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Feniscliffe Ecology Survey Report Blackburn with Darwen Council October 2017

Feniscliffe Ecology Survey Report October 2017

Quality Management

Job No CS/093477-03

Project Feniscliffe Ecology Survey Report

Location Hillcrest Road, Blackburn, BB2 5LF

Client Blackburn with Darwen Council

Document Ref CS/093477-03-CAP-EBD-XX-

RP-V-0001

Issue / Revision 01

File reference S:\Projects\Homes for Older People (HfOP) - Feniscliffe Bank + Greenways

BwD\Feniscliffe Bank\E11 - Ecology Reports\CS Ecology Reports in

Progress\EXP1\2017\Feniscliffe Ecology Report October 2017_Issued .docx

Date October 2017

Prepared by Suzannah Forshaw ACIEEM,

Senior Ecologist

Signature (for file)

Authorised by Donna Hall MCIEEM, Principal

Ecologist

Signature (for file)

Revision Status / History

Rev Date Issue / Purpose/ Comment Prepared Checked Authorised

01 Nov 17 Updated Phase 1 DH TB TB


i

Contents

1. Summary 1

2. Introduction 2 2.1 Background 2 2.2 Survey Site 2

3. Legislation and Planning Policy 3 3.1 Legislation 3

4. Methods 6 4.1 Personnel & Quality Assurance 6 4.2 Survey and Report Objectives 6 4.3 Desk-Based Study 6 4.4 Habitat Survey 7 4.5 Bat Surveys 7 4.6 Evaluation Methods 9 4.7 Survey Constraints 10

5. Site Description 11 5.1 The Site 11 5.2 Site Context 11 5.3 Project Description 11

6. Results 12 6.1 Desk Study and Data Search 12 6.2 Habitat Survey 14 6.3 Biodiversity Habitats of Principal Importance 16 6.4 Protected Species Survey 17 6.5 Emergence Surveys 19 6.6 Biodiversity Species of Principal Importance 25 6.7 Non-Native Invasive Species 25

7. Interpretation and Advice 26 7.1 Overall Conclusion of Site Ecological Value 26 7.2 Protected Sites 26 7.3 Habitats 27 7.4 Protected Species 28 7.5 Non-Native Invasive Species 30

8. References 33

Figures Photograph 1: Survey site and indicative red line boundary 2 Photograph 2: Line of beech 14 Photograph 3: Amenity grassland 15 Photograph 4: Introduced shrub 15 Photograph 5 : Bat dropping beneath Western gable end 17 Photograph 6 : Bat dropping on east facing window 18


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Photograph 7 : Two bat droppings on the wall in the north western gable

end roof section 18 Photograph 8 : Approximate roof void and dropping locations 19 Photograph 9: Cotoneaster horizontalis 25

Tables Table 1: Guidelines for Assessing the Potential Suitability of Features to

Support Bat Roosts 9 Table 2: Local / National Importance of Habitats Found On / Adjacent to

the Site 16 Table 3 : Emergence Survey Results 30th August 2017 20 Table 4 : Emergence Survey Results 6th September 2017 21 Table 5 : Emergence Survey Results 21st September 2017 22 Table 6: SPI / LBAP Species that May Occur On / Immediately Adjacent to

the Site 25 Table 7: Recommended Seed Mix. 26 Table 8: Recommended Controls for Japanese knotweed 31 Table 9: Recommended Controls for Himalayan balsam 32

Appendices Appendix A : Survey Maps

Appendix B : Legislation and Licensing for Bats

Appendix C : Proposals for the Site

Appendix D : Pleasington Playing Fields South BHS


1 Summary

1

1. Summary

Capita Ecologists were commissioned by Blackburn with Darwen Council in September 2017 to

undertake surveys at Feniscliffe, including a former residential home for the elderly which has

been unoccupied since 2015. The surveys were undertaken to update existing habitat and bat

surveys undertaken at the site and to provide supporting information in respect of an outline

planning application for the future sale and development of the site for housing.

The initial building inspection, undertaken on 14th April 2014, found no evidence of roosting bats

but identified the main building as having moderate potential to support bats and, as such,

recommended that two emergence surveys be undertaken during the active season of May to

September 2014. The emergence surveys were undertaken on the 18th and 25th September

2014 with a further emergence survey undertaken on 15th October 2014. From the surveys, it

was concluded that the building was being used as a bat roost site. A maximum of three

common pipistrelle bats were recorded emerging from the building, from one location. The

majority of bat activity recorded on the site was from foraging and commuting noctule and

common pipistrelle bats.

As the proposed future use of the site would involve the destruction of a bat roost a European

Protected Species (EPS) Licence was applied for and a further two surveys were conducted in

July and August 2015 where no bats were seen to emerge. However, this licence has since

been withdrawn due to a lack of details about the future use of the site and planning permission.

Due to the lapse in time since these surveys, further bat surveys were commissioned this year

(2017) to determine the current use of the site by bats. During the survey, a small number of

common pipistrelle bats (maximum count of three) were seen to emerge at three separate

locations on different dates; as such the building is still in use as a bat roost by a small number

of common pipistrelle bats. If the building is to be demolished, it is recommended that a low

impact bat class licence is applied for by a suitably qualified and registered consultant from

Natural England in consultation with the developer.

An updated Extended Phase 1 habitat survey was also undertaken to include the revised

application boundary. The existing habitats surveyed in 2014 remain the same (amenity

grassland, buildings, hardstanding, introduced shrubs and scattered trees) although the

grassland sward height has increased due to lack of management. The habitats within the

revised application boundary consist predominantly of amenity grassland and scattered trees.


2 Introduction

2

2. Introduction

2.1 Background

Capita Ecologists were commissioned by Blackburn with Darwen Council in September 2017 to

undertake surveys at Feniscliffe, including a former residential home for the elderly which has

been unoccupied since 2015. The surveys were undertaken to update existing habitat and bat

surveys undertaken at the site and to provide supporting information in respect of an outline

planning for the future sale and development of the site for housing.

2.2 Survey Site

The survey site is Feniscliffe, located at Hillcrest Road, Blackburn, BB2 5LF. OS central grid

reference: SD 65834 26649.

Photograph 1: Survey site and indicative red line boundary


3 Legislation and Planning Policy

3

3. Legislation and Planning Policy

3.1 Legislation

Certain habitats and species are subject to protection in the UK under the following legislation. Those most relevant to the Feniscliffe site are listed below:

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

o Bats (see section 3.1.1)

• The Wildlife and Countryside Act 1981 (as amended):

o nesting birds, non-native invasive species.

• Natural Environment and Rural Communities (NERC) Act 2006

o Section 40 of the NERC Act places a statutory duty on public bodies, such as local authorities, that “every public body must, in exercising its functions have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity”.

o Section 41 of the NERC Act requires the Secretary of State to draw up a list of

Habitats and Species of Principal Importance which should be used to guide

decision makers (which include local authorities) in implementing their duty

under Section 40.

3.1.1 Bats

Bats receive protection in the UK as a result of both legislation and planning policies. This

section outlines the primary legislation protecting bats. All the information below is relevant to

this bat report and to the work proposed at the development site.

Bats are protected under Annex II of the EC Council Directive 92/43/EEC 1992 “Conservation of

Natural Habitats and Wild Fauna and Flora” (the Habitats Directive) as a European Protected

Species (EPS). This legislation has been transposed into UK legislation through the

Conservation of Habitats and Species Regulations 2010.

Regulation 41 of the Conservation of Habitats and Species Regulations 2010 (as amended)

makes it an offence to:

• Deliberately capture, injure or kill bats

• Deliberately disturb bats, or

• Damage or destroy a breeding site or resting place of a bat; this applies whether bats

are present or not (sheltering/breeding and resting places are generally referred to as

roosts).



4

With regards to the disturbance of bats, an offence includes (in particular) any disturbance that

is likely to impair their ability to survive, to breed or reproduce, to rear or nurture their young,

hibernate or migrate or to affect significantly the local distribution or abundance of the species

to which they belong.

In addition to the above protection, all bat species in the UK are protected under Schedule 5 of

the Wildlife & Countryside Act 1981 (as amended) which lists the following as additional

offences:

• Disturbance of an animal whilst it is occupying a place which it uses for shelter or

protection.

• Obstruct access to any structure or place which an animal uses for shelter or

protection.

In order to permit a development where the above offences are likely to be committed a

European Protected Species Licence can be obtained from Natural England where appropriate

mitigation is offered to offset the negative impacts to local bat populations. 3.1.1.1 Purpose of Legislation

The purpose of the legislation is to maintain and restore bat populations within their natural

range. This implies that the habitats on which they rely and the ecology of their life cycles

should not be compromised by human activities. Where activities have the potential to

compromise bat populations, measures are required to be put in place to avoid impacts or

compensate and mitigate for those impacts.

