recently been cleared with cuttings stored in piles. All scrub on the Site was considered to have encroached onto the grassland and displayed clear signs of succession. Patches of willow scrub located towards the centre of the Site were outcompeting other ground flora and were succeeding towards juvenile willow woodland.

Consisting of multi-stemmed shrubs and bushes between 0.5m and 5m in height, scrub habitat can be an important component of a habitat mosaic. This habitat type is generally widespread and is usually associated with areas of unmanaged/unmaintained land. Scrub can provide valued shelter, bird song posts and nesting and foraging habitat for many species including birds, mammals, amphibians and reptiles. In this case, the areas of scrub on the Site varied in density and were likely to provide opportunities for birds, small terrestrial mammals and reptiles. This habitat was therefore considered to be of medium ecological value.

MEDIUM ecological value

Tall ruderal vegetation

Small linear sections of ruderal growth were present on Site including atop a large earth bund to the south of the Site and along the north-east and south-west facing Site boundaries. Frequent broad-leaved dock (Rumex obtusifolius), nettle (Urtica dioica), cow parsley (Anthriscus sylvestris), willowherb (Epilobium sp.) and occasional teasel (Dipsacus sp.), bindweed (Calystegia sepium) and sow thistle (Sonchus sp.) were present. It appeared that in places, scrub was encroaching and out competing ruderal growth, as expected on a successional site.

Willow scrub scattered across the Site – November 2016 Buddelia and willow scrub along boundaries – November 2016

Ruderal growth along northern boundary – November 2016 Ruderal growth along western boundary – November 2016


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Tall ruderal habitat is typically described as “weedy” vegetation growing on disturbed soil. It is not an uncommon habitat and it is easily recreated as it is usually dominated by one or two common plant species. Whilst tall ruderal vegetation may provide a moderately good habitat and food source for some invertebrates, more so when part of a habitat mosaic, overall this habitat is generally considered to be of low ecological value. In this case, due to the proximity of scattered scrub and scrub-lined boundaries, the ruderal vegetation was considered to be of medium value in terms of connectivity and its potential to support sheltering and foraging reptiles, small terrestrial mammals and common invertebrates.


Species poor semi-improved grassland

The northern section of the Site comprised species poor, semi-improved grassland that ranged from ground level to 1m in height and displayed varying densities of growth. The sward consisted of grasses and herbs including meadow grass (Poa spp.), cock’s foot (Dactylis glomerata), bent grass (Agrostis spp.) and tufted hair grass (Deschampsia cespitosa), with ragwort (Senecio sp.), red and white clover (Trifolium pratense & repens), greater and ribwort plantain (Plantago major & lanceolata) and dandelion (Taraxacum officinale). Sections of the sward appeared to have been recently cut and disturbed, likely during scrub clearance. Patches of bare ground were scattered throughout the sward and several small mammal paths were identified moving from access points along the storage yard boundary to the north-east across the grassland to sections of scattered scrub.

Semi-improved grassland is usually permanent grassland used for grazing or hay production, which has not been subject to significant agricultural improvements such as high levels of fertiliser or herbicide use or long-term intensive grazing. As such, the sward is generally more diverse than grassland that is classed as ‘improved’ and a higher number of broad-leaved plants can be present within the sward.

In this case, although the grassland was not utilised for grazing or hay production, the composition of the sward closely matched that of a “semi-improved grassland” compared to “improved”, as expected from successional vegetation on a derelict site. The grassland was moderately likely to support foraging birds, reptiles, common invertebrates and small terrestrial mammals such as hedgehog. The grassland was therefore considered to be of medium ecological value.


Tussocky grassland adjacent to railway line – November 2016


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Bare ground

Areas of bare ground and hardstanding, comprising a mixture of substrates, were present across the Site. The remnants of a concrete car park were located along the southern Site boundary, sections of which had been partially excavated and stored in piles. A small rectangular section of concrete hardstanding situated to the west of a large earth bund appeared to have been recently constructed. Across the Site and along the north-west facing boundary, areas of bare ground were present and were considered to be the remains of temporary standing water.

The bare ground on Site may have been used by basking reptiles if present and close to cover provided by scattered scrub. However, in general, this habitat was considered to be of low ecological value and was considered unlikely to support any protected or notable species.

LOW ecological value

Scattered trees

Several semi-mature birch (Betula sp.) trees lined the palisade fencing at the gated entrance to the Site off Hawkins Lane, one of which displayed ivy encroachment around the trunk. No features such as rot holes, cracks or peeling bark were identified which would support roosting bats. No signs of active or disused bird nests were observed and generally, the trees appeared exposed due to the recent scrub clearance beneath.

