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LAND SOUTH OF SAXON RISE, CAMPHILL, NUNEATON
PRELIMINARY ECOLOGICAL APPRAISAL
A Report to: Barratt Homes
Report No: RT-MME-124473-01
Date: February 2017
Triumph House, Birmingham Road, Allesley, Coventry CV5 9AZ Tel: 01676 525880 Fax: 01676 521400
E-mail: admin@middlemarch-environmental.com Web: www.middlemarch-environmental.com
Land South of Saxon Rise, Camp Hill, Nuneaton RT-MME-124473-01 Preliminary Ecological Appraisal
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REPORT VERIFICATION AND DECLARATION OF COMPLIANCE
This study has been undertaken in accordance with British Standard 42020:2013 “Biodiversity, Code of practice for planning and development”.
Report Version
Date Completed by: Checked by: Approved by:
Final 13/02/2017
Victoria Worrall MSc (Senior Ecological
Consultant) and Sarah Boulstridge BSc (Hons) (Ecological Consultant)
Tom Docker MSc MCIEEM (Ecological Impact Assessment
Manager)
David Smith MCIEEM (Ecology and
Landscapes Director)
Rev A 16/02/2017
Victoria Worrall MSc (Senior Ecological
Consultant) and Sarah Boulstridge BSc (Hons) (Ecological Consultant)
Tom Docker MSc MCIEEM (Ecological Impact Assessment
Manager)
David Smith MCIEEM (Ecology and
Landscapes Director)
The information which we have prepared is true, and has been prepared and provided in accordance with the Chartered Institute of Ecology and Environmental Management’s Code of Professional Conduct. We confirm that the opinions expressed are our true and professional bona fide opinions.
DISCLAIMER
The contents of this report are the responsibility of Middlemarch Environmental Ltd. It should be noted that, whilst every effort is made to meet the client’s brief, no site investigation can ensure complete assessment or prediction of the natural environment. Middlemarch Environmental Ltd accepts no responsibility or liability for any use that is made of this document other than by the client for the purposes for which it was originally commissioned and prepared.
VALIDITY OF DATA
The findings of this study are valid for a period of 24 months from the date of survey. If works have not commenced by this date, an updated site visit should be carried out by a suitably qualified ecologist to assess any changes in the habitats present on site, and to inform a review of the conclusions and recommendations made.
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NON-TECHNICAL SUMMARY
Middlemarch Environmental Ltd was commissioned by Barratt Homes to carry out a Preliminary Ecological Appraisal of land south of Saxon Rise in Camp Hill, Nuneaton. This assessment is required to inform a planning application associated with re-grading to connect Whittleford Park to the new housing development (Phases 4 & 6). To fulfil this brief an ecological desk study and a walkover survey (in accordance with Phase 1 Habitat Survey methodology) were undertaken. The desk study exercise identified one European statutory site within 5 km of the survey area, three UK statutory sites and five ancient woodlands within 2 km and twenty-six non-statutory sites within 1 km. The site is not located within 10 km of a statutory site designated for bats. The desk study also provided records of protected and notable species including bats, amphibians, reptiles, birds and invertebrates. The walkover survey was undertaken on 25th January 2017 by Victoria Worrall, Senior Ecological Consultant. The site comprises a strip of poor semi-improved grassland with a single pocket of dense scrub and a scattered tree. The grass is predominantly managed; however the south-eastern section is more tussocky in nature. A small area of concrete hardstanding is located in the north-west of the site. The survey area is predominantly flat in topography; however the land rises steeply along the northern boundary. The key ecological features on site in relation to the works proposed is the presence of a nature conservation site within and surrounding the boundary of the survey area and the potential presence of notable/protected species including reptiles, nesting birds, bats, hedgehog, and common amphibians. In order to ensure compliance with wildlife legislation and relevant planning policy, the following recommendations are made: R1 Barpool Valley and Bucks Hill Claypit Local Wildlife Site: The Local Planning Authority ecologist
and / or the local Wildlife Trust should be consulted prior to any works commencing to discuss the impacts on this nature conservation site and to determine what construction control measures/mitigation measures are required.
R2 Construction Ecological Management Plan: A Construction Ecological Management Plan (CEcMP) should be compiled for the site to minimise the potential impact of the construction phase of the development on the existing ecology of the site and off site receptors, and ensure works proceed in accordance with current wildlife legislation. This document should be agreed with the Local Planning Authority ecologist prior to any works commencing.
R3 Habitat Loss and Enhancement: Biodiversity enhancement measures should be incorporated into the landscaping scheme to maximise the ecological value of the site. Specific habitat creation recommendations for the proposed scheme include the creation of wildflower grassland on the embankment to compensate for the loss of poor semi-improved grassland habitat and provide suitable habitat for a range of fauna including reptiles, birds, invertebrates and foraging/commuting bats.
R5 Foraging Bats: In line with paragraph 125 of the National Planning Policy Framework, the development should aim to limit the impact of light pollution on bats through the use/installation of low-intensity lighting systems with minimum spillage. Lighting should not adversely impact on the adjacent Whittleford Park. Lighting should be designed using guidance from ‘Landscape and Urban Design for Bats and Biodiversity’ (Gunnell et al, 2012, Bat Conservation Trust).
R6 Reptiles: Vegetation clearance should be undertaken in a sensitive manner during the reptile active season (this is weather dependent but generally extends between and April and September inclusive). Should any reptiles be discovered on site, works should cease immediately and an experienced ecologist should be contacted to determine a way forward.
R7 Amphibians: The site clearance protocols and working methodologies, detailed within Chapter 6 of the Great Crested Newt Assessment and Reasonable Avoidance Method Statement Report RT-MME-122199-02 (Phases 4 & 6) should be adhered to.
R8 Nesting Birds: Vegetation clearance should be undertaken outside the nesting bird season. The nesting bird season is weather dependent but generally extends between March and September inclusive (peak period March-August). If this is not possible then any vegetation to be removed or disturbed should be checked by an experienced ecologist for nesting birds immediately prior to works commencing.
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CONTENTS
1. INTRODUCTION ........................................................................................................................................ 4
1.1 PROJECT BACKGROUND ........................................................................................................................ 4 1.2 SITE DESCRIPTION AND CONTEXT .......................................................................................................... 4 1.3 DOCUMENTATION PROVIDED .................................................................................................................. 4
2. METHODOLOGIES.................................................................................................................................... 5
2.1 DESK STUDY ......................................................................................................................................... 5 2.2 PHASE 1 HABITAT SURVEY ..................................................................................................................... 5
3. LEGISLATION AND POLICY .................................................................................................................... 6
3.1 GENERAL BIODIVERSITY LEGISLATION AND POLICY ................................................................................. 6 3.2 NATIONAL PLANNING POLICY FRAMEWORK AND PRACTICE GUIDANCE ..................................................... 7 3.3 LOCAL PLANNING POLICY ....................................................................................................................... 8
4. DESK STUDY RESULTS ........................................................................................................................ 10
4.1 INTRODUCTION .................................................................................................................................... 10 4.2 NATURE CONSERVATION SITES ............................................................................................................ 10 4.3 PROTECTED / NOTABLE SPECIES .......................................................................................................... 13 4.4 INVASIVE SPECIES ................................................................................................................................ 15
5. PHASE 1 HABITAT SURVEY ................................................................................................................. 16
5.1 INTRODUCTION .................................................................................................................................... 16 5.2 SURVEY CONSTRAINTS AND LIMITATIONS .............................................................................................. 16 5.3 HABITATS ............................................................................................................................................ 16 5.4 FAUNA ................................................................................................................................................ 17 5.5 INVASIVE PLANT SPECIES .................................................................................................................... 17
6. DISCUSSIONS AND CONCLUSIONS .................................................................................................... 18
6.1 SUMMARY OF PROPOSALS ................................................................................................................... 18 6.2 NATURE CONSERVATION SITES ............................................................................................................ 18 6.3 HABITATS ............................................................................................................................................ 18 6.4 PROTECTED/NOTABLE SPECIES ........................................................................................................... 19 6.5 INVASIVE PLANT SPECIES .................................................................................................................... 20
7. RECOMMENDATIONS ............................................................................................................................ 21
7.1 NATURE CONSERVATION SITES ............................................................................................................ 21 7.2 HABITATS ............................................................................................................................................ 21 7.3 PROTECTED / NOTABLE SPECIES .......................................................................................................... 21 7.4 INVASIVE PLANT SPECIES .................................................................................................................... 22
8. DRAWINGS .............................................................................................................................................. 23 9. PHOTOGRAPHS ..................................................................................................................................... 26 REFERENCES AND BIBLIOGRAPHY ........................................................................................................... 27 APPENDICES ................................................................................................................................................. 28
APPENDIX 1 ................................................................................................................................................... 29 APPENDIX 2 ................................................................................................................................................... 35
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1. INTRODUCTION
1.1 PROJECT BACKGROUND
In January 2017 Barratt Homes commissioned Middlemarch Environmental Ltd to undertake a Preliminary Ecological Appraisal of land south of Saxon Rise in Camp Hill, Nuneaton. This assessment is required to inform a planning application associated with re-grading works to connect to Whittleford Park with the new housing development (Phases 4 & 6). Middlemarch Environmental Ltd has previously carried out the following assessments for Barratt Homes for land immediately north of the survey area (referred to as Phase 4 and 6 Saxon Rise).
Preliminary Ecological Appraisal, Report RT-MME-121958-01;
Pre-development Arboricultural Assessment, Report RT-MME-121958-02;
Arboricultural Method Statement, Report RT-MME-121958-03;
Biodiversity Action Plan, Report RT-MME-121958-04;
Reptile Survey, Report RT-MME-122199-01; and,
Great Crested Newt Assessment and Reasonable Avoidance Method Statement, Report RT-MME-122199-02.
To assess the existing ecological interest of the site an ecological desk study was carried out, and a walkover survey was undertaken on 25th January 2017. Middlemarch Environmental Ltd have also been commissioned by the client to carry out a Biodiversity Offsetting Calculation, please refer to Report RT-MME-124473-02.
