proposed hawkesbury golf course and marina, bedworth

PROPOSED HAWKESBURY GOLF COURSE AND MARINA, BEDWORTH, WARWICKSHIRE

EXTENDED PHASE 1 HABITAT SURVEY

A Report to South Winds Holdings Limited

Middlemarch Environmental Ltd Triumph House

Birmingham Road Allesley Coventry CV5 9AZ

Tel: 01676 525880 Fax: 01676 521400

E-Mail: [email protected] Web Site: www.middlemarch-environmental.com

Report Number: RT-MME-110987

January 2012

Proposed Hawkesbury Golf Course and Marina, Bedworth, Warwickshire RT-MME-110987 Extended Phase I Habitat Survey

Middlemarch Environmental Ltd.

PROPOSED HAWKESBURY GOLF COURSE AND MARINA, BEDWORTH, WARWICKSHIRE


CONTROLLED COPY

01 OF 02

01 SOUTH WINDS HOLDINGS LIMITED 02 MIDDLEMARCH ENVIRONMENTAL LTD

This report was compiled by: Lizzie Reffin BSc (Hons)

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.

Contract Number C110987

January 2012



EXECUTIVE SUMMARY

Middlemarch Environmental Ltd was commissioned by Tetlow King Planning to carry out an initial ecological

appraisal at the site of a proposed marina development known as Hawkesbury Golf Course in Bedworth,

Warwickshire. To fulfil this brief an ecological desk study and Extended Phase I Habitat Survey were

undertaken.

The ecological desk study revealed that 21 nature conservation sites with non-statutory protection are

present within the 1 km search area. Two of these Hawkesbury Junction (ungraded Ecosite) and Hakesbury

Farm Pool (LWS) are located within the boundaries of the development site. The Coventry Canal (pLWS) is

located along the eastern border of the site. The desk study also revealed records of bat, reptiles, great

crested newt and water vole within the 1 km search area.

The Extended Phase I Habitat Survey was undertaken on 30th January 2012 by Lizzie Reffin (Ecological

Consultant). This survey identified the presence of poor semi-improved grassland, scrub, Japanese

knotweed Fallopia japonica, ponds and scattered trees on site.

The key ecological features on or surrounding the site in relation to the works proposed are Hawkesbury

Junction (an ungraded Ecosite), Hawkesbury Field Farm Pool (LWS), Coventry Canal (pLWS), badgers,

bats, water vole, otter, reptiles, great crested newts, nesting birds and Japanese knotweed.

In order to ensure compliance with wildlife legislation and relevant planning policy, the following further works

are recommended:

• Badgers: A badger survey should be undertaken prior to the commencement of works.

• Bats: An initial bat survey should be undertaken on any trees identified for removal and a bat activity

survey of the whole site should be undertaken to determine usage of the site by bats.

• Great Crested Newts: A great crested newt habitat suitability survey should be undertaken.

• Nesting Birds: Vegetation should be cleared outside of bird nesting season.

• Otters: An otter survey should be undertaken on the canal, ponds and ditches.

• Reptiles: A reptile survey should be carried out on all potential reptile habitat which is to be

removed.

• Terrestrial Mammals: Any excavations that need to be left overnight should be covered or fitted with

mammal ramps to ensure that any animals that enter can safely escape.

• Water Voles: A water vole survey should be carried out on the canal, ponds and ditches.

• Japanese Knotweed: A Japanese knotweed survey should be completed to determine if the stand

located to the southern portion of the site (TN3) is Japanese knotweed.



CONTENTS

1. INTRODUCTION........................................................................................................................................ 5 1.1 PROJECT BACKGROUND....................................................................................................................... 5 1.2 SITE DESCRIPTION ............................................................................................................................... 5

2. METHODOLOGIES ................................................................................................................................... 6 2.1 DESK STUDY ....................................................................................................................................... 6 2.2 EXTENDED PHASE 1 HABITAT SURVEY .................................................................................................. 6

3. DESK STUDY RESULTS .......................................................................................................................... 7 3.1 INTRODUCTION .................................................................................................................................... 7 3.2 NATURE CONSERVATION SITES ............................................................................................................ 7 3.3 PROTECTED SPECIES .......................................................................................................................... 9 3.4 INVASIVE SPECIES .............................................................................................................................. 10

4. EXTENDED PHASE 1 HABITAT SURVEY ............................................................................................ 11 4.1 INTRODUCTION .................................................................................................................................. 11 4.2 SURVEY CONSTRAINTS ...................................................................................................................... 11 4.3 HABITATS .......................................................................................................................................... 11 4.4 FAUNA .............................................................................................................................................. 15 4.5 INVASIVE PLANT SPECIES................................................................................................................... 16

5. DISCUSSIONS AND CONCLUSIONS .................................................................................................... 17 5.1 SUMMARY OF PROPOSALS ................................................................................................................. 17 5.2 NATURE CONSERVATION SITES .......................................................................................................... 17 5.3 HABITATS .......................................................................................................................................... 18 5.4 PROTECTED/NOTABLE SPECIES ......................................................................................................... 19 5.5 INVASIVE PLANT SPECIES................................................................................................................... 21

6. RECOMMENDATIONS ........................................................................................................................... 22 6.1 NATURE CONSERVATION SITES .......................................................................................................... 22 6.2 HABITATS .......................................................................................................................................... 22 6.3 PROTECTED / NOTABLE SPECIES ........................................................................................................ 22

6.4 INVASIVE PLANT SPECIES ............................................................................................................... 24 REFERENCES AND BIBLIOGRAPHY ............................................................................................................ 25 APPENDICES .................................................................................................................................................. 26

APPENDIX 1 ................................................................................................................................................ 27 APPENDIX 2 ................................................................................................................................................ 30 APPENDIX 3 ................................................................................................................................................ 33



1. INTRODUCTION

1.1 PROJECT BACKGROUND In January 2012 South Winds Holdings Limited commissioned Middlemarch Environmental Ltd to undertake an

initial ecological appraisal of the site of a proposed development at Hawkesbury Golf Course, Bedworth in

Warwickshire. It is understood that the proposals include the creation of a marina, residential dwellings,

footpaths and allotments.

Middlemarch Environmental Ltd has also carried out an Arboricultural Survey alongside the Extended Phase 1

Habitat Survey (Report RT-MME-110989) at the site.

To fulfil the above brief to assess the existing ecological interest of the site, a desk study and an Extended

Phase 1 Habitat Survey were undertaken on 30th January 2012.

1.2 SITE DESCRIPTION The Hawkesbury Golf Course site is located to the south of Bedworth, measuring approximately 30 Ha in

size and is roughly rectangular in shape. The site is centred at National Grid Reference SP 363 854 and is

dominated by semi-improved grassland with scattered trees, ponds, scattered and dense scrub and

Japanese knotweed Fallopia japonica. The site is undulating and currently utilised as open recreational land

by dog walkers and the residents within the nearby housing estate.

The site encompasses two nature conservation sites within its boundaries these are Hawkesbury Farm Pool

Local Wildlife Site (LWS) located to the northern boundary and Hawkesbury Junction (ungraded Ecosite)

located to the south eastern boundary.

The site is bounded by the railway line to the west, Coventry Canal to the east, residential dwellings to the

south and Coalpit Fields Canal Arm (LWS) lies to the north, this boundary is delineated by a line of mature

scattered trees.



2. METHODOLOGIES 2.1 DESK STUDY A desk study was undertaken to determine the presence of any designated nature conservation sites and

protected species that have been recorded within a 1 km radius of 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;

• National Biodiversity Network Gateway website; and,

• Warwickshire Biological Records Centre.

The data collected from these consultees is discussed in Section 3. Raw data are provided in Appendix 1.

2.2 EXTENDED PHASE 1 HABITAT SURVEY An Extended Phase 1 Habitat Survey was conducted following the methodology of the Joint Nature

Conservation Committee (JNCC, 1993) as modified by 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. Data recorded during the field survey is discussed in Section 4.

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.



3. DESK STUDY RESULTS

3.1 INTRODUCTION All relevant ecological data provided by the consultees was reviewed and the results from these

investigations are summarised below in Sections 3.2 and 3.3. The full data are provided in Appendix 1.

3.2 NATURE CONSERVATION SITES Reference to the Multi Agency Geographical Information for the Countryside (MAGIC) website and the local

biodiversity information indicates that no nature conservation sites with statutory protection and 22 nature

conservation sites with non-statutory protection occur within a 1 km radius of the survey area. These sites

are summarised in Table 3.1.

Site Name Designation Proximity to Survey Area Description

Hawkesbury Farm Pool Ecosite 542/38 LWS

On site near northern boundary

This is a pool which has been cleared of reeds and aquatic vegetation to increase its use for fishing. Some emergent vegetation remains as well as a small amount of scrub around the edges. The pool is bordered by amenity grassland and broad-leaved plantation.

Hawkesbury Junction Ecosite 642/38 Ungraded

On site south eastern

corner

The site lies on clay mounds and marshes bordered by the canal. The site supports a variety of flora and fauna with good cover for birds. Part of the site is used for grazing.

Coalpit Fields Canal Arm Ecosite 540/38 LWS

Borders northern boundary

The site includes a balancing lake which was constructed in the early 1990s. The lake has some marginal vegetation, planted trees and a parkland type appearance. The site also includes a disused canal arm and towpath, adjoining scrub and tall herb vegetation. By 1993 most of the site was landfilled except a small proportion east of the railway.

