amphibian survey report - st helens council

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Parkside Regeneration LLP Former Parkside Colliery Amphibian Survey Report
FPC-ARP-ZZ-XX-RP-YE-00004 | ISSUE | 4 September 2015
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REPORTS\GCN-FPC-ARP-ZZ-XX-RP-YE-00004.DOCX
1.2 Survey Objectives 3
1.3 Report Structure 3
2 Legal Context 4
2.1.3 Natural Environment and Communities Act 2006 4
2.1.4 EC Directive Conservation of Natural Habitats & Flora (92/43/EEC) 4
2.1.5 National Planning Policy Framework 5
2.1.6 St. Helens Biodiversity Action Plan (BAP) 5
2.2 Great Crested Newts 6
3 Methodology 7
3.2.2 Great Crested Newt Survey Methodology 8
3.3 Limitations 8
4 Results 10
5.1 Best Practice 12
Tables
Table 2.1: Species and Habitat Action Plans covered within St. Helens BAP
Figures
Appendices
Page 1
Executive Summary
Ove Arup and Partners Ltd (Arup) was commissioned by Parkside Regeneration LLP (PRLLP) to undertake an amphibian survey to inform the masterplanning process of the Former Parkside Colliery (FPC) site. This site is located within the Newton-le-Willows area of St Helens, Merseyside. The purpose of the survey was to determine the presence or likely absence of amphibians including great crested newts Triturus cristatus within the proposed development area.
The amphibian survey was carried out in May/June 2015 during suitable weather conditions and followed current guidance.
Great crested newts were not recorded at any of the 12 waterbodies surveyed. However, smooth newts Lissotriton vulgaris, common toad Bufo bufo and/or common frog Rana temporiaria were recorded within nine of the waterbodies on site.
No statutory protection is afforded common toads, common frogs or common newts (smooth or palmate), unlike great crested newts. However, common toad has been classified as a Priority Species within the former UK BAP and is now included in Section 41: Species of Principal Importance in England under the NERC Act 2006.
In keeping with best practice it is recommended that appropriate measures are implemented through the adoption of a Method Statement to safeguard common amphibian species within the Former Parkside Colliery site, specifically common toad.
Page 2
1 Introduction
Ove Arup and Partners Ltd (Arup) was commissioned by Parkside Regeneration LLP (PRLLP) to undertake an amphibian survey in order to determine the presence or likely absence of amphibians including great crested newts Triturus cristatus at the Former Parkside Colliery (FPC) site. The site is located within the Newton-le-Willows area of St Helens, Merseyside.
1.1 Site and Scheme Description
The site is located approximately 6km to the north of the centre of Warrington and 8km to the east of the centre of St Helens and is the site of the former Parkside Colliery (Figure 1.1). The approximate grid reference of the centre of the site is SJ6002194728. The land within the site is currently the subject of a masterplanning process to identify suitable areas for development.
Figure 1.1: Site location
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1.2 Survey Objectives
The ownership boundary for the site is shown on Drawing 2.1 (indicated by the blue line). This area is referred to as ‘the site’ within the remainder of this report.
A Preliminary Ecological Appraisal (PEA) of the site was undertaken in July 20141. This survey identified 12 waterbodies on the site as potentially suitable
breeding habitat for amphibians, including great crested newts (Drawing 2.1, Phase 1 Habitat survey map).
The purpose of the amphibian survey was to ascertain the presence or likely absence of amphibian species and in particular, great crested newts, within the surveyed waterbodies. This report presents the findings of the surveys, identifies whether further survey works are required and recommends mitigation and enhancement measures, as appropriate. This document will provide ecological information to guide the masterplanning process.