Scattered trees across the Site were likely to be used by birds and mammals for shelter, roosting and nesting. Single trees in open areas may be useful as song posts or vantage points for predators. In this case, the trees were considered to be exposed with sparse growth which would have provided sub-optimal conditions for breeding or nesting birds. The recent scrub clearance in the surrounding areas had further reduced the value of the trees to medium.


Concrete hard standing – November 2016 Hard standing at site entrance – November 2016

Scattered birch along eastern boundary – November 2016


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Boundaries

The Site boundaries consisted of solid brickwork walls approximately 2m high adjacent to residential properties and palisade fencing adjacent to all commercial sites. These features were of low ecological value.


Species

The potential of protected species to be present on Site was given a value evaluated by the habitat suitability, records within the 1km radius and any evidence found on Site.

Bats

There are eighteen species of bat found in the UK, all of which rely on invertebrates as a food source. Habitats that are good for invertebrates, such as pasture, woodland and water bodies, can therefore be considered good for bats. Bats use a range of different habitats for roosting including trees and buildings and they can be found in rural and urban areas. The conditions needed for roosting are variable depending on the number of bats, breeding status and the species present. Most bats rely on good connective habitat such as hedgerows and other dark, vegetated corridors, to ensure they can travel safely between roosts and foraging areas.

There were a number of bat records within a 1km radius of the site between 1991 and 2002, with one roost of common pipistrelle recorded in 2001 at a residential property to the north-west. The scattered trees on the Site did not offer suitable rot holes, cracks or peeling bark for roosting bats and there were no other habitats within the Site considered suitable. The areas of grassland and scrub, dominated by Buddelia, were likely to support invertebrates throughout the summer, in turn providing a reliable food source for foraging bats commuting along the railway line, canal and river.

Likelihood of bat roosting: LOW

Likelihood of bat foraging/commuting: MEDIUM

Birds

There were a significant number of bird records for the surrounding area, many of which were listed as Amber and Red by the RSPB. None of the bird species recorded in the data search were identified on the Site during the walkover survey. Poor weather conditions and the recent scrub clearance was likely to have disturbed birds that were previously present which may account for the lack of observation during the survey. The Site as a whole did offer suitable nesting opportunities for small birds such as blackbird, robin or house sparrow within the remaining scattered scrub. The tall ruderal vegetation atop the earth bund and along the Site boundaries was not considered dense enough to support ground nesting birds.

Birds recorded on Site during survey:

Blackbird (Turdus merula), magpie (Pica pica), wood pigeon (Columba palumbus) and gull (Larus sp.).

Likelihood of nesting bird presence: MEDIUM

Reptiles

There are six reptile species which are native to the UK; the most widespread of which are grass snake, adder, slow worm and common lizard. Reptiles are cold-blooded and as such basking behaviour is a very important part of their life cycle. They therefore need habitats with open areas that are exposed to the sun in the morning and afternoon, as well as suitable cover for shelter and foraging.


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There were a total of two grass snake records between 1977 and 1978, both of which were considered to be historical and located amongst allotments 740m north-west of the Site. Disused/derelict or brownfield sites, when connected to higher value habitats, typically offer good habitat for reptiles. The scattered scrub, combined with areas of grassland and bare ground were likely to provide a mosaic of habitats and structural diversity suitable to support basking and foraging reptiles. Hibernation potential was also noted on the Site in the form of stored spoil/earth mounds, disused rabbit burrows and exposed root systems from cleared scrub.

Additional results taken from the East Staffordshire Planning Portal during the desktop study revealed that the Site has previously been subject to detailed reptile surveys. Surveys conducted in 2010, 2011 and 2014 did not confirm the presence of reptiles on Site. The continued absence and lack of observations suggests reptiles are either not using the habitats present, or may only be passing through on occasion if commuting along the railway line. The likelihood of reptiles being present on Site was therefore considered to be medium.

Likelihood of reptile presence: MEDIUM

Likelihood of reptiles hibernating: MEDIUM

Badgers

European badgers and their setts are protected in the UK, although they have become more common over recent years. Badgers use a range of habitats (rural and urban); however, they are most often associated with agricultural land and woodland where they feed on a range of invertebrates, fruits and berries and occasional other animals. A clan of badgers will have a number of setts which they use at different frequencies at different times of the year.