1.2 SITE DESCRIPTION AND CONTEXT
The site forms a narrow strip of land immediately south of the Phase 4 and 6 Saxon Rise development site in Camphill, Nuneaton. The site is centred at National Grid Reference SP 33354 92503. The site comprises a strip of poor semi-improved grassland with a single pocket of dense scrub and scattered tree. The grass is predominantly managed; however the south-eastern section was more tussocky in nature. A small area of concrete hardstanding is located in the north-west of the site. The survey area is predominantly flat in topography however the land rises steeply along the northern boundary. The site forms a small section of Barpool Valley and Bucks Hill Claypit Local Wildlife Site (also known as Whittleford Park). The conservation site, which extends to the south-east covers a large area which comprises grassland, scrub, woodland and wetland habitats; it also includes Bar Pool Brook. The conservation site is frequently used by the public for recreational purposes and there are a number of public footpaths in the area.
1.3 DOCUMENTATION PROVIDED
The conclusions and recommendations made in this report are based on information provided by the client regarding the scope of the project. Documentation made available by the client is listed in Table 1.1.
Document Name / Drawing Number Author
Proposed Site Plan / 004 Rev T IDP
Park Planting Plan: LA266 004 RevA (1 of 2) IDP
Park Planting Plan: LA266 005 RevA (2 of 2) IDP
Table 1.1: Documentation Provided by Client
The ‘Proposed Site Plan’ is provided in Chapter 7.
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2. METHODOLOGIES
2.1 DESK STUDY
An ecological desk study was undertaken to determine the presence of any designated nature conservation sites and protected species in proximity to the site. This involved contacting appropriate statutory and non-statutory organisations which hold ecological data relating to the survey area. Middlemarch Environmental Ltd then assimilated and reviewed the desk study data provided by these organisations. The consultees for the desk study were:
Natural England - MAGIC website for statutory conservation sites; and,
Warwickshire Biological Records Centre. The desk study included a search for European statutory nature conservation sites within a 5 km radius of the site (extended to 10 km for any statutory site designated for bats), UK statutory sites within a 2 km radius and non-statutory sites and protected/notable species records within a 1 km radius. The data collected from the consultees is discussed in Chapter 4. Selected raw data are provided in Appendix 1. In compliance with the terms and conditions relating to its commercial use, the full desk study data is not provided within this report. The desk study also included a review of relevant local planning policy with regard to biodiversity and nature conservation (see Chapter 3).
2.2 PHASE 1 HABITAT SURVEY
The walkover survey was conducted following the Phase 1 Habitat Survey methodology of the Joint Nature Conservation Committee (JNCC, 2010) and the Institute of Environmental Assessment (IEA, 1995). Phase 1 Habitat Survey is a standard technique for classifying and mapping British habitats. The aim is to provide a record of habitats that are present on site. During the survey, the presence, or potential presence, of protected species was noted. Whilst every effort is made to notify the client of any plant species listed on Schedule 9 of the Wildlife and Countryside Act (1981, as amended) present on site, it should be noted that this is not a specific survey for these species. Data recorded during the field survey are discussed in Chapter 5.
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3. LEGISLATION AND POLICY
This chapter provides an overview of the framework of legislation and policy which underpins nature conservation and is a material consideration in the planning process in England. The reader should refer to the original legislation for the definitive interpretation.
3.1 GENERAL BIODIVERSITY LEGISLATION AND POLICY
Conservation of Habitats and Species Regulations 2010 (as amended) The Habitats Regulations 2010 consolidate and update the Conservation (Natural Habitats, &c.) Regulations 1994 and all its various amendments. The Habitats Regulations 2010 are the principal means by which the EEC Council Directive 92/43 (The Habitats Directive) as amended is transposed into English and Welsh law. The Habitats Regulations 2010 place duty upon the relevant authority of government to identify sites which are of importance to the habitats and species listed in Annexes I and II of the Habitats Directive. Those sites which meet the criteria are, in conjunction with the European Commission, designated as Sites of Community Importance, which are subsequently identified as Special Areas of Conservation (SAC) by the European Union member states. The regulations also place a duty upon the government to maintain a register of European protected sites designated as a result of EC Directive 79/409/EEC on the Conservation of Wild Birds (The Birds Directive). These sites are termed Special Protection Areas (SPA) and, in conjunction with SACs, form a network of sites known as Natura 2000. The Habitats Directive introduces for the first time for protected areas, the precautionary principle; that is that projects can only be permitted having ascertained no adverse effect on the integrity of the site. Projects may still be permitted if there are no alternatives, and there are imperative reasons of overriding public interest. The Habitats Regulations 2010 also provide for the protection of individual species of fauna and flora of European conservation concern listed in Schedules 2 and 5 respectively. Schedule 2 includes species such as otter and great crested newt for which the UK population represents a significant proportion of the total European population. It is an offence to deliberately kill, injure, disturb or trade these species. Schedule 5 plant species are protected from unlawful destruction, uprooting or trade under the regulations. The Habitats Regulations 2010 were amended in August 2012 to ensure clearer transposition of the provisions of Articles 2, 3, 4(4) (second sentence) and Article 10 of the Wild Birds Directive, by giving additional and specific duties to relevant bodies. A number of amendments were also made to transpose more clearly certain elements of the Habitats Directive. The Wildlife and Countryside Act (WCA) 1981 (as amended) The WCA, as amended, consolidates and amends pre-existing national wildlife legislation in order to implement the Bern Convention and the Birds Directive. It complements the Habitat Regulations 2010 (as amended), offering protection to a wider range of species. The Act also provides for the designation and protection of national conservation sites of value for their floral, faunal or geological features, termed Sites of Special Scientific Interest (SSSIs). Schedules of the act provide lists of protected species, both flora and fauna, and detail the possible offences that apply to these species. The Countryside and Rights of Way (CRoW) Act 2000 The CROW Act, introduced in England and Wales in 2000, amends and strengthens existing wildlife legislation detailed in the WCA. It places a duty on government departments and the National Assembly for Wales to have regard for biodiversity, and provides increased powers for the protection and maintenance of SSSIs. The Act also contains lists of habitats and species (Section 74) for which conservation measures should be promoted, in accordance with the recommendations of the Convention on Biological Diversity (Rio Earth Summit) 1992. The Natural Environment and Rural Communities (NERC) Act 2006 Section 40 of the NERC Act places a duty upon all local authorities and public bodies in England and Wales to promote and enhance biodiversity in all of their functions. Sections 41 (England) and 42 (Wales) list habitats and species of principal importance to the conservation of biodiversity. These lists superseded Section 74 of the CRoW Act 2000.
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The Hedgerow Regulations 1997 The Hedgerow Regulations make provision for the identification of important hedgerows which may not be removed without permission from the Local Planning Authority. UK Post-2010 Biodiversity Framework The UK Biodiversity Action Plan (BAP), published in 1994, was the UK Government’s response to signing the Convention on Biological Diversity (CBD) at the 1992 Rio Earth Summit. The new UK Post-2010 Biodiversity Framework replaces the previous UK level BAP. The UK Post-2010 Biodiversity Framework covers the period 2011-2020 and forms the UK Government’s response to the new strategic plan of the United Nations Convention on Biological Diversity (CBD), published in 2010 at the CBD meeting in Nagoya, Japan. This includes five internationally agreed strategic goals and supporting targets to be achieved by 2020. The five strategic goals agreed were:
Address the underlying causes of biodiversity loss by mainstreaming biodiversity across government and society;
Reduce the direct pressures on biodiversity and promote sustainable use;
To improve the status of biodiversity by safeguarding ecosystems, species and genetic diversity;
Enhance the benefits to all from biodiversity and ecosystem services; and,
Enhance implementation through participatory planning, knowledge management and capacity building.
The Framework recognises that most work which was previously carried out under the UK BAP is now focused on the four individual countries of the United Kingdom and Northern Ireland, and delivered through the countries’ own strategies. Following the publication of the new Framework the UK BAP partnership no longer operates but many of the tools and resources originally developed under the UK BAP still remain of use and form the basis of much biodiversity work at country level. In England the focus is on delivering the outcomes set out in the Government’s ‘Biodiversity 2020: a Strategy for England’s Wildlife and Ecosystem Services’ (DEFRA, 2011). This sets out how the quality of our environment on land and at sea will be improved over the next ten years and follows on from policies contained in the Natural Environment White Paper. Species and Habitats of Material Consideration for Planning in England Previous planning policy (and some supporting guidance which is still current, e.g. ODPM Circular 06/2005, now under revision), refers to UK BAP habitats and species as being a material consideration in the planning process. Equally many local plans refer to BAP priority habitats and species. Both remain as material considerations in the planning process but such habitats and species are now described as Species and Habitats of Principal Importance for Conservation in England, or simply priority habitats and priority species under the UK Post-2010 Biodiversity Framework. The list of habitats and species remains unchanged and is still derived from Section 41 list of the Natural Environmental and Rural Communities (NERC) Act 2006. As was previously the case when it was a BAP priority species hen harrier continues to be regarded as a priority species although it does not appear on the Section 41 list.
3.2 NATIONAL PLANNING POLICY FRAMEWORK AND PRACTICE GUIDANCE
In early 2012, the National Planning Policy Framework (NPPF) replaced much previous planning policy guidance, including Planning Policy Statement 9: Biological and Geological Conservation. The government circular 06/05: Biodiversity and Geological Conservation - Statutory Obligations and Their Impact within the Planning System, which accompanied PPS9, still remains valid. A presumption towards sustainable development is at the heart of the NPPF. This presumption does not apply however where developments require appropriate assessment under the Birds or Habitats Directives. Chapter 11, on conserving and enhancing the natural environment, sets out how the planning system should contribute to and enhance the natural and local environment by minimising impacts on biodiversity and, where possible, provide net gains in biodiversity. Opportunities to incorporate biodiversity gains into a development should be encouraged. If a proposed development would result in significant harm to the natural environment which cannot be avoided (through the use of an alternative site with less harmful impacts), mitigated or compensated for (as a last resort) then planning permission should be refused.
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In March 2014 the Department for Communities and Local Government released guidance to support the National Planning Policy Framework (NPPF), known as the National Planning Practice Guidance (NPPG). This has been produced to provide guidance for planners and communities which will help deliver high quality development and sustainable growth in England. The guidance includes a section entitled ‘Natural Environment: Biodiversity, ecosystems and green infrastructure’ which sets out information with respect to the following:
the statutory basis for minimising impacts on biodiversity and providing net gains where possible;
the local planning authority’s requirements for planning for biodiversity;
what local ecological networks are and how to identify and map them;
the sources of ecological evidence;
the legal obligations on local planning authorities and developers regarding statutory designated sites and protected species;
the considerations for local (non-statutory) designated sites;
definition of green infrastructure;
where biodiversity should be taken into account in preparing a planning application;
how development can enhance biodiversity;
how policy is applied to avoid, mitigate or compensate for significant harm to biodiversity and how mitigation and compensation measures can be ensured; and,
the consideration of ancient woodlands and veteran trees in planning decisions.