3.1.2 Planning Policy

In March 2012, the National Planning Policy Framework (NPPF) (Department for Communities

and Local Government, 2012) was published and replaced the previous detailed Planning

Policy Statement 9 (PPS9) although the guidance document ‘Planning for Biodiversity and

Geological Conservation: A Guide to Good Practice’ ODPM 06/2005 has not been replaced by

the Framework (Department for Communities and Local Government , 2005).

The NPPF promotes plan-making and decision-taking with a presumption in favour of

sustainable development. Sustainable development is achieved where developments are

designed to address the mutually dependent threads of sustainability: economic, social and

environmental needs. In terms of biodiversity, sustainable development should not only

achieve no net loss of biodiversity but incorporate proposals that achieve net gains for

nature alongside the other social and economic needs of society.

Protected sites and species are a material consideration in determining planning applications,

therefore all information relating to protected sites and species must be submitted with planning

submissions for determination of the whole application. The NPPF promotes the approval of

plans where applications can demonstrate that they are in accordance with up-to-date Local

Plans and have addressed material considerations.

3.1.3 Blackburn with Darwen Local Development Framework

The following policies are taken from the Blackburn with Darwen Borough Council’s Core

Strategy, part of the Local Development Framework and are relevant to the proposals at the

site:



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• Policy CS15: Protection and Enhancement of Ecological Assets

‘The Borough’s ecological assets will be protected, enhanced and managed with the aim of

establishing and preserving functional networks which facilitate the movement of species and

populations’, and ‘General habitats which may support species of principal importance either

for shelter, breeding or feeding purposes (both natural and built features), will be protected

from development, in accordance with the Environmental Strategy set out in Policy CS13.’

• Policy 9 – Development and the Environment, of the Blackburn with Darwen Local Plan Part

2 also states:

‘Development likely to damage or destroy habitats or species of principal importance,

Biological Heritage Sites, or habitats or species listed in the Lancashire Biodiversity Action

Plan will not be permitted unless the harm caused is significantly and demonstrably

outweighed by other planning considerations and an appropriate mitigation strategy can be

secured’

3.1.4 Biodiversity Policy

Section 41 of the NERC Act requires the Secretary of State to draw up a list of Habitats and

Species of Principal Importance which should be used to guide decision-makers (which include

local authorities) in implementing their duty under Section 40. Several species of bat are

considered Species of Principal Importance, an important factor when considering proposed

developments, in accordance with the Natural Environment and Rural Communities (NERC) Act

2006. That relevant to the Feniscliffe site is the common pipistrelle Pipistrellus pipistrellus.


4 Methods

6

4. Methods

4.1 Personnel & Quality Assurance

All fieldwork is carried out in accordance with current best practice guidelines under the

supervision of senior staff and appropriately licensed ecologists, Principal Ecologist Donna Hall

MCIEEM led the bat survey. Donna holds a Natural England Class 2 licence to survey for bats.

A number of ecologists and field assistants aided the bat surveys:

• Suzannah Forshaw ACIEEM, Suzannah holds a Natural England Class 2 survey

licence for bats.

• Neil Page MCIEEM

• Andrea Sarkissian ACIEEM

• Bev Plummer ACIEEM

• Dan Sutcliffe

4.2 Survey and Report Objectives

The surveys were carried out to fulfil the following objectives:

1. To identify any features on site with the potential to support bats

2. To identify the current use of the site by bats

3. To provide an assessment of the likely importance of the site for bats and bat

conservation

4. To identify potential impacts of the future use of the site on bats

5. To update the habitat survey and provide clear advice on any necessary mitigation and

enhancement proposals which will inform the outline planning application.

4.3 Desk-Based Study

A desk-based study was previously undertaken in 2014 to identify any existing records of

protected species, (including bats or their roosts within a 2 km radius of the site). Information

was previously obtained from Lancashire Environment Record Network (LERN) in relation to

local wildlife sites and existing records of bats or bat roosts records. This has not been updated.

The MAGIC online (MAGIC, 2017) resource was accessed for information on UK and European

protected sites and important sites, including:

• Ancient Semi-natural Woodland (ASNW);

• Areas of Outstanding Natural Beauty (AONB)

• Biological Heritage Site (BHS)

• Local Nature Reserves (LNR)

• Mapped Biodiversity Priority Habitats

• National Nature Reserves (NNR)

• Ramsar sites


4 Methods

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• Sites of Special Scientific Interest (SSSI)

• Special Protection Areas (SPA); and

• Special Areas of Conservation (SAC).

The following information sources were also reviewed:

• Lancashire LBAP website (Lancashire's Biodiversity Partnership, 2011); and

• Blackburn with Borough Council Local Plan and Core Strategy.

The above resources and Ordnance Survey maps were studied to locate and ponds or water

bodies within 500 metres (m) of the site.

4.4 Habitat Survey

The habitat survey consisted of an Extended Phase 1 Habitat Survey and was carried out during the daytime on the 9th November 2017. The weather conditions during the survey were dry and 13oC. The survey involved undertaking a detailed walkover across the site marked by the red line boundary at Figure 1. Observations of flora and fauna along with location and extent of habitats were noted. The site and its habitats were assessed for their potential to support protected and notable species. The presence of any non-native invasive species was also noted. The Extended Phase 1 Habitat Survey was conducted in accordance with the guidelines set out in the Handbook for Phase 1 Habitat Survey (JNCC, 2010). The extent of each observed habitat was mapped at Appendix A. Photographs are included in this report to illustrate the habitats descriptions.

4.5 Bat Surveys

4.5.1 Building Inspection

A building inspection was undertaken as part of the Extended Phase 1 Habitat Survey on 14th

April 2014. Details of how this survey was undertaken can be found in the Feniscliffe Bank

HfOP Extended Phase 1 Habitat Survey and Building Inspection (for bats) Report (Capita,

2014).

An updated external inspection of the building was undertaken on 18th September 2014 and an updated internal building inspection was undertaken on 15th October 2014. No updated internal inspection has been carried out to inform this report. The building is unoccupied and is boarded up.

4.5.2 Emergence Surveys - Bats Emergence surveys were undertaken on the 30th August and the 6th and 21st September 2017

with four surveyors present. Surveyor locations are indicated on the plans at Appendix A.

Surveyors were strategically positioned around the building focusing on areas where potential

access points had been identified during the building inspection and from the results of previous

surveys, so as to be able to observe any bats leaving their roosts.


4 Methods

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All observed bat passes were recorded on a detailed plan of the site; noting the time, the

location and, where possible, the direction of flight, species and behaviour of the bat (i.e.

commuting, foraging, social calling). Particular importance was placed on noting the location of

any points where bats were observed leaving or entering the building.

Surveyors were equipped with the following bat detectors:

• Pettersson D230 frequency division and heterodyne detector

• Anabat SD1 frequency division detector and PDA

• Batbox Duet frequency division and heterodyne detector

• Batbox Griffin time expansion detector

• Anabat Walkabout

The Pettersson Batbox Duet bat detectors were connected to digital recording devices (Edirol

and Zoom MP3 recorders) to record bat calls for later analysis of sonograms.

During the survey, the following details were noted:

• Weather and temperature

• Time bat detected/seen

• Frequency (Khz) at which the bat was detected

• Location within the survey area

• Whether bats emerged from or re-entered the building

• Location of bat emergence/re-entry

• Direction of flight

• Number of bats present

• Whether the bats appeared to be foraging or commuting

After completion of each survey session, digital bat recordings were analysed using Batsound

sonogram analysis software to confirm species identification and with Analook software to

analyse calls from the Anabat SD1 detector and Anabat Walkabout.

The emergence surveys commenced 15 minutes prior to sunset and continued for 1.30 hour

after sunset.

4.5.3 Tree Inspection All trees were inspected from ground level with the aid of close focus binoculars to inspect

crevices or cavities that were safely accessible from the ladder. Trees were assessed for the

presence of suitable roosting features (including holes in the trunk and lifted bark) and signs of

bat presence (including staining and scratch marks).

An LED Lenser P7 hand torch was used to aid visibility when inspecting potential bat roosting

features at near range.