There were six records for badger within the wider 1km tetrad, however, precise locations were not provided. No evidence of badger was recorded on the Site in the form of latrines, foraging signs or setts. Despite the Site being readily accessible along the north-west and west-facing boundary which backed onto the railway line, it did not appear that badgers were residing in or moving through the Site. The Site, previously occupied by large commercial buildings, consisted of a uniform substrate which would not be suitable for sett building. Large earth bunds and stored spoil/earth works scattered around the Site were likely to become more suitable with time if left unmanaged.

Likelihood of badger presence: LOW

Hedgehog

The European hedgehog inhabits a range of rural and urban habitats including gardens, farmland, woodland edges and hedgerows. They have large territories and will travel over 1km each night searching for invertebrate prey. Hedgehogs have declined in numbers over recent years due to a number of factors including loss of connectivity through the landscape and a reduction in their food source due to pesticide use.

There were no records of hedgehog within a 1km radius of the Site. No evidence of this species was recorded during the Site visit, however, suitable foraging and sheltering habitat was present within the scattered scrub, along boundaries and amongst the many piles of substrate, scrub cutting and earth banks.

Likelihood of hedgehog presence: MEDIUM

Invertebrates

There were no records for protected or notable invertebrates within a 1km radius. The Site was considered likely to support only common and widespread species. The habitats present on the Site were widespread and common and were considered unlikely to support a dependent population of a notable invertebrate species.

Likelihood of notable invertebrate presence: LOW


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Invasive species

Cotoneaster sp. was found along the eastern Site boundary adjacent to the rear gardens of the residential gardens off Hawkins Lane. Due to significant scrub clearance preceding the initial walkover, no evidence of any other invasive species was noted. Several species of Cotoneaster are classed as invasive and should not be spread across a site. In this case, the species of Cotoneaster on Site could not be described to species level as the survey was undertaken at a sub-optimal time of year for accurate identification.

Invasive species presence: POSSIBLE

Limitations

The survey was undertaken at a suboptimal time of year for botanical identification. However, it was considered that enough plants were identified during the survey to provide an accurate classification of the broad habitat types present.

Updated Site Visit

On 6th July 2017, a walkover survey of the Site was carried out by suitably qualified ecologists Casey Griffin (Senior Ecologist, ACIEEM) and Dean Cordelle (Graduate Ecologist).

Habitat changes on Site

Necessary site preparation works had been undertaken prior to this visit, resulting in many of the habitats previously present being lost or altered.

Bare Ground

The Site preparation works included the removal of large areas of scrub, ruderal vegetation and grassland, as well as large tracks of bare ground created by machinery entering and leaving Site.

The bare ground on Site may have been used by basking reptiles if present and close to cover provided by scattered scrub. However, in general, this habitat was isolated from any cover and was therefore considered to be of low ecological value and unlikely to support any protected or notable species.


Large areas of bare ground within the Site


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Earth Mound

There was also a large mound of excavated earth left isolated within the centre of the Site.

The mound could have been used by basking reptiles if there was any presence of cover on the mound or immediately adjacent to it; however, in this case, the mound was completely isolated within the Site and therefore offered no basking opportunities. Overall, due to the lack of vegetation or cover, the mound was considered to have no ecological value to reptiles.

NEGIGLIBLE ecological value

Felled trees

Most of the trees across the Site had been felled and left in-situ.

These trees were likely to provide reptiles suitable sheltering opportunities, especially if present within suitable habitats such as grassland. On Site, many of these felled trees had been left within areas of grassland and close to scrub areas; therefore, it was considered that these trees had medium ecological value.


Large mound of excavated dirt from works on Site

Felled Trees


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Species

Due to the Site preparation works, the potential value to protected species within the Site had decreased as listed and described below. The potential for protected species was evaluated by the suitability, connectivity and records within the 1km radius and any evidence found on Site.

Bats

There were a number of bat records within a 1km radius of the site between 1991 and 2002, with one roost of common pipistrelle recorded in 2001 at a residential property to the north-west. The scattered trees on the Site did not offer suitable rot holes, cracks or peeling bark for roosting bats and there were no other habitats within the Site considered suitable; furthermore, many of the scattered trees had now been felled.

The areas of grassland, ruderal vegetation, and scrub had been greatly reduced, reducing the suitable habitat for invertebrates and therefore limiting the potential for foraging bats commuting along the railway or through the Site.

