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Construction Environment Management Scheme Standen, Clitheroe March 2017

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Page 1: Construction Environment Management Scheme€¦ · • Bats are protected under both British and European Law; Wildlife and Countryside Act 1981 (as amended), and Conservation of

Construction Environment Management Scheme Standen, Clitheroe

March 2017

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Quality Management

Job No 10922 Project Pendle Road, Standen

Location Clitheroe

Title Construction Environment Management Scheme Document Type Report Issue / Revision 1

Date 10.03.17

Prepared by Chantelle Schulz Signature (for file)

Revision Status / History

Rev Date Issue / Purpose / Comment Prepared Checked

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Contents

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

1.1 Background to the scheme .................................................................................... 4

1.2 Site context ................................................................................................................ 4

1.3 Purpose of this management plan ......................................................................... 5

1.4 Previous Ecological Studies ..................................................................................... 6

1.5 Summary of baseline ecology likely to be affected ........................................... 6

1.6 Summary of Proposed Works ................................................................................... 7

2 Aims and objectives of the Management Plan........................................................... 8

2.1 Scope of the CEMS ................................................................................................... 8

2.2 Aims and objectives ................................................................................................. 9

2.2.1 Aim ....................................................................................................................... 9

2.2.2 Objectives........................................................................................................... 9

2.3 Ecological Issues ....................................................................................................... 9

2.4 Legislative Requirements ....................................................................................... 10

2.4.1 Species legislation ........................................................................................... 10

2.4.2 Planning regulations ........................................................................................ 10

2.5 Persons Responsible for Nature Conservation Legislation Compliance ......... 12

3 Control of Works ............................................................................................................. 13

3.1 Legislative................................................................................................................. 13

3.2 Ecological Clerk of Works ...................................................................................... 13

3.3 Current Site Conditions .......................................................................................... 14

3.4 Risk Assessment of Construction Activities ........................................................... 14

3.4.1 Vegetation and Clearance ........................................................................... 14

Potential Impacts ........................................................................................................... 14

3.4.2 Measures to Minimise Impacts ....................................................................... 14

3.4.3 Ground Clearance .......................................................................................... 15

Potential Impacts ........................................................................................................... 15

Measures to Minimise Impacts ..................................................................................... 15

3.4.4 Ground Works................................................................................................... 15

Potential Impacts ........................................................................................................... 15

Measures to Minimise Impacts ..................................................................................... 15

3.4.5 General Construction Works .......................................................................... 15

Potential Impacts ........................................................................................................... 15

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Measures to minimise Impacts ..................................................................................... 15

3.4.6 Night Works ....................................................................................................... 16

Potential Impacts ........................................................................................................... 16

Measures to Minimise Impacts ..................................................................................... 16

3.5 Timeframes and Responsibility for Implementation ........................................... 17

4 Method Statements ....................................................................................................... 18

4.1 Site Clearance ........................................................................................................ 18

Vegetation ...................................................................................................................... 18

Procedure to follow if any Protected Species are discovered ............................... 18

4.2 Protection of retained trees and other habitats ................................................ 19

Tree works ........................................................................................................................ 19

Wildlife .............................................................................................................................. 19

General construction activity ....................................................................................... 19

Potential damage to above ground parts of retained trees .................................. 19

Protective fencing.......................................................................................................... 20

Ground protection for wheeled or tracked vehicles ................................................... 21

Ground protection for pedestrians or light vehicles ..................................................... 22

Pre-development inspection ........................................................................................... 22

Phase 2 – Construction process ....................................................................................... 22

Demolition and removal of surfaces in the RPA ............................................................ 22

Excavation in the RPA ....................................................................................................... 23

Temporary site cabins ....................................................................................................... 23

Utilities .................................................................................................................................. 24

RPAs explained ................................................................................................................... 24

Construction Exclusion Zone (CEZ) .................................................................................. 25

Surface design ................................................................................................................... 25

Changes in ground level .................................................................................................. 25

Pedestrian Paving .............................................................................................................. 26

Boundary treatments ......................................................................................................... 26

Soft landscaping ................................................................................................................ 26

Monitoring ........................................................................................................................... 26

Removal of protective fencing and signing off ............................................................ 26

4.3 Nesting Birds ............................................................................................................. 27

4.4 Watercourse and Ditch Protection ...................................................................... 27

4.5 Construction Lighting Scheme .............................................................................. 28

4.6 Protection of Brown Hare Method Statement .................................................... 28

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4.7 Pollution Prevention Guidelines: Surface Water Monitoring along ditches and Pendleton Brook ................................................................................................................. 29

4.8 Eradication Management Plan for Japanese Knotweed ................................ 29

Japanese knotweed management plan template ..................................................... 31

5 References ...................................................................................................................... 32

Appendix 1 – Site Plan and Development Proposals ....................................................... 33

Appendix 2 – Precautionary Method of Working ............................................................. 35

Initial Site Clearance ......................................................................................................... 35

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1 Introduction

1.1 Background to the scheme

A planning application has been approved in respect of proposals to develop a parcel of land off Pendle Road, Standen, Clitheroe. The proposals for the site relate to the construction residential dwellings and associated development, including access, on land east of Pendle Road.

The proposals have received planning consent1 which was issued subject to conditions. This document has been produced to assist with discharging some of those conditions, while also promoting net landscape and biodiversity gains as a result of the proposed development.

To support the fulfilment of the above brief the following have previously been undertaken:

1. Desk study review; and

2. An ecology appraisal

The extended desk study and Phase 1 Habitat Survey was undertaken in May 2015 by Urban Green (UG 2015a). The report highlighted the existence or potential presence of Hedgerows, foraging Bats and breeding birds on site that have the potential to suffer detrimental impacts form the proposed development without appropriate mitigation and/or compensation.

