NORTH-WEST RELIEF ROAD PRELIMINARY ECOLOGICAL APPRAISAL

NOVEMBER 2017

PRELIMINARY ECOLOGICAL APPRAISAL Northamptonshire County Council

Project no: 70032086 Date: November 2017

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QUALITY MANAGEMENT

ISSUE/REVISION FIRST ISSUE REVISION 1 REVISION 2 REVISION 3

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Date December 2017

Victoria Philpott / Cian Ó Prepared by Ceallaigh

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Project number 70032086

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TABLE OF CONTENTS

1 EXECUTIVE SUMMARY ...... 1

2 INTRODUCTION ...... 2

3 METHODS ...... 4

4 RESULTS ...... 7

5 DISCUSSION AND RECOMMENDATIONS ...... 17

6 CONCLUSIONS ...... 28

7 REFERENCES...... 29

8 FIGURES ...... 32

TABLE S

TABLE 1 - STATUTORY DESIGNATED SITES OF EUROPEAN OR INTERNATIONAL IMPORTANCE WITHIN 10 KM OF THE SITE ...... 7 TABLE 2 - STATUTORY DESIGNATED SITES OF NATIONAL OR LOCAL IMPORTANCE WITHIN 2 KM OF THE SITE...... 7 TABLE 3 - NON-STATUTORY DESIGNATED SITES ...... 8 TABLE 4 - PHASE 1 HABITAT AREAS ...... 9 TABLE 5 - KEY ECOLOGICAL CONSTRAINTS AND FURTHER SURVEY REQUIREMENTS ...... 22

FIGURES

FIGURE 1- SITE LOCATION PLAN...... 32 FIGURE 2- PHASE 1 HABITAT MAP ...... 35

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APPENDICES

A P P E N D I X A RELEVANT LEGISLATION AND PLANNING POLICY A P P E N D I X B SUMMARY OF ECOLOGICAL DESK STUDY DATA APPEN D I X C PLANT SPECIES RECORDED A P P E N D I X D TARGET NOTES A P P E N D I X E PHOTOGRAPHS

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1 EXECUTIVE SUMMARY 1.1.1 WSP was instructed by Northamptonshire County Council (NCC) to undertake a Preliminary Ecological Appraisal (PEA) of the ‘Option 1’ route of the Northampton North West Relief Road (Northampton NWRR). This is the proposed creation of a single carriageway between the A428 Harlestone Road (National Ordnance grid reference SP 71323 63469) and the A5199 Northampton Road (National Ordnance grid reference SP 73381 65336), hereafter referred to as ‘the Site’. A 50 m buffer zone around the Site was surveyed where possible (the Site and buffer combined are hereafter referred to as ‘the Survey Area’).

1.1.2 The Northampton NWRR will form part of the ring around the northern sector of Northampton. The Northampton NWRR will ultimately connect the A4500 Weedon Road and M1 Junction 16 to the west with the A43 Kettering Road and Kettering to the north). The Northampton NWRR will hereafter be referred to as the ‘Proposed Development’. This PEA aims to inform the promotion of the Proposed Development.

1.1.3 A field survey was undertaken during July 2017 to identify habitats present and assess the Site’s potential to support protected and/or notable habitats and species. A desk study was also undertaken in support of the appraisal to look for nearby statutory designated sites that may be relevant to the proposals.

1.1.4 Within 1 km of the Site numerous records were returned for amphibians, invertebrates, mammals, plants and birds. These included more notable species such as otter Lutra lutra, badger Meles meles, grass snake Natrix natrix, at least eight species of bat, and birds such as kingfisher Alcedo atthis, red kite Milvus milvus and woodcock Scolopax rusticola. Within the Survey Area a number of priority habitats exist including areas of deciduous woodland, primarily in the southern section of the Survey Area; a narrow strip of lowland fen, which runs through the centre of the Survey Area; and an area of coastal and floodplain grazing marsh, which is in the centre of the Survey Area.

1.1.5 Hedgerows within the Survey Area have the potential to be of importance with regards to the Hedgerows Regulations (1977). In addition, habitats present within the Survey Area have the potential to support protected species. These include bats, badger, otter, water vole, birds (including Schedule 1 species), reptiles and amphibians. As a result, further survey is required to assess the likely impact of the Proposed Works on these species groups and to assess the protection status of the hedgerows. The results of these surveys will be used to provide any specific recommendations for impact avoidance, mitigation and enhancement required for the Proposed Works to proceed in line with the relevant legislation and policy.

1.1.6 Under the protection provided by The Habitats Regulations the Proposed Development must be screened by the Local Planning Authority to determine whether significant impacts are likely to affect the Upper Nene Valley Gravel Pits SSSI. If the local authority is unable to conclude that significant effects are not likely, the Proposed Development must be subject to additional assessment in accordance with the Habitats Regulations.

1.1.7 The baseline conditions described in this report are accurate at the time at which the survey was undertaken. Should considerable time pass (e.g. 2+ years) and/or conditions/land-use on the Site change prior to the commencement of works, it is recommended that an update survey is undertaken.

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2 INTRODUCTION 2.1 BACKGROUND PROJECT BACKGROUND

2.1.1 WSP was instructed by Northamptonshire County Council (NCC) to undertake a Preliminary Ecological Appraisal (PEA) of the ‘Option 1’ route of the Northampton North West Relief Road (NWRR).

2.1.2 This includes the creation of a single carriageway between the A428 Harlestone Road (National Ordnance grid reference SP 71323 63469) and the A5199 Northampton Road (National Ordnance grid reference SP 73381 65336), and will include the creation of a bridge over the Rugby to Milton Keynes railway and three roundabouts south of the railway, hereafter referred to as ‘the Site’. A 50 m buffer zone around the Site was surveyed, where possible (the Site and buffer combined are hereafter referred to as ‘the Survey Area’).

2.1.3 Surrounding land uses include arable land, horse pasture, woodland, the newly constructed Harlestone Manor residential area and the Brampton Heath Golf Centre. The Site lies on the outskirts of Northampton (to the north-west of the town) and is approximately 4 km in length, passing through flood plain near the River Nene tributary for part of its length and also crossing the Northampton Loop railway line.

2.1.4 The Northampton NWRR will form part of the ring around the northern sector of Northampton. The Proposed Development will ultimately connect the A4500 Weedon Road and M1 Junction 16 to the west with the A43 Kettering Road and Kettering to the north. This PEA aims to inform the promotion of the Proposed Development.

2.2 SCOPE OF REPORT

2.2.1 NCC commissioned WSP to complete a PEA of the Survey Area in May 2017. The brief was:

 to provide baseline ecological information about the Survey Area, with particular reference to whether legally protected and/or notable sites, species or habitats are present or likely to be present;  to provide recommendations to enable compliance with relevant nature conservation legislation and planning policy; and  if necessary, to identify the need for avoidance, mitigation, compensation or enhancement measures and/or further ecological surveys. 2.3 RELEVANT LEGISLATION AND POLICY

2.3.1 The appraisal has been compiled with reference to the following relevant nature conservation legislation, planning policy and the UK Biodiversity Framework from which the protection of sites, habitats and species is derived in England. The context and applicability of each item is explained as appropriate in the relevant sections of the report and additional details are presented in Appendix A.

 The Conservation of Habitats and Species Regulations 2010 as amended (Habitats Regulations);  The Wildlife and Countryside Act 1981 (as amended) (WCA);

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 Countryside Rights of Way Act 2000;  The Natural Environment and Rural Communities (NERC) Act 2006;  The Protection of Badgers Act 1992;  The Hedgerows Regulations 1997;  The Wild Mammals (Protection) Act 1996;  The UK Post-2010 Biodiversity Framework (2011-2020) (JNCC and DEFRA, 2012);  Biodiversity 2020: A strategy for England’s wildlife and ecosystem services (DEFRA, 2011);  UK Biodiversity Action Plan (UKBAP)1;  The National Planning Policy Framework (NPPF) 2012 (DCLG, 2012);  Technical Advice Note 5; Nature Conservation and Planning 2009;  Northamptonshire Biodiversity Action Plan (2008).

1 The UK BAP has now been replaced by the UK Post-2010 Biodiversity Framework, however, it contains useful information on how to characterise important species assemblages and habitats which is still relevant.

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3 METHODS 3.1 OVERVIEW

3.1.1 This appraisal has been prepared with reference to current good practice guidance published by the Chartered Institute for Ecology and Environmental Management (CIEEM, 2013 and 2015), and Joint Nature Conservation Committee (JNCC, 2010); and guidance contained in the British Standard - Code of Practice for Biodiversity and Development BS42020:2013 (British Standards Institute (2013).

3.1.2 This PEA is based on the following data sources:

 an ecological desk study;  a habitat survey; and  a protected/notable species assessment. 3.2 DESK STUDY

3.2.1 The desk study was undertaken in August 2017 to review existing ecological baseline information available in the public domain and to obtain information held by relevant third parties. For the purpose of the desk study exercise, records were collated within various radii around the Site. This approach is consistent with current good practice guidance published by the CIEEM, 2013 and 2015. To provide the baseline data for the ecological desk study, the following information was requested from Northamptonshire Biodiversity Records Centre (NBRC):

 Records of legally protected and notable species within 1 km of the Site;  Bat records within a 5 km radius of the Site; and  Records of non-statutory sites designated for nature conservation value within 1 km of the Site.

3.2.2 Freely downloadable datasets were consulted for information regarding the presence of statutory designated habitats2 within 2 km of the Site. This search was extended to 10 km for Natura 2000 sites (Special Areas of Conservation (SAC) and Special Protection Areas (SPA)) of European importance and internationally designated Ramsar sites.

3.2.3 Freely downloadable datasets were consulted for information regarding Habitats of Principal Importance (HPI)3 within 1 km and woodland listed on the Ancient Woodland Inventory4. In addition, open source 1:25,000 Ordnance Survey mapping was used to identify any mapped water bodies and watercourses within 500 m of the Site.

2 Sites of Special Scientific Interest (SSSI), National Nature Reserves (NNR) and Local Nature Reserves (LNR). 3 Mapped locations of HPI are usually not available, but HPI aligns in the most part with UKBAP habitats. Inventories of UKBAP habitat have been prepared by a variety of organisations and at a national (Natural England priority habitat inventory) and local scale (e.g. by local records centres). In some instances these are primarily based on aerial photograph analysis rather than field survey. 4 The ancient woodland inventory in England lists areas over two hectares in size which have been continuously wooded since at least 1600.