3.3 LOCAL PLANNING POLICY
http://www.nuneatonandbedworth.gov.uk/info/200440/local_plan_2006/254/local_plan_2006 Local Plan 2006 The development plan is the statutory policy framework against which planning applications and other development proposals are assessed and is currently comprised of:
The Nuneaton and Bedworth Local Plan 2006 and the Local Plan 2006 Proposals Map which was prepared by the planning policy team; and,
Supplementary Planning Documents (SPD's): these are used to provide further detail to policies and proposals contained in DPD's. They are not statutory documents but are an important consideration in determining planning applications.
The Planning Policy team is currently working on the Borough Plan which will eventually replace the Local Plan 2006 document when it is adopted. Env5. Agriculture states that ‘Farm diversification proposals to non-agricultural activities will be permitted if:
The development will not be detrimental to the ecological, geological or archaeological value of the area. In particular it does not involve significant loss of habitat used by protected species. When applications are submitted that affect existing buildings adequate survey information should be provided’.
Env15. Landscaping states that ‘Areas of woodland and other trees covered by Preservation Orders, and within Conservation Areas, will be protected. The loss of a tree covered by an Order or within a Conservation Area will only be permitted where it can be shown:
It is dead, dying or dangerous;
Its loss is agreed as part of a positive management scheme;
Its loss is agreed as part of a development scheme; or,
It does not reduce the Borough’s biodiversity resource’. Env16. Hedgerows states that ‘Development which has an adverse impact on “Important” hedgerows will not be permitted unless it can be demonstrated there is no alternative to any loss. In those circumstances replacement hedgerows will be required’.
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Env17. Nature Conservation states that ‘Consideration of development proposals that would affect, or would be likely to affect, nature conservation sites will be proportionate to the status of the site in the following manner:
Development not directly connected with or necessary to the management of a European site, a proposed European site or a RAMSAR site, and which may have a significant effect on a site (whether on its own or in combination with other proposals) will be subject to the most rigorous examination. Where an adverse impact on the integrity of a site cannot be ruled out development will not be permitted unless there is no alternative solution and there are imperative reasons of overriding public interest why the development should proceed.
Development likely to affect Sites of Special Scientific Interest (SSSI) will be subject to special scrutiny. Development that may have an adverse effect on a SSSI will not be permitted unless the reasons for the development clearly outweigh the interests of site designation and the national policy to safeguard the network of such sites.
Development likely to have an adverse effect on a Local Nature Reserve (LNR), Site of Importance for Nature Conservation (SINC), Regionally Important Geological / Geomorphological Site, (RIGS) or other site of acknowledged importance will not be permitted unless it can be clearly demonstrated that the reasons for the development outweigh the need to safeguard the substantive nature conservation value of the site or feature.
Development likely to have an adverse effect on a Wildlife Site or other habitat or geological feature identified on the Council’s Green Map will not be permitted unless it can be clearly demonstrated that the reasons for the development outweigh the need to retain the site or features and that adequate consideration has been given to the protection, enhancement or reinstatement of the nature conservation or geological interest.
Where development is permitted the Council will seek to secure management arrangements for the protection and enhancement of the nature conservation or geological interest by means of conditions on the grant of planning permission, planning obligations or voluntary agreement as appropriate’. Env18. Nature Conservation states that ‘Development and other land use changes that are likely to affect rare, endangered species of nature conservation importance; or a species protected by law will not be permitted. In determining applications for planning permission for other development the presence of other species identified in a UK or Local Biodiversity Action Plan will be a material consideration. Where development is permitted the Council will consider the use of conditions and / or planning obligations to secure all compensatory measures necessary to protect, reduce disturbance to and / or provide alternative habitats for the species in order to sustain or enhance the population’. Env19. Nature Conservation states that ‘Access to and awareness of the natural environment will be promoted where educational opportunities exist and where access would allow enhancement of these facilities’. Env20. Rivers and Canals states that ‘Development which fronts rivers and canals in the Borough should be of a high standard of design and take advantage of the vista across the river or canal. Improvements may be required to the river embankments and canal banks as part of the development. Where appropriate, the enhancement of rivers, canals and their environs will be secured through Section 106 Agreements. Development will not be permitted within a minimum of 8 metres of the bank tops of all watercourses. Development will not be permitted where it prejudices existing Wharf facilities. A buffer strip may also be required adjacent to canals’. Env25. Pollution states that ‘Development on contaminated land will be permitted if the following criteria can be met:
Appropriate remediation works would eliminate risks to human health (on site and off site) controlled waters, ecosystems, buildings, animals and crops, in its proposed use’.
Env26. Pollution states that ‘The use of “up lighting” techniques on buildings will be discouraged in the interests of maintaining dark skies. Where lighting is essential for security purposes lights should be sensitively positioned and the minimum wattage bulb or filament used’.
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4. DESK STUDY RESULTS
4.1 INTRODUCTION
The data search was carried out in March 2016 by Warwickshire Biological Records Centre. All relevant ecological data provided by the consultees was reviewed and the results from these investigations are summarised in Sections 4.2 to 4.4. Selected data are provided in Appendix 1.
4.2 NATURE CONSERVATION SITES
Statutory and non-statutory nature conservation sites located in proximity to the survey area are summarised in Table 4.1.
Site Name Designation Proximity to Survey Area
Description
European Statutory Sites
Ensor’s Pool SAC / SSSI /
LNR 2.2 km south-
east
This lowland site in central England represents white-clawed crayfish Austropotamobius pallipes in standing water. This 1 ha marl pit holds a very large population, estimated at 50,000. Although crayfish plague outbreaks have occurred in the Midlands, this waterbody is isolated from river systems and is a good example of a ‘refuge’ site in an important part of the species’ former range.
UK Statutory Sites
Galley Common LNR 960 m south-
west No information provided.
Illing’s Trenches SSSI 1.8 km north-
west
This important and classic site was the subject of detailed geological researches in the early 20th century, and exposes a section through the Abbey Shales of the Cambrian period. Elsewhere these are only sparsely fossiliferous, but here they yield a rich and abundant assemblage of fossils, including over thirty species of agnostid trilobite, numerous other trilobite species, brachiopods, sponge spicules and hyolithids.
Boon’s Quarry SSSI 1.9 km north
This is a classic site which displays deeply-weathered Precambrian Caldecote Volcanic Formation overlain unconformably by the conglomerates and sandstones of the lowest unit (Park Hill Member) of the late Precambrian to early Cambrian Hartshill Formation. This is the type locality for, and most instructive section through, this member.
Non-statutory Sites
Barpool Valley and Bucks Hill Claypit
LWS On site
A large site which is a shallow valley following the course of Barpool Brook, which floods in winter and also includes a spoil heap. The area is well used by the public, with large amounts of rubbish dumped. Three individuals of common spotted orchid Dactylorhiza fuchsia recorded in 2012. Previously a good population was recorded however now this part of the grassland is heavily mown. A good range of bird species (water rail Rallus aquaticus bred onsite as recently as 2009) and invertebrates have been noted onsite, as well as common lizard Zootoca vivipara and clouded yellow Colias croceus.
Bucks Hill Cemetery, Chapel End & Churchyard
Ecosite 200 m west The site has a wide diversity of tree species, although no detailed records are held.
Table 4.1: Summary of Nature Conservation Sites (Cont.)
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Site Name Designation Proximity to Survey Area
Description
Bucks Hill Meadow LWS 220 m north-
west
The majority of this site is included within Nuneaton Common Local Wildlife Site (LWS). The remainder of the site was rejected by the panel as it was not of LWS quality. Two meadows of semi-improved neutral grassland and broadleaved woodland. The southern meadow is quite wet with two streams running through it. The northern meadow is gently sloping and generally drier, with a stream flowing along its eastern edge.
Gorsy Way Ecosite 260 m east
A small area of grassland surrounded by housing. When surveyed in the 1980’s it was found to contain harebell Campanula rotundifolia, musk mallow Malva moschata and field scabious Knautia arvensis.
Bucks Hill Spoil Tip LWS 265 m south-
west
Scrubby woodland and neutral grassland account for the bulk of the vegetation, with smaller areas of post-industrial acidic grassland, tall herb, standing water, swamp, gorse scrub and willow Salix sp carr. A good range of Lepidoptera also recorded.
Ryders Hill Ecosite 295 m north
The site is comprised of 2 main habitats. The dominating habitat is poor semi-improved grassland and the other is a native species-rich, young broadleaved plantation woodland. A remarkable feature of the site is a spring/water course set deep in between two steep sided banks, with grey willow Salix cinerea at either end. The terrain is variable with the landform in areas around the water course very steep sided slopes.
Gorse Valley, Camp Hill LWS 355 m east
A small site with grassland, gorse and hawthorn scrub, young oak Quercus sp and a small stream. A good range of invertebrates and birds have been recorded, as well as common lizard Zootoca vivipara.
Birmingham to Nuneaton Railway (Abbey Junction)
Ecosite 425 m south
An active railway line with embankment and cutting sections and some associated land adjacent. A good wildlife corridor, the habitats include open and dense scrub and semi-improved grassland which is species-rich in places. Plant species recorded include pignut Conopodium majus, bluebell Hyacinthoides non-scripta and rosebay willowherb Chamerion angustifolium.
Vale View / Marsh & Grassland off Haunchwood Road
LWS 430 m south
Designated as part of Whittleford Park & Barpool Valley Local Wildlife Site (LWS). Haunchwood Road Marsh and Grassland and part of Whittleford Park and Barpool Valley LWS.
Spare Cemetery Land, Nuneaton Common
LWS 460 m west Designated as part of Nuneaton Common Local Wildlife Site (LWS). An area of rough grassland and hawthorn Crataegus mongyna scrub with good flora.
Haunchwood LWS/Ecosite 465 m south
A site of semi-improved grassland. There is also an area of lower wet grassland, containing abundant yorkshire fog Holcus lanatus, false oat-grass Arrhenatherum elatius and creeping bent Agrostis stolonifera, with amphibious bistort Persiciaria amphibia, autumn hawkbit and black medick Medicago lupulina also present. To the east of the site is an area of grassland which is largely tall ruderal with little diversity.