Utilising the information from the above survey work, the current report details information of a construction ecological management plan with respect to trees and hedgerows, nesting birds, watercourses and brown Hare.

1.2 Site context

The site is located at National Grid Reference centre SE 9704 0436 and comprises a total area of 8.8 hectares (see Figure 1). Land use comprises agricultural pastoral fields.

The surrounding habitats are predominantly agricultural land parcels with residential housing to the north west. The site is bordered by Pendle Road to the north, Worston Lane to the east, agricultural fields to the south and residential housing to the northwest.

1 Planning reference 3/2015/0895

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Figure 1: red line development boundary

1.3 Purpose of this management plan

As stated in the introduction, this management plan has been produced for two purposes, which are;

• to assist with discharging relevant conditions which were imposed when approval for the development was granted; and,

• to outline measures to prevent impacts on protected species and so avoid committing offences under the relevant legislation.

This Construction Environment Management Scheme (CEMS) focuses on the protection of biodiversity and ecological features on site, as required to discharge the planning condition. Therefore, some aspects usually covered within a typical CEMS, such as noise, traffic movements and air quality have not been included.

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Conditions considered relevant to this management plan are as follows:

Condition 36 (C36): No part or phase of the development shall begin until a Construction Environmental Management Scheme relating to such part or phase has been submitted to and approved in writing by the Local Planning Authority. Construction Environment Management Scheme (CEMS) As per condition 36 of the planning permission, a construction environmental management scheme should be written, with the following criteria included:

a) Tree and hedgerow protection measures in accordance with BS5837:2012;

b) Measures to be applied to protect nesting birds during tree felling/vegetation clearance works, or other works that may affect nesting birds (including buildings or other suitable breeding bird habitat which are to be removed as part of the proposals);

c) Watercourse and ditch protection measures including location and type of protective demarcation fencing along Pendleton Brook (and the calcareous grassland) and other important habitats identified in Volume 3 of the Environmental Statement (October 2012) lodged with the planning application such as Ditch 1;

d) A method statement for the protection of bats at the trees and buildings identified in Volume 3 of the Environmental Statement (October 2012) lodged with the planning application including licensing requirements;

e) Construction lighting scheme;

f) A method statement for the protection of Brown Hare (particularly during the breeding season);

g) Pollution Prevention Guidelines (PPG) and protocol including surface water monitoring along the Ditches and Pendleton Brook; and

h) Eradication Management Plan for Japanese Knotweed

1.4 Previous Ecological Studies

This CEMS has been informed by a suite of ecological surveys, including:

• Ecological Appraisal (AMEC, October 2012)

• Preliminary Ecological Appraisal (Urban Green, June 2015)

A summary of the ecological baseline, taken from these reports, is included below to provide a context for the CEMS.

1.5 Summary of baseline ecology likely to be affected

No statutory or non-statutory nature conservation designations apply directly to the site.

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In brief the relevant ecological considerations on-site for the proposed development are as follows:

Habitats:

• Improved Grassland

• Broadleaved scattered trees

Of the habitats found on site, neither are protected under Section 41 of the Lancashire BAP and are considered widespread and common habitats within the local area.

Species:

• Great Crested Newts

• Reptiles

• Water Vole

• Badgers

• Breeding Birds;

• Bats;

• Brown Hare;

• Invasive Species

Habitats recorded on or adjacent to the site have the potential to support the above noted species. However, Great Crested Newts, Reptiles, Water voles, Badgers and Invasive Species were not identified as being present on site and therefore appropriate mitigation measures have not been considered within this current report. See Urban Green report, 2015 for details regarding these protected species.

1.6 Summary of Proposed Works

It is understood that the site is to be redeveloped for new residential dwellings, with associated landscaping, access and Sustainable Urban Drainage Systems (SUDS).

It is assumed the works will include:

• Clearance of the existing built form and vegetation;

• Earth works and movement;

• Construction of residential units and associated access;

• Amenity areas and soft landscaping; and

• Inclusion of SUDS features.

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2 Aims and objectives of the Management Plan

2.1 Scope of the CEMS

This CEMS has been produced to remove or reduce the ecological impacts of construction works for the proposed development with regards to trees and hedgerows, nesting birds, watercourses, bats and brown hares.

Through the implementation of appropriate mitigation measures, detrimental impacts and breaches of current wildlife legislation will be avoided. Without these measures, there is the risk of disturbing, injuring or killing nesting birds (during the nesting bird season), bats that may be utilising the site for foraging or roosting opportunities, or brown hares.

The following elements are included within this CEMS:

• Objectives and targets

• Legislative requirements regarding the site ecology, including:

o Person/s responsible for:

Compliance with legal consents relating to nature conservation; and

Compliance with planning conditions relating to nature conservation.

• Control of works during construction, including:

o Person/s responsible for:

Installation of physical protection measures;

Implementation of sensitive working practices;

Regular inspection and maintenance of physical protection measures and monitoring of working practices; and

• Implementation of appropriate mitigation strategies

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2.2 Aims and objectives 2.2.1 Aim

The overarching aim of this Management Plan is:

“The preservation of the sites ecology, with regards to bats, nesting birds, brown hares, trees and hedgerows”.

2.2.2 Objectives

• To ensure no breach of wildlife legislation occurs on site for the duration of the proposed development;

• To protect bats, nesting birds and brown hares for the proposed development and construction works; and

• To minimise damage to adjacent habitats and protect habitats on site that are part of the final development.