Coventry Canal Ecosite 39/38 pLWS

Borders eastern

boundary

This stretch of the Coventry canal runs from the basin in Coventry City Centre to its junction with the Oxford Canal at Hawkesbury. This part of the canal supports a wide range of flora and fauna. The purity of the water is indicated by the presence of freshwater muscle Anodonta cygnea, white-clawed crayfish Austropotamobius pallipes and freshwater sponges, all of which are sensitive to pollution. The canal supports submerged, emergent and marginal vegetation along its length. Hedgerows, coppiced willows Salix sp., and grassland area also recorded. The canal also supports great crested newts Triturus cristatus and a range of invertebrates.

Hawkesbury Hall Farm Pit Ecosite 635/38 LWS 27 m east

The site comprises a large fishing pool with good marginal flora and bordered by Coventry Canal. Previously a wet depression, the pool was excavated with a couple of islands. There are now some reeds and planted trees around the edges as well as a number of other small ponds in the area.

Key: LWS: Local Wildlife Site pLWS: potential Local Wildlife Site

Table 3.1 (continues): Summary of Non-Statutory Nature Conservation Sites




Hawkesbury Wasteland Ecosite 589/38 Ungraded 45 m south

east

This site is located adjacent to Coventry Canal and comprises semi-improved neutral grassland, broadleaved plantation, scrub, small pools with swamp and bare ground. A wide hedge is present along the towpath.

Marsh, Bayton Road Ecosite 653/38 Ungraded 80 m west

In 1992 the site was reported to be an industrial site however previous records show that the site comprised scrub and was affected by fly tipping. The west of the site was wetter comprising rushes and reeds with ponds forming during winter.

Shrubland off Blackhorse Road Ecosite 659/38

Ungraded 188 m south west

A small site comprising rough grassland and scrub.

Black Bank Walk Ecosite 587/38 LWS 500 m north

The site is a disused and part filled in canal arm towpath and adjoining scrub and tall herb. The canal is in a slight cutting, with the sides well drained. Aquatic vegetation is present whilst the towpath is devoid of vegetation. A flat area to the south west comprises waste ground, colonised by tall herb.

Mineral Railway, Black Bank to Newdigate Ecosite 601/38

pLWS 830 m north

The western portion of this site is designated as pLWS. The banks of the cutting show a good range of tree and shrub species. The site is a valuable habitat for birds and butterflies.

Oxford Canal Ecosite 61/38 pLWS, 192 m south

The canal with its towpath and embankments support an exceptionally rich flora and fauna and provides a vital wildlife corridor linking the city centre with the Warwickshire countryside. Hedgerows are present along the towpaths. Pasture land generally surrounds the canal which opens out to the water.

Coventry ‘B’ Supergrid Site Ecosite 227/38 pLWS 375 m south

The site comprises a mosaic of semi-improved grassland, scrub, woodland, swamp and small areas of open water developed on a former coal mine site. The site is located on the northern boundary of the city and forms part of a chain of important wildlife sites along the Sowe Valley. The site has been under consideration as a potential education site. The site provides suitable habitat for moths and butterflies along with a variety of other invertebrates.

Hawkesbury Hall Pond and Wood Ecosite 636/38

Ungraded 395 m south east

This site comprises a small pond with a dense reed bed providing cover to waterfowl and other birds. The woodland is partly natural and partly planted. The site is known to support a range of butterflies.

Marsh at Blackhorse Road Ecosite 658/38 Ungraded 450 m south

west

This is a private site with no public access. Part of the site is very wet with rushes and a pond with reeds. Rough grassland and scattered scrub are also present on site with a mature hedgerow along the western edge.


Table 3.1(continues): Summary of Non-Statutory Nature Conservation Sites




Grange Road Wasteland Ecosite 590/38 pLWS 470 m south

The site is a small low lying area with a pond, herbs, scrub and reeds. The site was re-surveyed in 2008 and was found to have mostly been redeveloped into a permanent mooring site. The remaining habitats included amenity grassland with ornamental planting adjacent to Coventry canal.

Grange Farm Ecosite218/38 Ungraded 520 m south

The farm comprises a mixture of unused tall herb fields and hay grassland with tall herbs. The south-east portion of the site was found to have been redeveloped during an update in 2008. The remaining site included semi-improved neutral grassland, arable land, improved grassland and a ditch.

Miners Welfare Park, Bedworth Ecosite 586/38

Ungraded 633 m north

The site is an informal and formal recreational park with a variety of habitats including amenity grassland, mixed woodland, scrub and tall herb communities. At the far end of the park there is a balancing lake where trees and scrub are becoming established and patches of reed are extending. The site provides habitats for birds and invertebrates.

Weston Hayes Farm Ponds x2 Ecosite 254/38

Ungraded 740 m north east

The site provides two ponds with established rush and reed vegetation with shallow banks that are preferred by newts. Evidence of great crested newt egg laying was identified during 2002.

Coalpit Fields Ecosite 634/38 Ungraded 800 m

north

This site comprises an area of rank grassland with scattered scrub on a previously mined site. The site supports a variety of butterflies. The majority of this site has been listed as destroyed.

Black Bank Pool, Bedworth Ecosite 513/38 Ungraded 800 km

north west

Rejected by the LWS panel. The site provides a pool with reed fringe and hedgerows on two sides. Waterfowl, smooth newt Lissotriton vulgaris, common frog Rana temporaria and common toad Bufo bufo were recorded at the site. A housing development was planned around the pond.

Land rear of Blackhorse Road Signal Box Ecosite 660/38

Ungraded 930 m south west

Data from the 1980’s. The site is privately owned with rough grassland, trees and shrubs.


Table 3.1 (continued): Summary of Non-Statutory Nature Conservation Sites

3.3 PROTECTED SPECIES Table 3.2 provides a summary of protected 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. Records of UK and local Biodiversity Action Plan have also been included within this table.



Species No. of Records

Most Recent Record

Proximity of Nearest Record to Study Area

UK BAP?

Local BAP?

NERC S.41 List?

Legislation / Conservation

Status

Mammals (Bats) Daubentons bat Myotis daubentonii 1 1983 236 m south - - ECH4, WCA5,

WCA6 Mammals Water vole Arvicola amphibius 3 2003 Adjacent to site - WCA5

Herpetofauna

Common toad Bufo bufo 8 2002 On site - WCA5(S9(5))

Smooth newt Lissotriton vulgaris 6 2002 On site - - - WCA5(S9(5))

Great crested newt Triturus cristatus 3 2002 263 m east ECH2,4, WCA5

Common lizard Lacerta vivipara 2 2005 411 m north - - - WCA5 (S9(1)),

(S9(5)) Common frog Rana temporaria 2 1996 472 m south

east - - - ECH5, WCA5(S9(5))

Invertebrates

Wall Lasiommata megera 3 1994 258 m south - -

Key: ECH 2: Annex II of the European Communities Council Directive on the Conservation of Natural Habitats and Wild Fauna and Flora. Animal and plant species of community interest whose conservation requires the designation of Special Areas of Conservation. 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 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. UK BAP: United Kingdom Biodiversity Action Plan. Local BAP: Warwickshire, Coventry and Solihull Biodiversity Action Plan NERC S.41: Natural Environment and Rural Communities Act 2006, Section 41: Habitats 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 3.2: Summary of Protected/Notable Species Records Within 1 km Radius of Study Site

3.4 INVASIVE SPECIES The desk study did not identify any records of invasive plant species within the 1 km search 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.



4. EXTENDED PHASE 1 HABITAT SURVEY

4.1 INTRODUCTION The results of the Extended Phase 1 Habitat Survey are presented in Section 4.2. An annotated Extended

Phase 1 Habitat Survey Drawing (Middlemarch Environmental Ltd Drawing Number C110987-01) is attached

in Appendix 2. 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.

The survey was carried out on 30th January 2012 by Lizzie Reffin (Ecological Consultant). Table 4.1 details the

weather conditions at the time of the survey.

Parameter Condition Temperature (ºC) 4

Cloud (%) 0 Wind F0-1

Precipitation None

Table 4.1: Weather Conditions During Survey Period

4.2 SURVEY CONSTRAINTS The areas of dense scrub could not be fully assessed during the field visit due to their dense nature and their

close proximity to the canal and therefore any mammal burrows which may be present may not have been

recorded. January is not considered to be an optimal time to complete botanical surveys however given the

nature of the study site this is not considered to be a notable constraint and this report represents a robust

initial site assessment.

4.3 HABITATS The following habitat types were recorded on site during the field survey:

• Canal;

• Ditches;

• Fence;

• Hardstanding;

• Ponds (Standing Water);

• Poor Semi-improved grassland;

• Scattered trees;

• Scrub; and,

• Structures.

These habitats are described below. They are ordered alphabetically, not in order of ecological importance.



Canal The Coventry Canal forms the eastern boundary of the site. The eastern most boundary of the canal is steel

pile driven along the southern most portion of its length. The remaining canal comprised concrete sides

which are generally in poor condition with large cavities and areas of crumbling noted.

The vegetation along the eastern most bank comprises a narrow amenity grassland verge with a gravel /

hardstanding towpath. The western bank which is located within the study site comprises scrub, scattered

trees and poor semi-improved grassland. These habitats are all described below in more detail.

The canal has a slow flow and patches of emergent vegetation including bulrush Typha latifolia were

recorded.