Poplar Tree Farm pLWS/Ecosite 540 m south-
west
A recreational area within a housing estate, some old oak Quercus sp and ash Fraxinus excelsior trees are
present as well as a hedgerow at the western end. The eastern side slopes down to a wet area with rushes, with the remainder of the site rough grassland with scattered scrub.
Table 4.1: Summary of Nature Conservation Sites (Cont.)
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Site Name Designation Proximity to Survey Area
Description
Stubbs’ Pool Ecosite 550 m south-
east A large alder Alnus glutinosa fringed shallow pool with breeding amphibians.
Land rear of Freesland Rise
LWS 550 m west Rough grassland and scrub, with a hawthorn Crataegus monogyna hedge with a few standard trees on the eastern side.
Willow Road Dell & Holly Stitches Dell
LWS/ Ecosite 620 m north-
east
The site is largely short cut amenity grassland, with tall, rough grassland in places. A stream runs along its length, with the northern end of the site heavily used for recreational purposes. The very northern part of the site has been lost to a housing development.
Ansley Mineral Line LWS 625 m south-
west
"The Shuntings" disused railway line now managed as a nature walk by Nuneaton and Bedworth borough council. A small pond has been created by damming a wet area and tadpoles have been recorded. Fool's water-cress is abundant over half the area with occasional yellow flag and duckweed.
The Shuntings LWS 630 m west
The Shuntings is a local authority linear nature walk set up on a disused mineral railway line skirting the western outskirts of Nuneaton, about 3.5 km from the town centre. The walkway consists of a well-used cinder track partly on embankment (mainly to the north) and partly in a deep cutting (southern half) and is bordered by well-established scrub and secondary woodland.
Wooded Stream, Plough Hill Farm
pLWS/Ecosite 655 m west A small copse, tall herbs and densley wooded stream with good cover for nesting birds.
Galley Common Fields pLWS 730 m west
The meadows include areas of tall herbs, hedges and mature trees. The adjacent disused railway consists of scrub habitat including dense hawthorn Crataegus monogyna, bramble Rubus fruticosus, nettle Urtica dioica and willowherb sp. The site is undisturbed, so good for nesting birds.
Snowhill Wood, Hartshill LWS 770 m north
This piece of acidic semi-natural deciduous woodland is situated on the edge of a suburban area on the north-east facing side of the Atherstone-Nuneaton ridge, between the estates of Hartshill to the north and west, and those of the Chapel End-Camp Hill area of Nuneaton to the south and south-east. The woodland is a remnant of a much larger area of woodland, illustrated by the pronounced wood bank (and ditch) running down the eastern side of the site.
Whittleford Lagoon pLWS 785 m south-
west
Within the built up area of Nuneaton, the site is surrounded by steep wooded banks. Part of the central area supports wetland species with the majority made up of dry grassland. The banks support a good diversity of trees and shrubs.
Hartshill Quarries and Boons Quarry
LWS 805 m north
The site contains three designated Local Wildlife Sites (LWS): Jees Quarry; Jees Mount and Hartshill Lagoon. Parts of the remainder have been identified as potential Local Wildlife Sites (pLWS). The site includes Jees Quarry Local Geological Site (LGS). Also known as Jee’s Quarry. This is a very large complex site. Part of the site (Boons Quarry) is a SSSI, with parts also designated as an LGS. The site has considerable botanical and invertebrate interest, as well as holding a range of reptile species, including common lizard Zootoca vivipara. Habitats include grassland, marsh, pools, ephemeral, tall herb, post-industrial, scrub, woodland and bare ground, as well as the usual habitats found on ballast and quarry exposures.
Windmill Corner Quarry LWS 890 m north-
east
A steep sided quarry with standing water. The site is almost entirely sycamore semi-natural woodland. Contains a lot of dumped rubbish.
Table 4.1: Summary of Nature Conservation Sites (Cont.)
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Site Name Designation Proximity to Survey Area
Description
Judkins Quarry Ecosite 980 m north-
east
Landfill operations are now finished here and the area is now grassland. This will be managed to prevent trees from breaking the capped landfill surface, with the rest forming part of a household waste site. The site supports common spotted orchid Dactylorhiza fuchsii on top of the quarry banks, gorse Ulex europaeus and hawthorn Crataegus monogyna scrub
and a few trees. The cliff faces are relatively undisturbed so provide a good habitat for nesting birds.
Midland Quarry pLWS 1 km east
The site has a spoil bank on the south-western embankment which has regenerated species-rich grassland. This habitat appears to extend around the top of the quarry void, along with areas of woodland and scrub. There is anecdotal evidence that great crested newt Triturus cristatus may be present, with
the list of breeding birds in the past having included meadow pipit Anthrus pratensis, a bird more normally associated with more upland environments. The site is also thought to be important for a range of invertebrates, including butterflies, beetles, bees and wasps.
Tuttle Hill Quarries Ecosite 1 km north-
east
A working quarry now extensively tipped with household waste. A good number of bird species have been recorded, with historical records of nesting sand martin Riparia riparia. Habitats include scrub, tall herb, grassland and cliff areas.
Ancient Woodland Sites
Kings Wood ASNW 1.5 km south-
west No information provided.
Spring Kidden/ North Woods
ASNW 1.5 km south No information provided.
Hartshill Hayes ARW 1.6 km north-
west This ancient woodland encompasses Illing’s Trenches SSSI, as detailed above.
Key:
SAC: Special Area of Conservation LNR: Local Nature Reserve SSSI: Site of Special Scientific Interest LWS: Local Wildlife Site pLWS: potential/proposed Local Wildlife Site Ecosite: Nature conservation site ASNW: Ancient semi-natural woodland ARW: Ancient replanted woodland
Table 4.1: (Cont.) Summary of Nature Conservation Sites
The survey area was found to be within the SSSI impact risk zone of several SSSIs, with the closest one being Illing’s Trenches, as detailed above. The risk zones of this conservation site comprise infrastructure, quarries, residential, rural residential, air pollution, combustion, waste and water supply. A further two ancient semi-natural woodlands were present within a 2 km radius of the survey area, however there is no further information provided.
4.3 PROTECTED / NOTABLE SPECIES
Table 4.2 and the following text provide a summary of protected and notable species records within a 1 km radius of the study area. It should be noted that the absence of records should not be taken as confirmation that a species is absent from the search area.
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Species No. of
Records
Most Recent Record
Proximity of Nearest Record to Study Area
Species of Principal
Importance?
Legislation / Conservation Status
Mammals- bats
Pipistrelle Pipistrellus sp.
1 2005 330 m south-
east #
ECH 4, WCA 5, WCA 6
Noctule Nyctalus noctula
1 2005 330 m south-
east
ECH 4, WCA 5, WCA 6
Unidentified bat Chiroptera sp.
1 2004 490 m south # #
Amphibians
Common frog Rana temporaria
16 2003 Potentially on
site+ - WCA 5 S9(5)
Smooth newt Lissotriton vulgaris
9 2007 110 m east - WCA 5 S9(5)
Common toad Bufo bufo
29 2013 130 m south WCA 5 S9(5)
Reptiles
Common lizard Zootoca vivipara
11 2007 130 m south WCA 5 S9(1) WCA 5 S9(5)
Grass snake Natrix natrix
5 2009 130 m south WCA 5 S9(1), WCA 5 S9(5)
Birds
Willow tit Poecile montana
1 2006 30 m south -
Eurasian hobby Falco subbuteo
1 2008 660 m south - WCA1i
Honey-buzzard Pernis apivorus
1 2008 Potentially within
1 km radius* - WCA1i
Redwing Turdus iliacus
1 2008 Potentially within
1 km radius* - WCA1i
Key:
#: Dependent on species. +: Grid reference provided was six figures and as such, the record may be located within 100 m of the study site. *: Grid reference provided was four figures only.
ECH 4: Annex IV of the European Communities Council Directive on the Conservation of Natural Habitats and Wild Fauna and Flora. Animal and plant species of community interest in need of strict protection.
WCA 1i: Schedule 1 Part 1 of Wildlife and Countryside Act 1981 (as amended). Birds protected by special penalties at all times. WCA 5: Schedule 5 of Wildlife and Countryside Act 1981 (as amended). Protected animals (other than birds). WCA 5 S9(1): Schedule 5 Section 9(1) of Wildlife and Countryside Act 1981 (as amended). Protected animals (other than birds). Protection limited to intentional killing, injury or taking. WCA 5 S9(5): Schedule 5 Section 9(5) of Wildlife and Countryside Act 1981 (as amended). Protected animals (other than birds). Protection limited to selling, offering for sale, processing or transporting for purpose of sale, or advertising for sale, any live or dead animal, or any part of, or anything derived from, such animal. WCA 6: Schedule 6 of Wildlife and Countryside Act 1981 (as amended). Animals which may not be killed or taken by certain methods.
Species of Principal Importance: Species of Principal Importance for Nature Conservation in England. Local BAP: Warwickshire Biodiversity Action Plan
Note. This table does not include reference to the Berne Convention (Convention on the Conservation of European Wildlife and Natural Habitats), the Bonn Convention on the Conservation of Migratory Species of Wild Animals or the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
Note. This table does not include reference to the Berne Convention (Convention on the Conservation of European Wildlife and Natural Habitats), the Bonn Convention on the Conservation of Migratory Species of Wild Animals or the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
Table 4.2: Summary of Protected/Notable Species Records Within 1 km of Survey Area
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Invertebrates The desk study provided records of twenty-nine species of butterfly and moth within a 1 km radius of the survey area listed as Species of Principal Importance including small square spot moth Diarsia rubi, rustic moth Hoplodrina blanda and wall butterfly Lasiommata megera.
4.4 INVASIVE SPECIES
The desk study provided no records of invasive plant species within a 1 km radius of the survey area. It should be noted that the absence of records should not be taken as confirmation that a species is absent from the search area.
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5. PHASE 1 HABITAT SURVEY
5.1 INTRODUCTION
The results of the Phase 1 Habitat Survey are presented in the following sections. An annotated Phase 1 Habitat Survey Drawing (Drawing C124473-01) is provided in Chapter 8. This drawing illustrates the location and extent of all habitat types recorded on site. Any notable features or features too small to map are detailed using target notes. Photographs taken during the field survey are presented in Chapter 9. The survey was carried out on 25th January 2017 by Victoria Worrall, Senior Ecological Consultant. Table 5.1 details the weather conditions at the time of the survey.