2.3 Ecological Issues

The priority ecological issues i.e. those that have legislative requirements or planning considerations and are relevant to the site and the proposed works, are as follows:

British Legislation

• Nesting birds are protected by the Wildlife and Countryside Act 1981 (as amended);

• Bats are protected under both British and European Law; Wildlife and Countryside Act 1981 (as amended), and Conservation of Habitats and Species Regulations 2010 (as amended);

• Brown Hares are classified as a Priority Species in the UK Biodiversity Action Plan.

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2.4 Legislative Requirements 2.4.1 Species legislation

Table 1 below details the legal situation in relation to badgers, nesting birds, bats and reptiles.

Table 1: Species Legislative Issues

Legislative Issues Legislation UK BAP Local BAP Implications

Nesting Birds Schedule 1 of the Wildlife & Countryside Act 1981 (as amended)

* * Disturbance to nesting birds is illegal

Bats Schedule 5 of the Wildlife & Countryside Act 1981 (as amended);

Schedule 2 of the Conservation of Habitats and Species Regulations 2010 (as amended)

Legal protection makes it an offence to intentionally or recklessly kill, injure or take bats from the wild. To damage, destroy or obstruct access to any structure or place which bats use for shelter or protection. To disturb bats while they are using such a place (Natural England 2008)

Brown Hares No legal protection

Key

* = species dependent

2.4.2 Planning regulations

Table 2 below summarises the relevant national, regional and local policies relating to nature conservation in relation to the current development proposals.

Table 2: Planning Policy

Legislative Issues Legislation Information

National Planning Policy Framework (NPPF)

Circular 06/2005: biodiversity and geographical conservation – statutory

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obligations and their impact within the planning system.

Hedgerow Regulations The Hedgerow Regulations 1997 protect most hedgerows from removal without prior consent from the Local Planning Authority (LPA). Where a hedgerow is considered as ‘important’ as defined by the criteria set out in the Hedgerow Regulations 1997, the LPA can order its retention.

UK Post-2010 Biodiversity Framework

UK Biodiversity Action Plan The UK Biodiversity Action Plan (BAP) is the mechanism for dealing with biodiversity conservation in response to the Rio Convention 1992.

Governments signing up to this convention are committed to create and enforce national strategies and action plans to conserve, protect and enhance biodiversity.

Within the UK BAP, Species Statements and Broad Habitats Statements have been written to outline issues affecting species and semi-natural habitats and broad policies to address them. In addition to these, Priority Species and Habitats have been identified and targets determined in order to maintain and enhance their distribution and contribution to UK biodiversity. These species and habitats are those considered to be at most threat and reported as UK Species Action Plans (SAPs) and UK Habitat Action Plans (HAPs). The UK BAP is implemented through national, regional and local policy.

Peak District National Park Local BAP

High Peak Local Plan Policies: April 2016

Strategic Objectives:

SO2: To maintain, enhance and conserve the Borough’s distinct landscape characteristics, biodiversity, and cultural and historic environment.

Policy EQ 5: Biodiversity

Policy EQ 9: Trees, woodland and hedgerows

Protected Species A number of species are protected under European and or UK Legislation. tHe key Legislations are: Bern Convention, The Wildlife & Countryside Act 1981 (as amended), Countryside and Rights of Way Act 2000 (CRoW), Protection of Badgers Act 1992.

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2.5 Persons Responsible for Nature Conservation Legislation Compliance

The Ecological Clerk of Works will be responsible for nature conservation legislation compliance. These duties are detailed in Section 3 – Control of Works.

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3 Control of Works

To ensure that the works are undertaken in accordance with the CEMS a series of control measures will be utilised. These measures include:

1. The application of Natural England licences where applicable.

2. The appointment of an ecological management team.

3. The use of ecological permits.

3.1 Legislative

With current understanding (March 2017) of the presence/likely absence or usage of the site by protected species, no licences to undertake works are required from Natural England.

3.2 Ecological Clerk of Works

A suitably qualified ecologist has been appointed to supervise the implementation of this CEMS, in an Ecological Clerk of Works (ECoW) role. The ECoW is responsible for the following:

• Ensuring all works on site comply with relevant legislation in relation to protected species and that the CEMS is adhered to throughout the construction phase of development;

• Providing advice to developers and contractors on how best to minimise impacts on wildlife throughout the construction phase of development;

• Being the main point of contact should any issues relating to ecology arise during construction;

• Making the relevant people aware of any ecological issues that occur during the construction phase;

• Ensuring Toolbox Talks on protected species and sensitive habitats to contractors carrying out work within the site are undertaken;

• Ensuring supervision of any construction activities that have the potential to impact on protected species and / or sensitive habitats;

• Deciding on the exact positioning of reptile fencing and mitigation and enhancement measures depending on on-the-ground conditions; and

• Ensuring fence lines are monitored throughout the construction phase of development.

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The ECoW will be provided with an updated programme of works to determine watching brief requirements and associated ecological issues. The times during construction when the ECoW is responsible for ensuring that the CEMS is followed and when the ECoW or appointed representative needs to be present are shown in Table 1&2. Other persons responsible for ensuring that the CEMS is adhered to at different times throughout construction are also shown in Table 1&2. If the ECoW or appointed representative identifies any issues in relation to ecology or considers that the CEMS is not being adhered to at any point during construction, the developer will be contacted and measures will be taken to resolve any issues. If the developer identifies any ecology issues, the ECoW will be contacted for advice immediately. 3.3 Current Site Conditions

This CEMS has been prepared based on ecological information collected in March 2015. If on visiting the site, nearer the time of construction, the ECoW considers that the baseline has changed, they may approve changes to the mitigation measures as appropriate. 3.4 Risk Assessment of Construction Activities

The following construction activities will be required as part of the works. The ecological risk of each activity is assessed and measures for reducing the impact are detailed below. The time of year during which ecology surveys and ecologically sensitive works will be carried out can be found in Table 1.