1.3 Report Structure
The report includes:
Section 1: Introduction
1 Arup (2014). Former Parkside Colliery Ecological Appraisal .
Page 4
2.1.1 Wildlife and Countryside Act 1981 (as amended)
This is the primary legislation covering endangered species in England and sets out the framework for the designation of Sites of Special Scientific Interest (SSSIs). It confers differing levels of protection on species themselves, their habitats or both, depending on their conservation status. Species offered protection by the Act are listed in a series of schedules. These Schedules are subject to a rolling review on a five yearly basis. Protected species are listed under Schedule 1 (birds), Schedule 5 (animals other than birds and invertebrate; including great crested newts) and Schedule 8 (plants).
2.1.2 Countryside and Rights of Way Act 2000
This Act affords a greater level of protection to Sites of Special Scientific Interest (SSSIs), provides enhanced management arrangements for Areas of Outstanding Beauty (AONBs) and strengthens wildlife enforcement legislation. This Act has amended the Wildlife and Countryside Act by the addition of the term ‘recklessly’ to Section 1(5) and Section 9(4) which has resulted in additional obligations with respect to protected species. As such, it is now an offence to intentionally or recklessly disturb protected species listed on the relevant Schedules of the WCA 1981.
2.1.3 Natural Environment and Communities Act 2006
The Natural Environment and Rural Communities (NERC) Act 2006, is designed to help achieve a rich and diverse natural environment and thriving rural communities. The Act implements key elements of the Government’s Rural Strategy published in July 2004 and includes under Section 40 a Duty to conserve biodiversity; specifically Subsection (1) states ‘Every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity.’ Section 41 (S41) of the Act requires the Secretary of State to publish a list of habitats and species which are of principal importance for the conservation of biodiversity in England. The S41 list is used to guide decision-makers such as public bodies, including local and regional authorities, in implementing their duty under Section 40. Current amphibian species recorded on the list include great crested newt and common toad.
2.1.4 EC Directive Conservation of Natural Habitats & Flora (92/43/EEC)
The Conservation of Habitat and Species Regulations 2010 (as amended) are the British response to the Habitats & Species Directive 1992 issued by the European Commission (EC). They offer protection to a number of plant and animal species throughout the EC via the designation of Special Areas of Conservation (SACs)
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and Special Protection Areas (SPAs). In the United Kingdom these regulations are implemented through the Wildlife and Countryside Act 1981 (as amended).
The Regulations for the protection of European Protected Species (EPS) have been amended and consolidated with key changes including the removal of most of the defences from regulation 40 and regulation 43 including the removal of the ‘incidental result of an otherwise lawful operation’ defence, and the increase in the threshold for the offence of deliberately disturbing an EPS. Proposals that will affect European protected species may require a licence from Natural England to allow an otherwise unlawful act. In 2009 a new offence of ‘breaching condition of an EPS licence’ was added to the regulations. The licensing process is separate from the planning process. Great crested newt is a European protected species.
2.1.5 National Planning Policy Framework
National Planning Policy Framework 2012 (NPPF) also places a duty on all public bodies including local planning authorities to consider habitats and species of Principal Importance listed in Section 41 of the NERC Act and Priority Species/Habitats within Biodiversity Action Plans when considering a planning application.
2.1.6 St. Helens Biodiversity Action Plan (BAP)
The St Helens BAP has been prepared in response to the national biodiversity initiatives set out in the UK Biodiversity Action Plan. It sets out habitats and species of local, regional, national and international importance within the district and sets targets for increasing habitats and populations of key species. The habitats and species listed within the St. Helens BAP for which Action Plans have been created and relevant to amphibians on site are detailed in Table 2.1. Great crested newts are included on this list.
Table 2.1: Species and Habitat Action Plans covered within St. Helens BAP
Habitats Species
Reedbeds Wet woodland
Great crested newt
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2.2 Great Crested Newts
The great crested newt is fully protected through its inclusion in Schedule 5 of the Wildlife and Countryside Act, 1981 (as amended) and in Schedule 2 of The Conservation of Habitats and Species Regulations, 2010 (as amended). Under the legislation, it is an offence to intentionally kill, injure or take a great crested newt as well as intentionally or recklessly disturb, damage, destroy or obstruct access to any structure or place used for shelter or protection by a great crested newt or disturb an animal while it is occupying a structure or place which it uses for that purpose. The legislation applies to great crested newts in both aquatic and terrestrial habitats and to all life stages.