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3.2.4 The findings of the desk study have been incorporated within Section 3 and Appendix B of this report.

3.2.5 The ecological desk study was carried out by a Consultant Ecologist and Seasonal Ecologist who have both completed numerous ecological desk studies.

3.3 HABITAT SURVEY

3.3.1 A Phase 1 Habitat Survey of the Survey Area was undertaken during July 2017, in clear (0 oktas), hot (30C) weather with little to no wind (Beaufort 0-1). The survey covered the entire Survey Area, where accessible. Consideration was given to surrounding habitats using aerial photograph imagery. The Phase 1 habitat survey was undertaken by a Consultant Ecologist with experience of completing PEAs of a variety of sites and a Seasonal Ecologist experienced in botanical identification.

3.3.2 Habitats were described and mapped following the standard Phase 1 habitat survey methodology (JNCC, 2010). Phase 1 habitat survey is a standard technique for classifying and mapping British habitats. The dominant plant species are recorded and habitats are classified according to their vegetation types. Where appropriate consideration was given to whether habitats qualify, or could qualify, as a Habitat of Principal Importance following habitat descriptions published by the Joint Nature Conservation Committee (JNCC, 2008).

3.3.3 A list of plant species was compiled (Appendix C), with relative plant species abundance estimated using the DAFOR scale5. The scientific names for plant species follow those in the New Flora of the British Isles (Stace, 2010) and are also listed in Appendix C.

3.3.4 Habitats were marked on a paper base map and were subsequently digitised using a Geographical Information System (GIS). The smallest area to be mapped was 0.25 ha, which was selected as a suitable scale to sample the range of different vegetation types present.

3.3.5 Target notes were made to provide information on specific features of ecological interest (e.g. a badger Meles meles sett) or habitat features too small to be mapped. These are included in Appendix D.

3.3.6 Any invasive plant species listed on Schedule 9 of the WCA 1981 (as amended) which were evident during the Phase 1 habitat survey were also target noted. Detailed mapping of such species; or a full survey of the Survey Area for all invasive plant species is beyond the scope of this commission.

3.4 PROTECTED SPECIES ASSESSMENT

3.4.1 The potential for the Survey Area to support legally protected and notable species was assessed using the desk study results and combined with field observations during the habitat survey. The assessment of habitat suitability for protected and notable species was based on professional experience and judgement. This was supplemented by standard sources of guidance on habitat suitability assessment for key faunal groups including: birds (Gilbert et al, 1998 and Bibby et al, 2000), great crested newt (Gent and Gibson, 2003 and English Nature, 2001); reptiles (Froglife, 1999 and Gent and Gibson, 2003); bats (Collins, 2016 and Mitchell-Jones, 2004); badger (Harris et al, 1991 and Roper, 2010); otter (Chanin, 2003) and water vole (Dean et al, 2016) and

5 The DAFOR scale has been used to estimate the frequency and cover of the different plant species as follows: Dominant (D) - >75% cover, Abundant (A) – 51-75% cover, Frequent (F) – 26-50% cover, Occasional (O) – 11-25% cover, Rare (R) – 1-10% cover., The term ‘Locally’ (L) is also used where the frequency and distribution of a species are patchy and ‘Edge’ (E) is also used where a species only occurs on the edge of a habitat type.

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3.5 PRELIMINARY EVALUATION

3.5.1 A preliminary evaluation of all ecological features within the Survey Area where possible was undertaken with reference to guidance issued by the Chartered Institute of Ecology and Environmental Management (CIEEM, 2016). In evaluating the relative importance of ecological features, the following factors were considered; nature conservation designations, species/habitat rarity, naturalness, fragility, connectivity to other habitats and relevant nature conservation aims and objectives for a given area as contained in national and local biodiversity action plans and planning policies.

3.6 NOTES AND LIMITATIONS

3.6.1 Every effort has been made to provide a comprehensive description of the Survey Area; however, the following specific limitations apply to this assessment:

 Ecological survey data is typically valid for two years unless otherwise specified, for example if conditions are likely to change more quickly due to ecological processes or anticipated changes in management’.  Records held by local biological record centres and local recording groups are generally collected on a voluntary basis; therefore, the absence of records does not demonstrate the absence of species, it may simply indicate a gap in recording coverage.  Botanical surveys are seasonally limited, and throughout the spring and summer period certain species will be more or less evident at different times (i.e. depending on the flowering season). However, it is considered that sufficient information was gathered to enable an assessment of the habitat types present, in line with standard Phase 1 habitat categories and the potential for these to support protected or notable species.  The area surrounding the railway could not be assessed as access permission was not available. Aerial imagery was used to indicate, which habitats may be present in these areas. It is therefore considered that the Phase 1 habitat types were accurately identified, although signs of protected species (such as badgers) within this area could not be confirmed during the survey visit.  The extended Phase 1 Habitat map (Figure 2) has been reproduced from field notes and plans. Whilst this provides a sufficient level of detail to fulfil the requirements of a PEA, the maps are not intended to provide exact locations of key habitats.  A number of ornamental plant species were present within the Survey Area. These have been identified to species level where possible. However, owing to the large number of horticultural varieties some plants could not be identified. Ornamental plants may be of value to wildlife; however, none are characterised as rare or notable from a native biodiversity conservation perspective. Thus this limitation does not affect the overall conclusions of this appraisal.

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4 RESULTS 4.1 DESIGNATED SITES STATUTORY SITES

4.1.1 The desk study identified a single nature conservation sites of European or International importance within 10 km of the Site and one statutory nature conservation site of national or local importance within 2 km of the Site. Descriptions of the sites are detailed in Tables 1, 2 and 3 below.

Table 1 - Statutory designated sites of European or International importance within 10 km of the Site

Site Name Designation6 Approximate Distance Description and orientation from Site Upper Nene Ramsar, and 6.2 km south-east The site is designated for its Valley SPA assemblage of bird species, which Gravel Pits include twelve species, such as northern lapwing Vanellus vanellus and gadwall Anas strepera. The range of habitats and the varied topography of the lagoons regularly provide valuable resting and feeding conditions for more than 20,000 wintering waterbirds, especially ducks and waders.

Table 2 - Statutory designated sites of national or local importance within 2 km of the Site

Site Name Designation Approximate Distance Description and orientation from Site Kingsthorpe LNR 1.3 km south-east The site is an important part of the green corridor network. Species recorded from the site include kingfisher Alcedo atthis, cuckoo Cuculus canorus, Fox Vulpes vulpes and a number of different dragonfly, damselfly and butterfly species. Habitats present at the site include scrub and hedges.

NON-STATUTORY SITES

4.1.2 The desk study identified 24 non-statutory nature conservation sites within 1 km of the Sites boundary. A description of these sites is detailed in Table 4 below.

6 SSSI – Site of Special Scientific Interest, SPA- Special Protection Area

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Table 3 - Non-statutory designated sites

Site Name Designation Size Distance from Description (ha) Site Bouhton – Kings pLWS7 Not 300 m west A disused railway with some Heath Railway given hedgerow. Largely in poor condition Boughton Cold Store LWS8, 2.85 300 m NW An open area with some – Pitsford Station country park scattered shrubs and trees. Some areas with both calcareous and acidic grassland indicators Dallington Brook LWS 1.03 Within Site A small area of species rich Grassland grassland Dallington Heath LWS 10 400 m SW An area of open sandy ground with some varied vegetation Dustons Quarry (dis) LGS9 Not 970 m south A geological site, with no Duston Wildes given ecological features noted Harlestone Firs LWS 118.5 Within Site An area of mixed woodland on former heathland. Small area of heathland remains Harlestone Heath LWS, Wildlife 4.38 650 m north A mixture of habitats in a Wildlife Nature Reserve trust reserve trust site Harlestone Old LGS 950 m west A geological site, with no Quarry ecological features noted Heath Spinney and LWS 3.1 100 m south A narrow strip of woodland with Brook numerous ancient woodland indicator species Kings Heath Pasture pLWS Not 800 m west An abandoned pasture field given which is unlikely to qualify as a LWS Kingsthorpe Ditch LWS 0.24 300 m west A site with a good wetland flora Kingsthorpe North LWS 6.06 100 m west A mixture of wet of grassland Meadows and wetland habitats Kingsthorpe LWS 4.01 800 m SW An area of swamp vegetation to Tussocks the west of the river Nene Northamptonshire LWS 71.7 100 m north A golf course with areas of acid County Golf Course grassland, gorse and heather Slatepit Plantation LGS, pLWS Not 150 m SW A geological site, , with no given ecological features noted Sandy Lane Verge pLWS Not 10 m west Not given category 1 given Dallington Heath pLWS Not 20 m west Not given West category 1 given

7 pLWS - potential Local Wildlife Site 8 LWS - Local Wildlife Site 9 LGS - Local Geological Site- This designation is included within this table for transparency, however, given its designation, any LGS within 2 km will not be considered further within this report

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Grange Farm Fields pLWS Not Within Site Not given category 1 given 420 pLWS Not 600 m north Not given category 1 given 438 pLWS Within Site Not given category 1 436 pLWS Not At closest point Not given category 1 given 10 m north (900 421 Not m NW, 20 m 437 give west, 50 m west) 254

OTHER HABITATS OF CONSERVATION IMPORTANCE

4.1.3 Within 1 km a number of priority habitats exist. These include:

 Numerous areas of deciduous woodland primarily to the west and south of the Site;  Four areas of lowland fen, one of which runs through the Site and the rest lie to the east;  Two large areas of lowland heath to the west of the Site;  Two areas of coastal and floodplain grazing marsh, part of the larger one lying in the Site; and  Four large areas of lowland dry acid grassland. 4.2 HABITAT SURVEY OVERVIEW

4.2.1 The management, in addition to the habitat types present, vary considerably across the Survey Area. These range from arable land planted with wheat and heavily grazed horse pasture, to rough, tussocky grassland and scrub that appeared to be subject to minimal management. A stream runs to the east of the Survey Area and Dallington Brook passes through the woodland at the south- western end of the Survey Area. The Site is intersected by four ditches, in addition to a railway.