4 Methods

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4.6 Evaluation Methods

4.6.1 Habitats and Species The ecological value of the site is evaluated against the following criteria:

1. Presence of statutory and non-statutory protected sites on or adjacent to the site

2. Presence or likely presence of protected species on or adjacent to the site

3. Presence of Species or Habitats of Principal Importance and UK and LBAP Priority Habitats and Species on or adjacent to the site

4. Habitat quality and condition; and

5. Presence of non-native invasive species.

The potential impacts of land use change on the nature conservation value of the site are

assessed using these criteria in combination with an ecological judgement of the likely impacts

on habitats and species of ecological value identified through the desk study and field surveys.

The Bat Conservation Trusts Good Practice Guidelines (Collins, J, 2016) are used as a basis to

evaluate buildings and trees for their potential to support bats.

The table below summarises the suitability of buildings and trees to provide potential roosting

locations for bats. The potential of landscape features is also included in the table and is used

to describe the suitability of the landscape for foraging and commuting bats.

Table 1: Guidelines for Assessing the Potential Suitability of Features to Support Bat

Roosts

Roost

Suitability

Qualifying Characteristics

Negligible Built structures and trees

No features that could be used by bats for roosting.

Landscape character

Lack of vegetation and foraging habitat within vicinity of the site and no connections

to semi-natural habitats. Site located in a highly urbanised environment.

Low Built structures and trees

Small number of potential roosting features that could be used by individual bats

opportunistically. However, the features do not provide appropriate conditions and/or

suitable surrounding habitat to be used on a regular basis.

Landscape character

Small amount of isolated habitat on site providing a potential foraging resource i.e. a

single tree or a patch of introduced shrub. Maybe linked to small amount of adjacent

semi-natural habitat surrounding site, however there are no distinct links to habitat

further away. May be used by small numbers of foraging bats

Moderate Built structures and trees

Several potential roosting features within built structure, but unlikely to support a

roost of high conservation status.


4 Methods

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Roost

Suitability

Qualifying Characteristics

Landscape character

Suitable foraging habitat on site such as tree and hedgerows with linear links to

wider landscape that could be used by bats for commuting to the wider landscape.

High Built structures and trees

Building offers a significant number of roosting features including gaps under roof

tiles, hanging tiles, gaps beneath weather boarding, soffits, barge boards and fascia,

holes in the wall and gaps in mortar, access points into large roof void, potential

roosting features for crevice and void roosting bats. Suitable surrounding habitat.

Features have the potential to be used by larger numbers of bats on a regular basis.

Landscape character

The site habitat is of high quality for foraging bats and includes features such as

woodland, tree lined water courses, field margins and hedgerows. The site is well

connected within the landscape to surrounding habitats and strong linear features

such as hedgerows and tree lines extend from the site to the wider landscape. Likely

to be regularly used by commuting bats. The site may also be close to and

connected to known roosts.

Confirmed

roost

Presence of field signs indicative of a bat roost including staining and scratch marks

around a potential roost entry point combined with the following; urine staining,

droppings clustered beneath a potential roosting feature and the presence of live or

dead bats.

4.7 Survey Constraints

Bat surveys have been limited to one visit during August and two visits during September.

Limiting the survey period to two months at the end of the bat active season does not take

account of bat activity throughout the entire active season for bats and during the hibernation

season. However, previous surveys have been conducted in July and August in 2015 (negative

results) and in September and October 2014 (positive results) as such it is felt that surveys to

date sufficiently cover the bats active season.

The optimum survey period for an Extended Phase 1 Habitat Survey is April to October,

inclusive. Whilst surveys may be conducted throughout the year, some flora and fauna species

may not be evident during surveys undertaken outside of the optimum survey period (due to

hibernation and dormancy). This survey was undertaken in November, which falls outside the

optimum survey period. However, it is felt that as the site consists of predominantly of amenity

grassland maintained as a short sward and that the initial survey was conducted in April that

this does not present a constraint to the assessment of the site.

If further surveys are required at a later date (for example when purchased by a developer) it is

advised that surveys are conducted in May and June, this applies to activity surveys for bats as

well as habitat surveys.


5 Site Description

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5. Site Description

5.1 The Site

The Feniscliffe site is located in the Parish of Feniscliffe, near to Pleasington in Blackburn,

Lancashire. The site is approximately 2.7 kilometres (km) to the southeast of Blackburn town

centre. The habitats on site consist of amenity grassland, buildings, introduced shrubs,

scattered trees and hardstanding.

5.2 Site Context

The site is situated within a residential area. The site is immediately bound to the east by a

minor road (Hillcrest Road), beyond which are two rows of terraced housing and Preston Old

Road (A674). The site is immediately bound to the south by semi-detached properties and a

residential garden, open grassland and scrub habitat. To the north is Tower Road and to the

west, the site is bound by Pleasington Field (North) Biological Heritage Site (BHS), but does not

fall directly within the BHS.

The proximity of the site to the BHS provides suitable connectivity for local bat populations to

access the site. The BHS contains mature woodland and extensive grassland that is suitable for

foraging bats. The River Darwen, which is a designated Greenspace Corridor in the Blackburn

with Darwen Local Plan (saved policy), is situated within 2 km of the site and is likely to provide

a suitable commuting and foraging corridor for local bat populations.

5.3 Project Description

It is understood that BWDBC wish to sell the land for future development and to submit an

outline planning permission. Proposals for the site are provided in Appendix C.


6 Results

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6. Results

6.1 Desk Study and Data Search

No updated data search has been requested as it is felt that this information would not have

changed significantly since the initial request. The results supplied below are from the desk

study conducted in 2014. However, an updated desk study has been conducted on the MAGIC

online resource.

6.1.1 Protected sites There are two statutory designated sites present within the 2 km radius study area. These are:

• Pleasington Old Hall Woods LNR, situated 1.0 km north west of the site.

• River Darwen Parkway LNR, situated 1.9 km east of the site.

There are several non-statutory designated sites within the 2 km radius study area. The closest

of these is Pleasington Playing Fields (south) BHS, situated adjacent to the site (refer to the

plan in Appendix D).

Others include:

• Billinge and Yellow Hills BHS, situated approximately 1.37 km north of the site.

• River Darwen Field BHS, situated approximately 1.35 km south west of the site.

• The Roughs BHS, situated approximately 1.93 km west of the site.

• Whinney Bank and Feniscowles Woods BHS, situated approximately 2 km south west

of the site.

• Moulden Banks BHS, situated approximately 2 km south west of the site.

• Maiden House Wood BHS, situated approximately 1.77 km north west of the site.

• Maiden House (Trout Brook) Grassland and Flushes BHS, situated approximately 1.70

km north west of the site.

6.1.2 Ancient Woodlands There are no areas of ancient woodland present within the 2 km radius study area.

6.1.3 Biodiversity Priority Habitats The following four BAP Priority Habitats are recorded (MAGIC) for the 2 km radius study area:

• Fens

• Lowland heathland

• Deciduous Woodland.

6.1.4 Wildlife Corridors/Landscape Connections The River Darwen, which is situated 250 metres (m) north west of the survey site, is classified

as a Greenspace Corridor under Policy LNC4 (Blackburn with Darwen Local Plan).

6.1.5 Waterbodies There are no ponds on site. There are three waterbodies (identified from available OS maps

and satellite imagery) present within a 500m buffer of the red line boundary. These are two

ponds that are situated approximately 350 m and approximately 400 m to the north west of the

survey site and the River Darwen. The River Darwen lies between the ponds and the site.


6 Results

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6.1.6 Protected Species

6.1.6.1 Badger Meles meles

The Lancashire Environment Record Network (LERN) data search included no badger records

for the 2 km radius study area.

6.1.6.2 Bird Species

The following notable bird species are recorded (on MAGIC) within the 2 km radius study area:

• Curlew Numenius arquata.

• Grey Partridge Perdix perdix.

• Lapwing Vanellus vanellus.

• Redshank Tringa tetanus.

The following records of bird Species of Principle Importance (NERC Act 2006) were obtained

from LERN for the 2 km radius study area:

• Hawfinch Coccothraustes coccothraustes.

• Lapwing.

• Lesser Redpoll Carduelis cabaret.

• Reed Bunting Emberiza schoeniclus.

• Skylark Alauda arvensis.

• Wood Warbler Phylloscopus sibilatrix.

6.1.6.3 Great Crested Newt Triturus cristatus

There are no records of great crested newt present within the 2 km radius study area.