Parameter Condition
Temperature (ºC) 5
Cloud (%) 60
Wind (Beaufort) F3
Precipitation Nil
Table 5.1: Weather Conditions During Field Survey
5.2 SURVEY CONSTRAINTS AND LIMITATIONS
January is not an optimal time for completing botanical assessments however, given the nature of the habitats present, this was not considered to be a significant constraint to a robust initial site assessment.
5.3 HABITATS
The following habitat types were recorded on site during the field survey:
Dense scrub;
Hardstanding;
Poor semi-improved grassland; and,
Scattered tree. These habitats are described below. They are ordered alphabetically, not in order of ecological importance. Dense scrub A small patch of dense scrub was located centrally on site. The scrub comprised young oak Quercus sp., elder Sambucus nigra and field maple Acer campestre with a dense understorey of tall grasses, bramble Rubus fruticosus agg. and crack willow Salix fragilis saplings. Hardstanding An area of concrete hardstanding was located in the north-western extent of the site. This area was beginning to be colonised by ephemeral vegetation. Poor semi-improved grassland The site was dominated by poor semi-improved grassland. The majority of the grassland had a short sward due to regular foot fall by the public, species recorded included false oat grass Arrhenatherum elatius, bramble and cock’s foot Dactylis glomerata. The grassland was more tussocky in nature within the south-eastern extent and contained occasional patches of rush Juncus sp indicative of damp conditions. Scattered tree An early-mature pear Pyrus sp. tree, which was in poor condition was located in the north-western extent of the site.
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5.4 FAUNA
During the survey field signs of faunal species were recorded. The time of year at which the survey is undertaken will affect species or field signs directly recorded during the survey. Birds Bird species observed on site are detailed in Table 5.2.
Common name Latin name Conservation status
Blackbird Turdus merula -
Blue tit Cyanistes caeruleus -
Dunnock Prunella modularis Amber List, Species of Principal Importance
Great tit Parus major
House sparrow Passer domesticus Red List. Species of Principal Importance.
Magpie Pica pica -
Pigeon Columba palumbus -
Robin Erithacus rubecula -
Song thrush Turdus philomelos Red List. Species of Principal Importance.
Wren Troglodytes troglodytes -
Red List - species are those that are globally threatened, whose population or range has
declined rapidly in recent years (i.e. by more than 50% in 25 years), or which have declined historically and not recovered. Amber List- Amber list species are those whose population or range has declined
moderately in recent years (by more than 25% but less than 50% in 25 years), those whose population has declined historically but recovered recently, rare breeders (fewer than 300 pairs), those with internationally important populations in the UK, those with localised populations, and those with an unfavourable conservation status in Europe. Species of Principal Importance: Species of Principal Importance for Nature
Conservation in England.
Table 5.2: Bird Species Observed during the Field Survey
5.5 INVASIVE PLANT SPECIES
No invasive species were recorded on site during the field survey.
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6. DISCUSSIONS AND CONCLUSIONS
6.1 SUMMARY OF PROPOSALS
It is understood that the proposed works involve the re-profiling of the site to connect the new housing development to Whittleford Park. Access footpaths will also be created.
6.2 NATURE CONSERVATION SITES
The desk study exercise identified one European statutory site within 5 km of the survey area, three UK statutory sites, five ancient woodlands within 2 km, and twenty-six non-statutory sites within 1 km. The site is not located within 10 km of a statutory site designated for bats. The significance of these sites to the proposed works is discussed below. European Statutory Sites ‘Ensor’s Pool’ SAC, SSSI and LNR is located approximately 2.2 km south-east of the survey area. It is considered unlikely that the proposed works will adversely impact this conservation site, as the pool is isolated from other river systems and therefore not directly connected to the site. Given the distance between the conservation site and the survey area, and the built-up nature of the intervening habitats, this European protected site is not deemed to be a notable consideration for the proposed works. UK Statutory Sites ‘Galley Common’ LNR is located approximately 960 m south-west of the survey area. Given the distance between the survey area and the conservation site, and the built-up nature of the intervening habitats, it is considered unlikely that the proposed works will adversely impact this conservation site. The survey area was found to be within the SSSI impact risk zone of several nature conservation sites, the closest being ‘Illing’s Trenches’ SSSI, located approximately 1.8 km north-west of the survey area. This conservation site and the second closest ‘Boon’s Quarry’ are notable for their geological interest and therefore, any impacts from the proposed works are generally not considered under this assessment. In addition, the type of works proposed do not fall under any of the potential risk categories for these SSSIs (please refer to Appendix 1). Non-Statutory Sites The site forms a small portion of the ‘Barpool Valley and Bucks Hill Claypit’ Local Wildlife Site (LWS). The works will result in habitat loss in order to re-profile the land, however the area impacted is relatively limited in extent and comprises common habitat types with limited species diversity. Providing the bank is planted with a mosaic of wildlife attracting vegetation no detrimental impacts on the integrity of the wildlife site is anticipated. Nevertheless, as the works will cause direct impacts on a designated site the Local Planning Authority ecologist and / or the local Wildlife Trust should be consulted prior to any works commencing (please refer to Section 7.1). The majority of this conservation site will be retained offsite, however these areas may be indirectly impacted during the construction phase. A recommendation for the production of a Construction Ecological Management Plan (CEcMP) has therefore been made in Section 7.1 with regard to minimising these impacts. The remaining conservation sites are located 200 m or more from the survey area. Given the distance between these conservation sites and the survey area, and the developed/urban nature of the intervening habitats, it is unlikely that the proposed works will adversely affect these conservation sites. Therefore these non-statutory sites are not a notable consideration.
6.3 HABITATS
The ecological importance of the habitats present on site is determined by their presence on the list of Habitats of Principal Importance in England and on the Local BAP. It also takes into account the intrinsic value of the habitat. Those habitats which are considered to be of intrinsic importance and have the potential to be impacted by the site proposals are highlighted as notable considerations. A discussion of the implications of the site proposals with regard to the habitats present on site is provided in the text below. A separate discussion of the value of the habitats on site to protected or notable species is provided in Section 6.4.
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An early-mature pear tree was located on site. This tree had excessive damage to the main stem and has been categorised by an arboriculturalist as unsuitable for retention (please refer to Pre-development Arboricultural Assessment Report RT-MME-121658-02). This tree is therefore not a notable consideration in relation to the proposals. The grassland, dense scrub and hardstanding habitats are well represented locally and have low-species diversity. In addition, they are not Habitats of Principal Importance or listed on the local BAP. The loss of these habitats is therefore not considered be detrimental to the ecology of the local area.
6.4 PROTECTED/NOTABLE SPECIES
The following paragraphs consider the likely impact of the site proposals on protected or notable species. This is based on those species highlighted in the desk study exercise (Chapter 4) and other species for which potentially suitable habitat occurs within or adjacent to the survey area. Mammals Bats The desk study provided records of at least two species of bat within a 1 km radius of the survey area, with the closest record located 330 m to the south-east. A single early-mature pear tree was recorded on site; however, it did not contain any features deemed suitable for use by roosting bats. The scrub and grassland on site provides suitable foraging opportunities for bats and links to high quality bat habitat within the surrounding local wildlife site. Given the abundance of alternative habitat in the locality, the small scale loss of habitat on site is not considered to be detrimental to foraging/commuting bats in the long term. However, any additional lighting, temporary or permanent, could potentially cause disturbance to local populations of foraging/commuting bats. Therefore, to ensure the surrounding land and habitats remain suitable for foraging/commuting bats a recommendation regarding lighting has been made in Section 7.3. These protection measures will also be addressed within the CEcMP. Badger and other foraging terrestrial mammals The desk study provided no records of badger or other foraging terrestrial mammals, such as hedgehog, within a 1 km radius of the survey area. The survey area provides limited sett-building habitat for badger, however may be used for foraging and commuting purposes. No evidence of badgers (such as setts, foraging signs or latrines) using the survey area or the surrounding habitat was noted at the time of the walkover survey. It is not anticipated that any significant excavations will be required to facilitate the works and therefore foraging terrestrial mammals (including badger and hedgehog) are not a notable consideration in relation to the proposals. Amphibians The desk study provided records of three species of amphibian within a 1 km radius of the survey area and records of common frog located potentially on the site. The desk study provided no records of great crested newts. The site offers no suitable breeding habitat for amphibians but provides potential terrestrial habitat, in the form of tussocky grassland and dense scrub. In 2009 Middlemarch Environmental Ltd undertook a great crested newt survey of aquatic habitat within 500 m of an adjacent development site (Whittleford Park Balancing Scheme Project). No great crested newts were recorded. Furthermore, in 2016 a HSI assessment and eDNA sampling was undertaken of all ponds within a 500 m of the adjacent Phase 4 & 6 development site, the result of the eDNA analysis was negative. The risk of great crested newts being present on site is therefore considered negligible. However, given that common amphibians have been recorded on adjacent land it is recommended that a precautionary approach to vegetation clearance and construction activities is implemented. A recommendation is made within Section 7.3. Reptiles The desk study provided records of two reptile species within a 1 km radius of the survey area; the closest records included common lizard and grass snake 130 m to the south of the site. The longer areas of grassland and pocket of dense scrub offer suitable habitat for reptiles and is linked to further suitable reptile habitat to the south and east. Middlemarch Environmental Ltd undertook a reptile survey of the adjacent Phase 4 & 6 development in 2016. No reptiles were recorded on site and therefore the proposed
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works are not considered to adversely impact upon the favourable conservation status of reptiles. However, given reptiles (grass snake) have previously been recorded on adjacent land a precautionary approach to vegetation clearance is recommended, please refer to Section 7.3. Birds The desk study provided records of three species of bird listed as Schedule 1 on the Wildlife and Countryside Act 1981 (as amended). The specific breeding ranges and habitat requirements of these species mean that they are unlikely to nest or forage within the survey area. A record of willow tit was also identified within the desk study, as well as various bird species recorded on site at the time of survey. The tree and dense scrub on site provide suitable habitat for nesting birds. If the proposed works are undertaken in the bird nesting season then there is potential for impact upon nesting birds and as such, a recommendation has been made in Section 7.3. Due to the limited extent of potential nesting and foraging habitat to be removed and the presence of alternative suitable habitats within the local vicinity, it is considered that the works should not adversely impact local bird populations in the long term. Nevertheless, as some loss of habitat will occur, enhancement recommendations are provided within Section 7.2. Vegetation clearance will also be addressed within the CEcMP. Invertebrates The desk study provided records of twenty-nine notable butterfly and moth species within a 1 km radius of the survey area. Suitable habitat for some of these species were noted on site at the time of survey; however, given the presence of similar habitat in the wider landscape, it is considered unlikely that these species will be adversely impacted in the long-term. Nevertheless, to mitigate the potential impacts of habitat loss on these species enhancement recommendations have been made in Section 7.2. Other Species The following protected species are not considered to be material considerations due to the lack of desk study records and absence of suitable habitats within the development site and its surroundings: brown hare Lepus europeaus, dormouse Muscardinus avellanarius, water vole Arvicola amphibius and otter Lutra lutra. Summary Species considered to be of relevance to the proposed development are summarised in Table 6.2.