3.4.1 Vegetation and Clearance Potential Impacts Clearance of vegetation from the works site will be required prior to the start of construction. This will include the removal of scrub, tall ruderal vegetation, semi-improved grassland, trees and other habitats present within the site. This work has the potential to impact bats, breeding birds and brown hares, if present.

3.4.2 Measures to Minimise Impacts To minimise the risk of death and injury of protected species during vegetation clearance, the vegetation clearance method statement in Appendix 2 will be followed. The ECoW will ensure toolbox talks are given to all contractors working on the development. These will cover all potential protected species, invasive species and habitats relevant to the site and what to do should any such flora or fauna be discovered during the works.

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3.4.3 Ground Clearance Potential Impacts Ground clearance will involve the use of machinery to remove predominantly topsoil. Ground clearance also has the potential to damage retained habitats and trees.

Measures to Minimise Impacts A root protection zone will be set up around any trees that will not be removed as part of the works. This will involve the installation of barrier fencing around trees or areas of woodland to stop works from encroaching into the root protection zone as detailed in BS 5837:2012 (British Standards, 2012). The ECoW will ensure that toolbox talks are given to all contractors working on the development. These will cover any potential protected species and habitats that they may encounter within the site and what to do should any be discovered during the works.

3.4.4 Ground Works Potential Impacts Excavations created as part of the works may cause animals such as brown hares or other mammals to become trapped.

Measures to Minimise Impacts Excavations will not be left open over night. Where this is not possible, they will be securely covered or a means of escape for any animals that may become trapped will be provided, such as a wooden board. All excavations will be checked for the presence of animals each morning and immediately prior to backfilling. The ECoW will ensure toolbox talks to all contractors working on the development will be given. These will cover any potential protected species and habitats that they may encounter within the site and what to do should any be discovered during the works.

3.4.5 General Construction Works Potential Impacts Construction of the scheme has the potential to cause visual, vibration or noise disturbance to the site and surrounding area. Dust, emissions and accidental spillages may negatively impact the habitats and protected species present within and in close proximity to the site. Damage to retained habitats and protected species may occur from accidental or uncontrolled movement of construction vehicles or personnel.

Measures to minimise Impacts The existing buffer of vegetation which exists around the site will be maintained and enhanced, as far as possible.

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Contactors will comply with Environment Agency PPG 1: ‘Basic Good Environmental Practices’ (Environment Agency, 2013) in respect of implementation of pollution prevention measures and strict control of dust and other emissions. Fencing and notice signs will be erected around construction areas to contain works and to stop encroachment into areas of retained habitat. Root protection zones will be set up around any retained trees. The ECoW will ensure toolbox talks to all contractors working on the development will be given. These will cover any potential protected species and habitats that they may encounter within the site and along its boundaries, and what to do should any be discovered during the works.

3.4.6 Night Works Potential Impacts Night time working may be required as part of the proposed works. This will require the use of lighting which has the potential to impact foraging bats.

Measures to Minimise Impacts Night time working will be kept to a minimum where possible. Where lighting is required, lights will be kept away from areas of woodland and hedgerows and lighting will be directed to where it is needed with minimal light spillage. Detailed specifications for the use of lighting during night works can be found in Section 3. The ECoW will ensure toolbox talks to contractors carrying out night works will be given. These will cover any potential protected species and habitats that they may encounter within the site and what to do should any be discovered during the works. Table 3: Timings for ecology surveys and ecologically sensitive works

Task Timeframe Duration Responsibility Bat emergence survey

Between May and September

Prior to the start of construction

Appointed ecology consultant

Vegetation clearance within works area

Between April and September when reptiles are active, prior to the start of construction

Prior to start of construction

Contractors, supervised by ECoW

Clearance of bird nesting habitat

Between September and February – no ecological supervision required OR

As required Contractors, supervised by ECoW (if required)

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Between March and August – ecological supervision required

3.5 Timeframes and Responsibility for Implementation

The CEMS will be implemented at the outset of development and will be adhered to until completion of all construction works. The persons responsible for ensuring that the CEMS is adhered to at each phase have been allocated. Table 4: Timeframes and responsibility for Implementation

Construction / Ecological Mitigation Phase

Start Date (provisional)

Duration Responsible Person

Vegetation clearance within works area

July 2017 Approximately 2 weeks

Contractors, supervised by ECoW

Clearance of bird nesting habitat

August 2017 August 2017 Contractors, supervised by ECoW (if required)

Ground Works August 2017 May 2018 Developer Construction September 2017 December 2018 Developer Landscaping – habitat enhancement and restoration

July 2018 November 2018 Developer (under ECoW supervision)

Completion December 2018 - Developer

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4 Method Statements

4.1 Site Clearance

All the following works will be undertaken in accordance with the Precautionary Method of Working (Appendix 2) and will be monitored through the quality process of inspection and test plan, working inspection sheets and Works Package Plan.