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3 Methodology
3.1 Desk Study
The following sources were consulted in relation to known records of amphibians within 1km of the proposed application site in July 2014:
Merseyside Biobank.
rECOrd (biodiversity information system for Cheshire, Halton, Warrington and Wirral).
The Environment Partnership (TEP) undertook an amphibian survey of the Parkside site in 20042. A terrestrial amphibian survey was undertaken by TEP on behalf of ProLogis Astral (Warrington) Ltd in 20073 around Parkside Farm which is located approximately 350m to the east of the site. The TEP reports were utilised as part of the desk study.
3.2 Amphibian Survey
All surveys were undertaken by Amy Martin. At the time of surveying, Amy had two years’ experience and held a Class 1 great crested newt licence (licence number – 2014-5718-CLS-CLS). Amy was assisted by two junior assistants, Adam Connell and Will Holloway.
3.2.1 Habitat Suitability Index (HSI)
In compliance with current guidance (English Nature, 2001)4, suitable waterbodies within a 250m radius of the proposed site area (where access could be gained) were assessed as to their potential to support a breeding population of great crested newts. This assessment was undertaken using the Habitat Suitability Index (HSI) developed by Oldham et al. (2000)5 which considers several habitat / ecological parameters. Habitat variables measured include location, desiccation, water quality, macrophyte cover, terrestrial habitat quality, etc. A value is recorded for each parameter and combined to determine an index of breeding suitability for great crested newts. The HSI is represented by a value from 0 to 1, the higher the value the more likely it is that the waterbody may support breeding great crested newt.
2 TEP (2004). Strategic Rail Freight Interchange (SRFI), Newton-le-Willows. Amphibian Survey.
TEP document reference 868.007. 3 TEP (2007). Parkside Strategic Rail Freight Interchange, Newton-le-Willows. Terrestrial
Amphibian Survey, Parkside Farm 2007. Strategic Environmental Statement (SES) Appendix F. 4 English Nature (now Natural England) (2001). Great crested newt mitigation guidelines. English
Nature, Peterborough 5 Oldham, R.S., Keeble, J., Swan, M.J., and Jeffcote, M., (2000) ‘Evaluating the suitability of
habitats for great crested newt (Triturus cristatus)’ Herpetological Journal 10: 143-15.
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3.2.2 Great Crested Newt Survey Methodology
The waterbodies were surveyed following the standard methodology for determining the presence / likely absence of great crested newts, as specified in Natural England’s great crested newt mitigation guidelines (English Nature, 2001). This requires undertaking four survey visits in suitable weather conditions (i.e. average night air temperature of >5°C; low wind speed; and not during heavy rain), with at least two of these visits between mid-April and mid-May. The fifth and sixth survey visits are only undertaken if great crested newts are either found during the initial four visits or known to be present.
As recommended by Natural England the surveys utilised at least three of the approved survey methods during each survey visit. This included egg searching, torchlight surveying, bottle trapping and netting where possible. Additionally, potential refugia / hibernacula within the immediate terrestrial habitat were also hand searched for amphibians. All searches and assessments were undertaken by two ecologists with at least one of the ecologists on each visit holding a great crested newt licence. Survey dates and weather conditions are detailed in Table 3.1: Survey schedule and weather conditions.
Table 3.1: Survey schedule and weather conditions.