Ditches Two ditches were noted within the site, one located to the south of the site and the other running roughly

through the centre of the site. The ditches were shallow and contained approximately 10 cm of water with a

very slow moving flow. The banks were fairly steep at approximately 40 – 60 degree angles along their length

and the channels were roughly 1 – 1.5 m in width. The vegetation within the ditches and along their banks

comprised similar species to the adjacent poor semi-improved grassland habitat. The grass within the areas

of the ditches was generally longer than the rest of the site due to limited management as a result of the

steep banks and narrow channel.

Fence Low wooden post and rail fences were present to the north and south of the site, wire fences and palisade

fencing was present to the western boundary along the railway line. The post and rail fences were generally

in good condition however the wire fencing along the railway was damaged in several sections. The fencing

generally supported little vegetation however in places ivy Hedera helix was recorded.

Hardstanding Two areas of hardstanding were recorded within the site. The larger area of hardstanding was located to the

south of the site and used to comprise car parking facilities and the club house for the golf course. A smaller

patch of hardstanding is located to the western portion of the site in close proximity to the railway tunnel. The

hardstanding generally supported little vegetation however, small patches of perennial rye grass Lolium

perenne, dandelion Taraxacum officinale agg., cow parsley Anthriscus sylvestris and ribwort plantain

Plantago lanceolata were recorded.

Ponds (Standing Water) Four ponds were located within the study site these were predominantly located in the northern half of the

site. The ponds are described below in more detail and their locations can be found on Middlemarch

Environmental Ltd Drawing Number 110987-01 in Appendix 1.



Pond 1

This pond is the most southerly pond on the site and measures approximately 110 m by 40 m. The pond is

surrounded by scattered trees many of which are mature. The banks vary from 10 degrees to 60 degrees in

places and comprise poor semi-improved grassland species with soft rush Juncus effusus and bramble

Rubus fruticosus agg. present. The bed of the pond appears to be silt with the water level at approximately 1

m deep at the edges. Marginal vegetation including bulrush was present in patches within the pond.

Pond 2

Pond 2 is located within the eastern portion of the site close to the canal and measures approximately 60 m

by 20 m. Scattered trees are present around the edges of this pond however, the trees are generally young

to early mature. The vegetation within the pond comprises poor semi-improved grassland species, soft rush

and bulrush. The pond is shallow with approximately 20 cm of water present. The banks are shallow at no

more than 30 degree angles to the pond.

Pond 3

This pond is located to the northern most boundary of the site and is known as Hawkesbury Farm Pool

(LWS), the pond measures approximately 70 m by 50 m. The pond comprises steep banks at approximately

70 degrees surrounded by scattered trees. Some of the trees are mature with most being young to early

mature. The bed of the pond appears to be silt with a water depth of 1.5 m at its edges the water level is

approximately 1 m below the bank edge. Vegetation within the pond included bulrush and the banks of the

pond comprised poor semi-improved grassland and patches of bramble. The desk study identified that this

pond was recently cleared to increase its use as a fishing pond.

Pond 4

Pond 4 is located to the western boundary of the site within close proximity to the railway tunnel. This pond

measures approximately 60 m by 40 m. The banks of this pond were shallow at a maximum of 30 degrees.

The water level was approximately 0.75 m at the edges of the pond. Small patches of bulrush were noted

within the pond. The vegetation around the banks included poor semi-improved grassland with patches of

soft rush present.

Poor Semi-improved Grassland Poor Semi-improved grassland dominated the site. The grass was generally short with taller areas present

along the canal, along the banks of the ditches and below the scattered trees throughout the site. Grassland

species comprised perennial rye grass, meadow grass Poa sp., cocks foot Dactylis glomerata, false oat

grass Arrhenatherum elatius, dandelion, daisy Bellis perennis, ribwort plantain, clover Trifolium sp.,

broadleaved dock Rumex obtusifolius, cleavers, doves foot cranesbill Geranium molle, creeping buttercup

Ranunculus repens, vetch Vicia sp., cow parsley, spear thistle Cirsium vulgare, creeping cinquefoil Potentilla

reptans, yarrow Achillea millefoilum, shepherds purse Capsella bursa-pastoris, common fumitory Fumaria

officinalis and ground ivy Glechoma hederacea.



Scattered Trees Scattered trees were present throughout the site and vary in age from young to mature. Species present

include hawthorn Crataegus monogyna, field maple Acer campestre, rose Rosa sp., cherry Prunus sp., silver

birch Betula pendula, hornbeam Carpinus betulus, oak Quercus sp., willow Salix sp., ash Fraxinus excelsior,

pine Pinus sp., red horse chestnut Aesculus × carnea, sycamore Acer pseudoplatanus and gorse Ulex

europaeus.

The trees were generally in good condition however, some of the trees located predominantly to the eastern

portions of the site displayed features such as cracks, split limbs and peeling bark. Some of the trees along

the canal had ivy coverings. All

For a detailed assessment of the trees located within the site refer to the Arboricultural Survey RT-MME-

110989.

Scrub Patches of dense and scattered scrub were present throughout the study site. Dense scrub was generally

dominated by brambles and hawthorn located along the canal and the railway embankment. Scattered scrub

was located along the canal, around the ponds and below the patches of scattered trees throughout the site.

Scrub species included bramble, nettle Urtica dioica, cleavers Galium aparine, buddleia Buddleia davidii,

burdock Arctium sp. and wild teasel Dipsacus fullonum.

An area of historic hawthorn scrub was recorded along the south eastern boundary of the site along the canal

and the disused mine. The Arboricultural Survey RT-MME-110989 should be consulted for more information

regarding this area of hawthorn.

Structures Two tunnels were present under the railway located to the west of the site. The tunnel located to the north

comprised brick sides with a steel roof. The brickwork was generally in good condition with no missing

mortar, cracks or crevices noted. The tunnel located further south comprised a brick structure with an arch

way. Small areas of missing mortar were recorded within the brickwork on the eastern elevation these

features did not appear to extend into a cavity. The rest of the brickwork around the tunnel was in good

condition.



4.4 FAUNA During the survey field signs of faunal species were noted and mapped. The time of year at which the survey

is undertaken will affect species or field signs directly recorded during the survey.

Evidence of the following faunal species was observed on site:

Birds A range of common bird species were recorded on site during the field survey including those listed within

Table 4.2.

Common English Name Scientific Name

Blackbird Turdus merula Blue tit Cyanistes caeruleus Carrion crow Corvus corone Herring gull Larus argentatus Magpie Pica pica Mute swan Cygnus olor Pied wagtail Motacilla alba Robin Erithacus rubecula Table 4.2: Bird Species noted During Field Survey

Mammals Several mammal tracks were recorded throughout the site however due to the site being used by the local

residents for dog walking and recreation it is difficult to attribute the tracks to any single species.

Badger Meles meles

Footprints resembling those of badger were recorded within a damp mud track leading on to site from the

railway line (Target Note. 2). These were recorded just to the north of the tunnel.

Foraging scrapes were also recorded throughout the site but again these could not be attributed to an

individual species at the time of the field survey.

No further evidence of badger activity e.g. latrines, hairs or setts were recorded during the field visit.

Rabbit Oryctolagus cuniculus

Evidence of rabbit droppings were recorded throughout the site. Rabbit burrows may have been present

within the scrub along the railway embankment and the canal however no burrow locations were identified

during the field survey.

Foraging scrapes were also recorded during the survey but these could not be attributed to an individual

species at the time of the field visit.



4.5 INVASIVE PLANT SPECIES Three stands of Japanese knotweed were located to the north eastern corner of the site during the field visit

(Target Note 1 on Middlemarch Environmental Ltd Drawing Number C110987-01 in Appendix 1). Japanese

knotweed is listed within Schedule 9 of the Wildlife and Countryside Act 1981 and it is illegal to cause to

spread or grow in the wild. An additional stand of what appeared to be Japanese knotweed was located

within the southern portion of the site (Target Note 3) however it was not possible to determine if this was

Japanese knotweed or not at the time of the survey as this species dies back for winter.



5. DISCUSSIONS AND CONCLUSIONS

5.1 SUMMARY OF PROPOSALS It is understood that the site is to be redeveloped to provide a marina, residential dwellings and allotments. It

is understood that only the southern portion of the site is to be redeveloped and therefore the main habitats

to be affected by the proposed works include semi-improved grassland, scattered trees and scrub. It is

understood that the development is approximately 60 m south of the nearest pond.

The site itself is currently a disused golf course which is regularly utilised by dog walkers and the local

residents as a recreational area. The railway line borders the western boundary and the Coventry Canal

borders the eastern boundary. The site boundaries identified within documentation provided by the client

indicate that Hawkesbury Farm Pool (LWS) and Hawkesbury Junction (ungraded Ecosite) are incorporated

within the redline boundary. The railway and Coventry Canal provide important wildlife corridors to

surrounding habitats linking the majority of the nature conservation sites identified within the 1 km search

area.

5.2 NATURE CONSERVATION SITES Non-Statutory Sites

The desk study identified 21 nature conservation sites within the 1 km search area. Having reviewed the

documentation provided by the client two of these sites are included within the redline boundary these are

Hawkesbury Farm Pools (LWS), located to the northern boundary of the site and is indicated on Middlemarch

Environmental Ltd Drawing Number C110987-01 as Pond 3 in Appendix 1 and Hawkesbury Junction

(Ecosite, nature conservation status ungraded). The remaining nature conservation sites are generally linked

to the proposed development site due to the presence of the railway line bordering the western boundary and

the Coventry Canal (pLWS) bordering the eastern boundary. The impacts of the proposed development on

the nature conservation sites identified are discussed in more detail below.