4.2.2 The following account summarises the findings of the Phase 1 habitat survey. Eighteen Phase 1 habitat types were identified in the Survey Area. They are mapped on Figure 2 and are listed in Table 4 along with areas in hectares (or length for linear features). A description of the dominant and notable species, the composition and management of each habitat is provided below and an indicative species list is provided in Appendix C. Target notes are provided in Appendix D and photographs in Appendix E. Alpha-numeric codes used in this section cross-refer to the JNCC Phase 1 habitat survey classification (JNCC, 2010). The order of the habitat descriptions below reflects their ordering in the Phase 1 habitat survey manual and does not reflect habitat importance.

Table 4 - Phase 1 habitat Areas

Phase 1 Habitat Area (ha) % of Site Area

BROAD-LEAVED SEMI-NATURAL WOODLAND 8.56 22.2

BROAD-LEAVED PLANTATION WOODLAND 1.27 3.3

SCATTERED SCRUB N/A N/A

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Phase 1 Habitat Area (ha) % of Site Area

SCATTERED TREES N/A N/A

NEUTRAL SEMI-IMPROVED GRASSLAND 5.42 14.1

IMPROVED GRASSLAND 1.08 2.8

TALL RUDERAL 3.64 9.5

STANDING WATER 0.05 0.1

RUNNING WATER AND MARGINAL N/A N/A VEGETATION ARABLE 17.19 44.7

AMENITY GRASSLAND 0.27 0.7

SPECIES RICH INTACT HEDGE, SPECIES N/A N/A POOR INTACT HEDGE, AND SPECIES RICH DEFUNCT HEDGE BUILDINGS 0.01 0.02

HARDSTANDING 1.01 2.6

TOTAL 38.50 100

BROAD-LEAVED SEMI-NATURAL WOODLAND – A1.1.1

4.2.3 A small patch of broad-leaved semi-natural woodland is located at the northern end of the Survey Area, between Northampton Road and Sandy Lane. This lies adjacent to the location of the proposed roundabout. The Proposed Developmental runs through the larger Harlestone Firs woodland (see Table 3) at the south-western end of the Survey Area.

4.2.4 The semi-natural woodland includes tree species such as occasional sycamore Acer pseudoplatanus and silver birch Betula pendula with other rare occurrences such as common hornbeam Carpinus betulus. The understorey layer is not considered to be diverse and includes occasional hazel Coryllus avellana. The ground flora includes abundant bramble Rubus fruticosus agg. and common nettle Urtica dioica, as well as occasional dog’s mercury Mercurialis perennis and rare wood avens Geum urbanum.

4.2.5 No management regime was recorded within the Survey Area. However, an area outside the Survey Area had been clear-felled. It is considered that the majority of this habitat does not meet the criteria for the NERC Section 41 (s.41) and local BAP habitat Lowland Mixed Deciduous Woodland Priority habitat. However, it is possible there are areas with over 90% cover by native trees that would qualify.

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BROAD-LEAVED PLANTATION WOODLAND – A1.1.2

4.2.6 A relatively small patch of broad-leaved plantation woodland is present within the Harlestone Firs woodland (see Table 3) at the western end of the Site. Species include dominate poplar Populus sp. with frequent ash Fraxinus excelsior and sycamore saplings. Forbs such as garlic mustard Alliaria petiolata are frequent in the ground flora. The poplars appeared to be planted in rows giving the woodland a low diversity of tree ages and structure. It is considered that this habitat does not constitute a NERC s.41 or local BAP Priority habitat.

SCATTERED SCRUB– A2.2

4.2.7 Scattered scrub habitat is present primarily along the ditches and drains that run through the Site and Survey Area. Species include dominate blackthorn Prunus spinosa and hawthorn Crataegus monogyna. It is considered that areas where scattered scrub are present are likely due to reduced grazing levels and lack of hedgerow maintenance.

SCATTERED TREES (BROAD-LEAVED – A3.1 AND CONIFEROUS – A3.2)

4.2.8 Scattered trees (a mixture of broad-leaved and coniferous) are present within the Survey Area and are mainly associated with the golf course. Scattered trees are located at the roadside of the A5199 Northampton Road, along the ditches and stream and as single trees within arable fields. Species recorded within this habitat type include occasional sycamore, beech, pedunculate oak Quercus robur and willow Salix sp.

NEUTRAL SEMI-IMPROVED GRASSLAND – B2.2

4.2.9 Patches of semi-improved grassland are present throughout the Survey Area, most notably within low-intensity grazed fields, but also in smaller areas (many too small to be mapped in Figure 2), such as grass verges adjacent to tracks and at field boundaries. Species present within these areas include grasses such as abundant false oat-grass Arrhenatherum elatius, with frequent common bent Agrostis capillaris and cock’s-foot Dactylis glomerata. Forbs recorded included occasional creeping cinquefoil Potentilla reptans, with rare common teasel Dispacus follanum and common toadflax Linaria vulgaris.

IMPROVED GRASSLAND – B4

4.2.10 Improved grassland is located south of the railway, east of Grange Farm. The habitat is heavily grazed by horses. Species include dominant perennial rye grass Lolium perenne and occasional forbs such as broad-leaved dock Rumex obtusifolius, creeping thistle Cirsium arvense, spear thistle Cirsium vulgare, and common nettle Urtica dioica.

TALL RUDERAL – C3.1

4.2.11 Tall ruderal vegetation is present throughout the Survey Area, primarily within field margins, along the stream and also within the ditches and drains. Species recorded within this habitat type include abundant bracken Pteridium aquifolium, frequent false oat-grass with occasional common nettle, woundwort Stachys sp., mugwort Artemisia vulgaris, and rosebay willowherb Chamerion angustifolium.

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STANDING WATER – G1

4.2.12 A single pond is present to the east of the housing estate off York Road. This was mostly dry at the time of survey. Vegetation noted includes dominant reedmace Typha latifolia and occasional, willowherb Epilobium sp. It is considered that the pond maybe a recent in origin, created as part of the adjacent housing development, as it is not present on the latest aerial imagery. It is considered that this habitat does meet the criteria to be a NERC s.41 or local BAP Priority habitat.

RUNNING WATER – G2 AND MARGINAL VEGETATION – F2.1

4.2.13 A river runs through the east of the Survey Area, in close proximity to the Proposed Development at its northern end and a tributary bisects the Site just north of the railway. At the western end of the Proposed Development, Dallington Brook runs along the south of the Survey Area. Associated marginal vegetation includes dominant sweet-grass Glyceria sp, with frequent meadowsweet Fillependula ulmaria and occasional lesser burdock Arctium minus and meadow crane’s-bill Geranium pratense. Based on the information required for defining rivers as NERC s.41 habitats it is not possible to ascertain whether the running water in the Survey Area meets the required criteria of the NERC s.41 and local BAP Priority habitat Rivers.

ARABLE – J1.1

4.2.14 Arable land is frequent throughout the Survey Area and was mostly planted with wheat at the time of survey Triticum sp. Wheat therefore is dominant in this habitat. A linear section of this habitat constitutes the NERC s.41 or local BAP Priority habitat Arable field margins. The NERC and local BAP habitat Arable field margin habitat is restricted to the perimeter of the arable habitat.

AMENITY GRASSLAND – J1.2

4.2.15 A small patch of amenity grassland is present around the periphery of the pond. Due to the sward being mown short, an entire species list was not possible within this habitat. However, species include dominant perennial rye-grass and frequent white clover Trifolium repens.

SPECIES-RICH INTACT HEDGE– J2.3.1, SPECIES-POOR INTACT HEDGE– J2.3.2 AND SPECIES-RICH DEFUNCT HEDGE – J2.2.1

4.2.16 Hedgerow habitats are present throughout the Survey Area, along roadsides at the northern end of the Site and along field boundaries and the stream. Hedgerows species include abundant hawthorn and occasional blackthorn, trees within hedgerows include occasional field maple Acer campestre and crab apple Malus sylvestris and rare pedunculate oak Quercus robur. Climbers such as occasional ivy Hedera helix and honeysuckle Lonicera periclymenum are also present within hedgerow. The three hedgerow habitats named were all dominated by native species. Therefore it is considered that each meet the criteria for the NERC s.41 and local BAP Priority habitat Hedgerows.

DRY DITCH – J2.6

4.2.17 Four dry ditches intersect the Site north of the railway, all of which featured tall ruderal vegetation (See Tall ruderal above). It is considered that this habitat does not meet the criteria to be a NERC s.41 or local BAP Priority habitat.

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BUILDINGS – J3.6

4.2.18 A derelict building is present in the northern end of the Survey area, a farm building is present in centre of the Survey Area (just south of the railway line), and several residential properties from the new housing estate off York Road lie within the Survey Area.

HARDSTANDING

4.2.19 Hardstanding on Site comprises the roads at the northern end of the Site (Northampton Road and Sandy Lane) and those associated with the new housing estate off York Road to the south west.

4.3 PROTECTED AND NOTABLE SPECIES ASSESSMENT

4.3.1 The potential for the Survey Area to support legally protected species and notable species has been assessed using the results of the desk study and observations made during the site survey. A summary of desk study information is included within Appendix B. Desk study records have only been considered below if they are recent (from the last 10 years) and/or if they relate to species that may be supported by habitats at the Survey Area. Habitats present within the Survey Area are suitable for the following species; further consideration is given below to the likelihood for these species to be present within the Survey Area:

 Bats  Badger  Otter  Water vole  Birds  Reptiles  Amphibians  Invertebrates (wood ant species).

4.3.2 The Survey Area does not provide suitable habitat for other protected or notable species and other species, beyond those listed above, will not be considered further in this PEA.

BATS

4.3.3 The background data search returned 51 records of bats within 5 km of the Site. Returned records were mainly foraging, roosts and grounded bats. These records consist of 8 species, namely: barbastelle Barbastella barbastellus, brown long-eared bat Plecotus auritus, common pipistrelle Pipistrellus pipistrellus, Daubenton’s bat Myotis daubentonii, Leisler’s bat Nyctalus leisleri, noctule Nyctalus noctula, soprano pipistrelle Pipistrellus pygmaeus, and Whiskered bat Myotis mystacinus. All of the bat records are found within 5 km and none of which lie within the Survey Area.

4.3.4 Trees within the Survey Area (including scattered trees, trees within hedgerows and those within woodland), in addition to structures such as the Church Brampton Pump House and Grange Farm have the potential to support roosting bats. The woodland, water courses, scrub and grassland provide foraging opportunities for these species. In addition, the network of connecting features such as hedgerows, tree lines, the stream and woodland edges, which are also present within the Survey Area, have the potential to provide commuting and foraging habitats.