6.1.6.4 Invertebrate Species

The following records of invertebrate Species of Principle Importance (NERC Act 2006) have

been recorded within 2 km of the site between 2004 and 2010:

• Ear Moth Amphipoea oculea

• Mouse Moth Amphipyra tragopoginis

• Dark Brocade Blepharita adusta

• Mottled Rustic Caradrina morpheus

• Small Square-spot Diarsia rubi

• Spinach Moth Eulithis mellinata

• Ghost Moth Hepialus humuli

• Rosy Rustic Hydraecia micacea

• Dot Moth Melanchra persicariae

• Powdered Quaker Orthosia gracilis

• Buff Ermine Spilosoma luteum

• Sallow Xanthia icteritia

6.1.6.5 Reptile Species

The LERN data search included one reptile record for the 2 km radius study area. The record,

dated June 2008, was for a slow worm Anguis fragilis that was recorded at Moulden Banks

(Grid Ref:SD6455925109), 2 km from the site.


6 Results

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6.1.6.6 Bats

The LERN data search included one bat roost record for the 2 km radius study area. The record

(bat droppings at building on Old Hall Lane), dated 24/06/2013, was for an unidentified

Chiroptera bat species that was recorded at SD64432680, 1.41 km from the site. Full

information of the desk study undertaken at the site can be found in the Feniscliffe Bank HfOP

Extended Phase 1 Habitat and Building Inspection (for bats) Report (Capita, 2014).

In addition, during inspections conducted in respect of the initial scheme proposals and bat

licence application, evidence of bats (droppings) were recorded within the sports pavilion

located within the park.

6.2 Habitat Survey

6.2.1 Hardstanding The hardstanding on site consists of a car park, a patio area and walkways and are associated

with the former residential care home for the elderly.

6.2.2 Scattered Trees Scattered trees are associated with the landscaping within the grounds of the former nursing

home and are located predominantly to the west of the site with some also located on the

eastern boundary. The species present include: cherry Prunus sp., beech Fagus sylvatica,

whitebeam Sorbus sp. and a dead silver birch Betula pendula.

Tree planting is also present to the north of the site along Tower Road and consists of

hornbeam Carpinus betulus and tulip tree Liriodendron tulipifera. To the west of this tree line is

a line of immature beech (Photograph 2 below and Target Note 1).

Photograph 2: Line of beech

Tree planting also occurs to the west of the site associated with the adjacent BHS (Target Note

2). Species noted include ash Fraxinus excelsior, sycamore Acer pseudoplatanus, horse-

chestnut Aesculus hippocastanum, Norway maple Acer platanoides, downy birch Betula

pubescens and oak Quercus petraea.

A line of trees occurs to the south beyond the application boundary within an adjacent garden

(Target Note 3). Species include oak, birch and leylandii.


6 Results

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6.2.3 Amenity Grassland Amenity grassland is present across the majority of the site maintained as a short sward. The

grassland within the grounds of the former residential home is unmanaged and has a longer

sward height. The species mix includes perennial rye-grass Lolium perenne, cocksfoot Dactylis

glomerata, dandelion Taraxacum agg., dock Rumex obtusifolius, white clover Trifolium repens,

buttercup Ranunculus sp., daisy Bellis perennis and lady’s mantle Alchemilla sp. There is also

an area of wetter grassland located to the south west of the site (within the confies of the

nursing home) where sedge (Carex sp.) is present.

Photograph 3: Amenity grassland

6.2.4 Introduced Shrub Introduced shrub is located around the former nursing home in the form of raised beds and

flower beds. The species present include daffodil Narcissus sp., thistle Cirsium sp., geranium

Geranium sp., bittercress Cardamine sp., lady’s mantle, dandelion and rose Rosa sp.

Photograph 4: Introduced shrub

6.2.5 Scrub and Tall Ruderal Scrub is present on site around the garage building associated with the nursing home. The

species consist of a group of cherry trees (two of which are dead), bramble Rubus fruticosus,

ivy Hedera helix, cotoneaster Cotoneaster sp., nettle Urtica dioica and elder Sambucus nigra.

There are areas of scrub and tall ruderal habitat to the west of the site. Species noted include

bramble, broadleaved willowherb Epliobium montanum, nettle and Himalayan balsam Impatiens

glandulifera Target Note 4 (refer to section 6.7).

A large stand of the non-native invasive species Japanese knotweed Fallopia japonica occurs

outside the site boundary (Target Note 5).


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6.2.6 Buildings The buildings on site consist of the disused 1960s residential home and a detached garage of a

similar age. Section 6.4.2 includes greater detail and the results of the building inspection.

6.3 Biodiversity Habitats of Principal Importance

Table 2 lists the habitats found within or adjacent to the site boundary and whether these

habitats are listed as Habitats of Principal Importance in England and as Priority Habitats under

the Lancashire LBAP.

Table 2: Local / National Importance of Habitats Found On / Adjacent to the Site

Habitat Habitat of Principal

Importance

LBAP

Amenity Grassland x Amenity Grassland and Sports Fields

Introduced Shrub x x

Scrub x x

Woodland Lowland

Deciduous

Woodland

Community Woodlands, Orchards, Street

Trees, Shrubberies and Shelterbelts

Buildings x New and Existing Built Structures

Hardstanding x x

Scattered Trees x Community Woodlands, Orchards, Street

Trees, Shrubberies and Shelterbelts

Listed as national/local Habitats of Principal Importance/BAP species.

x Not listed as Habitats of Principal Importance/BAP species.


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6.4 Protected Species Survey

Based on a judgement of the local distribution of species and the habitats present on the survey

site, the site has the potential to support the species listed in the sections below.

6.4.1 Nesting Birds The mature trees, scrub and shrubs present on site provide suitable habitat to support nesting

and foraging birds.

6.4.2 Bats

6.4.2.1 Building Inspection

No updated internal inspection has been carried out during the surveys in 2017. An updated

external inspection was undertaken, no evidence of bats was noted. The building is now

boarded up and is currently unoccupied. Numerous potential features were noted under which

bats could roost or access the building, which includes:

• Under roof tiles

• Under drip edges and fascia boarding

• Under lead flashing

• Behind boarding

• Holes in the brickwork

• Broken soffits

Results of the original building inspection undertaken for bats, on the site can be found in

Feniscliffe Bank HfOP Extended Phase 1 Habitat and Building Inspection (for bats) Report

(Capita, 2014).

The updated external building inspection which was carried out on the 18th September 2014,

recorded two bat droppings present on the external areas of the building.

Photograph 5 : Bat dropping beneath Western gable end

Photograph 5 shows a bat dropping present on the ground, beneath the western gable end at

the north east wing of the building. There is a gap underneath the soffit board directly above the

location of the dropping.


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Photograph 6 : Bat dropping on east facing window

A second dropping was found on a window ledge at the front (east) of the building (Photograph

6).

The updated internal building inspection which was carried out on the 15th October 2014,

recorded bat droppings on the north western gable end section of the building, in the partitioned

section of the roof space (roof section 1, Figure 8). Two were stuck to the wall (Photograph 7)

and at least 3 more were found on the floor in this area.

Photograph 7 : Two bat droppings on the wall in the north western gable end roof

section


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Photograph 8 : Approximate roof void and dropping locations

6.5 Emergence Surveys

Three emergence surveys were undertaken on the 30th August, 6th and 21st September.

The rear of the site (west) is generally unlit at night with no lights associated with the majority of

the buildings. The front of the site is partially lit by streetlamps located on Hillcrest road.

6.5.1 Emergence Survey – 30th August 2017 The survey commenced at 19:45 BST and ended at 21:30 BST. Sunset was at 20:05. The

weather conditions during the survey were as follows:

Start of survey:

• Temp: 15.5oC

• Humidity: 60%

• Wind speed: 0 m/s

• Cloud cover: 5%

End of survey:

• Temp: 14oC

• Humidity: 62%


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• Wind speed: 0 m/s

• Cloud cover: 0%

Weather conditions throughout the survey are considered optimal for bat emergence surveys.

Table 3 : Emergence Survey Results 30th August 2017

Time Species Activity Description

20:15-

2017

Common pipistrelle 3 bats seen to emerge from corner of west side of

building (Appendix A)

20:20 Common pipistrelle Heard not seen

20:23 Common pipistrelle 2 bats continually circling in patio area adjacent to the

conservatory close to where bats emerged from.

20:24 Common pipistrelle Commuting south end of the building

20:26 Common pipistrelle Commute over building from west to east

20:28 Noctule Commuting from north to south and foraging high up

20:30 Noctule Commuting west to east

20:30 Common pipistrelle Commuting west to east

20:32 Noctule Commuting west to east

20:32-

20:40

Common pipistrelle Continuous foraging in patio area adjacent to the

conservatory close to where bats emerged from.