Vegetation Vegetation will be cleared in accordance with Precautionary Method of Working, attached (Appendix 2). Vegetation clearance will be carried out outside of the bird nesting period, March to September, inclusive. Where this is not possible, the ECoW will check all bird nesting habitats and verify that no nests are present. If a bird nest is identified, a buffer zone will be established around the nest (buffer distance to be determined based on site conditions). No works will be permitted within this buffer zone until all young have fledged, as confirmed by the ECoW. To ensure that the proposed development of the site does not cause any harm to reptiles which may be present, vegetation clearance should be staged over a 5 day period, starting from the edge of the bramble scrub and tall ruderal vegetation and clearing 5-10m sections at a time using brush cutters. All cuttings will be raked off and removed from site on the same day they are generated, to avoid creating refugia. All trees that require felling or pruning as part of the works will be assessed for their potential to support roosting bats through a ground level assessment. If any features with the potential to support roosting bats are identified, further survey would be required to determine the presence / likely absence of roosting bats. If bats are found to be roosting in any tree that requires felling or pruning, an EPSM licence from Natural England would be required. If any invasive plant species are discovered during vegetation clearance, works in the area will stop immediately and a specialist qualified to deal with invasive species will be contacted.

Procedure to follow if any Protected Species are discovered All contractors working on the site will be given a toolbox talk about protected species and habitats that they may encounter within the site. In the event that any protected species are found during construction works, all works will stop immediately and advice sought from an ECoW immediately on how to proceed.

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4.2 Protection of retained trees and other habitats

Retained trees and other habitats (including hedgerows and watercourses /ponds) to be adequately protected during construction, in accordance with existing guidelines e.g. BS5837:2012 ‘Trees in relation to design, demolition and construction – Recommendations) and appropriate pollution prevention guidelines

Tree works All specified tree work is to be carried out in accordance with BS 3998:2010 Tree work - Recommendations by a professional and specialist arboricultural contractor, who carries the appropriate experience and insurance cover. All works will be undertaken in accordance with the approved Woodland Management Programme (WMP) - Urban Green July 2014, and the Forestry Commission Felling Licence – April 2015.

Wildlife Prior to the commencement of any tree works, an ecologist should be consulted to advise on appropriate measures to conserve protected species. If any trees are suitable for bats then it is likely that further surveys would be required. Any surveys should be conducted in accordance with the most up-to-date guidelines and carried out during the appropriate time of year (May-August).

General construction activity All operations that could affect trees on and adjacent to the site must be considered as part of the project management of the Proposed Development. It is therefore imperative that an Arboricultural Consultant is appointed as part of the design and management team to advise on pre-development issues and supervise on-site operations in line with the WMP and Felling Licence. The Arboricultural Consultant may also have an advisory role in the preparation of site including tree surgery works and the protection of trees during demolition processes. The developer will inform the Local Planning Authority (LPA) within twenty four hours if the Arboricultural Consultant is replaced.

Potential damage to above ground parts of retained trees Care will be taken when planning site operations to ensure that wide or tall loads or plant with booms, jibs and counterweights are able to operate without coming into contact with retained trees. Any contact has the potential to cause life limiting damage. It is therefore essential that any activities in close contact with retained trees is carried out under the supervision of a banksman to maintain sufficient clearances. Any tree damage must be reported to the Arboricultural Consultant or Local Authority Tree Officer as unreported damage could lead to the structural instability.

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Protective fencing Temporary protective fencing will need to be installed prior to the commencement of any construction activities on site including the delivery of materials and site facilities. Any fencing that is damaged so that it is no longer able to protect retained trees must be replaced/repaired immediately with appropriate fencing. All RPAs will be protected by ‘Heras’ steadfast type fencing with back stay supports where construction activity is expected to be minimal.

Fig 1. Temporary Protective Fencing with back stay supports

In areas of site where construction activity is expected in close proximity to RPAs, it will be necessary to employ the more robust ‘in-ground’ system following BS 5837 guidelines. (Fig 4. below)

Fig 2. Temporary Protective Fencing

The ‘in-ground’ system involves driving vertical scaffold poles approximately 0.6m into the ground onto which are affixed horizontal scaffold poles and bracing struts. 2m high anti-climb weldmesh panels are then wired to the scaffold framework. The vertical scaffold poles should be at a maximum of 3m apart.

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No fixing shall be made to any tree and all possible precautions shall be taken to prevent damage to the tree roots when locating uprights. Where space is limited, it is sometimes necessary to construct a temporary tree guard to physically protect the main stem of the tree (Fig 3. below). This should be made by joining together 4 X 25mm Exterior Grade pieces of plywood to 47mm X 47mm treated timber posts to create a box shaped frame which is attached to the ground or adjacent structures. No fixings are to be made to the tree and suitable ground protection should be employed within the RPA of the tree.

Fig 3. Temporary Protective Fencing

A 600mm x 300mm warning sign reading “TREE PROTECTION AREA KEEP OUT” shall be fixed to every 10m of protective fencing. (Fig 4. below).

Figure 4. Tree Protection Sign

Ground protection for wheeled or tracked vehicles All vehicles will use existing hard surfaces. However, it may be necessary on occasion to drive plant machinery within the RPA. To avoid compaction of the soil during construction, a minimum of 100mm compressible material, followed by temporary interconnected road plates or similar that is capable of sustaining the expected loads should be installed. This system will ensure that the weight is evenly distributed over the affected area.

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Ground protection for pedestrians or light vehicles The primary method of ground protection is the installation of a compressible layer (e.g. woodchip) over a geotextile fabric with side butting scaffold boards. (Fig 5. below)

Fig 5. Ground Protection in RPA

Ground protection measures whilst working the RPA must be capable of supporting the expected loads and avoid compaction of the soil. The boarding will be left in place until the construction works are finished. Scaffolding may first be erected with the uprights on spreader boards and the ground protection installed around the uprights.

Pre-development inspection The site will be inspected by the appointed Arboricultural Consultant or Local Authority Tree Officer following any facilitative tree surgery works and the installation of protective fencing and ground protection measures.