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BADGER

4.3.5 The background data search returned two records of badgers within 2 km of the Site in the last 10 years. None of these occurred within the Survey Area. Information was not given on the nature of these records.

4.3.6 No signs of badger were identified during the field survey. However, the woodland, scrub, hedge banks and the railway embankment within the Survey Area are considered suitable for sett creation and signs of activity from other mammals such as rabbit were noted. Due to the suitability of habitats on Site, the absence of survey access to the railway land and the highly mobile nature of this species, it is possible that badger setts lie close enough to the Proposed Development to be impacted by the works. Habitat such as the arable land, amenity grassland and semi-improved grassland provide potential foraging areas for badgers and due to relatively good ecological connectivity within the two sections of the Survey Area (either side of the railway), the area is considered likely to support this species.

OTTER

4.3.7 The background data search returned one record of Otter within 2 km of the Site in the last 10 years. This record is approximately 1 km east of the centre of the Site, near the river Nene.

4.3.8 No definitive signs of otter were identified during the field survey. However, habitat within the Survey Area, such as the stream to the east of the Site and Dallington Brook to the south-west, has the potential to be used by otter for commuting. Connectivity to areas used for fishing also suggests that, should otter be present, they may also use the stream for foraging. Bankside habitat within the Survey Area is also considered suitable for holt creation. This included patches that featured scrub vegetation cover at the water’s edge and additional shelter features such as bankside trees.

WATER VOLE

4.3.9 The background data search returned no records of Water vole within 2 km of the Site in the last 10 years.

4.3.10 No signs of water vole were identified during the field survey. However, ditches and bankside habitat within the Survey Area are considered suitable for burrow excavation. The Survey Area is also considered to have the potential to support water vole due to the abundance of food plants, including sedges, rushes and grasses along the banks of the stream.

BIRDS

4.3.11 The background data search returned numerous records of birds within 2 km of the Site. This included 29 records and 19 different species. Schedule 1 bird species returned include kingfisher Alcedo atthis, hen harrier Circus cyaneus, red kite Milvus milvus, redwing Turdus iliacus, and fieldfare, Turdus pilaris. Records for Birds of Conservation Concern (BoCC) red listed species including lesser redpoll Acanthis cabaret, yellowhammer Emberiza citronella, linnet Linaria cannabina, house sparrow Passer domesticus, woodcock Scolopax rusticola, and lapwing Vanellus vanellus, were also returned. The Survey Area has the potential to support the majority of these species throughout the year, such as kingfisher, due to the presence of watercourses through the Survey Area. Wintering birds such as redwing and fieldfare also have potential to use the site due to a good mix of semi-natural habitats.

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4.3.12 The Upper Nene Valley Gravel Pits SPA, located approximately 6.2 km south-east, contains a wintering bird assemblage consisting of 12 different species. These include shoveler Anas clypeata, wigeon Anas penelope, mallard Anas platyrhynchos, gadwall Anas strepera, common pochard Aythya ferina, tufted duck Aythya fuligula, European bittern Botaurus stellaris, Eurasian coot Fulica atra, cormorant Phalacrocorax carbo, golden plover Pluvialis apricaria, great crested grebe Podiceps cristatus, and lapwing Vanellus vanellus. Although there is suitable habitat in the Survey Area, due to barriers in connectivity (Northampton), and insignificant areas of suitable habitat it is unlikely that bird populations from the SPA site will be using the Survey Area.

4.3.13 The Survey Area features multiple trees and vegetation suitable for supporting widespread nesting birds. In addition, the grassland areas have the potential to support ground nesting birds such as skylark Alauda arvensis. The watercourses that pass within the Survey Area have the potential to support species such as kingfisher Alcedo atthis (Schedule 1 species) and grey wagtail Motacilla cinerea (red listed BoCC). Tussocky grassland, particularly, found between Brampton Heath Golf Centre and the stream, featured numerous small mammal burrows and has the potential to be used by owls (including the Northamptonshire LBAP barn owl Tyto alba and raptors such as buzzard Buteo bute and kestrel Falco tinnunculus). In addition, trees in close proximity to the Survey Area are of sufficient size and age to possess features that could be used by barn owl.

REPTILES

4.3.14 The background data search returned 2 records of grass snake Natrix natrix and 1 record of common lizard Zootoca vivipara within 2 km of the Site in the last 10 years.

4.3.15 The Survey Area is considered likely to support widespread species of reptile (common lizard, grass snake and slow worm Anguis fragilis) due to the presence of a mosaic of habitats that include tussocky grassland, scrub, wet habitat (stream, brook, pond, ditches and surrounding habitat) and woodland, providing suitable foraging habitat and refuge. Further, the land surrounding Grange Farm featured large compost and rubble piles that have begun to become vegetated, adjacent to grassland field margins. These provide additional potential reptile refugia and (in the case of the compost heaps) could be used by grass snake for egg laying.

AMPHIBIANS

4.3.16 A single amphibian record was returned in the background data within 2 km of the Site within the last 10 years. This was a record of Common toad Bufo bufo.

4.3.17 A single pond is present within the Survey Area. This pond has the potential to support amphibians including great crested newt Triturus cristatus (GCN). Three additional waterbodies were identified from aerial imagery within 500 m of the Survey Area. It is considered that these have the potential to support amphibians and GCN.

4.3.18 The PEA field survey confirmed the suitability of habitat within the Survey Area for terrestrial newts, which included vegetation such as rough grassland and scrub for foraging and refuge, in addition to potential commuting routes along features such as hedgerows.

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INVERTEBRATES

4.3.19 Numerous invertebrate records were returned within the 2 km background data search in the last 10 years. This includes 19 different species. This did not include more notable species such as white-clawed crayfish.

4.3.20 A large number of wood ants and wood ant nests were recorded within the woodland to the south- west of the Site. Due to the habitat in which the ant nests were recorded and the distribution of wood ant species (and closely related species) within the UK, it was considered likely that these are the Southern wood ant Formica rufa. The Southern wood ant is listed as ‘near threatened’ on the IUCN Red List of Threatened Species and the National Wood Ant Steering Group suggest that the status and distribution of colonies is not fully understood. With a good range of semi-natural habitats the Survey Area has the potential to support other notable species. For example the abundance of stream habitat in the Survey Area gives it the potential to support white-clawed crayfish.

4.4 NON-NATIVE INVASIVE PLANT SPECIES

4.4.1 Three invasive plant species lie within 2 km of the Site. These include two aquatic species; parrots feather Myriophyllum aquaticum and New Zealand pygmyweed Crassula helmsii, and one terrestrial japanese knotweed Fallopia japonica. All three are schedule 9 listed (W&C).

4.4.2 No invasive plant species were recorded on the Site visit.

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5 DISCUSSION AND RECOMMENDATIONS 5.1.1 This section considers the potential for effects on designated sites, legally protected species, notable species and notable habitats as a consequence of the Proposed Development. Where further surveys or detailed assessment of potential effects are required in order to design suitable mitigation this is identified.

5.2 STATUTORY DESIGNATED SITES

5.2.1 The Habitats Regulations provide strict protection to sites of European and/or international importance. This includes requiring projects or plans to be screened for likely significant effects upon SPA, SAC and candidate SACs (cSACs). Guidance also requires potential SPAs (pSPAs) and Ramsars are subject to the same assessment. Therefore, due to the presence of the Upper Nene Valley Gravel Pits SPA (and Ramsar and SSSI), the Proposed Development must be screened by the Local Planning Authority to determine whether significant effects are likely to result. If the local authority is unable to conclude that significant effects are not likely, the Proposed Development must be subject to additional assessment in accordance with the Habitats Regulations.

5.2.2 The SPA is located approximately 6.2 km south east from the Site. This means no direct loss in habitat will occur as a result of the Proposed Development. However, it is possible for the Proposed Development to affect the SPA by means of ecological or hydrological connections. This is because the River Nene intersects sections of the Proposed Development and also flows adjacent to the SPA at certain points. Birds listed for the SPA will be discussed under section 5.5.13 – 5.5.16 below.

5.2.3 LNR is a statutory designation made under Section 21 of the National Parks and Access to the Countryside Act 1949, and amended by Schedule 11 of the Natural Environment and Rural Communities Act 2006, by principal local authorities. A LNR can be given protection against damaging operations. It also has protection against development on and around it. This protection is usually given via the Local Plan, (produced by the planning authority), and often supplemented by local by-laws. The Proposed Development has the potential to affect Kingsthorpe LNR due to its connection to the Survey Area via the eastern stream; therefore, recommendations have been made within Sections 5.5, 5.6, 5.7 and 5.8.

5.3 NON-STATUTORY DESIGNATED SITES

5.3.1 There are 24 non-statutory sites within 1 km of the site. Seven of these lie within the Site boundary. These include local wildlife sites (LWS), potential local wildlife site (pLWS), country parks and wildlife trust reserves. These sites have been designated for their ecological importance. The Proposed Development will directly affect three of these by means of habitat loss and the others may be affected indirectly

5.3.2 Non-statutory designated sites are declared by local authorities and usually managed by local wildlife trusts or private owners. These sites are afforded protection through Local Planning Policy.

5.3.3 The Proposed Development has the potential to significantly affect non-statutory designated sites. The preferred route should aim to minimise these impacts where possible and consultation with the relevant authority (Northamptonshire County Council and Northamptonshire Wildlife Trust) will be required prior to any works that will affect non-statutory designated sites.

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5.4 HABITATS

5.4.1 A section of the Survey Area dissects floodplain grazing marsh, a NERC s.41 Priority Habitat, in addition to several HPI (ponds, rivers, arable field margins and hedgerows). In accordance with Section 41 of the NERC Act 2006. Under Section 40 of this legislation, every public body (including planning authorities) must, ‘ in exercising its functions, have regard so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity’.

5.4.2 Areas of each of the habitats listed above, will be lost to enable works. However, the exact extent of which, is not known at this stage. Any resulting losses of the Proposed Development should be compensated for on a no net loss basis.

5.4.3 The remaining habitats identified within the Phase 1 habitat survey are considered to be negligible ecological value. No negative impacts are envisaged on all other Phase 1 habitat types identified in Section 4.2 of this PEA as these habitats are all of low nature conservation interest; or will not be affected by proposals.’