Nature Conservation Site to be lost

The location of the marina will incorporate the Hawkesbury Junction, Ecosite and therefore this ungraded

nature conservation site will be lost. Recommendations are therefore made in section 6.1.

Nature Conservation Sites to be Directly Impacted

The Coventry Canal (pLWS) is located along the eastern site boundary and it to be affected by the proposed

works to incorporate a marina on site. For recommendations please see section 6.1.

Nature Conservation Sites Within the Survey Area to be Indirectly Impacted upon

Hawkesbury Farm Pools (LWS) is located within the site boundaries at the northern most point. The

proposed development works are to be undertaken within the southern portion of this local wildlife site and

therefore will not be directly impacted upon. However due to the increase in residential properties proposed



for the site and the creation of a marina this local wildlife site may be indirectly impacted through the increase

in population utilising the site for recreational purposes. Recommendations are made in section 6.1.

Nature Conservations Sites to be Indirectly Impacted By the Works

The remaining 17 nature conservation sites identified within the desk study are connected to the

development site by the Coventry Canal (pLWS) and the railway line. It is considered that the nature

conservation sites which are located along the length of the canal may be indirectly impacted upon as a

result of the works which directly affect the canal.

It is considered that the indirect impacts upon the remaining 17 nature conservation site may include the

increased pressure due the increase in population. Recommendations are made in section 6.1.

5.3 HABITATS It is understood that the proposals for the site include a marina located to the south east of the site,

allotments located to the south west adjacent to the railway and residential dwelling located between the

allotments and the marina. It is understood that boundary vegetation will be retained where possible and that

no works are proposed to take place within the northern portion of the site.

The ecological importance of the habitats present on site is assessed against their presence on the UK and

Local BAPs and on Section 41 of the NERC Act. Those habitats which meet any of these criteria and are

considered likely to be impacted by the proposals are highlighted as notable considerations. This is

summarised in Table 5.1 and further discussed in the text below. The suitability of the site to support

protected species is further discussed in Section 5.4 below.

Habitat Type UK BAP?

Local BAP?

NERC Act?

Will habitat be impacted?

Is Habitat a Notable Consideration?

Canal - - Yes Yes Ditches - - - Yes No Fence - - - Yes No Hardstanding - - - Yes No Ponds (Standing Water) * * No Yes Poor semi-improved Grassland - - - Yes No

Scattered Scrub - - - Yes No Scattered Trees - - - Yes Yes Structures - - - No No Key: *: Potentially if meets UKBAP criteria

Table 5.1: Summary of Ecological Importance of Habitats on Site

The canal and ponds are considered to be of notable consideration with respect to the proposed

development due to them being listed as BAP habitats. Whilst the canal is only present within the local BAP

the canal provides an important wildlife corridor and connects several nature conservation sites along its

length. The canal is also to be directly affected by the proposed creation of a marina within the site and



therefore the development will directly impact upon this habitat. Precautionary recommendations are made in

section 6.2.

The scattered trees are also of notable consideration with respect to the development although this habitat

does not appear within the UK or Local BAP. It is understood that the development works will largely impact

the young trees present within the study area however, several mature trees were present scattered

throughout the study site. Mature trees are not easily replaced if removed therefore the scattered trees are of

notable consideration with respect to the development in particular the mature trees noted within the study

site. Recommendations are made in section 6.2.

The remaining habitats are not considered to be of notable consideration due to the location of the proposed

works and as they do not appear on the UK or Local BAP as habitats of high conservation concern.

5.4 PROTECTED/NOTABLE SPECIES Table 5.2 summarises which species are notable considerations for any development of the survey area.

Table 3.2 states whether these species are targeted by national or local Biodiversity Action Plans (BAPs) or

afforded some protection under the NERC Act 2006.

Species/ Species Group Key habitats for these species Will species be impacted, if present?

Is Species a Notable

Consideration?

Badger Scrub, poor semi-improved grassland Yes Yes

Amphibians Ponds, ditches & poor semi-improved grassland Yes Yes

Hedgehog Scrub Yes Yes Otter Canal, ponds & ditches Yes Yes Water vole Canal, ponds & ditches Yes Yes

Bats Canal, ponds, ditches & scattered trees Yes Yes

Birds Canal, ponds, ditches, scrub & scattered trees Yes Yes

Reptiles Canal, ponds, ditches & poor semi-improved grassland, Yes Yes

Table 5.2: Summary of Ecological Importance of Species on Site

Badgers The desk study did not identify records of badger within the 1 km search area, however badger footprints

were recorded during the field visit. The habitats present within the study site provide suitable sett building

and foraging habitat for badgers including poor semi-improved grassland, scrub, the presence of the railway

embankment to the west and the canal to the east. As badgers are transient creatures and often build new

setts it is considered that badgers may be impacted by the proposed development should they be found to be

present. As such recommendations have been made within Section 6 of this report with respect to badgers.



Amphibians Great crested newts

The desk study identified records of great crested newt 560 m south east of the study site. The presence of

four ponds and two ditches within the survey area increases the likelihood that great crested newts may be

present on site. The Coventry Canal is also known to support populations of great crested newts along its

length and therefore this habitat may also provide suitable breeding habitat for this species. Whilst the ponds

are to be retained throughout the development of the site the closest pond (P1) will be situated approximately

60 m north of the development, all of the waterbodies on site are well connected by poor semi-improved

grassland which may provide suitable terrestrial and dispersal habitat for great crested newts. It is therefore

considered that the proposed development may impact upon great crested newts should they be present

within the site or within close proximity to the site. As such recommendations have been made within Section

6.3 of this report.

Common toad

The desk study identified common toad within the site boundary. Many of the habitats on site have the

potential to support common toad and other amphibians due to the presence of tall grassland areas, scrub

and ponds. It is therefore considered that common toad and amphibians are of notable consideration.

Recommendations have been made in section 6.3.

Hedgehog The desk study did not identify any records of hedgehog within the 1 km search area, however due to the

presence of poor semi-improved grassland and scrub the site provides foraging and resting places suitable

for use by hedgehogs and as such should hedgehogs be found to be present the proposed development may

impact upon this species. As such recommendations have been made within Section 6 of this report with

respect to hedgehogs.

Otter The desk study did not identify any records of otter within the desk study however all major watercourses

within Warwickshire are considered suitable to support this species. No evidence of otter activity was

recorded at the time of the field survey however as this species is transient they may only infrequently pass

through the site. It is therefore considered that the proposed development may impact otter should they be

found to be present and as such a recommendation has been made within Section 6 of this report.

Water Vole The desk study identified records of water vole adjacent to the study site within the canal. The canal, ponds

and ditches present within the site may provide suitable habitats for water vole and as such this species may

be impacted upon by the works should they be found to be present. Recommendations have been made

within Section 6 of this report with respect to water vole.



Bats The desk study identified one historic record of Daubenton’s bat within the 1 km search area. The presence

of mature trees, the railway, the canal and the southern portion of the site being surrounded by residential

properties increases the potential for the site to be utilised by bats for foraging and commuting. It is therefore

considered that the proposed development may impact upon bats should they be found to be utilising the site

for foraging / commuting. Recommendations with respect to bats have been made within Section 6.3 of this

report.

Birds The desk study did not identify any records of bird species within the 1 km search area however a range of

common bird species were identified during the field visit. The scattered trees, scrub, ponds and longer areas

of poor semi-improved grassland provide suitable nesting and foraging habitat for birds. It is therefore

considered that birds may be impacted upon by the proposed development works. Recommendations have

been made with respect to birds within Section 6.3.

Reptiles The desk study identified records of common lizard within the 1 km search area. The habitats on site have

the potential to support reptiles due to the presence of tall grassland areas, scrub, ponds, the canal and the

railway embankment. It is therefore considered that reptiles may be impacted upon by the proposed

development works and as such a recommendation has been made in Section 6.

A summary of legislation relevant to the ecology of the site is included in Appendix 3.

5.5 INVASIVE PLANT SPECIES Three stands of Japanese knotweed (TN1) were identified within the north eastern corner of the site with

another potential stand of Japanese knotweed (TN3) located to the southern area. Japanese knotweed is

listed within Schedule 9 of the Wildlife and Countryside Act 1981 (as amended) making it an offence to cause

Japanese knotweed to spread or grow in the wild. It is however understood that the northern portion of the

site is to be unaffected by the proposed development works and therefore the known Japanese knotweed

stands should not be affected by the proposed development works. The potential Japanese knotweed (TN3)

located to the south may be affected by the works and therefore a recommendation has been made in

Section 6.



6. RECOMMENDATIONS

6.1 NATURE CONSERVATION SITES There are a number of nature conservation sites which may be lost, directly impacted or indirectly impacted

by the proposed development works and as such the proposals should be discussed with the Environment

Agency, British Waterways, the Local Planning Authority Ecologist and / or the Local Wildlife Trust to discuss

the impacts or potential impacts of the development on the nature conservations sites identified.

6.2 HABITATS The following recommendations are made regarding the habitats present on site:

• Habitat Loss & Enhancement: In accordance with the provision of Planning Policy Statement 9

(Biodiversity & Geological Conservation) and Local Planning Policy, a habitat/species enhancement

scheme should be incorporated into the landscaping scheme of any proposed works to maximise the

ecological value of the site. This will involve, for example, the planting of native seed/fruit bearing

species which will be of value to wildlife.