20:37 Common pipistrelle Foraging around the vegetation to the west of the

building and in adjacent field

20:39 Common pipistrelle Foraging in front of building east side

20:40 Common pipistrelle 2 bats potential emergence from under boarded

windows (Appendix A)

21:00 Common pipistrelle Foraging in front of building east side and over grass

21:01 Common pipistrelle Heard not seen, social calls

21:03 Common pipistrelle Commute east to west

21:06 Common pipistrelle Commute over building and foraging

21:07 Common pipistrelle Heard not seen, east side of building x 2 passes

21:08 Common pipistrelle Heard not seen, foraging

21:09 Common pipistrelle Social calls, foraging and commuting south to north

21:09 Common pipistrelle Foraging from amenity grassland to the north to east

side of building

21:10 Common pipistrelle Heard not seen, foraging

21:11 Common pipistrelle Social calls

21:12 Common pipistrelle Foraging near north gable end




21:16 Common pipistrelle Foraging down street


Survey end 21:30


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6.5.2 Emergence Survey –6 th September 2016 The survey commenced at 19:30 BST and ended at 21:00 BST. Sunset was at 19:49. The


Start of survey:

• Temp: 14oC

• Humidity: 66%

• Wind speed: 1.0 m/s

• Cloud cover: 100%

End of survey:

• Temp: 13 oC

• Humidity: 62%




Table 4 : Emergence Survey Results 6th September 2017


20:02

–

20:09

Common pipistrelle Continual foraging at the rear of the building (west)

around garden area.

20:08 Common pipistrelle Heard not seen to the west gable end

20:09 Noctule Heard not seen over head

20:10 Common pipistrelle Foraging near to south end of building

20:11 Common pipistrelle Heard not seen to the west gable end

20:14 Common pipistrelle Commuting near south end of building

20:14 Common pipistrelle Commuting east to west at the north end of the building

20:15 Common pipistrelle Foraging around vegetation to the north end of the

building

20:16 Common pipistrelle Heard not seen, south end of building

20:16

–

2017

Common pipistrelle Foraging activity in the garden area

20:18 Common pipistrelle Foraging near to south end of building

20:19 Common pipistrelle Foraging in field to the west

20:01 Common pipistrelle A single bat seen to emerge from the north west

gable end near missing roof tile (Appendix B)

20:12 Common pipistrelle Heard not seen, north west gable end

20:24 Common pipistrelle Foraging west to east across north end of building

20:25 Common pipistrelle Foraging to north end of the building then flew over

roof due south

20:26

–

20:45

Common pipistrelle Flew over roof south to north, lots of foraging activity

east to west over vegetation

20:31 Common pipistrelle Heard not seen at the west of the building

20:34

–

21:00

Common pipistrelle Regular foraging activity at the south end of the

building x 1 bat.

20:41 Common pipistrelle Foraging along boundary fence to the west


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20:49 Common pipistrelle Social calling at the west side of the building



20:58 Common pipistrelle Social calling at the west side of the building

Survey end 21:00

6.5.3 Emergence Survey – 21st September 2017 The survey commenced at 19:00 BST and ended at 20:40 BST. Sunset was at 19:10. The


Start of survey:

• Temp: 16.0oC

• Humidity: 77.0%

• Wind speed 0.0 m/s


End of survey:

• Temp: 11 oC

• Humidity: 79%




Table 5 : Emergence Survey Results 21st September 2017


19:24 Noctule Commuting overhead

19:27 Noctule Commuting overhead

19:29 Common pipistrelle A single bat was seen to emerge from the south

west of the building (Appendix A)

19:29 Common pipistrelle Continual foraging in patio area at the back of the

building, west.

19:29

–

19:35

Common pipistrelle Continual foraging in patio area at the back of the

building, west.

19:34 Common pipistrelle Foraging along front of building

19:38 Common pipistrelle Flew from garden area towards building, west to east


19:39 Common pipistrelle Foraging around northern gable end

19:40 Common pipistrelle Foraging in corner near patio then flew off due west

19:42 Common pipistrelle X 2 bats foraging in corner over patio one flew over the

top of the building due east, the other due south along

the back of the building

19:44 Common pipistrelle Constant foraging at the front of the building

19:45 Common pipistrelle Foraging activity and then flew over the building west

to east


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19:46 Common pipistrelle X 2 passes foraging at back of the building over garden

area

19:46

–

19:49

Common pipistrelle Foraging along front of building

19:48 Common pipistrelle Foraging at back of the building over garden area

19:51 Common pipistrelle x 2 passes. Foraging at back of the building over

garden area

19:52 Common pipistrelle Foraging around grass at front of building

19:54-

20:01

Common pipistrelle x 6 passes. Foraging at back of the building over

garden area


20:01 Common pipistrelle Foraging along front of building south to north

20:02 Common pipistrelle 2 x foraging towards playing field south to north

20:04 Common pipistrelle X 1 foraging over tree in garden and social calls

20:05 Common pipistrelle X 1 foraging in field and social calls x 2 passes

20:05 Common pipistrelle Heard not seen front of building

20:08 Common pipistrelle Heard not seen front of building

20:08-

20:09

Common pipistrelle Foraging at the back of the building and social calls


20:11 Common pipistrelle Foraging at the back of the building and social calls

20:12

–

20:15

Common pipistrelle X 3 passes, heard not seen along front of building

20:13

–

20:40

Common pipistrelle Continual foraging and social calls at the rear of the

building around garden area.

Survey end 20:40

6.5.4 Summary of Activity Surveys Two species of bat were recorded during the survey, noctule and the common pipistrelle. The

majority of activity was from the common pipistrelle with a few bats regularly commuting and

foraging around the building.

Common pipistrelle bats were seen to emerge from the building during all surveys, with a

maximum count of three bats, all bats emerged from the west (rear) side of the building.

6.5.5 Description of Bat Roosts The building is confirmed in 2017 as still being used by bats for roosting. The following

information details their locations and characterises the roost; this information would be

necessary to inform any future compensation or mitigation required as a result of the demolition

and future development of the site.

It is assessed that the Feniscliffe Bank building contains a transitional/occasional bat roost used

by a small number of common pipistrelle bats.


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Three (possibly four) exit locations were observed. One of these is on the northwest elevation

gable end which is where bats were seen to emerge during the surveys conducted in 2014.

Others are located on the west side of the building associated with the roof section above the

patio area and to the south end. It is likely that they are roosting behind roof tiles, weather

boarding and lead flashing.

The internal roof void measures 3.1 m high x 7.5 m wide, extends the entire area of the double

pitched roofing and has been partitioned with plasterboard and crawl-through fire doors. The

building is currently vacated and unheated.

The void is lined internally with membrane that is torn in several places and loft insulation is

present throughout. The void contains a simple king post timber truss and a ridge beam.

The roof is partitioned by wooden boarding. The dimensions of the roof void sections at

Feniscliffe Bank are detailed below (numbers indicated as on Figure 5):

Roof void section 1

• Width: 2.6 m

• Length: 3.8 m

• Height: 3.1 m (at apex)

Roof void section 2

• Width: 8.5 m

• Length: 12.3 m

Roof void section 3

• Width: 8.5 m

• Length: 16 m

Roof void section 4

• Width: 8.5 m

• Length: 20.1 m

Roof void section 5

• Width: 8.5 m

• Length: 10.7 m

Roof void section 6

• Width: 8.5 m

• Length: 10.3 m

6.5.6 Area surrounding the roosts The surrounding habitat has good potential for foraging and commuting bats. The site presents

good connectivity to the Pleasington Field North (BHS) and The River Darwen, which will also

provide suitable habitat for foraging and commuting bats.

At the time of the survey, no trees were identified as having the potential to support bat roosts.


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6.6 Biodiversity Species of Principal Importance

Table 6 details the species of local and national importance likely to occur on or adjacent to the

site that are listed as Species of Principal Importance in England or as Priority Species under

the Lancashire LBAP.

Table 6: SPI / LBAP Species that May Occur On / Immediately Adjacent to the Site

Species Species of Principal

Importance Lancashire LBAP

Bats

Brown long-eared, whiskered,

Brandt’s, Natterer’s,

Daubenton’s, Noctule, Common

pipistrelle, Soprano pipistrelle

House sparrow Passer domesticus x

Bullfinch Pyrrhula pyrrhula x

Starling Sturnus vulgaris x

Song thrush Turdus philomelos Listed as national/local BAP species , not listed as BAP species x.

6.7 Non-Native Invasive Species

Cotoneaster horizontalis, which is listed as a non-native invasive species under Schedule 9 of

the Wildlife and Countryside Act (as amended), is present on site. It is located within an

introduced shrub border on the western side of the main building (Grid Ref: SD 65826 26617.