5.5 PROTECTED AND NOTABLE SPECIES

5.5.1 The results of the desk study, Phase 1 habitat Survey and protected species assessment highlighted the potential presence of several protected or notable species within the Survey Area. The legal protection afforded to these species is outlined below and, where appropriate, the requirement for further survey and/or mitigation measures is identified

BATS

5.5.2 All species of bats recorded within the UK are protected from killing, injury and disturbance10 and their roosts protected from damage or destruction under the Habitats Regulations. Protection is also afforded under the Wildlife and Countryside Act 1981 (as amended) with respect to disturbance of individuals occupying places of rest or shelter and obstruction of access to these. Activities that would otherwise constitute an offence under this legislation may be licensed by Natural England for certain purposes.

5.5.3 Certain species of bats, including Bechstein’s bat Myotis bechsteinii, greater horseshoe bat Rhinolophus ferrumequinum, lesser horseshoe bat Rhinolophus hipposideros, noctule Nyctalus noctula, brown long-eared bat Plecotus auritus and soprano pipistrelle Pipistrellus pygmaeus are also listed as Species of Principal Importance (SPI) for the conservation of biodiversity in England in accordance with Section 41 of the NERC 2006. Section 40 obliges public bodies (including local planning authorities) to have regard for the conservation of biodiversity (including SPI) when discharging their duties (including determining planning applications). Three species of bat; barbastelle, soprano pipistrelle and brown long-eared bat, are also local BAP species for Northamptonshire.

10 Disturbance is defined within the Habitats Regulations as that which is likely to impair a species ability to survive, breed or reproduce, hibernate or migrate or to significantly affect the local distribution or abundance of the species.

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5.5.4 The desk study returned records for eight species of bat which included foraging, groundings and roost records. All of these records lie within 5 km of the Site. The Proposed Works are considered likely to impact bats as habitat with the potential to support roosting bats (such as trees within hedgerows and Grange Farm), in addition to potential foraging areas and commuting routes require clearance as part of the Proposed Works. The Survey Area should therefore be subject to further survey with regards to roosting and commuting/foraging bats (as detailed in Table 5).

BADGER

5.5.5 The Protection of Badgers Act 1992 makes it illegal to wilfully kill, injure or take any badger, or attempt to do so. It also makes it an offence to intentionally or recklessly damage, destroy or obstruct access to any part of a badger sett. Activities that would otherwise constitute an offence under this legislation may be licensed by Natural England for certain purposes.

5.5.6 The Proposed Works have the potential to impact badger. Although no signs of badger were identified during the field survey, habitat within the Survey Area is considered suitable for sett creation and foraging. Due to the suitability of habitats on Site, the absence of survey access to the railway land and the highly mobile nature of this species, it is possible that badger setts lie close enough to the route to be impacted by the works. A badger survey of the Survey Area (as detailed in Table 5) is therefore recommended to determine presence or likely absence of badgers within the Survey Area and surrounding habitat.

OTTER

5.5.7 The European otter is protected from killing, injury and disturbance11 and its place of rest or shelter (holt) is protected from damage or destruction under the Habitats Regulations. Protection is also afforded under the Wildlife and Countryside Act 1981 (as amended) with respect to disturbance of individuals occupying places of rest or shelter and obstruction of access to these. Activities that would otherwise constitute an offence under this legislation may be licensed by Natural England for certain purposes.

5.5.8 Otters are also listed as SPI in accordance with Section 41 of the NERC Act 2006. Public bodies have an obligation under Section 40 to have regard for these species when carrying out their functions. Otter is also listed as a local BAP species.

5.5.9 The watercourses within the Survey Area were considered suitable to support otter. Due to the close proximity of the Proposed Development to the stream, Dallington Brook and surrounding bankside habitat that is considered suitable for holt creation, further survey with regard to otter is recommended (provided in Table 5).

WATER VOLE

5.5.10 The water vole is protected from killing and injury and its place of rest or shelter (burrow) is protected from damage, destruction or obstruction under the Wildlife and Countryside Act 1981 (as amended). Additional protection from disturbance is extended to individuals occupying places of rest or shelter. Activities that would otherwise constitute an offence under this legislation may be licensed by Natural England for certain purposes.

11 Disturbance is defined within the Habitats Regulations as that which is likely to impair a species ability to survive, breed or reproduce, hibernate or migrate or to significantly affect the local distribution or abundance of the species.

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5.5.11 The water vole is also listed as SPI in accordance with Section 41 of the NERC Act 2006. Public bodies have an obligation under Section 40 to have regard for these species when carrying out their functions. Water vole is also listed as a local BAP species.

5.5.12 The Survey Area is considered to provide suitable burrow creation and foraging habitat for water vole and due to the proximity of the Proposed Works to the watercourses, further survey for water vole is recommended (as detailed in Table 5).

BIRDS

5.5.13 Under the amendments to the Habitat Regulations (16th August 2012) Reg 9A(2) & (3) state that local authorities ‘must take such steps in the exercise of their functions as they consider appropriate to contribute to…the preservation, maintenance and re-establishment of a sufficient diversity and area of habitat for wild birds in the UK including by means of the upkeep, management and creation of such habitat…’. The legislation continues to state that economic and recreation requirements must be taken into consideration in considering which measures are appropriate.

5.5.14 Under the Wildlife and Countryside Act 1981 (as amended) all wild birds are protected from killing and injury, and their nests and eggs protected from taking, damage and destruction whilst in use. Additional protection is extended to species listed under Schedule 1 of the Act, meaning it is also an offence to disturb these species at or near the nest, or whilst they have dependent young.

5.5.15 A number of birds for which records have been returned within 1 km have been listed as local BAP species for Northamptonshire. These include yellowhammer, reed bunting Emberiza cirinella, linnet, house sparrow, bullfinch Pyrrhula pyrrhula, song thrush Thurdus philomelos, and lapwing.

5.5.16 The removal of vegetation from within the Survey Area has the potential to impact nesting birds (including ground nesting birds such as skylark) if undertaken during the main nesting season and the clearance of tussocky grassland may remove foraging habitat for birds of prey. Further, habitat such as the vegetation surrounding the watercourses may support kingfisher, which may be disturbed by the Proposed Works and trees in close proximity to the route are of sufficient size and age to possess features that could be used by barn owl. As a result, breeding bird and barn owl surveys are recommended (see Table 5).

5.5.17 Species listed for the Upper Nene Valley Gravel Pits SPA and RAMSAR site are unlikely to be present within the Survey Area due to the lack of wetland habitats present. The distance (6.2 km) between the Survey Area and the SPA/RAMSAR site, barriers to habitat connectivity (Northampton), and insignificant areas of suitable habitat make it unlikely that bird populations from the SPA/RAMSAR site will be using the Survey Area.

REPTILES

5.5.18 Native widespread reptile species (including common or viviparous lizard, grass snake and slow worm) are partially protected under Schedule 5 of the Wildlife and Countryside Act 1981 (as amended). This includes protection from killing and injury.

5.5.19 All reptile species are also listed as SPI in accordance with Section 41 of the NERC Act 2006. Public bodies have an obligation under Section 40 to have regard for these species when carrying out their functions. Common lizard, grass snake and slow worm are all local BAP species in Northamptonshire.

5.5.20 The mosaic of habitats present within the Survey Area has the potential to support widespread reptile species and therefore the removal of such habitat or works incurring damaging to these habitats (for instance plant driving over the grassland), has the potential to injure or kill reptiles. As a result, surveys for reptiles, as described in Table 5, are recommended to avoid risk of harm to reptiles.

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AMPHIBIANS

5.5.21 Great crested newts are protected from killing, injury and disturbance12 and their places of rest or shelter (occupied habitat) protected from damage or destruction under the Habitats Regulations. Protection is also afforded under the Wildlife and Countryside Act 1981 (as amended) with respect to disturbance of individuals occupying places of rest or shelter and obstruction of access to these. Activities that would otherwise constitute an offence under this legislation may be licensed by Natural England for certain purposes.

5.5.22 Great crested newts and common toad Bufo bufo are also listed as SPI in accordance with Section 41 of the NERC Act 2006. Public bodies have an obligation under Section 40 to have regard for these species when carrying out their functions. Great crested newts and common toad are also listed as local BAP species for Northamptonshire.

5.5.23 Although no records of great crested newt were returned within 2 km of the Survey Area, the Survey Area contains suitable terrestrial habitat for amphibians such as GCN and the wider landscape (within 500 m of the Site) features a number of ponds that may support breeding populations of this protected species. As works will take place within areas of suitable habitat, these have the potential to cause harm to this protected species. As a result, further survey with regards to GCN (provided in Table 5) are required.

5.5.24 It should be noted that palmate newt Triturus helveticus is a Northamptonshire Local Biodiversity Action Plan (LBAP) species and therefore conservation of this species should also be given due consideration. Further surveys, as recommended above for GCN will cover this species.

INVERTEBRATES

5.5.25 The likely Southern wood ant recorded in large numbers on Site is ‘near threatened’ and its status is thought to not yet be fully understood. It is therefore recommended that mitigation (Section 5.7) and habitat enhancement (Section 5.8) measures are employed with regards to this species within the woodland. No records for white clawed crayfish Austropotamonius pallipes or signal crayfish Pacifastacus leniusculus were returned in the 2km background data search.

5.6 FURTHER SURVEY REQUIREMENTS

5.6.1 Potential ecological constraints for which further surveys are required to ensure legal and planning policy compliance are listed in Table 5.

12 Disturbance is defined within the Habitats Regulations as that which is likely to impair a species ability to survive, breed or reproduce, hibernate or migrate or to significantly affect the local distribution or abundance of the species.

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Table 5 - Key Ecological Constraints and Further Survey Requirements

Ecological Potential Constraints Further Survey Requirements Seasonal Constraints Receptor

BATS Demolition or works to Further assessment of trees and structures External inspections can be undertaken at any structures, in addition to to determine presence, potential presence time of year but for trees are most conclusive in felling or pruning of trees or likely absence of roosting bats. In the the autumn and winter months where no leaf may result in the first instance, a preliminary bat roost cover exists. damage/destruction of a assessment should be undertaken of trees bat roost. and structures within the Survey Area to be Dusk emergence/ dawn re-entry surveys must disturbed or destroyed as a result of the be undertaken between May and September Removal of grassland, proposals. This will determine the levels of and are optimal between May and August. scrub or linear features bat roost potential and inform any further One activity survey should be undertaken per such as tree lines or surveys required of suitable features. hedgerows may result in month from April to October. Static detectors the loss of bat foraging Activity surveys should also be undertaken, should also be deployed within this period. and commuting habitat, to comprise one survey visit per month, in which in turn could result appropriate weather conditions for bats. At in the functional loss of a least one survey visit should comprise a bat roost. dusk and pre-dawn survey within one 24 hour period. This should include walked transect surveys and two static detectors should also be deployed per transect to collect data on five consecutive nights in appropriate weather conditions for bats.