Likelihood of bat roosting: LOW

Likelihood of bat foraging/commuting: LOW

Birds

There were a significant number of bird records for the surrounding area, many of which were listed as Amber and Red by the RSPB. None of the bird species recorded in the data search were identified on the Site during the updated Site visit. Areas of scrub which were previously considered to offer potential for nesting birds had been reduced in size, and therefore there was less potential for nesting birds.

Likelihood of nesting bird presence: LOW

Reptiles

There were a total of two grass snake records between 1977 and 1978, both of which were considered to be historical and located amongst allotments 740m north-west of the Site. Disused/derelict or brownfield sites, when connected to higher value habitats, typically offer good habitat for reptiles. In this case, however, the Site was cut off from any higher value habitats by a large container yard which ran 24/7, and further hardstanding surrounding the Site to the north-east and north-west.

The scattered scrub and grassland, within the Site, had been greatly reduced in size, with large areas of bare ground now prevalent, limiting the potential for commuting and/or basking reptiles across Site. Hibernation potential was noted on the Site in the form of disused rabbit burrows and exposed root systems from cleared scrub and felled trees; however, due to the isolation of the Site, it was considered that the overall presence of reptiles was now low.

Likelihood of reptile presence: LOW

Likelihood of reptiles hibernating: LOW

Hedgehog

There were no records of hedgehog within a 1km radius of the Site. No evidence of this species was recorded during the Site visit, and, suitable foraging and sheltering habitat in the form of scattered scrub, had now been greatly reduced on Site, limiting the potential for hedgehog presence.

Likelihood of hedgehog presence: LOW


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Limitations

There were no limitations to the survey.

6. Discussion and Conclusion

To summarise, the proposed development would directly impact areas of scattered scrub, tall ruderal vegetation, species poor semi-improved grassland, scattered trees and bare ground all considered to be of low ecological value, offering limited opportunities to notable or protected species for the reasons outlined within this report.

No evidence of protected or notable species was found during the site visits and the habitats within the Site were unlikely to provide significant suitable habitat, for protected species. Although species such as reptiles, hedgehogs, birds and bats could on occasion pass through or forage within the Site, the proposed development was not expected to have a significant adverse impact on these animals. If left unmanaged, the Site has the potential to increase in value as succession continues and habitats become fully established.

The East Staffordshire County Council Planning Portal was accessed to ascertain the planning history of the Site. Previous Ecological Appraisals highlighted the value of the Site in terms of its potential to support reptiles. Subsequent detailed reptile surveys were undertaken in 2010, 2011 and 2014; no reptiles were found. Although the habitats on Site continued to offer foraging, shelter and hibernation potential, it was considered that the previous survey results were still valid as two years is the generally accepted time period for reliance on such results.

Updated detailed reptile surveys were therefore not considered necessary at the time of writing this report and recommendations for reasonable avoidance measures and sensitive working practices are provided in section 7 below in order to ensure the risk of killing or injuring reptiles, if present, is minimised.

The Staffordshire Biodiversity Action Plan (BAP) states that Burton-on-Trent falls into the category of an Urban Centre, a priority habitat, which has been assigned an Ecosystem Action Plan (EAP). The primary aim of the EAP is to provide semi-natural habitats within and around urban centres, including previously developed land, and to ensure development is sustainable and provides corridors for wildlife; connectivity through the Site should therefore be maintained in accordance with the EAP.

Current plans indicate that a large earth bund and acoustic fencing are to be installed along the north-west facing boundary, adjacent to the storage yard and railway line. In order to maintain connectivity and conform to local planning policies, a buffer to the Site should be incorporated within the earth bund upon which the acoustic fencing will sit, to allow for unrestricted movement along the railway line as it passes by the Site. A mapped proposed indicative buffer has been included below in the recommendation section of this report.

A small stand of cotoneaster, potentially a non-native species of the invasive garden shrub, was located adjacent to the residential property off Hawkins Lane. It was likely that this plant had spread from the garden of the property and had not been intentionally released on Site. Identification of this plant at an optimal time of year is required to inform whether the removal of this species from the Site is necessary. Additional recommendations and future planting and landscaping schemes which should only utilise native plant species, have been recommended below.

It was considered no further ecological surveys were necessary, with the exception of confirming the species of cotoneaster, provided that the recommendations, sensitive working practices and future enhancements outlined below could be achieved.