Species / Species Group Species of Principal
Importance? Summary of Potential Impacts
Bats - Loss of suitable habitat, fragmentation of
suitable habitat by lighting
Amphibians # Loss of suitable habitat,
direct harm/injury
Reptiles Loss of suitable habitat,
direct harm/injury
Birds # Loss of suitable habitat,
direct harm/injury
#Species dependent
Table 6.2: Summary of Potential Impacts on Notable Species
6.5 INVASIVE PLANT SPECIES
The desk study provided no records of invasive plant species within a 1 km radius of the survey area and no invasive plant species were identified at the time of survey. Therefore, invasive plant species are not a notable consideration in regard to the proposed development.
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7. RECOMMENDATIONS
All recommendations provided in this section are based on Middlemarch Environmental Ltd’s current understanding of the site proposals, correct at the time the report was compiled. Should the proposals alter, the conclusions and recommendations made in the report should be reviewed to ensure that they remain appropriate. The ecological mitigation hierarchy should be applied when considering development which may have a significant effect on biodiversity. The ecological mitigation hierarchy, as set out in the National Planning Policy Framework (NPPF), and the National Planning Practice Guidance (NPPG) should follow these principles:
Avoidance – development should be designed to avoid significant harm to valuable wildlife habitats and species.
Mitigation – where significant harm cannot be wholly or partially avoided, it should be minimised by design or through the use of effective mitigation measures.
Compensation – where, despite whatever mitigation would be effective, there would still be significant residual harm, as a last resort, compensation should be used to provide an equivalent value of biodiversity.
7.1 NATURE CONSERVATION SITES
The following recommendations are made regarding nature conservation sites (in line with Local Plan 2006: EN17 Nature Conservation):
R1 Barpool Valley and Bucks Hill Claypit Local Wildlife Site: The proposed works will directly impact
upon ‘Barpool Valley and Bucks Hill Claypit’ which is designated as a Local Wildlife Site (LWS). As such, the Local Planning Authority ecologist and / or the local Wildlife Trust should be consulted prior to any works commencing to discuss the impacts on this nature conservation site and to determine what construction control measures/mitigation measures are required. To ensure minimal impact upon this site’s biodiversity the development should be designed to avoid impacts on ecologically valuable habitats within the LWS in the first instance. If impacts cannot be avoided then suitable mitigation and/or, as a last resort, compensation measures should be adopted in accordance with the ecological mitigation hierarchy.
R2 Construction Ecological Management Plan: A Construction Ecological Management Plan (CEcMP) should be compiled for the site. The aim of the CEcMP is to minimise the potential impact of the construction phase of the development on the existing ecology of the site and off site receptors, and ensure works proceed in accordance with current wildlife legislation. This document
should be agreed with the Local Planning Authority ecologist prior to any works commencing.
7.2 HABITATS
The following recommendations are made regarding the habitats present on site: R3 Habitat Loss and Enhancement: In accordance with the provision of Chapter 11 of the National
Planning Policy Framework (Conserving and Enhancing the Natural Environment) and Local Planning Policy, biodiversity enhancement measures should be incorporated into the landscaping scheme of the proposed development to maximise the ecological value of the site. Specific habitat creation recommendations for the proposed scheme include the following:
Creation of wildflower grassland to compensate for the loss of poor semi-improved grassland habitat and provide suitable habitat for a range of fauna including reptiles, birds, invertebrates and foraging/commuting bats.
7.3 PROTECTED / NOTABLE SPECIES
To ensure compliance with wildlife legislation and relevant planning policy (Local Plan 2006: Policy EN18 Nature Conservation), the following recommendations are made:
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R4 Foraging Bats: In line with paragraph 125 of the National Planning Policy Framework, the development should aim to limit the impact of light pollution on bats through the use/installation of low-intensity lighting systems with minimum spillage. Lighting should not adversely impact on the adjacent Whittleford Park. Lighting should be designed using guidance from ‘Landscape and Urban Design for Bats and Biodiversity’ (Gunnell et al, 2012, Bat Conservation Trust).
R5 Reptiles: Vegetation clearance should be undertaken in a sensitive manner during the reptile
active season (this is weather dependent but generally extends between and April and September inclusive). Should any reptiles be discovered on site, works should cease immediately and an experienced ecologist should be contacted to determine a way forward.
R6 Amphibians: The site clearance protocols and working methodologies, detailed within Chapter 6 of
the Great Crested Newt Assessment and Reasonable Avoidance Method Statement Report RT-MME-122199-02 (Phases 4 & 6) will also be applicable to this application and should be adhered to.
R7 Nesting Birds: Vegetation clearance should be undertaken outside the nesting bird season. The
nesting bird season is weather dependent but generally extends between March and September inclusive (peak period March-August). If this is not possible then any vegetation to be removed or disturbed should be checked by an experienced ecologist for nesting birds immediately prior to works commencing. If birds are found to be nesting any works which may affect them would have to be delayed until the young have fledged and the nest has been abandoned naturally, for example via the implementation of an appropriate buffer zone (species dependent) around the nest in which no disturbance is permitted until the nest is no longer in use.
7.4 INVASIVE PLANT SPECIES
There are no recommendations made regarding invasive plant species.
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8. DRAWINGS
Drawing C124473-01– Phase 1 Habitat Map
Proposed Site Plan / 004 Rev T
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0 10050 m
Triumph House, Birmingham Road, Allesley, Coventry CV5 9AZT:01676 525880 F:01676 521400
E:admin@middlemarch-environmental.com
$
C124473-01
Project
Drawing
Client
Drawing Number
Scale @ A3
Approved By Drawn By
Date
RevisionC124473-01
1:1,500VW RP
February 201700
Barrat HomesPhase 1 Habitat Map
Whittleford Park, Camp Hill, Nuneaton
LegendSurvey boundary
&§ Scattered treeDense scrubHardstandingPoor semi-improved grassland
!H Target note
This map is reproduced from the Ordnance Survey material with the permission of Ordnance Survey on behalfof The Controller of Her Majesty's Stationary Office. © Crown copyright. Unauthorised reproduction infringes
Crown copyright and may lead to prosecution of civil proceedings. Licence Number: 100040519
SI
1 Patches of rush2 Unmanaged section of poor semi-improved grassland3 Managed sections of poor semi-improved grassland used by public as footpath
485
486
487
475
476
477
478
479
480
481
482
483
503
502
501
500
499
498
497
496
495
494
493
492
490
489
488
504
505
506
507
508
509
511
512
513
514
515
516
517
518
519
520
521
522
526
525
524
523
540
539
538
537
527
528
529
530
531
536
535
534
533
532
541
542
543
557
556
555
554
544
545
546
547
548
553
552
551
550
549
558
559
560
561
575
574
573
572
571
570
569
568
567
566
565
564
563
577
578
579
589
588
587
586
585
584
583
582
581
580
591
592
593
594
595
596
597
598
599
600
601
590
457-459
460-462
602-604
491
510
463-465
466-468
469-471
472-474
576
605-607
608-610
457
458
459
460
461
462
463
464
465
466
468
469
470
471
472
473
474
467
477
479
V
V
481
480
503
489
491
493
493
492
490
484
502
500
501
499
499
498
498
497
496
494
505
506
523
524
525
525
526
526
507
510
511
512
512
522
521
V
V
519
520
515
516
517
517
518
518
537
538
539
539
540
540
513
V
V
V
V
528
530
531
531
529
536
535
534
532
554
555
556
556
557
557
542
544
543
545
5
4
7
5
4
6
550
551
575
574
573
573
572
572
570
571
542
545
559
560
560
562
563
564
569
568
567
S
566
577
581
581
580
579
579
590
578
578
587
587
586
586
585
585
583
584
588
589
592
600
601
595
595
598
598
597
597
596
596
599
619
618
617
616
615
608
609
610
607
606
602
603
604
605
611
612
613
614
593
594
549
561
495
488
514
527
541
5
4
8
565
614-616
617-619
591
582
576
558
541
533
V
V
504
509
511
508
508
543
509
C
P
V
V
491
490
492
479
477
478
475
476
476
482
482
484
487
485
B
L
O
C
K
K
B
L
O
C
K
M
B
L
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C
K
N
B
L
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K
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483
483
486
486
M
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553
552
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475
529
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B
B
B
B
B
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B
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103.64
103.67
Lp
Lp
B
B
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Bus
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Elec
1
2
5
.