BADGER The Proposed Works A badger survey, to include a thorough Can be undertaken at any time of year but are have the potential to inspection of the Survey Area (particularly most conclusive between February and April, damage or destroy the woodland areas) for badger setts and when territorial activity is at its peak but badger setts. signs of badger activity. vegetation cover is at a minimum.

OTTER Works in close proximity An otter survey of the suitable watercourses Surveys can be undertaken at any time of the to the water courses may within the Survey Area, to look for signs of year. However, can be carried out between May result in disturbance to otter activity and any holts that may be and September when water levels are less otter and/or damage to a present. variable. Surveys should not be carried out holt. during periods when there is heavy rain. Ideally

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Ecological Potential Constraints Further Survey Requirements Seasonal Constraints Receptor there should be a period of at least five days without rain before surveying.

WATER VOLE Works in close proximity Water vole survey of the suitable Surveys should take place within the water vole to the River Thames and watercourses within the Survey Area to look breeding season, when field signs are most its tributaries may result for signs of water vole activity and burrows. evident. For this Site, this is considered to be in the damage or from mid-April to the end of September. A destruction of water vole survey should be conducted in both May and burrows August, so that they are amply spaced in the survey season. BIRDS The Proposed Works A barn owl survey should be undertaken of For bar owl, a Stage 3 (nest site verification have the potential to the area surrounding the Proposed survey) should be undertaken between mid- damage or destroy the Development to identify feeding and June and early August. nest and/or eggs of wild dispersal habitat, nest sites, roost sites and Breeding bird surveys to comprise of at least birds and disturb potential Traffic Accident Blackspots (TAB) three surveys, spread evenly, between March Schedule 1 species and June. These should include a survey for (kingfisher and barn owl). Works should be undertaken outside of the Waterways Breeding Birds (WBBS) along the main bird nesting season (March to sections of the watercourses to be impacted. September, inclusive). Should works be required in the vicinity of the watercourses

during the nesting season, breeding bird surveys would be necessary to determine the species using the Site and assess how these will be impacted.

Should removal of vegetation such as trees shrubs or grassland elsewhere on Site be required during the nesting season, a nesting bird check would be required no more than 48 hours prior to vegetation removal.

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Ecological Potential Constraints Further Survey Requirements Seasonal Constraints Receptor

REPTILES Works impacting Reptile surveys of the areas to undergo Reptiles are generally active from March to vegetation such as the clearance of suitable habitat including October but the optimal times for surveying are grassland, scrub, grassland, scrub and woodland edge April, May and September. Surveys comprise woodland and ponds habitat. one visit to lay artificial refugia and a subsequent have the potential to kill seven survey visits in suitable weather or injure widespread conditions. reptile species. AMPHIBIANS The Proposed Works Habitat Suitability Index (HSI) assessments The survey period for great crested newts is have the potential to within the proposed area should be carried mid-April to mid-June. disturb, injure or kill GCN out to determine the need for further and the presence/likely absence and population An initial four survey visits would be required to Northamptonshire LBAP estimate surveys for GCN and palmate survey for presence or likely absence of great species palmate newt newt. crested newts. Should this species be found to be present, a further two surveys of the positive All survey methodologies will follow ponds would be required to produce a population appropriate guidance (Highways Agency estimate. 1997), (Oldham et al. 2000) and (English Nature 2001)

HEDGEROWS The Proposed Works are Surveys of all hedgerows to be impacted by April-October, although June and July are likely to involve the the works. These will be done in line with ideal as a number of hedgerow shrubs may be removal or reduction of the Hedgerow Regulations (1977) flowering and spring species should still be species-rich hedgerows apparent.

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5.7 PRELIMINARY AVOIDANCE, MITIGATION AND COMPENSATION MEASURES

5.7.1 Aside from the direct effects of clearing habitat for the construction of the road (for example reduction of habitat size and fragmentation), the secondary effects such as an increase in disturbance and road traffic collisions also have the potential to have significant detrimental effects on wildlife populations. In the first instance, impact avoidance measures should be employed.

5.7.2 The primary impact avoidances should therefore be retention of as much of the higher quality habitat as possible and helping wildlife to avoid the road

5.7.3 To enable compliance with relevant legislation and planning policy, as described above within Section 4.2, 4.3 and 4.4 the following avoidance, mitigation and compensation measures should be designed in to the Proposed Development. These will be refined following completion of further survey recommended in Table 5 above.

 Retention of as much higher quality habitat as possible. This includes habitats such as hedgerows, field margins, tree lines, marginal habitat of the watercourses, areas of semi- improved grassland and woodland. Where features require removal, they should be replaced by planting. Where features will be temporarily severed (i.e. until new planting matures), dead hedging using the arisings from clearance works should be used to maintain connectivity in the interim.  During felling operations within the woodland, as many trees as possible should be retained near ant nests, particularly aphid-rich species.  Avoidance of vegetation clearance during the main bird nesting season (taken to be from March to September, inclusive).  Lighting use on Site should be sensitively designed to avoid disturbance to bats and other nocturnal wildlife and works associated with the construction phase should only be carried out during daylight hours. Direct illumination of hedgerows, tree lines and water courses should be avoided, both during and after the construction phase. To achieve this, lighting should be directed to where it is needed and spillage avoided via the use of accessories such as baffles, hoods or louvres. Reducing the height of lighting columns as far as possible (unless a taller column will allow light to be directed downwards at a more acute angle) will also help minimise the impact of light disturbance.  Light levels should be as low as guidelines allow, with lighting used only where and when necessary, allowing some dark periods (Bat Conservation Trust, 2009; ILE, 2011). Narrow spectrum light sources that emit minimal ultra-violet light and that peak higher than 550 nm are recommended, whilst white and blue wavelengths of the light spectrum should be avoided to reduce insect attraction. Where white light sources are required in order to manage the blue short wavelength content, they should be of a warm/neutral colour temperature <4,200 kelvin (Bat Conservation Trust, 2014).  Methods for reducing the risk of wildlife road mortality will be refined in line with the results of the recommended surveys (Table 5), to be detailed within the relevant reports. These may include for example, the provision of ‘hop-overs’ for bats and low-flight prevention screening (dense hedgerows or lines of closely spaced dense shrubs or trees at least 2-3 m high) for barn owl.

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ENVIRONMENTAL BEST PRACTICE

5.7.4 In addition, general environmental protection measures must be implemented during the construction phase of the Proposed Development. Such measures include best environmental practice guidance outlined in the Environment Agency’s Pollution Prevention Advice and Guidance (Environment Agency, 2007) and those outlined by the Construction Industry Research and Information Association guidance (CIRIA, 2015). The following minimum standards must be adhered to prevent ecological impacts beyond the Site boundary:

 Measures must be taken to prevent dust and other emissions from construction affecting land beyond the Site.  Chemicals and fuels must be stored in secure containers located away from watercourses or water bodies. Spill kits must be available.  Excavations must be covered or securely fenced (with no potential access points beneath fencing) when the Site is closed (e.g. overnight) to prevent entrapment of animals.  Retained trees must be protected in accordance with BS5837;  Noise and vibration must be controlled and kept to the minimum necessary.  Lighting used for construction must be switched-off when not in use and positioned so as not to spill on to adjacent land or retained vegetation within the Site. 5.8 ECOLOGICAL ENHANCEMENT OPPORTUNITIES

5.8.1 The National Planning Policy Framework (NPPF) (2012) states that at an overview level the ‘planning system should contribute to and enhance the national and local environment by… minimising impacts on biodiversity and providing net gains in biodiversity where possible, contributing to the Government’s commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures’.

5.8.2 At a local level, the Local Plan states that ‘[Northamptonshire] wildlife is experiencing one of the highest levels of pressure from development in the whole of the UK. This development pressure, coupled with the fact that Northamptonshire has one of the lowest proportions of protected areas for biodiversity in the country, means that it is extremely important that steps are taken to ensure our remaining biodiversity is not further degraded or destroyed. Instead, new development should be seen as an opportunity, within which biodiversity can be integrated and enhanced to safeguard its future, whilst providing a naturally functioning environment for local communities to enjoy’.

5.8.3 Ecological enhancements will also deliver other green infrastructure benefits such as storm water attenuation.

5.8.4 To encourage compliance with planning policy the following measures are recommended for inclusion within the Proposed Development; where possible:

 In combination with retaining habitat such as hedgerows and semi-improved grassland, additional planting, particularly within areas currently comprising arable or improved grassland habitat, would increase biodiversity within the Survey Area. Good horticultural practice should be employed, for example the use of peat-free composts, mulches and soil conditioners, using native plants of local provenance and avoidance of the use of invasive species listed on Schedule 9 of the Wildlife and Countryside Act 1981 (as amended).  Bird and bat boxes (with the number and type to be determined by the recommended further surveys) to be installed on new and existing trees and buildings.  Planting of a mix of native fruit trees and the creation/retention of short grassland areas (managed without the use of chemicals that kill worms) to provide accessible foraging areas for badgers.

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 Creation of ponds with ecological connectivity to existing ponds and enhancing existing waterbodies for wildlife. This should focus on increasing invertebrate abundance and improving the suitability of the pond for use by breeding amphibians. Plants such as water forget-me-not Myosotis scorpioides and starwort Callitriche spp. would provide egg-laying sites for newts and the inclusion of slopes as well as shelved areas for plants (such as spearwort Ranunculus flammula, water mint Mentha aquatica and yellow flag iris Iris pseudacorus would create a mixture of bankside habitats. Submerged species such as curled pondweed Potamogeton crispus and hornwort Ceratophyllum demersum will oxygenate the water.  The creation of habitat piles and/or hibernacula from the arisings of any vegetation clearance within undisturbed areas of the Site. This would provide shelter and foraging habitat for species groups such as reptiles and amphibians.  If ownership can be confirmed, the thinning of trees along Dallington Brook within the woodland to the west of the Site. This would allow increased light penetration to the ground level and thereby enable an increase in in-stream and marginal plants, increasing biodiversity and potentially suitability for declining species such as water vole. The thinning of trees (in addition to ride maintenance) within the woodland is also likely to benefit wood ants, which require sunlight to reach the woodland floor, provided their nests are not damaged in the process.