Waterbodies Visit number Date Weather conditions
1-12 1 22/04/2015 - 23/04/2015
Minimum temperature: 4.1°C
Ground: damp
3.3 Limitations
Six of the waterbodies (WB2, WB3, WB4, WB5, WB7 and WB10) within the site were ephemeral and therefore were not always present during survey visits (Drawing 2.1). Five of the waterbodies are very shallow (WB1, WB3, WB4, WB5, WB7) and so could not be bottle trapped. However, three methods were
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used on each waterbody on each occasion as outlined in the survey guidelines (English Nature, 2001).
Page 10
4 Results
4.1 Desk Study
Records of common toad, palmate newt Lissotriton helveticus and smooth newt, were identified within the site. There are no records of great crested newts, within the site or the 1km buffer. A summary of amphibian records is provided in Table 4.1.
Table 4.1: Amphibian records within 1km of the site.
Species Number of records Location of nearest record
Smooth newt 28 Within the site
Palmate newt 27 Within the site
Common toad 2 Within the site
Common frog 2 Approximately 800m to the west of the site
A site wide amphibian survey was undertaken by TEP in 2004 which did not identify the presence of great crested newts within the site. A terrestrial amphibian survey was undertaken by TEP on behalf of ProLogis Astral (Warrington) Ltd in 2007 around Parkside Farm which is located approximately 350m to the east of the site. The survey involved the use of pitfall traps and no great crested newts were identified. A reptile survey undertaken by TEP within the site in 20076 also did not identify any terrestrial great crested newts.
4.2 HSI Assessment
A HSI assessment was undertaken during the initial Phase 1 Habitat survey undertaken in July 2014. Twelve waterbodies were identified within the site, six of which were dry at the time of the Phase 1 Habitat survey (WB2, WB3, WB4, WB5, WB7, WB10). The remaining six waterbodies were assessed using the HSI assessment (Oldham et al. 2000) as having between average and excellent suitability for great crested newts. All waterbodies were re-visited during the amphibian survey in April-June 2015. The habitat mosaic within the site provides suitable terrestrial habitat for amphibians due to the presence of woodland, scrub and rough grassland.
The results of the HSI assessment undertaken in 2014 are summarised in Table 4.2.
Table 4.2: HSI assessment results.
Waterbody Grid Reference HSI Score HSI Result
WB1 SJ60089485 0.78 Good
6 TEP (2007). Parkside Strategic Rail Freight Interchange, Newton-le-Willows. Reptile Survey
2007. Appendix E of Supplementary Environmental Statement (SES), Volume 3.
Page 11
WB6 SJ60199540 0.82 Excellent
WB8 SJ60269526 0.72 Good
WB9 SJ60129523 0.70 Good
WB11 SJ60219426 0.64 Average
WB12 SJ60259426 0.70 Good
4.3 Field Survey Results
The results of the survey undertaken between April and June 2015 are summarised in Table 4.3 and detailed in Appendix A.
Table 4.3: Summary of 2015 amphibian survey data.
Waterbody Maximum Adult Count
WB1 0 0 0 4 0 24
WB2 0 0 0 0 0 0
WB3 0 0 0 0 0 0
WB4 0 0 0 3 0 2
WB5 0 0 0 4 0 8
WB6 2 1 0 5 0 8
WB7 0 1 0 3 0 14
WB8 0 0 0 6 0 0
WB9 2 1 0 4 0 4
WB10 0 0 0 0 0 0
WB11 0 0 0 1 0 0
WB12 0 0 0 10 0 7
To summarise, no great crested newts were recorded within any of the waterbodies, which were surveyed in accordance with English Nature (now Natural England) guidelines. Consequently, a population size class assessment was not undertaken. However, three species of amphibian were recorded, including smooth newts, common toad and common frog (Appendix A).
7 ‘Small newt species’ refers to female smooth / palmate newts that cannot be reliably identified by torchlight.
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5 Discussion and Recommendations
The amphibian presence / likely absence surveys carried out at the Former Parkside Colliery did not record great crested newts at any of the surveyed waterbodies. However, smooth newts were identified within nine of the waterbodies on site, common toad were identified within three waterbodies and common frog were recorded within two waterbodies.