2
7
1
2
4
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3
6
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T9DEnd
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T8BEnd
T8BEnd
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T3
T3
T3
T3
T3
T1AMid
Mid
Mid
T3Mid
End
T3End
T3End
T3End
T3End
T3End
T1AEnd
T1ADet
125.70
125.0
122.0
122.0
120.0
120.0
119.0
119.0
118.0
115.0
120.22
*
*
*
*
*
*
F2Det
T4
T4
330
322
325
328
324
327
329
368
386
367
366
365
341
404
406
405
407
409
410
411
397
400
398
Det
Det
End
End
Det
G2 V1DT
G2 V1DT
G2 V1DT
G2 V1DT
GDT
G2 V1DT
330
330
329
329
328
328
327
327
326
326
325
325
324
324
323
323
322
322
378378
380
376
376
375
375
374
374
373
373
372
372
371
371
370
370
368
368
366
366
396
394
394
393
393
392
367
367
332
332
334
355355
338354
354
352
352
351
351
337
334
337
341
341
342
342
341
342343
343
344
344
343344
345
345
346
346
345
346
347
347
348
348
347
348
349
349
350
350
349
350
389
389
388
388
389388
361
361
360
360
359
359
353
353
363
391
391
386
386
384
384
382
382383
383
385
385
380379
379381
381
397
411
410
410
408
408
405
405
406
406
401
401
402
402
398
398
400
400
T4End
T4End
F2Det
T9BEnd
End
T9B
T3End
EndT4
End
T4
333
333
T3End
338
339
340
340
339
397
396
364
335335
336336
356356
357357
End
T9DEnd
T9D
369
369
377
377
T18End
*
T20End
T20End
409
409
2
7
3
404
404
T2DT
T2DT
*
T20
T2ET
T2ET
T3End
T3End
T20End
T2MT
T2ET
T2ET
T2ET
395
395
Det
T4
T2ET
365
365364
364
331
331
DetT4
387
387
T8BEnd
T8BEnd
F2Det
390
390
392
399
399
408
411
GDT
399
407
407
ET
T2
403
403
T17End
T2MT
T2ET
T3End
T3End
358
358
362
362
363
ETT2
ETT2
T21ET
ETT21
ETT21
ET
T2
ETT21
T4BDet
DetT4B
T4BDet
T4BDet
T4BDT
T4BDT
v
v
323
326
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6
Mews 5
Parking Court
Lane 7
Mews 6
Private Drive
Det
T4
T9BEnd
T9BEnd
T9BEnd
T9BEnd
306-308
310
311
312
313
315
315
315
314
314
313
313
312
312
311
311
300-302
303-305
309
302 306
307
305
304
310
310
309
303
301
300308
314
Det
T4Det
T4
DetT4
T4Det
Indicative
Phase 5
Development
Private Drive
(H)
(H)
T1DDet
T1DDet
T1DDet
T1DDet
DetT4
DetT4
DetT4
DetT4
T1DDet
331
332
333
334
335
336
337338
339
340342
343344345
346347
348349
350
351
352
353
354 355
356
357358
359361
362
363
360
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
387
388
389390
391
392
393
394
395 396
403
401
402
v
v
v
v
*
*
Bin Store
4 No.
Cycle Store
*
1
:
1
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1
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1
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6
1
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317
318
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*
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267
269
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2
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*
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159
160
161
162
163
199
164
198
197
196
195
194
193
192
190
191
189
188
187
186
170
169
168
171
172
173
174
175
183
184
181
182
180
179
176
177
178
165
166
167
185
201
202
203
204
207
205
206
208
209
210
211
213
214
215
219
218
216
217
220
221
222
237
235
212
273
272
271
270
259
260
261
263
268
266
264
265
290
286
287
281
282
284
279
278
280
277
276
275
274
262
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3
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4
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288
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159
160
160
161
162
162
199
200
163
166
167
167
168
168
169
169
170
170
171
171
172
172
173
173
174
175
176
177
181
181
182
183
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v
184
185
187
187
186
189
v
240
242
239
241
238
213
213
54
212
53
211
215
56
216
57
217
58
218
59
234
191
194
195
193
189
196
199
198
197
202
v
v
209
209
219
218
218
220
220
257
v
v
261
227
226
226
225
228
v
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250
249
249
252
277
275
274
273
276
291
289
289
290
259
260
288
285
286
285
283
123
258
278
262
299
263
265
266
270
268
269
267
V
v
v
294
v
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235
234
233
232
231
230
243
244
245
246
247
225
248
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v
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5
refuse
layout
zone
refuse
layout
zone
refuse
layout
zone
223
224
225
*
226
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279
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47
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237
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174
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176
177
179
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287
288
290
295
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182
183
185
186
184
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Apt. Block J316-318
Apt. Block J319-321
Apt. Block H
Apt. Block H
Apt. Block H
292
293
294
272
293
294
*
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T9B
F2BESPOKE
F2
T21BESPOKE
T21BESPOKE
T9B
F3
F3
T8B
T8B
T8B
T8B
412
412
413
413
413
414
414
414
415
415
415
416
416
416
417
417
417
418418
418
419
419
420
420
420
421
421
421 422
422
422423
423
424
424
428
429
430
426
426
427
427
428
428
429
429
430
431
432
433
434
435
436
437
438
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
456
F3
T9B
T9B
T9B
T9B
423
424
425
426
425
425
427
T8B
T8B
430
439
428
419
V
562
561
V
V
V
530
544
562
580
Alverton 2 Bed
Tivdale
Barwick
Moreton
Severn
2 Bed
490
7
30
40
711
830
11
687 4,809
21,330
14,940
44,280
3 Bed
3 Bed
1 Bed
Norbury
3 Bed 1107
916
Apt Block K 3 x 1B2P 6 x 2B4P
-
2
9
9
Apt Block L
5,520*
5,817*
18
10,076
980
Moreleigh
193 Bed 874 16,606
House Type Ref. Size/Mix Area (Sq.Ft) Unit No.
Total 163 135,607
Apt Block M
Apt Block N
7,379*
3,870*
12
6
-
-
-
9 x 2B4P
2 x 1B2P 10 x 2B4P
6 x 2B4P
Note * - Net Internal Area for Apartment Blocks
T: +44 (0)24 7652 7600
name:
E:info@idpgroup.com
comment(s):
www.
rev:
we
date:
idp .com
check:
WE ARE IDP.
PROJECT MANAGERS.
C
notes:
this drawing and the building works depicted are the copyright of idp and may
not be reproduced or amended except by written permission. no liability will be
accepted for amendments made by other persons.
all dimensions to be checked on site and architect notified of any
discrepancies prior to commencement.
do not scale.
URBAN DESIGNERS.
ARCHITECTS.
004 Rev Tdrg no:C2026job no:
IDP GROUP 27 SPON STREET COVENTRY CV1 3BA
PLANNERS.
N
title:
scale @ a0:
date:
checked:
status:
PLANNING
Barratt Mercia
are
client:
Saxon Rise - Phase 4 & 6job:
Proposed Site Plan
drawn:
RIBA Stage:
AJW 08/03/2016
CBM 1:500
LANDSCAPE ARCHITECTS.
0 5 10 20 30 40
metresscale 1:500
3
T:
Landscaping is indicative subject to detailed design.
SOS
Planning Approved layout (rev S)
amended to show FOG units with single
width underpass, plots 530, 544, 562,
579. Additional parking spaces allocated.
Extent of engineering works indicated to
Park
T13.01.2017 CBM
New tarmac path to Sustrans route.
New tarmac footpath/cycleway banking up to suit new levels.
Line of approved soil banking
Proposed 1 in 6
Soil slope
Proposed 1 in 20
slope to footway/cycleway
Proposed 1 in 15
slope to footway
Proposed 1 in 15
slope to footway
Proposed 1 in 6
Soil slope
Proposed 1 in 6
Soil slope
+1100
+1100
+1500
+1500
+1500
+1500
+1500
+300
+650
Land South of Saxon Rise, Camp Hill, Nuneaton RT-MME-124473-01 Preliminary Ecological Appraisal
Middlemarch Environmental Ltd. Page 26
9. PHOTOGRAPHS
Plate 9.1: Hardstanding habitat Plate 9.2: Managed semi-improved grassland
Plate 9.3: Pear tree in poor condition Plate 9.4: Unmanaged grassland (south-eastern extent)
Land South of Saxon Rise, Camp Hill, Nuneaton RT-MME-124473-01 Preliminary Ecological Appraisal
Middlemarch Environmental Ltd. Page 27
REFERENCES AND BIBLIOGRAPHY
British Standards Institution (2013). British Standard 42020: 2013. Biodiversity – Code of practice for
planning and development. British Standards Institution, London. British Standards Institution. (2012). British Standard 5837:2012, Trees in relation to design, demolition and
construction – recommendations. British Standards Institution, London. Department for Communities and Local Government (2012). National Planning Policy Framework. Available:
http://www.communities.gov.uk/planningandbuilding/planningsystem/planningpolicy/planningpolicyframework/
Institute of Environmental Assessment. (1995). Guidelines for Baseline Ecological Assessment, Institute of
Environmental Assessment. E&FN Spon, An Imprint of Chapman and Hall. London. Joint Nature Conservation Committee (2010). Handbook for Phase 1 Habitat Survey: A technique for
environmental audit (reprint). Joint Nature Conservation Committee, Peterborough. Joint Nature Conservation Committee (2012). UK Post-2010 Biodiversity Framework. Available:
http://jncc.defra.gov.uk/pdf/UK_Post2010_Bio-Fwork.pdf Middlemarch Environmental Ltd (2016). Preliminary Ecological Assessment: Saxon Rise Phase 4 and 6,
Camphill, Nuneaton. Report RT-MME-121958-01 Middlemarch Environmental Ltd (2016). Reptile Survey: Saxon Rise Phase 4 and 6, Camphill, Nuneaton.