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6 CONCLUSIONS 6.1.1 Habitats are present within the Survey Area that have the potential to support protected species. These include bats, badger, otter, water vole, breeding birds (including Schedule 1 species), reptiles and amphibians. In addition, hedgerows within the Survey Area have the potential to be of importance with regards to the Hedgerows Regulations, 1977. As a result, further survey is required to enable impact assessment of the Proposed Works on these species groups and to assess the protection status of the hedgerows. The surveys should be undertaken in conjunction with the recommended impact avoidance and mitigation recommendations provided and the surveys will be used to refine these. Enhancement opportunities have also been suggested that would contribute to an increase in biodiversity and also in the value of the Site for wildlife. In addition it is required that a HRA (Habitats Regulations Assessment) is carried out of the Proposed Developments effect on the Upper Nene Valley Gravel Pits SPA.

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7 REFERENCES  Amphibian and Reptile Groups of the United Kingdom (2010) ARG UK Advice Note 5: Great Crested Newt Habitat Suitability Index. ARG UK, UK  The Bat Conservation Trust (BCT) (2012a) Encouraging Bat – A Guide for Bat-friendly Gardening and Living. BCT, London.  BCT (2014b) Artificial Lighting and Wildlife – Interim Guidance: Recommendations to help minimise the impact of artificial lighting. BCT, London.  British Standards Institution (2012) BS 5837:2012 Trees in relation to design, demolition and construction – Recommendations. BSI, London.  BSI (2013) Biodiversity code of practice for planning and development: BS42020. BSI. London.  BSI (2015) Surveying for bats in trees and woodland – Guide: BS8596:2015. BSI, London.  Barn Owl Trust (2012) Barn Owl Conservation Handbook, Pelagic Publishing, Exeter.  Bibby C.J, Burgess N.D, Hill D.A, Mustoe S.H. (2000) Bird Census Techniques. Second Edition. Elsevier Ltd.  Chanin P (2003). Monitoring the Otter Lutra lutra. Conserving Natura 2000 Rivers Monitoring Series No. 10, English Nature, Peterborough  Chartered Institute of Ecology and Environmental Management (CIEEM) (2013). Guidelines for Preliminary Ecological Appraisal. CIEEM, Winchester.  CIEEM (2015). Guidelines for Ecological Report Writing. CIEEM, Winchester.  CIEEM (2016) Guidelines for Ecological Impact Assessment in the UK and Ireland, Terrestrial, Freshwater and Coastal. CIEEM, Winchester.  CIRIA (2015) Environmental good practice on site (fourth edition) (C741) Charles, P., Edwards, P (eds). CIRIA, London.  Collins J. (ed.) (2016) Bat Surveys for Professional Ecologists, Good Practice Guidelines (3rd Edition). The Bat Conservation Trust, London.  Dean, M., Strachan, R., Gow, D. and Andrews R. (2016). The Water Vole Mitigation Handbook (The Mammal Society Mitigation Guidance Series). Eds. Fiona Matthews and Paul Chanin. The Mammal Society, London.  Department for Environment, Food and Rural Affairs (Defra) (2007) Hedgerow Survey Handbook: A Standard Procedure for Local Surveys in the UK, 2nd edition. Defra, London. Available at: http://www.defra.gov.uk/publications/files/pb11951-hedgerow-survey-handbook- 070314.pdf  Department for Environment, Food and Rural Affairs (2011). A strategy for England’s wildlife and ecosystem services. DEFRA, London.  Department for Communities and Local Government (DCLG) (2012). The National Planning Policy Framework. DCLG, London.  Eaton MA, Aebischer NJ, Brown AF, Hearn RD, Lock L, Musgrove AJ, Noble DG, Stroud DA and Gregory RD (2015) Birds of Conservation Concern 4: the population status of birds in the United Kingdom, Channel Islands and Isle of Man. British Birds 108, 708–746. [Available online: britishbirds.co.uk/wp-content/uploads/2014/07/BoCC4.pdf]  English Nature (2001). Great Crested Newt Mitigation Guidelines. English Nature, Peterborough.

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 Environment Agency (2014) Pollution Prevention Guidance. Available online: https://www.gov.uk/government/collections/pollution-prevention-guidance-ppg [accessed July 2014].  Froglife (1999) Reptile Survey: an introduction to planning, conducting and interpreting surveys for snake and lizard conservation. Froglife Advice sheet 10. Froglife, Halesworth  Gent, A. and Gibson, S. (2003). Herpetofauna Workers Manual. JNCC. Peterborough  Gilbert , G., Gibbons, D.W. and Evans, J. (1998). Bird Monitoring Methods: A Manual of Techniques for Key UK Species. RSPB  Harris S, Cresswell P and Jefferies D (1991) (Report) Surveying Badgers. The Mammal. Society, Bristol.  Highways Agency (1997) Design Manual for Roads and Bridges, Volume 10, Section 4, Part 7: Nature Conservation Advice in Relation to Reptiles and Roads.  Highways Agency (1997) Design Manual for Roads and Bridges, Volume 10, Part 5, Mitigating against effects on badgers.  HMSO (Her Majesty’s Stationary Office) (1981). Wildlife and Countryside Act (as amended by the Countryside and Rights of Way Act 2000). HMSO, Norwich.  HMSO (1992) The Badgers Act.  HMSO (1996) The Wild Mammals (Protection) Act. HMSO, London.  HMSO (1997) The Hedgerows Regulations, SI 1997/1160. HMSO, London.  HMSO (2006) Natural Environment and Rural Communities Act. HMSO, Norwich.  HMSO (2010). The Conservation of Habitats and Species Regulations 2010 as amended (the Habitat Regulations)  Joint Nature Conservation Committee (JNCC) (2010). Handbook for Phase 1 habitat survey – a technique for environmental audit. JNCC, Peterborough.  JNCC Biodiversity Reporting and Information Group (2008). UK Biodiversity Action Plan  JNCC and DEFRA (2012) UK Post 2010 Biodiversity Framework. Available online: http://jncc.defar.gov.uk/page-6189. [Accessed July 2014].  Langton, T.E.S., Beckett, C.L., and Foster, J.P. (2001). Great Crested Newt Conservation Handbook, Froglife, Halesworth  Mitchell- Jones, A.J (2004) Bat Mitigation Guidelines. English Nature.  Office of the Deputy Prime Minister (ODPM) (2005). Government Circular: Biodiversity and Geological Conservation – Statutory Obligations and their Impacts within the Planning System.  Oldham R.S., Keeble J., Swan M.J.S., and Jeffcote M. (2000) Evaluating the suitability of habitat for the great crested newt. Herpetological Journal 10: 143-155  Roper, T.J. (2010). Badger. Harper Collins.  Scottish Natural Heritage. Wood Ants: Management and Mitigation Measures. Downloaded from: http://www.snh.gov.uk/docs/A1141639.pdf [Accessed August 2017].  Shawyer (2011). Barn owl Tyto alba survey methodology and techniques for use in ecological assessment: Developing best practice in survey and reporting. IEEM, Winchester.  Social Insects Specialist Group. 1996. Formica rufa. The IUCN Red List of Threatened Species 1996: e.T8645A12924924. http://dx.doi.org/10.2305/IUCN.UK.1996.RLTS.T8645A12924924.en. Available online: http://www.iucnredlist.org/details/8645/0 [Accessed August 2017].

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 The website of the National Wood Ant Steering Group. Available online: http://www.woodants.org.uk/ [Accessed August 2017].

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8 FIGURES Figure 1- Site Location Plan

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Appendix A

RELEVANT LEGISLATION AND PLANNING POLICY

ENGLAND & WALES LEGISLATION AND POLICY CONTEXT This report has been compiled with reference to relevant wildlife legislation, planning policy and the UK Biodiversity Framework. An overview and context of relevant legislation is provided, with the relevant protection each species groups or species receives summarised in Table 1.

THE WILDLIFE AND COUNTRYSIDE ACT 1981, (AS AMENDED) (WCA) Protected birds, animals and plants are listed under Schedules 1, 5, 8 and 9 respectively of the WCA, a description of these Schedules and their meaning is provided below.

Under the WCA (England and Wales) all birds, their nests and eggs (with exception of species listed under Schedule 2) are protected by the WCA. It is an offence to: • Intentionally kill, injure, or take any wild bird, • take or destroy an egg of any wild bird. • damage or destroy the nest of any wild bird (whilst being built, or in use). Under the WCA the clearance of vegetation within the survey area boundary, or immediately adjacent to the survey area during the bird nesting season could result in an offence occurring by the disruption or destruction of nest sites. The bird breeding season can be taken to occur between March - August inclusive, although is subject to variations based on species, geographical and seasonal factors.

Schedule 1 Birds listed under Schedule 1 of the WCA13 are afforded additional protection with regard to intentional or reckless disturbance whilst nest-building, or at a nest containing eggs or young, or disturb the dependent young of such a bird. Schedule 5 Species listed in Schedule 5 can either be fully protected or be partially protected under Section 9, which makes it unlawful to intentionally:

• Part 1: kill, injure or take; • Part 2: possess or control (live or dead animal, part or derivative); • Part 4 (a): damage or destruct any structure used for shelter or protection; • Part 4 (b): disturb them in a place of shelter or protection; • Part 4 (c): obstruct access to place of shelter or protection; • Part 5 (a): sell, offer for sale, possess or transport for the purpose of sale (live or dead animal, part or derivative); • Part 5 (b): advertise for buying or selling.

Schedule 8 The Act makes it an offence (subject to exceptions) to pick, uproot, trade in, or possess (for the purposes of trade) any wild plant listed in Schedule 8, and prohibits the unauthorised intentional uprooting of such plants. Schedule 9 Invasive species listed under Schedule 9 are prohibited from release into the wild and the Act prohibits planting or “causing to grow” in the wild of any plant species listed in Schedule 9. It should be noted that certain bird species listed on Schedule 1 of the WCA are also listed on Schedule 9 to

13 To view the current list of Schedule 1 listed birds visit: http://www.legislation.gov.uk/ukpga/1981/69/schedule/1 [Accessed July 2017].

prevent release of non-native and captive individuals, this includes barn owl, red kite, goshawk and corncrake.