Phase 2 – Construction process

Demolition and removal of surfaces in the RPA During demolition, the following restrictions will apply:

• Where direct damage by falling masonry is likely, the tree should be protected by exterior grade plywood sheets constructed around the main stem.

• The main body of any mechanical excavator will operate outside the RPA.

• Masonry will be pulled away from trees where possible.

• When breaking masonry, a fine water spray will be used to minimise dust particles.

• Excessive dust particles on trees will be removed each day by spraying with water.

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Hard surfaces should be kept in place for as long as possible during construction works in order to prevent soil compaction in the RPA. During surface removal, the following restrictions will apply:

• Only hand operated tools will be used to lift existing surfaces and sub-base. No mechanical excavators are to be used.

• No excavation below the existing sub-base will occur.

• All surface removal within the RPA will be supervised by the Arboricultural Consultant or the Local Authority Tree Officer.

Excavation in the RPA Any necessary excavation must be carried out using hand tools to avoid direct damage to the protective bark of tree roots. It may be possible in some instances to use specialised equipment such as high air pressure machinery to excavate the soil with minimal disturbance to roots. Exposed roots will be wrapped in dry, clean Hessian sacking to prevent desiccation and to protect from rapid temperature changes. In warmer weather, the sacking should be kept moist by regular watering. Sacking should be removed before backfilling. Roots less than 25mm diameter may be pruned back, preferably to a growing point. A sharp cutting tool such as bypass secateurs or a handsaw should be used to leave the smallest wound possible. Roots greater than 25mm in diameter should be retained wherever possible. Root pruning should be carried out under the supervision of the Arboricultural Consultant or the Local Authority Tree Officer to ensure that only roots necessary to facilitate the development will be removed and the long-term well-being of retained trees is maintained. Backfilling of any excavation should be carried out by hand to avoid direct root damage by excessive compaction and should include, where possible, the replacement of inert granular material mixed with sharp sand (not builder’s sand) around retained roots.

Temporary site cabins All storage facilities and deliveries will make use of existing hard surfaces to avoid unnecessary compaction within RPAs. The locations will be agreed in writing with the LPA prior to delivery and will remain in the agreed locations unless approved by the LPA.

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If storage facilities require siting within RPAs, every effort will be made to ensure that any damage to aerial parts of retained trees is avoided and that appropriate footings are used to avoid root damage or compaction of the soil.

Utilities All services will need to be designed to avoid the RPAs of retained trees including foul and surface water drains, electricity, land drains telephone and cable services, soakaways, lighting, gas and water. The installation of underground utilities within the RPA should not be considered unless it is absolutely necessary. Trenching can cause an unacceptable amount of damage to tree roots. The National Joint Utilities Group publication, NJUG10 recommends the following precautions when working in the RPA:

• No excavation should be carried out using machinery.

• When digging by hand, carefully work around roots, retaining as many as possible.

• Do not sever roots over 25mm in diameter without the consent of the Arboricultural Consultant or Local Authority Tree Officer.

• Any root pruning will be carried out using a sharp tool (e.g. secateurs or handsaw). Make a clean cut and leave as small a wound as possible.

• Backfill the trench with an inert granular material and topsoil mix. Compact the backfill with care around the retained roots. On non-highway sites backfill only the excavated soil.

• Do not repeatedly move or use heavy mechanical plant except on hard standing.

• Do not store spoil or building material, including chemical and fuels.

• Protect roots with dry sacking if they are to be left exposed overnight when there is a risk of frost. Sacking must be removed before backfilling.

RPAs explained The RPA is an area of ground around the base of a retained tree, which is calculated in relation to the stem diameter, where disturbance should be kept to a minimum and avoided if at all possible. The majority of tree roots grow within the upper 600mm of the soil profile where most nutrients are available as the result of the decomposition of organic matter close to the surface. Rooting conditions become less favourable at depth as the soil density increases, creating anaerobic conditions.

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It is essential that roots are protected from construction works including physical damage from excavation and changes in soil structure from compaction and changes in ground levels.

Construction Exclusion Zone (CEZ) No construction activity will take place unless otherwise stated in this report or agreed in writing with the LPA prior to required works. Any required works will be carried out under the supervision of the Arboricultural Consultant or Local Authority Tree Officer. Any materials which have the potential to contaminate the soil, e.g. concrete mixing and diesel oil will not be discharged within 10m of the tree stem. This should take into consideration the topography of the site and slopes, to avoid materials such as concrete washings flowing towards retained trees. Fires shall not be lit in a position where their flames can extend to within 5m of foliage, branches or trunk. This will depend on the size of the fire and the wind direction. Notice boards, telephone cables or other services should not be attached to any part of retained trees.

Surface design It is essential to maintain adequate supplies of water and oxygen for trees through the soil. New impermeable surfacing should not cover more than 20% of the RPA. Design and construction specification should take account of further growth. Paving slabs and block pavers are available with built in infiltration spaces between the slabs or blocks. They should be laid dry-jointed on a sharp sand foundation to allow air and moisture to penetrate to the rooting area. It may be necessary to lay paving and other surfaces on a flexible base to allow movement and to facilitate relaying if distortion becomes excessive due to the activity of tree roots. Edgings and associated foundations and haunchings can damage tree roots. This should be avoided within the RPA by either the use of alternative methods of edge support or by not using supports at all. Where wheeled or heavy pedestrian traffic is expected in the RPAs of retained trees, it will be necessary to construct the new surface using a cellular confinement system with a permeable surface. A supplementary method statement will be included in the appendices if necessary.