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7. Recommendations

Avoidance, mitigation and legal obligation

In order to develop the site, Ecolocation recommend the developer follow the advice set out in this “Avoidance, mitigation and legal obligations” section, to avoid harm or impact to legally protected and notable species and habitats on site, as outlined within The National Planning Policy Framework:

The National Planning Policy Framework paragraph 117 states that "To minimise impacts on biodiversity and geodiversity, planning policies should...promote the preservation, restoration and re-creation of priority habitats, ecological networks and the protection and recovery of priority species populations". In order to ensure no net loss of biodiversity in accordance with NPPF & Circular 06/2005 recommendations are made below:

Preservation of highest value habitats

o A permanent 5m retained buffer, represented below, between the storage yard, railway line and proposedSite boundary should be incorporated in order to maintain habitat connectivity across the Site, in line withthe Staffordshire and Burton-on-Trent EAP. The bund and fencing will form part of the buffer, with pipes atleast 13cm in diameter installed at intervals through the bund, providing unrestricted movement andadditional sheltering opportunities. This will allow for the dispersal and continued connectivity across theSite, in particular for reptiles, if present in the area.

5m Buffer Bund/Acoustic Fencing

Maintained connectivity & movement across boundary


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Suggested buffer, drainage ditch and bund with acoustic fencing.

Pipes installed cutting through the bund to allow free movement and sheltering opportunities for wildlife.

Buffer – 5-10m width

Reasonable avoidance measures

o Areas of tall ruderal vegetation should be strimmed to a height of no less than 5cm as this should deterspecies including reptiles from entering the Site.

o Any clearance works to the Site, including vegetation and spoil removal, should not be carried out intemperatures below 6°C or if there has been an overnight frost, due to the potential for reptiles, if present,to be hibernating on Site.

o If reptiles are found during clearance works, works should stop immediately andEcolocation or the local office of Natural England should be contacted for advice. Ifpresent on Site, a reptile mitigation strategy or detailed reptile surveys may benecessary for development to continue.


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o Any builders' compounds should be located at least 5m from vegetation and all storage must be on pallets to avoid the possibility of reptiles using these areas for shelter. Should any evidence of protected species be found on the Site before or during construction, works must stop and a suitably qualified ecologist should be contacted for advice on how best to proceed.

o The spoil and cleared scrub piles located across the Site should be carefully dismantled by hand as there is a medium potential for these features to be used as shelter by reptiles. If evidence of reptiles is found, works must stop and a suitably qualified ecologist should be contacted for advice on how best to proceed.

General recommendations

o A further check in spring is necessary to identify the species of cotoneaster and determine if it is non-native, if so it will require removal and special disposal to prevent it from spreading across the Site. The Environment Agency or local authority should be contacted on advice on how to appropriately dispose of non-native plant material.

o The development should be designed such that boundaries to gardens (rather than buildings) should run parallel with any proposed hedgerows or tree lines as indicated on ‘Proposed Site Layout’ drawing number 1452 revision B, in order to provide continued habitat and an undisturbed connective corridor to the railway line and through the wider landscape.

o All vegetation removal should be carried out outside of the nesting bird season (March to September inclusive) or alternatively the Site should be checked by a suitably qualified ecologist immediately prior to commencement of these works.

o If nesting birds are found to be present during works a 5m buffer of no disturbance must be maintained around the nest(s) until all of the young have naturally fledged.

o Lighting during works and permanent lighting once the development has been completed should be cowled to direct light towards the ground and away from potential bat foraging, commuting and roosting areas such as trees and hedgerows.

o Any fences which form part of the gardens of new properties should contain a 13cm x 13cm gap in one or more place along the base or within the gravel boards to ensure good connectivity between gardens allowing for use and movement through the Site by foraging hedgehogs.

o Any deep excavations, which will be left open overnight, will need to have sloping wooden boards placed in them to provide exit ramps for animals to escape.

o Should evidence of protected species, such as nesting birds or reptiles, be discovered during works

Ecolocation or the local office of Natural England should be contacted for advice on the best way to proceed.

o Should any non-protected species, such as hedgehogs be discovered on Site, these should be carefully moved from the development Site, unharmed, to an area to be left undisturbed by the works.