• Trees: Any trees and/or hedgerows on site, or overhanging the site, which are not to be removed as a

part of any proposed works should be protected in accordance with British Standard "Trees in relation

to construction - Recommendations" BS5837:2005. Protection should be installed on site prior to the

commencement of any works on site.

• Protect Watercourse & ponds: All works should be undertaken in accordance with best practice, e.g.

the Environment Agency’s Pollution Prevention Guidelines, to ensure that the waterbodies and

watercourses within in close proximity to the development are not adversely impacted by the proposed

works. 6.3 PROTECTED / NOTABLE SPECIES The following recommendations are made regarding protected species that are potentially present on site:

• Badgers: To ensure compliance with the Protection of Badgers Act 1992, given the suitable habitat

present within the survey area and connectivity to adjacent habitat that is suitable for badgers and

the identification of badger footprints within the western portion of the site, it is recommended that a

badger survey is undertaken to determine whether any setts are located within 30 m of the proposed

development area. Should badger setts be identified a badger activity survey may be required.

Badger surveys can be completed at any time of the year.

• Bats: To ensure compliance with the Wildlife and Countryside Act 1981 (as amended), an initial bat

survey should be undertaken on any mature trees which may be impacted by the proposed

development works. Initial bat surveys can be completed at any time of year. Should these initial



surveys recommend that further activity surveys are required, these further surveys can be

undertaken during suitable weather conditions between April and September (inclusive). Ideal

activity survey times are in suitable weather conditions between May and August, however surveys

in April and September may be possible but consultation with Natural England / Local Planning

Authority is recommended.

A bat activity survey should be undertaken to determine bat use of the site. Bat activity surveys can

be completed in suitable weather conditions between April and September (inclusive), with ideal

surveys times being May and June. These surveys will identify any sensitive areas within the site

which the development works may affect.

• Great Crested Newts: To ensure compliance with the Wildlife and Countryside Act 1981 (as

amended), a great crested newt Habitat Suitability Index (HSI) assessment should be undertaken for

all ponds and the canal identified within 500 m of the edge of the proposed development. Great

crested newt Habitat Suitability Index assessments can be carried out at any time of year, although if

possible it is preferable to carry out the assessments between March and October. If suitable great

crested newt breeding ponds are identified with connecting habitat to the proposed development site

it is likely that a full great crested newt survey will be required.

• Amphibians: To comply with best ecological practice work in sensitive areas, such as ditches and

dense undergrowth, should only be cleared under supervision of a suitably qualified ecologist.

• Nesting Birds: To ensure compliance with the Wildlife and Countryside Act 1981 (as amended),

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. If this

is not possible then any vegetation that is 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.

• Otters: To ensure compliance with the Wildlife and Countryside Act 1981 (as amended), an otter

survey of the Coventry Canal and any ponds and ditches present within the site should be

undertaken. This survey should include 200 m upstream and downstream of the proposed works to

the break in the canal and the ponds and ditches within the site. Otter surveys can be completed at

any time of year.

• Reptiles: To ensure compliance with the Wildlife and Countryside Act 1981 (as amended), a reptile

survey should be undertaken of suitable habitats within the proposed development site. Reptile

surveys can be completed in suitable weather conditions between April and September (inclusive).

• Terrestrial Mammals: Any excavations that need to be left overnight should be covered or fitted with

mammal ramps to ensure that any animals that enter can safely escape.

• Water Voles: To ensure compliance with the Wildlife and Countryside Act 1981 (as amended), a

water vole survey of the Coventry Canal and the ponds and ditches present within the site should be

undertaken. This survey should include 200 m upstream and downstream of the proposed works to



the break in the canal and a check of the ponds and ditches present within the site. Water vole

surveys can be completed between March and October inclusive.

6.4 Invasive Plant Species

• Japanese Knotweed: To ensure compliance with the Wildlife and Countryside Act 1981 (as

amended) the works must not cause Japanese knotweed to spread. Japanese knotweed can spread

from rhizomes in soil within a 7 m radius of the stand of the plant. Therefore it is recommended that

a Japanese knotweed survey be completed between Aril and September to determine if the stand

located to the southern portion of the site (TN3) is Japanese knotweed. If this stand is confirmed to

be Japanese knotweed then a Method Statement developed to ensure that the proposed works do

not result in the spread of this invasive non-native species.



REFERENCES AND BIBLIOGRAPHY

IEA. (1995). Guidelines for Baseline Ecological Assessment, Institute of Environmental Assessment. E&FN

Spon, An Imprint of Chapman and Hall. London.

JNCC, (1993). Handbook for Phase 1 Habitat Survey: A technique for environmental audit (reprint). Joint

Nature Conservation Committee, Peterborough.

Planning Policy Statement 9: Biodiversity and Geological Conservation. (2005). Available:

http://www.communities.gov.uk/publications/planningandbuilding/planningpolicystatement12

UK Biodiversity Partnership. (no date). ‘UK Biodiversity Action Plan’. Available: http://www.ukbap.org.uk

Warwickshire Biological Records Centre (2012) Desk Study Data



APPENDICES

APPENDIX 1: Desk Study Data

APPENDIX 2: Middlemarch Environmental Ltd Drawing C110987-01

Extended Phase I Habitat Survey

APPENDIX 3: Overview of Relevant Legislation



APPENDIX 1 Desk Study Data

The data contained in this appendix is confidential and cannot be reproduced.



Site Check Report Report generated on January 24 2012.

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1

Tina Palmer Middlemarch Environmental Ltd Triumph House Birmingham Road Allesley Coventry CV5 9AZ 19th January 2012 Dear Tina Ecological data search around Hawkesbury Grid Reference: SP 363854 Thank you for your consultation. I have consulted the Warwickshire Biological Records Centre and have the information on your area of search, which should be read in conjunction with the enclosed map. The information presented here is based on existing records held within the Warwickshire Biological Records Centre but does not constitute an exhaustive list of known records. The details are descriptive and further information on specific sites can be obtained if required. In addition, it should not be taken that the lack of details on specific groups (e.g. invertebrates) means that sites are not valuable for them - only that we have no current records. It is also possible that unknown sites and species are within this area that only an up-to-date systematic survey would find. 1. NATIONALLY IMPORTANT SITES A Site of Special Scientific Interest (SSSI) is a nationally important site, none of which fall within your area of search. 2. NON-STATUTORY SITES County Important sites are known as ‘Local Wildlife Sites’ (previously Sites of Importance for Nature Conservation). There are also a number of sites of nature conservation importance, termed "Ecosites", which are found within your area of search. I enclose information about the designation and grading of Ecosites in the table below. The county is currently reviewing its site system and will be identifying

Environment & Economy Christopher Hill Ecological Assistant Warwickshire Biological Records Centre Warwickshire Historic and Natural Environment The Butts Warwick CV34 4SS Tel: 01926 418060 Fax: 01926 412974 [email protected] www.warwickshire.gov.uk/museum Our Ref: ME1902 Your Ref: C110989/6884

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further Local Wildlife Sites (LWSs) over the next few years. Currently we have identified those sites which are potential Local Wildlife Sites (pLWSs) and these are also indicated below with the Ecosite details, many sites are as yet ungraded against the LWS system. Some Ecosites are also Regionally Important Geological and Geomorphological Sites (RIGSs) or statutory Local Nature Reserves (LNRs). Details of these designations are also given in the table below with the Ecosite details. The table below gives brief details of all known Ecosites within your area of search, please see enclosed map for location. Sites of regional and local biodiversity interest are considered to play a fundamental role in meeting overall national biodiversity targets, and therefore appropriate weight must be attached to designated Ecosites in all planning applications (Planning Policy Statement 9 – Biodiversity and Geological Conservation). N.B. All watercourses are considered to be of ecological importance, but accurate assessment of the relative importance of the various stretches is not generally possible as yet. Structure and Local Plan policies provide protection for these sites or, in circumstances where development is allowed, require mitigation measures to off-set any damage. In order to achieve this it is essential that adequate survey details, for sites which may be affected by development, are gathered at a very early stage. For sites of high biodiversity value this requires Phase 2 survey work and species specific surveys such as for invertebrates, mammals, birds and so on. Guidance is available from the Institute of Environmental Assessment’s (IEA) in “Guidelines for Baseline Ecological Assessment”. Please note that the brief descriptions below include species records recorded within the whole Ecosite, and therefore potentially an area outside of your specific area of search. In particular, descriptions of linear Ecosites such as water courses and railway lines may include species which were not necessarily recorded within your area of search. 2.1 Ecosites

Ecosite

Description

Ecosite 39/38 Coventry Canal

Identified as a potential Local Wildlife Site (pLWS). The 5½ mile stretch of the Coventry canal from its basin close to the city centre to the junction with the Oxford canal at Hawkesbury lies within the boundaries of the city of Coventry. Despite its urban setting, this part of the Coventry Canal contains richly varied wildlife habitats, supporting a wide range of aquatic and terrestrial flora and fauna. The purity of the water is indicated by the presence of freshwater mussel Anodonta cygnea, white-clawed crayfish Austropotamobius pallipes and freshwater sponges, all of which are sensitive to pollution. The canal

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has a rich flora with a considerable variety of species. Submerged, emergent and marginal vegetation types are well represented along the length of the canal, and several bankside stretches have good hedge remnants, or attractive coppiced willows. Plant species such as trifid bur-marigold Bidens tripartita, flowering rush Butomus umbellatus, and shining pondweed Potamogeton lucens, occur only locally but are of significant value within the vice county. The canal in the vicinity of Priestley’s Bridge is the only recorded site in Coventry for butterbur Petasites hybridus. The Coventry Canal also supports a good invertebrate fauna. Seventeen species of butterfly have been recorded, and six species of Odonata. Well over one hundred species of freshwater invertebrate have been identified, including twenty species of freshwater molluscs. There are ten species of fish, and four species of amphibian recorded. The most important of these is the great crested newt Triturus cristatus. These animals breed in two stretches of the canal. The colony near Red Lane Bridge seems likely to have existed for around forty years in a similar location.