Photograph 9: Cotoneaster horizontalis

Himalyan Balsam is present to the west and south of the site just outside the application

boundary but within the boundary of the BHS (Target Note 4).

A clump pf Japanese knotweed is present to the south of the site, outside of the site application

boundary but within the boundary of the BHS (Target Note 5).


7 Interpretation and Advice

26

7. Interpretation and Advice

The following provides interpretation of the value of the biodiversity found on site (to date) and

recommendations in relation to methods of working in order to limit the development’s impacts

on biodiversity. In addition, biodiversity enhancement measures are provided that, if adopted,

would contribute to the sustainability of the development in line with the NPPF and the

conservation of biodiversity, locally.

7.1 Overall Conclusion of Site Ecological Value

The site’s biodiversity value is largely attributed to the following:

1. Close proximity to Pleasington Playing Fields (south) BHS

2. Presence of LBAP Habitats in the form of Amenity Grassland, Scattered Trees and

Buildings.

3. Presence of foraging and shelter habitat for both nesting birds and roosting bats

(European Protected Species, UK BAP and LBAP species).

4. Presence of protected species in the form of roosting bats.

7.2 Protected Sites

There are ten non-statutory BHS situated within 2 km of the site. The closest, Pleasington

Playing Fields (south) BHS, lies directly adjacent to the western boundary. It is considered that

future work on the site could affect this BHS and any future proposals should incorporate

measures to protect the BHS and native planting and landscaping to encourage and maintain

wildlife connectivity. This could be achieved by sensitive planting and a reduced mowing regime

to the north of the site area (retained as open space as shown on the proposals in Appendix

C.).

Species mixes could include the following:

Table 7: Recommended Seed Mix.

Festuca rubra ssp litoralis (Slender Creeping Red Fescue)

Cynosurus cristatus (Crested Dog’s tail)

Agrostis capillaris (Common Bent)

Dactylis glomerata (Cocksfoot)

Festuca pratensis (Meadow Fescue)

Trisetum flavascence (Golden Oat Grass)

Anthoxanthum odoratum (Sweet Vernal Grass)

Plantago Ianceolata (Ribwort Plantain)

Achillea millefolium (Yarrow)

Centaurea nigra (Common Knapweed)



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Filipendula ulmaria (Meadow Sweet)

Galium verum (Lady's Bedstraw)

Leucanthemum vulgare (Ox-Eye Daisy)

Prunella vulgaris (Selfheal)

Ranunculus acris (Meadow Buttercup)

Ranunculus bulbosus (Bulbous Buttercup)

Agrimona eupatorium (Agrimony)

Leontodon hispidus (Rough Hawkbit)

Rhinanthus minor (Yellow Rattle)

Lotus corniculatus (Common Birdsfoot Trefoil)

Sanguisorba minor (Salad Burnet)

7.3 Habitats

7.3.1 Hardstanding The hardstanding has no features of biological importance/value.

7.3.2 Amenity Grassland The amenity grassland is recognised as Lancashire BAP Habitat Amenity Grassland and Sports

Fields (Lancashire's Biodiversity Partnership, 2011). Although frequently mown it provides

foraging habitat for bird and invertebrate species.

In order to maximise the biodiversity potential and value of the grassland, the following is

recommended that, where amenity grassland is retained, a less intensive mowing regime

should be adopted that will, over time, increase the diversity of the grassland. Two cuts per year

should be undertaken in early spring and late summer and all arisings are removed from the

grassland after approximately one week. Species as indicated in Table 7 should be considered

in species mixes.

If this grassland management is adopted, it will contribute towards the objectives of the

Lancashire BAP.

7.3.3 Introduced Shrub Introduced shrubs provide shelter and foraging opportunities for invertebrate species. It is

recommended that, where possible, the introduced shrubs are replaced with native pollen-rich

species of local provenance.

7.3.4 Scattered Trees Scattered trees are recognised as a Lancashire BAP habitat under Community Woodlands,

Orchards, Street Trees, Shrubberies and Shelterbelts (Lancashire's Biodiversity Partnership,

2011). Where possible, all trees on site should be retained and protected during site clearance

and construction activities. If this is achieved, it will contribute to the LBAP.



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Any trees to be retained that are in close proximity to construction activities should be protected

in order to prevent damage (including roots). Works in close proximity to trees should adhere to

BS 5837:2012 Trees in Relation to Design, Demolition and Construction - Recommendations.

Where trees are to be felled, it is recommended that they are removed outside of the breeding

bird season of March to August, inclusive. If trees are to be removed within the breeding bird

season, a suitably qualified ecologist will be required to perform a check to ensure there will be

no disturbance to nesting birds prior to any affecting works.

Any trees that are to be planted should include native species of local provenance. Newly

planted trees will contribute to the Lancashire BAP habitat Community Woodlands, Orchards,

Street Trees, Shrubberies and Shelterbelts.

7.4 Protected Species

7.4.1 Nesting Birds Nesting birds are protected under the Wildlife & Countryside Act 1981 (as amended) and it is an

offence to disturb birds and/or their nests during the breeding season.

7.4.1.1 Recommendations, Mitigation and Compensation

Should future development entail the removal of existing vegetation, it is recommended that any

vegetation suitable for nesting birds be removed outside of the breeding season of March to

August, inclusive. If this is not possible, the vegetation will need to be checked by a suitably

qualified ecologist for the presence of nesting birds immediately prior to any affecting works. If

active nests are found on site, all affecting works must cease and an appropriate buffer

established between the works and the nest until the young have fledged.

The following measures should be adopted within the scheme to benefit bird populations:

• The incorporation of appropriate bird boxes (including a mixture of open-fronted,

closed-fronted and multi-use boxes) in to the finished design; and

• The planting of additional trees and shrubs across the site to replace any lost during

site redevelopment works. The new planting should include native species of local

provenance. Hedgerow and fruiting species, such as common hawthorn, blackthorn,

elder, holly, hazel, oak, wild cherry and crab apple should be considered to provide a

wide range of opportunities for bird species throughout the year.

7.4.2 Bats

7.4.2.1 Advice

It is advised that bats and their roosts are protected under the Conservation of Habitats and

Species Regulations 2010 (as amended) and the Wildlife & Countryside Act 1981 (as

amended).

It is advised that it is illegal to deliberately/intentionally: kill, injure or take a bat; damage,

destroy or obstruct access to any place that a bat uses for shelter or protection (this is taken to

mean all bat roosts whether bats are present or not); and disturb a bat while it is occupying a

structure or place that it uses for shelter or protection.



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It is advised that the scheme will need to be designed to avoid impacts to bats and their roosts

or incorporate working methods and mitigation to minimise impacts to bats and retain or create

roosting features at the site or adjacent to the site sufficient to support the existing or potential

(due to surveys conducted late in the season) population of bats.

It is advised that as the demolition of the building will result in disturbance to bats and the

destruction of all roosts recorded at the site, the demolition of the building and future

redevelopment of the site will need to be covered by a European Protected Species Mitigation

Licence to derogate from the legislation protecting bats.

It should be noted that licences cannot be obtained unless accompanied by planning

permission, with all planning matters and/or conditions relating to wildlife resolved.

7.4.2.2 Direct Impacts

Destruction of an existing common pipistrelle bat roost. Possible harm and disturbance to

common pipistrelle bats during demolition.

7.4.2.3 Indirect Impacts

Low negative impact to local populations of common pipistrelle bats due to the small number of

bats and the type of roost to be lost.

7.4.2.4 Licensing Requirements

As a bat roost has been identified on the Feniscliffe Banks nursing home a low impact bat class

licence will need to be applied for by a suitably qualified and registered consultant from Natural

England in consultation with the developer prior to commencement of the demolition to permit it

to proceed legally.

To secure the successful application of an EPS Licence the “three tests” under the Habitats

Regulations must be satisfied (specified in Appendix B of this report).

The licence is applied from Natural England for by the landowner/occupier, with assistance from

an appointed ecologist who should hold a Natural England Science & Education Bat Survey

Licence and have sufficient experience to advise the client on suitable measures to mitigate for

impacts from development.

The licence application consists of an Application Form, Reasoned Statement and Method

Statement (2 parts). The Method Statement, usually written by the appointed ecologist, must

contain details of the project impacts to bats and their roosts and how these will be managed to

avoid unnecessary damage and destruction to the roosts or disturbance or injury to the bats

themselves.

The overall mitigation will need to include compensation for the loss of the roost (i.e.

replacement roost as near to the existing roost (in location and character) as possible), habitat

enhancement and mitigation for disturbance throughout the project.