Changes in ground level Changes in ground level can be harmful to trees where stripping or filling of soil is carried out in the RPA. It is therefore important that no significant changes in level occur within the RPA of retained trees.

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Pedestrian Paving Any pedestrian paving that may be installed over rooting zones, as part of a post construction landscaping scheme, should be constructed in a manner sympathetic to tree roots. Excavation should be limited to 100mm. Paving with a thickness of 50mm bedded on mortar, or sand bearing directly onto the ground, with a finished surface which is level with existing ground levels will be acceptable. No retaining kerbs should be used.

Boundary treatments Where fencing is to be installed within RPAs of retained trees, post holes will be excavated by hand and kept as narrow as possible. Trial holes will be dug using a manually operated soil augur in order to position post holes to avoid major roots. Exploratory post holes will be dug before committing to positions. If any roots in excess of 25mm are encountered they are to remain intact and the post hole will be relocated to avoid them. The fencing system must permit such flexibility (i.e. where fixed panel widths are used, all post holes must be excavated before committing to the final location) All post holes will be excavated by hand and kept as narrow as possible (maximum diameter 300mm). Any roots in excess of 10mm which are severed will be neatly pruned back with secateurs. This will encourage healing and reduce the likelihood of infection.

Soft landscaping No machinery used for landscaping such as rotovators are to operate within the RPAs of retained trees. All planting must be carried out carefully, by hand to avoid damage to existing roots. Mulch should be used around the base of trees, where possible, to maintain ground level and to avoid mower and strimmer damage to buttresses and surface roots.

Monitoring The Arboricultural Consultant will be responsible for the monitoring of all arboricultural works and issuing a certificate of practical completion. A record of site visits will be maintained for inspection on site and copies forwarded to the developer/agent and to the LPA.

Removal of protective fencing and signing off When the construction process is complete, the site should be inspected by the appointed arboriculturalist or Local Authority Tree Officer. This must be prior to the removal of temporary protective fencing.

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Any proposed landscaping operations by heavy machinery should be carried out before the protective fencing is removed. 4.3 Nesting Birds

All birds, their nests and eggs, are protected by the Wildlife and Countryside Act (1981, as amended). Scattered hedgerows and scrub within the survey area have the potential to be used by birds as nesting habitat within the breeding season. Since some vegetation within the site (excluding existing boundary vegetation) is to be removed as part of the current development proposals, the following mitigation is advised. Suitable mitigation for birds includes the replacement of the loss of potential nesting habitat through the planting of favourable shrub and tree species. Where possible, vegetation clearance during the bird nesting season will be avoided. However, in the event that any vegetation removal is required between March and August (inclusive), an ecologist will be present to determine whether active bird’s nests are present. The ecologist will check and observe each 20m sector of vegetation for approximately 20 minutes prior to clearance works commencing. If an active bird nest is detected at any point, works in that sector will immediately cease and an area of 5m radius around the nest will be cordoned off and clearly marked using hi-visibility tape and appropriate signage to prevent disturbance to nesting birds. Any noisy machinery such as chippers will be moved at least 10m away from the location of the nest. Works within the cordoned off area where active bird nests have been detected will only proceed once an experienced ecologist has confirmed the nests are no longer active. The loss of foraging habitat should be compensated for by the use of native and/or wildlife-friendly plant species in any landscaping scheme (including fruit, seed and berry producing species) and the creation of plant rich verges. 4.4 Watercourse and Ditch Protection

In accordance with Environment Agency guidance, a suitable buffer zone between a water-course and the development must be maintained, given that there is no requirement to undertake any capital works to the ditches or their banks (for example, for drainage purposes). The buffer zone should be a minimum of 5 metres width from the banktop. The buffer zone will be demarcated during the construction phase with the use of fencing, bunting, or netlon. This buffer zone will remain undisturbed throughout the construction phase.

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It is recommended that a strategy to prevent any pollution incident occurring during the construction and post-construction phases is prepared in accordance with Pollution Prevention Guidance (PPG), particularly the following:

a. PPG1: General Guide to the Prevention of Pollution

b. PPG5: Works in, Near or Liable to Affect Watercourses

c. PPG7: Refuelling Facilities. 4.5 Construction Lighting Scheme

Night working may be required during the construction period. To avoid any disturbance to bats, the following measures should be carried out:

• Only the minimum amount of light needed for safety should be used and turned off when night works are not being carried out;

• Minimise light spill by eliminating any bare bulbs and upward pointing light fixtures. The spread of light should be kept near to or below the horizontal plane, by using as steep a downward angle as possible and/or shield hood;

• Use light sources that emit minimal ultra-violet light (Langevelde and Feta, 2011) and avoid the white and blue wavelengths of the light spectrum, so as to avoid attracting insects and thus potentially reducing numbers in adjacent areas, which bats may use for foraging;

• Avoid using reflective surfaces under lights or light reflecting off windows (e.g. onto potential bat flight lines);

• Artificial lighting should not directly illuminate hedgerows and tree lines; • Artificial lighting should not directly illuminate any known bat roosting features;

and • Uplighters are to be avoided.

4.6 Protection of Brown Hare Method Statement

No evidence of brown hare (Lepus lepus) was noted during the surveys carried out in 2015, however there are desk study records of brown hare within close proximity to the site. Hares live in the open (rather than retreating to a burrow in daylight) and therefore this makes them particularly vulnerable to disturbance. Due to the nearby records the following precautionary measures are recommended.

• A pre-commencement check of suitable habitats (the hedgerows) on site should be undertaken prior to any construction.

• If any evidence is found within the hedgerows a buffer will be established between the areas of significant disturbance and the hare habitat.