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Suggested enhancements

The National Planning Policy Framework paragraph 118 states that "Opportunities to incorporate biodiversity in and around developments should be encouraged". Therefore, additional recommendations for biodiversity enhancements across the Site are provided below:

o Native trees and shrubs should be used within any newly created landscape planting which may form partof communal areas or residential gardens. The planting of native species which are appropriate to thelandscape character may improve local species diversity as well as increase the potential for use of thedeveloped Site by wildlife.

o Planting could comprise species of low maintenance such as spindle (Euonymus europaeus),guelder rose (Viburnum opulous), dogwood (Cornus sanguinea), Mahonia japonica or privet(Ligustrum vulgare). Shrub planting could be combined with flowering and fruiting climbers suchas summer and winter jasmine (Jasminum officinale and nudiflorum), honeysuckle (Lonicera sp.),clematis and passion flower (Passiflora incarnata).

o Nest boxes for blackbirds (recorded on Site) such as those illustrated below could be provided on Site tomaintain and enhance breeding possibilities. Such nesting facilities should be sited away from roads,erected on any suitable proposed buildings and facing away from prevailing wind and rain.

o A small number of bat boxes, such as the Schwegler 1FF, for species such as pipistrelle (this species wasrecorded within a 1km radius of the Site) could be erected on trees and/or on proposed residentialdwellings, on a south-facing elevation just under the eaves or at the gable apex. Ecolocation can offerfurther advice on this if necessary.

o A number of hibernacula including log piles could be constructed and located within the proposed 5mbuffer between the railway line and earth bund as this will ensure places of shelter are available.

Schwegler 1FF

RSPB octagon 32mm nest box – wide range of garden birds

RSPB Open Fronted –blackbird, robin, wren, pied wagtail, spotted flycatcher


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8. References

Birds of Conservation Concern 3: The Population Status of Birds in the UK, Channel Islands and the Isle of Man (Various, 2009).

Birds of Northern Europe, 2010. Birdguides iPhone App.

BSI, 2012. Trees in Relation to Construction. BS 5837:2012.

Circular 06/2005 Biodiversity and Geological Conservation – Statutory Obligations and Their Impact Within the Planning System

Institute of Environmental Assessment, 1995. Guidelines for Baseline Ecological Assessment. London: E & FN Spon.

JNCC, 2004. Bat Workers Manual. 3rd edition.

JNCC,1993. Handbook for Phase 1 Habitat Survey: A technique for environmental audit. Peterborough: Joint Nature Conservation Committee.

MAGIC, 2013. Available from: http://www.magic.gov.uk/.

National Planning Policy Framework 2012.

Online Atlas of British and Irish Flora. Available from: https://www.brc.ac.uk/plantatlas/.

Rose, F., 2006. The Wildflower Key – How to identify wild flowers trees and shrubs in Britain and Ireland. 2nd edition. London: Warne.

RSPB. Available from: www.rspb.org.uk.

Stace, C., 1997. New flora of the British Isles. Cambridge: Cambridge University Press.

Staffordshire Ecological Record Centre

The Conservation of Habitats and Species Regulations, 2012.

UK BAP Priority Species and Habitats, available at: http://www.naturalengland.org.uk/ourwork/conservation/biodiversity/protectandmanage/prioritylist.aspx.

Wildlife & Countryside Act, 1981. HMSO (as amended).


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Appendix – Species List

Scientific Name Abundance DAFOR – D - dominant A – abundant F – frequent O – occasional R – rare, L - locally

Trees/Shrubs Birch sp. Betula sp. O Broom Cytisus sp. O Common hawthorn Crataegus monogyna O Cotoneaster species Cotoneaster sp. R Dog rose Rosa canina R Holly Ilex aquifolium R Willow sp. Salix sp. A

Herbs Blue fleabane Erigeron acer F Bracken Pteridium sp. O Broad-leaved dock Rumex obtusifolius F Common ragwort Senecio jacobaea F Common vetch Vicia sativa F Cow parsley Anthriscus sylvestris O Creeping cinquefoil Potentilla reptans R Creeping thistle Cirsium arvense F Dandelion Taraxacum officinale A Greater plantain Plantago major F Hedge bindweed Calystegia sepium F Horsetail species Equisetum sp. O Iris Iris sp. R Ivy Hedera helix F Meadow buttercup Ranunculus acris O Pampas grass Cortaderia sp. R Ragwort species Senecio sp. F Red clover Trifolium pratense F Red valarian Centranthus sp. F Ribwort plantain Plantago lanceolata F Sow thistle Sonchus sp. O Sweet pea Lathyrus sp. R Teasel Dipsacus fullonum O White clover Trifolium repens F Willowherb species Epilobium sp. O

Grasses, sedges and rushes Bent grasses Agrostis spp. O Cock's foot Dactylis glomerata F Meadow grasses Poa spp. F Tufted hair grass Deschampsia cespitosa F

Fauna Blackbird Turdus merula Gull Larus sp. Magpie Pica pica Wood pigeon Columba palumbus

ecological appraisal of land off hawkins lane burton-on-trent … application... · 2017. 8....

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