Ecosite 61/38 Oxford Canal

Sections of this linear site are identified as a potential Locaal Wildlife Site (pLWS).

This site is continuous with Ecosite 7/48 but has been given a separate reference number for the 10 km square SP 38. The canal with its associated towpaths and embankments supports an exceptionally rich flora and fauna and provides a vital wildlife corridor linking the city centre with the Warwickshire countryside. Hawthorn and ash hedges run the length of the towpath. It is generally pasture surrounding the canal which opens out onto the water. Large quantities of hard rush are present. Great willowherb and meadowsweet dominate the waters edge along virtually the whole length of the section with some patches of butter burr being present. Several mollusc and moth species have been recorded. Data collected between 1983-1998.

Ecosite 218/38 Grange Farm

Nature conservation status ungraded. The farm contains a mixture of unused tall herb fields with many nettles and thistles and hay grassland with tall herbs. Part of the Ecosite in the south-eastern section was found to be developed during a re-survey in April 2008. The remaining site included semi-improved neutral grassland, arable land, improved grassland and a ditch. Intact, species poor hedgerows that border the arable land were unmanaged and appeared at the time of survey as linear dense/continuous scrub areas. Overall, the site is good for birds, insects and amphibians.

Ecosite 227/38 The majority of this site is identified as a potential Local Wildlife Site

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Coventry ‘B’ Supergrid Site

(pLWS). A mosaic of semi-improved grassland, scrub, woodland, swamp and small areas of open water developed on a former coal mine site, surrounding an electricity sub-station adjacent to the Oxford Canal. The site is located on the northern boundary of the city and is part of a chain of important wildlife sites along the Sowe Valley in the east of the city. Grassland species composition and sward structure varies across the site, in response to different soil types on which the vegetation has developed. The site has no formal public access but shows evidence of informal recreational use and has been under consideration as a potential environmental education site. The site was resurveyed in July 2008 and the large species-rich semi-improved grassland area in particular is an excellent habitat for many moths and butterflies as well as other invertebrate species. The great grassland is species diverse, with species including agrimony, hairy sedge, false fox sedge, common knapweed, common centaury, wild carrot, common bird’s-foot-trefoil, ribbed melilot, tufted vetch and hairy tare.

Ecosite 254/38 Weston Hayes Farm Ponds x 2

Nature conservation status ungraded. Two ponds with established rush and reed vegetation with shallow banks that are preferred by newts. Flora includes duckweed, pondweed, spiked rush, great willowherb, water mint, reed mace, yellow flag iris and hornwort. At one of the two pond areas alder and willow trees are present. Evidence of great crested newt egg laying has been recorded on water mint. Data collected in 2002.

Ecosite 513/38 Black Bank Pool, Bedworth

Rejected by the LWS panel, not of LWS quality. Pool with reed fringe and hedgerow on two sides. Marginal vegetation includes gypsywort Lycopus europaeus, great willowherb Epilobium hirsutum and water forget-me-not Myosotis scorpioides, whilst floating species include yellow waterlily Nuphar lutea and starwort Callitriche sp. Waterfowl, smooth newt Lissotriton vulgaris, common frog Rana temporaria and common toad Bufo bufo have been recorded in the pond. In 2002, a housing development was planned around the pond.

Ecosite 540/38 Coalpit Fields Canal Arm

The majority of this site has been designated as a Local Wildlife Site (LWS). The site includes a balancing lake which was constructed in the early 1990’s. The lake has some marginal vegetation, planted trees and a parkland type appearance. The site also includes a disused canal arm and towpath, adjoining scrub and tall herb vegetation. The aquatic vegetation consists of reed mace and brooklime, whilst the cutting sides have hawthorn and elder scrub. The flat area in the south-west is waste ground colonised by tall herbs species. By 1993, most was landfilled, except a small portion east of the railway.

Ecosite 541/38 Hawkesbury Mineral

Nature conservation status ungraded.

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Line and Sidings The HBA have recorded a large area in the north of this site as destroyed. A particularly important site of very high nature conservation value, containing nationally scarce invertebrates. The site includes the railway sidings at Blackhorse Lane as well as the works at Hawkesbury. It is a diverse site with semi-improved grassland and scattered scrub colonising the area but also with much bare ground. Most data relates to the railway sidings at Blackhorse Lane, which has planning permission for development. The eastern section of the railway sidings was resurveyed in June 2008. The track is overgrown on both sides with thick hawthorn Crataegus monogyna and elder Sambucus nigra scrub with occasional ash Fraxinus excelsior, dogwood Cornus sanguinea, sycamore Acer pseudoplatanus, apple Malus sp, oak Quercus sp and willow Salix sp. The ground flora is dominated by dense bramble Rubus fruticosus and nettle Urtica dioica with creeping thistle Cirsium arvense, cleavers Galium aparine, white bryony Bryonia dioica, mugwort Artemisia vugaris, cow parsley Anthriscus sylvestris, garlic mustard Alliaria petiolata and hogweed Heraclaum sphondylium.

Ecosite 542/38 Hawkesbury Farm Pool

Designated as a Local Wildlife Site (LWS). This is a pool which has been cleared of reed mace and aquatic vegetation to increase its use for fishing. Some emergent vegetation may remain as well as a small amount of scrub around the edges. The site is bordered by amenity grassland and broad-leaved plantation.

Ecosite 586/38 Miners Welfare Park, Bedworth

Nature conservation status ungraded. Formal and informal recreational park with variety of habitats including amenity grassland, mixed woodland, scrub and tall herb communities. At the far end of the park there is a balancing lake where suitable trees and shrubs are becoming established and patches of reed are extending. A range of common bird species have been noted around the lake. A 1987 butterfly survey recorded small tortoiseshell Aglais urticae, peacock Aglais io, meadow brown Maniola jurtina and large white Pieris brassicae.

Ecosite 587/38 Black Bank Walk

Designated as a Local Wildlife Site (LWS). Disused (and part filled in) canal arm towpath and adjoining scrub and tall herb. The canal is in a slight cutting, with the sides well drained. Aquatic vegetation is not rich, with reedmace Typha latifolia and brooklime Veronica beccabunga, whilst the towpath itself is devoid of vegetation. The cutting sides have hawthorn Crataegus monogyna and elder scrub Sambucus nigra. The flat area in the south west is wasteground, colonised by the tall herb species and cow parsley Anthriscus sylvestris.

Ecosite 589/38 Nature conservation status ungraded.

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Hawksbury Wasteland

Site adjacent to the Coventry Canal consisting of semi-improved neutral grassland, broadleaved plantation, scrub, small pools with swamp and bare ground. A wide hedge is present along the canal towpath consisting of hawthorn, willow and birch. Data collected between 1993-1997.

Ecosite 590/38 Grange Road Wasteland

Identified as a potential Local Wildlife site (pLWS). Small low lying area with willow carr, a pond, herbs, scrub and reeds. The site was re-surveyed in April 2008 and the majority was found to have been developed into a permanent mooring site, the remainder being mainly amenity grassland with ornamental planting adjacent to Coventry Canal. The mooring site had been further planted with garden and ornamental species and the pond is no longer present. There are some interesting wildlife patches with meadowsweet Filipendula ulmaria and cowslip Primula veris, likely to have been planted. The site is bordered to the north east by a narrow strip of trees including hawthorn Crataegus monogyna, elder Sambucus nigra, ash Fraxinus excelsior, cherry Prunus sp and willow Salix sp, forming a barrier to the adjacent housing.

Ecosite 601/38 Mineral Railway, Black Bank to Newdigate

The west part of this site is identified as a potential Local Wildlife Site (pLWS) The banks of the cutting show a good range of tree and shrub species including oak Quercus sp, aspen Populus tremula, ash Fraxinus excelsior, hazel Corylus avellana, sallow Salix sp, elder Sambucus nigra, field maple Acer campestre and guelder rose Viburnum opulus. Flora includes hedge woundwort Stachys sylvatica, black bryony Tamus communis, foxglove Digitalis purpurea, herb robert Geranium robertianum, red campion Silene dioica, violet Viola sp, angelica Angelica sylvestris, bluebell Hyacinthoides non-scripta, wood avens Geum urbanum, common hemp-nettle Galeopsis tetrahit and bush vetch Vicia sepium. The site is also a valuable habitat for birds and butterflies.

Ecosite 634/38 Coalpit Fields


Area of rank grassland with scattered hawthorn scrub on a previously mined site. Supports a range of butterflies, including meadow brown, large white and common blue.

The majority of this site is listed by the HBA as destroyed.

Ecosite 635/38 Hawkesbury Hall Farm Pit

Designated as a Local Wildlife Site (LWS).

Enlarged fishing pool with good marginal flora and bordered by the Coventry Canal. Previously a wet depression, the pool was excavated with a couple of islands. There are now some reeds and planted trees around the edges as well as a number of other small ponds in the vicinity.