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4.7 Pollution Prevention Guidelines: Surface Water Monitoring along ditches and Pendleton Brook

The Environment Agency’s Pollution Prevention Guidelines will be followed to reduce the risk of sediment pollution resettling further downstream and potentially smothering benthic habitats. Prevention measures include the following:

• Manage silt to prevent from entering drains and watercourses o Plant, wheel and boot washing should be carried out in a designated

area of hard standing at least 10 metres from any surface waters; o Run-off should be collected in a sump, with settled solids removed

regularly and water recycled and reused where possible. Any excess water should be discharged to foul sewer with prior permission from the local sewerage provider or tinkered off site for authorised disposal.

• Ground contamination management • Store fuels away from drains and watercourses.

It is acknowledged that this document has now been archived but as it has not been replaced by a more detailed document then it still remains the key reference manual. 4.8 Eradication Management Plan for Japanese Knotweed

Condition 36 requires that an eradication management plan for Japanese Knotweed is included within the CEMS. However, this appears to apply to the wider site, rather than the phase of development to which this CEMS relates. There is currently no Japanese Knotweed present on the site as delineated by the red line boundary shown in Figure 1 (ref Urban Green PEA, March 2015). However, the following preventative measures should ensure that Japanese Knotweed on or near the Site is avoided. In the first instance, efforts should be put in place to prevent the species establishing. The four most common ways a site can become infected are:

• Importation of infected soil • Contamination on vehicles and equipment • Colonisation from upstream areas washing Japanese knotweed material

downstream • Illegal dumping

There are currently three means by which Japanese knotweed can be eradicated from sites. These are:

• Long term treatment with herbicides • Excavation and disposal at a licensed landfill site

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• Excavation, deep burial and/or bunding on site prior to treatment with herbicide

Summary of actions needed for effective management

1. Confirm Japanese knotweed identification 2. Carry out a survey and produce a distribution map of Japanese knotweed on

the site. Include a 7m radius away from the above ground growth in maps to help identify areas with potential rhizome growth.

3. Erect signage and close area off from unnecessary interference 4. Consider surrounding properties and potential for reintroduction. Talk to

adjacent land owners and make them aware of the issues and what you plan to do. Identify potential contamination routes to your site and mitigate against these. You may be unable to prevent reintroduction from upstream without the help of other landowners.

5. Decide should the programme aim for continuous control on a yearly basis or eradication from the site. Base your decision on an understanding of the biology, size of infestation, potential for reintroduction and other relevant sensitivities in the area.

6. Consider if you can successfully and safely carry out the work yourself, or if professional practitioners, with relevant training and certificates should undertake the work. Remember relevant health and safety legislation and procedures when working near water and on construction sites.

7. Identify if sufficient resource are/will be available to complete the work within the planned timescale. It can take 3 years and more of herbicide treatment with monitoring and follow up control for up to 5 years, so ensure you have sufficient funds to complete the work.

8. Ensure disposal options for plant material and contaminated soil are in place prior to work commencing.

9. Develop and produce a site-specific control/management plan (refer to template provided below).

10. Monitor for regrowth and/or reintroduction during site visits. If applicable, ensure new members of staff are aware of your Japanese knotweed plan and report sightings.

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Japanese knotweed management plan template Site Name: Site Manager/Owner: Site details

Address:

Telephone:

Email:

Agencies/persons involved:

Date:

Date of introduction:

Total site area:

Total area colonised:

Previous site management:

Designation On site Near site None present

Details:

Establish if there is a requirement to apply for a

license/notify before proceeding with the plan

Actions and resources

Management options Responsibility Date to undertake

Resources needed Responsibility Date to undertake

Monitoring and evaluation

Name of person/s Date to undertake Report to Additional treatments date (if

required)

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5 References

British Standards (2012). BS 5837:2012 – Trees in relation to design, demolition and construction. Recommendations.

IEA (1995). Guidelines for Baseline Ecological Assessment. E & F Spon.

JNCC (2010). Handbook for Phase One Habitat Survey – 2010 Edition. England Field Unit, Nature Conservancy Council, reprinted JNCC.

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Appendix 1 – Site Plan and Development Proposals

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Appendix 2 – Precautionary Method of Working

Initial Site Clearance

Habitat on site is suitable for brown hare and nesting birds, although none have been found on site to date. This Precautionary Method of Working (PMW) outlines actions which need to be taken to minimise any potential impact on these species while carrying out the construction of the proposed development on the proposed site.

• Staff briefing: The Ecologist for the Site will be appointed by the Developer and will be responsible for ensuring that the measures detailed below are implemented. The Ecologist will be fully briefed on their required tasks by the Ecological clerk of Works. The Ecological Clerk of Works will be an experienced ecologist.

• The details of this PMW will be presented by the Ecologist through a Toolbox Talk to all staff working on the Site prior to commencement of works. Where necessary, the Ecologist will remain on site to ensure the measures set out below are undertaken in accordance with the PMW.

• Prior to any vegetation clearance on the Site, all suitable habitats within the working area will be surveyed by the ecologist for the presence of nesting birds. This will be carried out by an experienced ornithologist, using a nest identification procedure where the area of vegetation requiring clearance is observed for at least half an hour to identify active nests through the identification of birds returning to the nest with food or leaving with faecal sacks. Any nests identified during this initial survey will be left undamaged with an appropriate buffer of vegetation of no less than a 5m radius. The buffer will be clearly marked with tape and appropriate signage and will remain in place for the entire nesting period.

• The methods highlighted within the PMW will be carried out with appropriate quality assessment procedures which will be checked by the Ecologist and will be audited by the ECoW.