No statutory protection is afforded common toads, common frogs or common newts (smooth or palmate), unlike great crested newts. However, common toad has been classified as a Priority Species within the former UK BAP and are now included in Section 41: Species of Principal Importance in England under the NERC Act 2006.
5.1 Best Practice
In keeping with best practice it is recommended that appropriate measures are implemented through the adoption of a Method Statement to safeguard common amphibian species within the Former Parkside Colliery site, specifically common toad. The following measures should be considered:
Conserve part of the existing waterbodies and suitable terrestrial habitat (e.g. woodland habitats) located at the site.
Consider the potential for improving any retained waterbodies at the site in relation to amphibians as part of the proposed development.
Implement a suitable Method Statement to safeguard general amphibian species, particularly common toad, should suitable terrestrial habitat be directly affected by proposals.
In the unlikely event that great crested newts are found, to ensure legal compliance, then works must be stopped and advice should be sought from a suitably qualified ecologist in the first instance.
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This report is the result of survey work undertaken in May-June 2015. This report refers, within the limitations stated, to the condition or proposed development of the site at the time of the inspections. Changes in legislation, guidance, best practice, etc., may necessitate a re-assessment / survey. It is also advised that if there is a delay of over two years in undertaking the works, a re-survey may be required. No warranty is given as to the possibility of future changes in the condition of the site.
This report is produced solely for the benefit of Parkside Regeneration LLP (PRLLP) and no liability is accepted for any reliance placed on it by any other party. This report is prepared for the proposed uses stated in the report and should not be used in a different context.
Drawings
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Drawing 2.1 Phase 1 Habitat survey map
Appendix A
Amphibian Results
Page A1
Date 22/04/2015 –
0 0
Turbidity (0 =
5 = totally
female small
newts and 5
small female newts
small female
female smooth newts
0 0 0
Waterbody 2: Amphibian survey results.
Date
22/04/2015 –
23/04/2015
07/05/2015 -
08/05/2015
21/05/2015 –
22/05/2015
03/06/2015 –
04/06/2015
5 = totally
Page A2
Date 22/04/2015 – 23/04/2015
trap)
1 1
5 = totally obscured)
GCN Max count 0
Comments Waterbody held approximately 15cm of water on last two visits – ephemeral.
Date 22/04/2015 – 23/04/2015
trap)
1 1
small female newts
GCN Max count 0
Comments Waterbody held approximately 15cm of water on last two visits.
Page A3
Date 22/04/2015 – 23/04/2015
trap)
1 1
small female
GCN Max count 0
Comments Approximately 15cm of water on last two vis its – to shallow to bottle trap.
Date 22/04/2015 – 23/04/2015
1 4 5 4/5
female small
newts and 8 small female
newts
newts and 5 small female
newts
small female newts
newt 0
Other methods
Comments Turbidity increased throughout surveys but remained clear under trees.
Page A4
Date 22/04/2015 – 23/04/2015
trap)
0 0
common toad
GCN Max count 0
Comments Approximately 10cm of water on moss on last two visits. Waterbody is ephemeral.
Date 22/04/2015 – 23/04/2015
5 5 5 4.5
newt
newt
(netting and egg search)
0 0 0 0
GCN Max count 0
Comments Water covered in duckweed and very turbid. Lots of leaf litter, pond in
woodland.
Page A5
Date 22/04/2015 – 23/04/2015
1 1 1 1
newts
newt
search)
Date
22/04/2015 –
23/04/2015
07/05/2015 -
08/05/2015
21/05/2015 –
22/05/2015
03/06/2015 –
04/06/2015
obscured)
Torching
Page A6
Date 22/04/2015 – 23/04/2015
4 2 3 3.5
newt
newt
0
search)
Date 22/04/2015 –
5 = totally
small female
smooth newt
Other methods
0 0 0 0
GCN Max count 0

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