7

Ecosite 636/38 Hawkesbury Hall Pond and Wood

Nature conservation status ungraded. Small pond with a dense reed bed providing cover to waterfowl and other birds. Woodland is partly natural and partly planted, containing oak, sweet chestnut and conifers. The site is known to support a range of butterflies.

Ecosite 642/38 Hawkesbury Junction

Nature conservation status ungraded. The site lies on clay mounds and marshes bordered by the canal. It supports various flora and fauna, with good cover for birds and part of the site is used for grazing.

Ecosite 653/38 Marsh, Bayton Road


In 1992 the site was reported to be an industrial estate. However, previous records suggest that the site was overgrown with hawthorn scrub and was affected by fly tipping. In the west the site was wetter with rushes and reeds with ponds forming during the winter.

Ecosite 658/38 Marsh at Blackhorse Road


This is a private site with no public access. Part of the site is very wet with rushes and a pond with reeds. There is also a lot of rough grassland on the site and some scattered scrub. There is a mature hedgerow along the western edge.

Ecosite 659/38 Shrubland off Blackhorse Road


A small site with some scrub and rough grassland.

Ecosite 660/38 Land rear of Blackhorse Road signal box


Very limited data from the 1980’s is held for this site. It is privately owned with rough grassland with some trees and shrubs, including ash Fraxinus excelsior, silver birch Betula pendula and poplar Populus sp.

2.2 RIGS There are no Regionally Important Geological and Geomorphological Sites (RIGS) within your area of search.

8

3. PROTECTED SPECIES INFORMATION Please note that the following are simply details of records held at the Warwickshire Biological Records Centre. Lack of records may well indicate that no survey work has yet been undertaken, and does not indicate that species are necessarily absent. Protected species may be using the site and surrounding area and appropriate survey work may be required to establish their presence and to inform mitigation measures to ensure that they are not impacted by any proposed works. Where: WBRC = Warwickshire Biological Records Centre WWT = Warwickshire Wildlife Trust EA = Environment Agency WART = Warwickshire Amphibian and Reptile Team WBG = Warwickshire Bat Group BC = Butterfly Conservation 3.1 Bats We hold one record of a bat within your area of search. Please see the enclosed map illustrating the location. The following list gives the Latin codes used for each species: Bba Barbastella barbastellus Barbastelle Es Eptesicus serotinus Serotine Md Myotis daubentonii Daubenton’s Bat Mm/b Myotis mystacinus/brandtii Whiskered/Brandt’s Bat Mm Myotis mystacinus Whiskered Bat Mn Myotis nattereri Natterer’s Bat Msp Myotis species Nl Nyctalus leisleri Leisler’s Bat Nno Nyctalus noctula Noctule Nsp Nyctalus species Pa Plecotus auritus Brown-Long Eared-Bat Plsp Plecotus species Pn Pipistrellus nathusii Nathusius' Pipistrelle Pp Pipistrellus pipistrellus Common Pipistrelle Pp/py Pipistrellus pipistrellus/pygmaeus Common/Soprano Pipistrelle Ppy Pipistrellus pygmaeus Soprano Pipistrelle Psp Pipistrellus species Indeterminate Pipistrelle Rh Rhinolophus hipposideros Lesser-Horseshoe Bat Indet Indeterminate Species Species Location Grid Ref Date Comment Source Myotis daubentonii

Coventry SP363846 July 1983 WBRC

9

3.2 Amphibians & Reptiles We hold numerous records of amphibians and reptiles within your area of search. Please see the enclosed map illustrating the locations. The following list gives the Latin codes used for each species: Tc Triturus cristatus Great Crested Newt Tv Triturus vulgaris (AKA Lissotriton vulgaris) Smooth Newt Th Triturus helveticus (AKA Lissotriton helveticus) Palmate Newt Rt Rana temporaria Common Frog Bb Bufo bufo Common Toad Nn Natrix natrix Grass Snake Lv Lacerta vivipara Common Lizard Af Anguis fragilis Slow worm Vb Vipera berus Adder Species Location Grid Ref Date Comment Source Common Toad Hawkesbury

Hall Farm SP365858 08\05\2002 Tadpole WART

Common Frog Hawkesbury Lock

SP365846 19\09\1996 Adult WBRC

Common Lizard Miners Welfare Park

SP360862 20\08\2005 Juvenile WART

Common Lizard Bayton Road Pool

SP363861 01\06\1997 Unknown WBRC

Common Toad Miners Welfare Park

SP362862 29\04\2002 Immature WART

Common Toad Hawkesbury Golf Club

SP363856 17\05\2002 Tadpole WART

Common Toad Hawkesbury Hall Farm


Common Toad Hawkesbury Hall Farm

SP367850 09\05\2002 5 immatures

WART

Great Crested Newt

Hawkesbury Hall Farm

SP36718500 09\05\2002 Egg WBRC

Great Crested Newt

Weston Hays Farm

SP37188562 16\05\2002 Egg WBRC

Great Crested Newt

Weston Hays Farm

SP37188562 16\05\2002 Egg WBRC

Smooth Newt Hawkesbury Hall Farm

SP364850 09\05\2002 Adult male WWT

Smooth Newt Hawkesbury Lock

SP365846 19\09\1996 Adult WBRC

Smooth Newt Weston Hays Farm

SP37188562 16\05\2002 2 immatures

WWT

Smooth Newt Miners Welfare Park

SP362862 01\08\1999 24 juveniles

WBRC

Smooth Newt Hawkesbury Golf Club

SP36328563 17\05\2002 Egg WWT

Common Toad Weston Hays Farm


10

Smooth Newt Coventry Power Station

SP363844 1982 Unknown WBRC

Common Frog Coventry Power Station


Common Toad Coventry Power Station


Common Toad Black Bank SP357862 1987 Unknown WWT 3.3 Otters We hold no records of otter within your area of search. For information all major watercourses in Warwickshire should be considered as otter positive irrespectively of whether there are any records within your area of search. 3.4 Badgers (PLEASE KEEP BADGER INFORMATION CONFIDENTIAL) Due to an agreement with the local Badger Group we can only provide badger records within a 1km site radius. We hold no records of badger setts within your area of search. However, please be aware that there may be badger setts which have so far gone unrecorded. 3.5 Water Voles We hold a few records of water voles within your area of search. Please see the enclosed map illustrating the locations. Watercourse Grid Ref Date Comment Source Coventry Canal SP36478500 11/05/1999 1 seen WBRC Coventry Canal SP36448587 07/07/2003 Feeding

remains WBRC

Coventry Canal SP36438578 07/08/2001 1 seen WBRC 3.6 Other protected species We hold no records of barn owl, dormouse or white-clawed crayfish within your area of search.

11

4. OTHER NOTABLE SPECIES INFORMATION We are currently working to increase the number of datasets for additional Biodiversity Action Plan (BAP), Red Listed species and other notable species. Datasets currently available include brown hare, hedgehog, UK/Local BAP & Red Listed butterfly species, veteran trees, native black poplars and rare plants for the county. 4.1 Brown Hare We hold no records of brown hares within your area of search. 4.2 Hedgehog We hold no records of hedgehogs within your area of search. 4.3 UK/Local BAP & Red Listed Butterfly Species We hold a number of records of UK/Local BAP and Red Listed butterflies within your area of search. Please see the enclosed map illustrating the locations. The following list gives the Latin codes used for each species: Aa Argynnis adippe High Brown Fritillary Air Apatura iris Purple Emperor Be Boloria euphrosyne Pearl-bordered Fritillary Bs Boloria selene Small Pearl-bordered Fritillary Cm Cupido minimus Small Blue Cp Coenonympha pamphilus Small Heath Ea Euphydryas aurinia Marsh Fritillary Et Erynnis tages Dingy Skipper Lc Limenitis camilla White Admiral Lm Lasiommata megera Wall Ls Leptidea sinapsis Wood White Mc Melitaea cinxia Glanville Fritillary Pm Pyrgus malvae Grizzled Skipper Swa Satyrium w-album White-letter Hairstreak Tb Thecla betulae Brown Hairstreak Please note that all species listed above are both UK BAP and Red Listed species, apart from Purple Emperor which is only a Red Listed species. This list does not constitute the full list of UKBAP and Red Listed butterfly species, but includes only the UKBAP and Red Listed species for which we have records in Warwickshire, Coventry and Solihull. Please also note that from these species only Dingy Skipper, Small Blue and Wood White are currently listed on the Local BAP. Species Location Grid Ref Date Abundance Source Wall Hawksbury SP364846 1993 1 individual BC

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Junction Wall Hawksbury

Junction SP364846 1994 1 individual BC

Wall Coalpit Fields SP3686 1994 2-9 individuals BC 4.4 Rare Plants We hold one record of a rare plant within your area of search. Please see the enclosed map illustrating the location. These are records of plant species considered rare for Warwickshire, Coventry and Solihull, with some species carrying additional rarity status at the National level. Where: CR = Nationally Critically Endangered (CR) = Nationally Critically Endangered - not native to Warwickshire NR = Nationally Rare (NR) = Nationally Rare - not native to Warwickshire NS = Nationally Scarce (NS) = Nationally Scarce - not native to Warwickshire NT = Nationally Threatened (NT) = Nationally Threatened - not native to Warwickshire NE = Nationally Endangered (NE) = Nationally Endangered – not native to Warwickshire NC = Nationally Critically Endangered (NC) = Nationally Critically Endangered – not native to Warwickshire NV = Nationally Vulnerable (NV) = Nationally Vulnerable - not native to Warwickshire NNT = Nationally Near Threatened (NNT)= Nationally Near Threatened - not native to Warwickshire WR = Rare or very rare in Warwickshire, Coventry & Solihull Species Location Grid Ref Date Rarity Source Carex pallescens

Nr Bedworth

SP362861 01/06/1992 WR WBRC

4.5 Veteran Trees We hold no records of veteran trees within your area of search. 4.6 Black Poplars (Populus nigra subsp. betulifolia) We hold no records of black poplar within your area of search.