Report RT-MME-122199-01 Middlemarch Environmental Ltd (2016). Great Crested Newt Asssesment and Reasonable Avoidance
Method Statement: Saxon Rise Phase 4 and 6, Camphill, Nuneaton. Report RT-MME-122199-01
Land South of Saxon Rise, Camp Hill, Nuneaton RT-MME-124473-01 Preliminary Ecological Appraisal
Middlemarch Environmental Ltd. Page 28
APPENDICES
APPENDIX 1: Summary of Statutory Nature Conservation Sites APPENDIX 2: Overview of Relevant Species Specific Legislation
Land South of Saxon Rise, Camp Hill, Nuneaton RT-MME-124473-01 Preliminary Ecological Appraisal
Middlemarch Environmental Ltd. Page 29
APPENDIX 1
Summary of Statutory Nature Conservation Sites
Land South of Saxon Rise, Camp Hill, Nuneaton RT-MME-124473-01 Preliminary Ecological Appraisal
Middlemarch Environmental Ltd. Page 30
UK Statutory sites located within 2 km Site Check Report Report generated on Fri Feb 03 2017 You selected the location: Centroid Grid Ref: SP333925 The following features have been found in your search area: Ancient Woodland (England) Wood Name Theme Name Ancient & Semi-Natural Woodland Theme ID
1410824 Area (Ha) 4.538443 Wood Name Theme Name Ancient & Semi-Natural Woodland Theme ID 1410834 Area (Ha) 1.419018 Wood Name HARTSHILL HAYES
Theme Name Ancient Replanted Woodland Theme ID 1107870 Area (Ha) 46.143006 Wood Name KINGS WOOD Theme Name Ancient & Semi-Natural Woodland Theme ID 1107869
Area (Ha) 2.062646 Wood Name SPRING KIDDEN/NORTH WOODS Theme Name Ancient & Semi-Natural Woodland Theme ID 1107872 Area (Ha) 2.363309 Local Nature Reserves (England)
Reference 1421557 Name GALLEY COMMON Hectares 13.32 Hyperlink http://www.lnr.naturalengland.org.uk/special/lnr/lnr_details.asp?themeid=1421557 Sites of Special Scientific Interest (England) Name Illing's Trenches SSSI Reference
1002265 Natural England Contact ROBINSON - MIKE Natural England Phone Number 0845 600 3078 Hectares 0.59 Citation 1001713 Hyperlink
Land South of Saxon Rise, Camp Hill, Nuneaton RT-MME-124473-01 Preliminary Ecological Appraisal
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http://designatedsites.naturalengland.org.uk/SiteDetail.aspx?SiteCode=s1001713 Name Boon's Quarry SSSI Reference 1002625 Natural England Contact
Farquhar - Lynne Natural England Phone Number 0845 600 3078 Hectares 0.82 Citation 1003283 Hyperlink http://designatedsites.naturalengland.org.uk/SiteDetail.aspx?SiteCode=s1003283 National Nature Reserves (England) No Features found SSSI Impact Risk Zones – to assess planning applications for likely impacts on SSSIs/SACs/SPAs &
Ramsar sites (England) 1. DOES PLANNING PROPOSAL FALL INTO ONE OR MORE OF THE CATEGORIES BELOW? 2. IF YES, CHECK THE CORRESPONDING DESCRIPTION(S) BELOW. LPA SHOULD CONSULT NATURAL ENGLAND ON LIKELY RISKS FROM THE FOLLOWING: All Planning Applications Infrastructure Airports, helipads and other aviation proposals. Wind & Solar Energy Minerals, Oil & Gas Planning applications for quarries, including: new proposals, Review of Minerals Permissions (ROMP), extensions, variations to conditions etc. Oil & gas exploration/extraction. Rural Non Residential
Residential Rural Residential Air Pollution Any industrial/agricultural development that could cause AIR POLLUTION (incl: industrial processes, pig & poultry units, slurry lagoons > 750m³ & manure stores > 3500t). Combustion General combustion processes >50MW energy input. Incl: energy from waste incineration, other incineration, landfill gas generation plant, pyrolysis/gasification, anaerobic digestion, sewage treatment works, other incineration/ combustion. Waste Composting
Discharges Water Supply GUIDANCE – How to use the Impact Risk Zones /Metadata_for_magic/SSSI IRZ User Guidance MAGIC.pdf 1. DOES PLANNING PROPOSAL FALL INTO ONE OR MORE OF THE CATEGORIES BELOW? 2. IF YES, CHECK THE CORRESPONDING DESCRIPTION(S) BELOW. LPA SHOULD CONSULT NATURAL ENGLAND ON LIKELY RISKS FROM THE FOLLOWING: All Planning Applications Infrastructure Pipelines, pylons and overhead cables. Any transport proposal including road, rail and by water (excluding routine maintenance). Airports, helipads and other aviation proposals. Wind & Solar Energy
Minerals, Oil & Gas Planning applications for quarries, including: new proposals, Review of Minerals Permissions (ROMP), extensions, variations to conditions etc. Oil & gas exploration/extraction. Rural Non Residential Residential Rural Residential Air Pollution Any industrial/agricultural development that could cause AIR POLLUTION (incl: industrial processes, pig & poultry units, slurry lagoons > 750m³ & manure stores > 3500t). Combustion General combustion processes >50MW energy input. Incl: energy from waste incineration, other incineration,
landfill gas generation plant, pyrolysis/gasification, anaerobic digestion, sewage treatment works, other incineration/ combustion.
Land South of Saxon Rise, Camp Hill, Nuneaton RT-MME-124473-01 Preliminary Ecological Appraisal
Middlemarch Environmental Ltd. Page 32
Waste Landfill. Incl: inert landfill, non-hazardous landfill, hazardous landfill. Composting Discharges Water Supply Large infrastructure such as warehousing / industry where total net additional gross internal floorspace
following development is 1,000m² or more. GUIDANCE – How to use the Impact Risk Zones /Metadata_for_magic/SSSI IRZ User Guidance MAGIC.pdf
EU Statutory Sites located within 5 km Site Check Report Report generated on Fri Feb 03 2017
You selected the location: Centroid Grid Ref: SP333925 The following features have been found in your search area: Special Areas of Conservation (England) Name ENSOR'S POOL Reference UK0012646 Hectares 3.72 Hyperlink http://jncc.defra.gov.uk/protectedsites/sacselection/sac.asp?eucode=UK0012646 Ramsar Sites (England)
No Features found Special Protection Areas (England) No Features found
Land South of Saxon Rise, Camp Hill, Nuneaton RT-MME-124473-01 Preliminary Ecological Appraisal
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Land South of Saxon Rise, Camp Hill, Nuneaton RT-MME-124473-01 Preliminary Ecological Appraisal
Middlemarch Environmental Ltd. Page 34
Land South of Saxon Rise, Camp Hill, Nuneaton RT-MME-124473-01 Preliminary Ecological Appraisal
Middlemarch Environmental Ltd. Page 35
APPENDIX 2
Overview of Relevant Species Specific Legislation
Land South of Saxon Rise, Camp Hill, Nuneaton RT-MME-124473-01 Preliminary Ecological Appraisal
Middlemarch Environmental Ltd. Page 36
Bats Bats and the places they use for shelter or protection (i.e. roosts) receive European protection under The Conservation of Habitats and Species Regulations 2010, as amended (Habitats Regulations 2010, as amended). They receive further legal protection under the Wildlife and Countryside Act (WCA) 1981, as amended. This protection means that bats, and the places they use for shelter or protection, are capable of being a material consideration in the planning process. Regulation 41 of the Habitats Regulations 2010 (as amended), states that a person commits an offence if they:
deliberately capture, injure or kill a bat;
deliberately disturb bats; or
damage or destroy a bat roost (breeding site or resting place). Disturbance of animals includes in particular any disturbance which is likely to impair their ability to survive, to breed or reproduce, or to rear or nurture their young, or in the case of animals of a hibernating or migratory species, to hibernate or migrate; or to affect significantly the local distribution or abundance of the species to which they belong. It is an offence under the Habitats Regulations 2010 (as amended) for any person to have in his possession or control, to transport, to sell or exchange or to offer for sale, any live or dead bats, part of a bat or anything derived from bats, which has been unlawfully taken from the wild. Whilst broadly similar to the above legislation, the WCA 1981 (as amended) differs in the following ways:
Section 9(1) of the WCA makes it an offence to intentionally kill, injure or take any protected species.
Section 9(4)(a) of the WCA makes it an offence to intentionally or recklessly* damage or destroy, or obstruct access to, any structure or place which a protected species uses for shelter or protection.
Section 9(4)(b) of the WCA makes it an offence to intentionally or recklessly* disturb any protected species while it is occupying a structure or place which it uses for shelter or protection.
*Reckless offences were added by the Countryside and Rights of Way (CRoW) Act 2000. As bats re-use the same roosts (breeding site or resting place) after periods of vacancy, legal opinion is that roosts are protected whether or not bats are present. The following bat species are Species of Principal Importance for Nature Conservation in England: Barbastelle Bat Barbastella barbastellus, Bechstein’s Bat Myotis bechsteinii, Noctule Bat Nyctalus noctula, Soprano Pipistrelle Pipistrellus pygmaeus, Brown Long-eared Bat Plecotus auritus, Greater Horseshoe Bat Rhinolophus ferrumequinum and Lesser Horseshoe Bat Rhinolophus hipposideros. Birds The Conservation of Habitats and Species Regulations 2010 (as amended) places a duty on public bodies to take measures to preserve, maintain and re-establish habitat for wild birds. Nesting and nest building birds are protected under the Wildlife and Countryside Act WCA 1981 (as amended). Subject to the provisions of the act, if any person intentionally:
kills, injures or takes any wild bird;
takes, damages or destroys the nest of any wild bird while that nest is in use or being built; or
takes or destroys an egg of any wild bird, he shall be guilty of an offence. Some species (listed in Schedule 1 of the WCA) are protected by special penalties. Subject to the provisions of the act, if any person intentionally or recklessly:
disturbs any wild bird included in Schedule 1 while it is building a nest or is in, on or near a nest containing eggs or young; or
disturbs dependent young of such a bird, he shall be guilty of an offence.
Land South of Saxon Rise, Camp Hill, Nuneaton RT-MME-124473-01 Preliminary Ecological Appraisal
Middlemarch Environmental Ltd. Page 37
Several bird species are Species of Principal Importance for Nature Conservation in England, making them capable of being material considerations in the planning process. Common amphibians Common frogs, common toad, smooth newt and palmate newt are protected in Britain under Schedule 5 of the Wildlife and Countryside Act (1981, as amended) with respect to sale only. They are also listed under Annex III of the Bern Convention 1979. Any exploitation of wild fauna specified in Appendix III shall be regulated in order to keep the populations out of danger. The convention seeks to prohibit the use of all indiscriminate means of capture and killing and the use of all means capable of causing local disappearance of, or serious disturbance to, populations of a species. Common toad is listed as a Species of Principal Importance for Nature Conservation in England. Reptiles All of the UK’s native reptiles are protected by law. The two rarest species – sand lizard (Lacerta agilis) and smooth snake (Coronella austriaca) – benefit from the greatest protection; however these two species are not known to occur within Warwickshire. Common lizard (Zootoca vivipara), slow-worm (Anguis fragilis), adder (Vipera berus) and grass snake (Natrix natrix) are protected under the Wildlife and Countryside Act 1981 as amended from intentional killing or injuring. In England and Wales, this Act has been amended by the Countryside and Rights of Way Act 2000 (CRoW), which adds an extra offence, makes species offences arrestable, increases the time limits for some prosecutions and increases penalties. The Natural Environment and Rural Communities (NERC) Act 2006 places a duty on Government Departments to have regard for the conservation of biodiversity and maintains lists of species and habitats which are of principal importance for the purposes of conserving biodiversity in England and Wales. All native reptile species are included on these lists. This is a simplified description of the legislation. In particular, the offences mentioned here may be absolute, intentional, deliberate or reckless. Note that where it is predictable that reptiles are likely to be killed or injured by activities such as site clearance, this could legally constitute intentional killing or injuring.
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