7.4.2.5 Recommendations, Mitigation and Compensation

Prior to the commencement of works, an EPS Low Impact Class Licence for bats is

required, the conditions of which must be adhered to at all times. The application for a

mitigation licence will need to include full details of all impacts on bats and bat roosts, as well as

the mitigation proposed to address all the impacts. As a guide, it is likely that the method

statement will include the following:



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• Limit potential for disturbance and harm to bats by precautionary methods of working

including:

i. Licensed ecologist’s supervision and careful timing of activities.

ii. Toolbox talk given to contractors prior to works commencing. This will

ensure that people working on the project are aware of the legislation and

their obligations regarding bats.

iii. Any features capable of supporting roosting bats should be dismantled by

hand, where practicable, to avoid harm to bats. Materials should be

inspected for bats before being discarded.

• The mitigation for the destruction of the bat roost is likely to include:

i. The design and provision of a suitable permanent alternative roost site prior

to the disturbance or demolition of the buildings, for example, the

installation of bat boxes on trees and integrated bat boxes in any new

buildings.

• Lighting schemes of any new developments on the site should include:

i. Low-level, directional lighting, directed to where it is needed and light

spillage avoided. This can be achieved by the design of the luminaire and

by using accessories such as hoods, cowls, louvers and shields to direct

the light to the intended area only.

ii. LED lighting or low-pressure sodium lamps with UV filters should be used.

iii. The height of lighting columns, if required, should be as short as possible,

as light at a low level reduces the ecological impact (limited to less than 8

m).

iv. Where reasonably practicable, lighting should be timed so that it is

switched off after sunset during the bat active season (May-September,

inclusive).

• Vegetation on site should be retained, where possible to maintain foraging and

commuting habitat for bats, if this is not possible:

i. Planting of additional trees, using locally native species, such as English

oak, alder, silver birch and ash should be included in the landscape design.

7.5 Non-Native Invasive Species

Cotoneaster horizontalis is present on the site within the confounds of the nursing home, in

addition Himalyan balsam and Japanese knotweed are present in close proximity to the

application boundary but are not directly within the current boundary.

These species are listed under Schedule 9 of the Wildlife & Countryside Act 1981 (as amended)

and it is an offence to “plant or otherwise cause [it] to grow in the wild”. As such, on site working

methods will need to be managed to ensure these species are not spread by redevelopment

activities (including on machinery or site staff, etc).



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It is advised that site staff are informed of the presence of the non-native invasive species and

Toolbox Talks and information sheets are placed within site offices.

It is recommended that, if any Cotoneaster horizontalis is present within areas to be affected by

future works, it must be eradicated prior to commencement. Post-development, the areas

affected should be monitored regularly for the colonisation of Cotoneaster horizontalis and/or

other invasive non-native species. If any Cotoneaster horizontalis becomes established post-

development, it must be eradicated through appropriate treatments.

If the works are likely to impact upon Himalayan balsam and Japanese knotweed the following

treatment methods detailed in Tables 8 and 9 are provided as an overview; a specialist

contractor should always be employed and consulted prior to treatment to identify the most

suitable method for particular cases.

Table 8: Recommended Controls for Japanese knotweed

Methods Description

Mechanical

Methods

Waste Transfer

Excavation of the area and removal to landfill could be considered only where small

areas are involved. The landfill site that it would be transported to must be a licensed

site and the operator of the landfill site must be notified that the waste contains

Japanese Knotweed and permitted under their licence to receive contaminated waste.

Excavation or Burial on-site

Japanese knotweed and the soil in which it is growing can, in some instances be

buried on site which is a cheaper method of control. If space is more limited a borrow-

pit can often be the best solution. The contaminated material is buried at a minimum

depth of 2 metres of clean fill encapsulated within a sealed geo-textile membrane.

However, Japanese knotweed rhizomes can extend to over 4 metres deep and extend

for at least 7 metres around the stand.

Other methods such as sifting the soil and taking out the rhizomes by trained

contractors can be considered where the extent is limited.

All the above works should in accordance with the Japanese Knotweed Code of

Practice.

Herbicide

treatments

A herbicide spraying programme will involve the use of a contact herbicide and the

weed will be treated in situ over several occasions throughout the growing season.

To be effective, this treatment needs to be carried out over a number of years, away

from the disturbance of any required groundworks. Different applications are detailed

below:

• Glyphosate contact herbicide, applied May- October, late season is preferable, non- persistent 2,4-D Amine contact herbicide, applied May–October early season preferable, persistent up to one month.

• Triclopyr contact herbicide applied May–October, early season preferable,

persistent up to six weeks.

• Ammonium Sulphate residual herbicide, applied all year, can be applied in winter,

persistent for up to two years.



32

Table 9: Recommended Controls for Himalayan balsam

Method Description

Mechanical

Removal

Control measures should aim to prevent flowering, and are best carried out before

June for maximum effectiveness.

Small infestations can be controlled by digging or hand pulling out the whole plant.

This should be carried out in Spring, April or May, before the plant flowers and

sets seed.

It may be necessary to clear ground around Himalayan balsam stands up to 6

metres from the parent plant and to a depth of 0.5 metres. Soil should not be

removed when seed pods are present as the disturbance can cause the seed pods

to burst and spread seed over a wider area.

Cutting, strimming or pulling on a regular basis for about three years will be most

effective and may even eradicate the plant from isolated sites.

Herbicide

Application

To be effective the treatment needs to be before the plant flowers and sets seed.

The plants should be sprayed in the spring before flowering, but late enough to

ensure that germinating seedlings have grown up sufficiently to be adequately

covered by the spray.

Glyphosate contact herbicide non- persistent 2,4-D Amine contact herbicide

persistent up to one month.


8 References

33

8. References

Blackburn with Darwen Borough Council. (2011). Blackburn with Darwen Local Development Framework

Core Strategy. Blackburn: Blackburn with Darwen Borough Council.

Capita. (2014). Feniscliffe Bank Homes For Older People Extended Phase 1 Habitat Survey and Building

Inspection (for bats) Report.

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

Conservation Trust, London.

Department for Communities and Local Government . (2005). Circular06/05: Biodiversity and Geological

Conservation - Statutory Obligations and Their Impact within the Planning System. Norwich : The

Stationary Office.

Department for Communities and Local Government. (2012). National Planning Policy Framework .

Norwich : The Stationary Office .

English Nature. (2004). Bat Mitigation Guidelines. Peterborough: English Nature.

Fure, A. (2006). Bats and Lighting. The London Naturalist, 85.

Lancashire's Biodiversity Partnership. (2011). Lancashire's Biodiversity Partnership.

JNCC, 2010. Handbook for Phase 1 Habitat Survey: A technique for environmental audit. 3rd ed.

Peterborough: Joint Nature Conservation Committee.

JNCC, 2011. UK BAP list of priority habitats. [Online]

Available at: http://jncc.defra.gov.uk/page-5706

[Accessed July 2017].

MAGIC, 2008. Multi-agency Geographic Information for the Countryside. [Online]

Available at: http://www.magic.gov.uk/website/magic/

[Accessed Nov 2017].


Appendix A

1

Appendix A : Survey Maps

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(Home for the Aged)

Feniscliffe Bank

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KEY:

SurveyorLocation

Project

Client

Drawing

Scale @ A3 Drawn Checked Approved

Project No. Date

Purpose of Issue

© Capita Property and Infrastructure Ltd.

Drawing Identifier BS1192 Compliantrev

Capita Property and Infrastructure Ltd.Print

Date

:

www.capitaproperty.co.uk

06/10

/2017

15:27

:39

CastleWay House, 17 Preston New Road, Blackburn, BB2 1AU01254 273000

Classification

\\10.130.200.13\Data\Symonds\Ecology\Projects\Homes for Older People (HfOP) - Feniscliffe Bank + Greenways BwD\Feniscliffe Bank\E9 - Maps\Feniscliffe Bank Surveyor Locations.dwg

Rev Description Date

Drwn

Chk'd

App'd

Project - Originator - Asset - Location - File Type - Role - Number

BLACKBURN WITH DARWEN B.CTOWN HALLBLACKBURN BB1 7DY

FENISCLIFFE BANK BAT SURVEYREPORT

SURVEYOR LOCATIONS

P01

INFORMATION

Highways & Infrastructure

093477-CAP-0100-PW-DR-C-0001

P01 DR AS DW INFORMATION 06/10/2017

DR AS DW

OCT 17

N

1:500

CS093477-03

U

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(Home for the Aged)

Feniscliffe Bank

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Project No. Date

Purpose of Issue



Capita Property and Infrastructure Ltd.Print

Date

:


06/10

/2017

15:28

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CastleWay House, 17 Preston New Road, Blackburn, BB2 1AU01254 273000

Classification

\\10.130.200.13\Data\Symonds\Ecology\Projects\Homes for Older People (HfOP) - Feniscliffe Bank + Greenways BwD\Feniscliffe Bank\E9 - Maps\Feniscliffe Bank Emergence & Locations.dwg


Drwn

Chk'd

App'd

Project - Originator - Asset - Location - File Type - Role - Number

BLACKBURN WITH DARWEN B.CTOWN HALLBLACKBURN BB1 7DY

FENISCLIFFE BANK BAT SURVEYREPORT

BAT EMERGENCE LOCATIONSAND ACTIVITY

P01

INFORMATION

Highways & Infrastructure

093477-CAP-0100-PW-DR-C-0002

P01 DR AS DW INFORMATION 06/10/2017

DR AS DW

OCT 17

N

1:500

CS093477-03

Bat Activity

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Project

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Project No. Date

Purpose of Issue



Capita Property and Infrastructure Ltd.