13

Please let me know if you need further details for any of the sites. An invoice for £100+VAT, as agreed, will follow this letter. Yours sincerely Christopher Hill Ecological Assistant


Middlemarch Environmental Ltd. Page 30

APPENDIX 2 Middlemarch Environmental Ltd Drawing C110987-01

Extended Phase 1 Habitat Survey

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C110987-01

Client Project

Drawing

Revision

Drawing Number

Date

Approved By

Drawn ByScale at A3

Notes

January 2012

JS

00

Hawkesbury Golf Course,Bedworth

C110987-01

Tetlow King Planning

-

Extended Phase 1 Habitat Survey

LR

This drawing is based on drawing "P2022_2D.dwg" supplied by the client.

LegendSite boundary

E Scattered scrub

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Ditch

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Poor semi-improved grassland

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!H Target note:

Triumph House, Birmingham Road, Allesley, Coventry CV5 9AZT:01676 525880 F:01676 521400

E:[email protected]$

1:3,5001 - Japanese Knotweed2 - Badger print3 - Potential Japanese Knotweed

SI



APPENDIX 3 Overview of Relevant Legislation



GENERAL LEGISLATION AND POLICY OVERVIEW This section 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. CONSERVATION OF HABITATS AND SPECIES REGULATIONS 2010 (HABITATS REGULATIONS 2010) 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 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 Conservation (Natural Habitats. &c.) Regulations 1994 (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. All relevant species specific legislation is detailed later in this Appendix. 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 supersede Section 74 of the CRoW Act 2000. These species and habitats are a material consideration in the planning process. 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 BIODIVERSITY ACTION PLAN The United Kingdom Biodiversity Action Plan (UKBAP), first published in 1994 and updated in 2007, is a government initiative designed to implement the requirements of the Convention of Biological Diversity to conserve and enhance species and habitats. The UKBAP contains a list of priority habitats and species of conservation concern in the UK, and outlines biodiversity initiatives designed to enhance their conservation status. Lists and Broad and Local habitats are also included. The priority habitats and species correlate with those listed on Section 41 and 42 of the NERC Act. The UKBAP requires that conservation of biodiversity is addressed at a County level through the production of Local BAPs. These are complementary to the UKBAP, however are targeted towards species of conservation concern characteristic of each area. In addition, a number of local authorities and large organisations have produced their own BAPs. UKBAP and Local BAP targets with regard to species and habitats are a material consideration in the planning process. PLANNING POLICY Planning Policy Statement 9 Planning Policy Statement 9 provides guidance to local authorities regarding the protection of biodiversity and geology through the planning system in England. Key principles relating to biodiversity include:

• Development plan policies and planning decisions should be based upon up-to-date information about the environmental characteristics of their areas. These characteristics should include the relevant biodiversity and geological resources of the area. In reviewing environmental characteristics local authorities should assess the potential to sustain and enhance those resources.

• Plan policies and planning decisions should aim to maintain, and enhance, restore or add to

biodiversity and geological conservation interests. In taking decisions, local planning authorities should ensure that appropriate weight is attached to designated sites of international, national and local importance; protected species; and to biodiversity and geological interests within the wider environment.

• Plan policies should promote opportunities for the incorporation of beneficial biodiversity and

geological features within the design of development. National planning policy is implemented through local and regional planning policies.



SPECIES SPECIFIC LEGISLATION

This section contains a summary of legislation with relation to the species present or potentially present in the survey area. The reader should refer to the original legislation for definitive interpretation. Badgers Badgers and their setts are protected under the Protection of Badgers Act 1992. The Protection of Badgers Act 1992 is based primarily on the need to protect badgers from baiting and deliberate harm or injury, badgers are not protected for conservation reasons. The following are criminal offences:

• To intentionally or recklessly interfere with a sett. Sett interference includes disturbing badgers whilst they are occupying a sett, as well as damaging or destroying a sett or obstructing access to it.

• To wilfully kill, injure, take, possess or cruelly ill-treat a badger, or to attempt to do so.

A badger sett is defined in the legislation as:

• ‘Any structure or place that displays signs indicating current use by a badger’. ‘Current use’ is not synonymous with current occupation and a sett is defined as such (and thus protected) as long as signs of current usage are present. Therefore, a sett is protected until such a time as the field signs deteriorate to such an extent that they no longer indicate ‘current usage’. Badger setts can be disturbed inadvertently by a multitude of operations including excavation and coring, even if there is no direct interference or damage to the sett. Any intentional or reckless work that disturbs badgers is illegal without a licence from Natural England (NE). The reader should refer to the original legislation for the definitive interpretation. 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 (Habitats Regulations 2010). 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, 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 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 (rather than deliberately) 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 reader should refer to the original legislation for the definitive interpretation. Great Crested Newt Great crested newts (GCN) and the places they use for shelter or protection receive European protection under The Conservation of Habitats and Species Regulations 2010 (Habitats Regulations 2010). They receive further legal protection under the Wildlife and Countryside Act (WCA) 1981, as amended. This protection means that GCN, 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, states that a person commits an offence if they:

• deliberately capture, injure or kill a GCN; • deliberately disturb GCNs; • deliberately take or destroy eggs of a GCN; or • damage or destroy a GCN breeding site or resting place.


It is an offence under the Habitats Regulations 2010 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 GCN, part of a GCN or anything derived from GCN, which has been unlawfully taken from the wild. This legislation applies to all life stages of GCN. Whilst broadly similar to the above legislation, the WCA 1981 (as amended) differs in the following ways:




*Reckless offences were added by the Countryside and Rights of Way (CRoW) Act 2000. The reader should refer to the original legislation for the definitive interpretation. Amphibians Common frog and smooth newt Common frogs and smooth newts 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. This protects these species from ‘exploitation (indiscriminate mass killing, trading and any means capable of causing local disappearance or serious disturbance)’ and requires the species and their habitats be managed to keep them out of danger (Betts 2002). Common toad is afforded the same protection as common frog and smooth newt but is also listed as a priority species on the UK Biodiversity Action Plan (BAP) and Section 41 of the Natural Environment and Rural Communities (NERC) Act 2006.



Nesting Birds Nesting and nest building birds are protected under the Wildlife and Countryside Act WCA 1981 (as amended). 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:

• 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. ‘Reckless’ offences with regard to the disturbance of nesting wild birds included in Schedule 1 of the Wildlife and Countryside Act were added by the Countryside and Rights of Way Act 2000. 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. These lists include a number of bird species. Otter The otter benefits from world-wide protection under Appendix I of the Convention on International Trade in Endangered Species of Wild Flora and Fauna. It also receives European protection under Appendix II of the Bern Convention and Annexes II and IV of the EU Habitats Directive 94/43/EEC, which is transposed into UK Law by means of The Conservation of Habitats and Species Regulations 2010 (Habitats Regulations 2010). Regulation 41 of the Habitats Regulations 2010, states that a person commits an offence if they:

• deliberately capture, injure or kill an otter; • deliberately disturb otters; or • damage or destroy a breeding site or resting place.


It is an offence under the Habitats Regulations 2010 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 otter, part of an otter or anything derived from an otter 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:




*Reckless offences were added by the Countryside and Rights of Way (CRoW) Act 2000. 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. Common lizard (Lacerta 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.



Sand lizard and smooth snake are protected under the Wildlife and Countryside Act 1981 (as amended) and The Conservation of Habitats and Species Regulations 2010 which together make it illegal to kill, injure, capture, handle or disturb these animals. Places they use for breeding, resting, shelter and protection are protected from being damaged or destroyed. It is also illegal to obstruct these animals from using such areas. 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. Water Vole The Wildlife and Countryside Act 1981 (as amended) was updated on April 6th 2008 and the protection which water voles receive was increased to make it an offence to:

• Intentionally kill, injure or take water vole from the wild; • Possess or control live or dead water voles or derivatives; • Intentionally or recklessly damage, destroy or obstruct access to any structure or place which water

voles use for shelter or protection; • Intentionally or recklessly disturb water voles whilst occupying a structure or place used for that

purpose; or • Sell water voles or offer or offer or expose for sale or transport for sale.

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. These lists include water vole. Japanese Knotweed The Wildlife and Countryside Act 1981 provides the primary controls on the release of non-native species into the wild in Great Britain. It is an offence under section 14(2) of the Act to ‘plant or otherwise cause to grow in the wild’ any plant listed in Schedule 9, Part II. This includes Japanese knotweed.



MIDDLEMARCH ENVIRONMENTAL LTD

QUALITY ASSURANCE

TITLE: PROPOSED HAWKESBURY GOLF COURSE AND MARINA,

BEDWORTH, WARWICKSHIRE


A Report to Tetlow King Planning

Contract Number: C110987

Report Number: RT-MME-110987

Revision Number: 00

Description: Final

Date: January 2012

Checked by:

Anna Dudley Senior Ecological Consultant

Approved by:

David Smith Ecology and Landscapes Director

proposed hawkesbury golf course and marina, bedworth

Documents