Classification

S:\Symonds\Ecology\Projects\Homes for Older People (HfOP) - Feniscliffe Bank + Greenways BwD\Feniscliffe Bank\E9 - Maps\TRF-CAP-EBD-02-DR-C-3001 Phase 1 Habitat.dwg


Drwn

Chk'd

App'd

Project - Originator - Zone - Level - File Type - Role - Number

Bryn Eirias, Abergele Road, Colwyn Bay, North WalesLL29 8BY - 01492 510 200

TOWER ROADFENISCLIFFE BANK

CS093477

ECOLOGY

P01 GS DH TB FIT FOR INFORMATION 10/11/2017

SERIES 3000PHASE 1 HABITAT PLAN

GS1:750 DH TB

10/11/2017

P01

S2 FIT FOR INFORMATION

COMMERCIAL IN CONFIDENCE

TRF-CAP-EBD-02-DR-C-3001

BLACKBURN WITHDARWEN BOROUGH COUNCIL

KEY:

Buildings

Hardstanding

AmenityGrassland

IntroducedShrub

ScatteredScrub

Scrub

Indicative SiteBoundary

Fencing

Semi-ImprovedGrassland

Tall RuderalVegetation

ScatteredTrees

Target Note

S.I

TN


Appendix B

1

Appendix B : Legislation and Licensing for Bats

B.1 Legislation and Policy

Bats receive protection in the UK as a result of both legislation and planning policies. This

section outlines the primary legislation protecting bats, as well as related information about

licences. All the information below is relevant to this bat report and to the work proposed at the

development site.

B.1.1 Legislation

Bats are protected under Schedule 2 of the EC Council Directive “Conservation of Natural

Habitats and Wild Fauna and Flora” (the Habitats Directive) as a European Protected Species

(EPS). This legislation has been transposed into UK legislation through the Conservation of

Habitats and Species Regulations 2010.

Regulation 41 of the Conservation of Habitats and Species Regulations 2010 (as amended)

makes it an offence to:

• Deliberately capture, injure or kill bats

• Deliberately disturb bats, or

• Damage or destroy a breeding site or resting place of a bat; this applies whether bats are

present or not. NB - breeding sites and resting places are generally referred to as roosts.

With regards to the disturbance of bats, an offence includes (in particular) any disturbance that

is likely to impair their ability to survive, to breed or reproduce, to rear or nurture their young,

hibernate or migrate or to affect significantly the local distribution or abundance of the species

to which they belong.

In addition to the above protection, all bat species in the UK are protected under Schedule 5 of

the Wildlife & Countryside Act 1981 (as amended). In addition to the above, it lists the following

as additional offences:

• Disturbance of an animal whilst it is occupying a place which it uses for shelter or protection.

NB - places of shelter or protection are generally referred to as roosts

• Obstruct access to any structure or place which an animal uses for shelter or protection.

Section 40 of NERC Act 2006 places a statutory duty on public bodies such as local authorities

that “every public body must, in exercising its functions have regard, so far as is consistent with

the proper exercise of those functions, to the purpose of conserving biodiversity”. Section 41 of

the NERC Act requires the Secretary of State to draw up a list of Habitats and Species of

Principal Importance which should be used to guide decision-makers (which include local

authorities) in implementing their duty under Section 40.


Appendix B

2

Purpose of Legislation

The purpose of the legislation is to maintain and restore bat populations within their natural

range. This implies that the habitats on which they rely and the ecology of their life cycles

should not be compromised by human activities. Where activities have the potential to

compromise bat populations, measures are required to be put in place to avoid impacts or

compensate and mitigate for those impacts.

B.2 Licences

Presence of bats does not necessarily prevent a development from proceeding as long as

suitable approved mitigation is incorporated within the scheme whereby exemptions can be

granted from the protection afforded to bats under Regulation 41 by means of a “European

Protected Species Licence” issued by the Statutory Nature Conservation Organisation (SNCO)

which, in England, is Natural England. Before Natural England can issue a licence to permit

otherwise prohibited acts, three aspects have to be considered (these are generally known as

the ‘Three Tests’. The three aspects fall under Regulation 53 of the Conservation of Habitats

and Species Regulations 2010 and are as follows:

• Licences may be granted by the SNCO to ‘preserve public health or public safety or other

imperative reasons of overriding public interest including those of a social or economic

nature and beneficial consequences of primary importance for the environment’.

• A licence may not be granted unless the SNCO is satisfied ‘that there is no satisfactory

alternative’.

• A licence cannot be issued unless the SNCO is satisfied that the action proposed ‘will not be

detrimental to the maintenance of the population of the species concerned at a favourable

conservation status in their natural range’.

In order to meet the Tests, the SNCO first expects the planning position to be fully resolved; if

planning permission is required for a development, Local Planning Authorities are required to

consider, and make a judgement about, all three aspects before the SNCO will make their

decision. Full planning permission, if applicable, will need to have been granted and any

planning conditions relating to wildlife fully discharged before an EPS Licence will be granted.

The consideration of the three tests by the local planning authority as a Section 28G body (as

identified in the Wildlife & Countryside Act 1981 (as amended)), must be formally recorded as

evidence to demonstrate that the local authority has addressed their duties under the Habitats

Directive. This duty extends to the consideration of the impacts of the development on local bat

populations and that the proposed mitigation incorporated within a development satisfies the

three tests above and conserves local bat populations at favourable conservation status within

their natural range. Planning applications should not be determined unless this is the case and

bat surveys and mitigation strategies cannot be requested as planning conditions as protected

species are a material consideration in determining planning applications.

Natural England assesses Licence Applications in relation to the third element (regarding

Favourable Conservation Status) and will expect to see information from the local authority

about the other elements before they will determine any licence application. The whole licence


Appendix B

3

application process can take over two months before a licence is issued. Natural England will

normally take approximately 30 working days to determine an application.


Appendix C

4

Appendix C : Proposals for the Site

Hillc

rest

Roa

d

Tower Road

Witton Park

Subject to further assessment resident parking could also be accommodated on site - for up to 15 vehicles.

A proportion of the site will remain as open space with investment in the landscape to mitigate for any loss in area.

Existing Site AccessSite Boundary - 1.29ha

Proposed Area for Development

Proposed High Quality Open Space Existing Tree Line Retained Where Possible

Potential Site Access (to be investigated further)

Indicative Development Proposals Tower Road, Feniscliffe, Blackburn, BB2 5LE N

Legend:


Appendix D

5

Appendix D : Pleasington Playing Fields South BHS

1:9,000

65

66

66

Lancashire County Heritage Sites

Biological Heritage Site

Site Boundary

This map is based upon Ordnance Survey material with the permission of Ordnance Survey on behalf of the controller of Her Majesty’s Stationery Office © Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Lancashire County Council 100023320 2011.

This map shows only the boundary of the Biological Heritage Site named above. It does not show any other designated sites which may occur within the area covered by the map.

Biological Heritage Sites Partnership

Pleasington Playing Fields (South)

Ref No. 62NE01

© Lancashire County Council

© The Wildlife Trust for Lancashire,

Manchester and North Merseyside

Natural England

Grid ref.

Site approved

Boundary revised

SD654264 Scale

Map

Date of Map

1 of 1

10/04/14

Capita Property and Infrastructure Ltd

Capita Blackburn Business Centre

CastleWay House

17 Preston New Road

Blackburn

BB2 1AU

Tel +44 (0)1254 273000

Fax +44 (0)1254 273559 www.capita.co.uk

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