COUNTRYSIDE RIGHTS OF WAY ACT 2000 (CROW ACT) The CRoW Act has amended the WCA in England and Wales strengthening the protection afforded to Sites of Special Scientific Interest (SSSI) and the legal protection for threatened species. It adds the word ‘reckless’ to the wording of the offences listed under Section 9(4) of the WCA. This alteration makes it an offence to recklessly commit an offence, where previously an offence had to be intentional to result in a breach of legislation.

NATURAL ENVIRONMENT AND RURAL COMMUNITIES (NERC) ACT 2006 Species and Habitats of Principal Importance in England and Wales are listed under Section 41 and Section 42 respectively of the NERC Act. The Section 41 and 42 lists detail species that are of principal importance for the conservation of biodiversity in England and Wales, and should be used to guide decision-makers such as local and regional authorities when implementing their duty to have regard for the conservation of biodiversity in the exercise of their normal functions – as required under Section 40 of the NERC Act 2006.

THE ENVIRONMENT (WALES) ACT 2016 The Environment (Wales) Act 2016 (http://www.legislation.gov.uk/anaw/2016/3/contents/enacted) puts in place the legislation needed to plan and manage Wales’ natural resources in a more proactive, sustainable and cohesive way. Section 7 replaces the duty in Section 42 of the NERC Act 2006 and it places a duty on the Welsh Ministers to publish, review and revise lists of living organisms and types of habitats which they consider are of key significance to sustain and improve biodiversity in Wales. The species and habitat lists are identical to those in Section 42 but it should be noted it is currently under review (23.03.2017).

THE PROTECTION OF BADGERS ACT (1992) It is an offence to wilfully take, kill, injure, possess or ill-treat a badger. Under the Act their setts are protected against intentional or reckless interference. Sett interference includes damaging or destroying a sett, obstructing access to any part of the sett, or disturbance of a badger whilst it is occupying a sett. The Act defines a badger sett as ‘any structure or place, which displays signs indicating the current use by a badger’ and Natural England (NE) takes this definition to include seasonally used setts that are not occupied but that show sign of recent use by badgers (Natural England, 200914).

If impacts to badgers or their setts are unavoidable then authorised sett disturbance requires a licence.

THE UK POST-2010 BIODIVERSITY FRAMEWORK (2011-2020) (JNCC AND DEFRA, 2012) This Framework lists the UK’s most threatened species and habitats and sets out targets and objectives for their management and recovery. The UK Biodiversity Action Plan (BAP) process is delivered nationally, regionally and locally and should be used as a guide for decision-makers to have regards for the targets set by the framework and the goals they aim to achieve. The UK BAP has now been replaced by the UK Post-2010 Biodiversity Framework, however, it contains useful information on how to characterise important species assemblages and habitats which is still relevant (UK Post- 2010 Biodiversity Framework, 201215).

14 Natural England, June 2009, Protection of Badgers Act 1992 (as amended), Guidance on ‘Current Use’ in the definition of a Badger Sett WMLG17, Natural England, Peterborough. 15 JNCC and Defra (on behalf of the Four Countries’ Biodiversity Group), July 2012, UK Post-2010 Biodiversity Framework, Available from: http://jncc.defra.gov.uk/pdf/UK_Post2010_Bio-Fwork.pdf [Accessed July 2017].

THE CONSERVATION OF HABITATS AND SPECIES REGULATIONS 2010 (AS AMENDED) The EC Habitats Directive and EC Birds Directive is transposed into UK law via the Conservation of Habitats and Species Regulations 2010 (as amended), referred to as the Habitats Regulations. All species listed under Annex IV of the Habitats Directive require strict protection and are known as European Protected Species (EPS).

Under Regulation 41 of the Habitats Regulations it is unlawful to: • Deliberately kill, capture or disturb; • Deliberately take or destroy the eggs of; and • Damage or destroy the breeding site/resting place of any species protected under this legislation. If the Ecologist determines that impacts to an EPS are unavoidable then the works may need to be carried out under a site specific mitigation licence from Natural England (NE) or Natural Resources Wales (NRW). Low Impact Class licences are also available in both England and Wales for bats and great crested newts. This enables Registered Low Impact Consultants to undertake certain low impact activities reducing the EPS application paperwork and process length.

Certain EPS are also listed under Annex II of the Habitats Directive and are afforded protection by the establishment of core areas of habitat known as Special Areas of Conservation. This means these species are a relevant consideration in a Habitats Regulations Assessment (HRA).

The Birds Directive seeks to maintain populations of all wild bird species across their natural range 16 (Article 2). All bird species listed under Annex I of the Birds Directive are rare or vulnerable and afforded protection by the classification of Special Protection Areas (SPAs), these are also designated under all regularly occurring migratory species, with regard to the protection of wetlands of international importance (Article 4). This means these bird species and communities are a relevant consideration in HRA.

16 To view birds listed under Annex I visit: http://ec.europa.eu/environment/nature/conservation/wildbirds/threatened/index_en.htm [accessed July 2017]

Table A:1: Key Species and National Wildlife Legislation, Policy and Biodiversity Framework Applicable in England & Wales

Species Legislation, Planning Policy and UK Biodiversity Framework

Wildlife and Countryside Act 1981 (as The Conservation of /Habitats and Species Regulations Natural Environment The Protection of The UK Post-2010 amended), (WCA) 2010 (as amended) (Habitats Regulations) - Regulation and Rural Communities Badgers Act 1992 Biodiversity Framework 41 (NERC) Act 2006 / The 2011-2020 (JNCC and Environment(Wales) Act DEFRA, 2012) (2016) Schedule Schedule 5 Schedul Schedule 9 European Protected Species (Annex IV of the EC 1 e 8 Habitats Directive),

Badger ✓

Bats ✓ ✓18 ✓19  ✓20 17(part) Hazel ✓ 5(part) ✓ ✓  ✓ Dormouse Otter ✓ 5(part) ✓ ✓  ✓

Water vole ✓21(full)  ✓  ✓

Birds ✓  ✓22  ✓23  ✓24

Reptiles ✓25(part) ✓9 ✓26 ✓27  ✓28  Amphibians ✓29(part) ✓ ✓ ✓33   30 31,32

17 These species are partially protected under section 9(4)(b), (4)(c) and (5). 18 Only Barbastelle (Barbastella barbastellus), Bechstein’s bat (Myotis bechsteinii), greater horseshoe bat (Rhinolophus ferrumequinum) and lesser horseshoe bat (Rhinolophus hipposideros) are listed on Annex II of the Habitats Directive. 19 Greater horseshoe bat, lesser horseshoe bat, Bechstein’s bat, noctule (Nyctalus noctula), soprano pipistrelle (Pipistrellus pygmaeus), brown long-eared bat (Plecotus auritus) and barbastelle are listed as Species of Principal Importance in England with the addition of common pipistrelle (Pipistrellus pipistrellus) in Wales listed under Section 7 of the Environment (Wales) Act (2016) http://www.legislation.gov.uk/ukpga/2006/16/contents. 20 Barbastelle bat, Bechstein’s bat, noctule, soprano pipistrelle, brown long-eared bat, greater horseshoe bat, lesser horseshoe bat are listed as UK BAP species of bat. 21 Class Licences are available to Registered Consultants to intentionally disturb, damage or destroy water vole burrows or to displace water voles from their burrows in relation to a development proposal where the licensed action provides a conservation benefit for water voles. Certain displacement operations may be carried out under a Class licence by a registered person in England, however in Wales all displacement operations must be carried out under a site specific licence. 22 To view plants and animals listed on Schedule 9 Part 1 visit http://www.legislation.gov.uk/ukpga/1981/69/schedule/9 [accessed 6 April 2017] 23 There are 49 species of birds listed as Species of Principal Importance in England in Section 41 of the NERC Act 2006 and 51 species in Wales under Section 7 of the Environment (Wales) Act (2016) http://www.legislation.gov.uk/ukpga/2006/16/contents. 24 To view the current list of UK BAP priority birds visit: http://jncc.defra.gov.uk/page-5163 [Accessed July 2017]. 25 The four common reptile species, Adder (Vipera berus), Grass snake (Natrix natrix), Common lizard (Zootoca vivipara) and Slow worm (Anguis fragilis) are offered partial protection under section 9(5). The rarer UK reptile species (Smooth snake (Coronella austriaca) and Sand lizard (Lacerta agilis)) are partially protected under section 9(4)(b) and (c) and (5). 26 Smooth snake (Coronella austriaca) and Sand lizard (Lacerta agilis) are the only reptiles to be designated as European Protected Species. 27 All 6 reptile species are listed as Species of Principal Importance in England listed under Section 41 of the NERC Act 2006 and 5 species, excluding smooth snake, listed under Section 7 of the Environment (Wales) Act (2016) http://www.legislation.gov.uk/ukpga/2006/16/contents. 28 To view the current list of UK BAP priority herptile species visit: http://jncc.defra.gov.uk/page-5166 [Accessed July 2017]. 29 The four common reptile species, Adder (Vipera berus), Grass snake (Natrix natrix), Common lizard (Zootoca vivipara) and Slow worm (Anguis fragilis) are offered partial protection under section 9(5). The rarer UK reptile species (Smooth snake (Coronella austriaca) and Sand lizard (Lacerta agilis)) are partially protected under section 9(4)(b) and (c) and (5). 30 Common frog (Rana temporaria), Common toad (Bufo bufo), Smooth newt (Lissotriton vulgaris) and Palmate newt (Lissotriton helveticus) are offered partial protection under section 9(5). Great crested newt (Triturus cristatus) and Natterjack toad (Epidalea calamita) are offered partial protection under section 9(4)(b) and (c) and (5). Pool frog (Pelophylax lessonae) is offered partial protection under section 9(4)(b) and (c)(1) only and with respect to England only. 31 Great crested newt, Natterjack toad and Pool frog are the only amphibians to be designated European Protected Species. 32 Great crested newt is the only amphibian listed on Annex II of the Habitats Directive. 33 Great crested newt, Natterjack toad and Common toad are listed as Species of Principal Importance in England in Section 41 of the NERC Act 2006 and under Section 7 of the Environment (Wales) Act (2016) http://www.legislation.gov.uk/ukpga/2006/16/contents.

Table A:1: Key Species and National Wildlife Legislation, Policy and Biodiversity Framework Applicable in England & Wales

Species Legislation, Planning Policy and UK Biodiversity Framework

Wildlife and Countryside Act 1981 (as The Conservation of /Habitats and Species Regulations Natural Environment The Protection of The UK Post-2010 amended), (WCA) 2010 (as amended) (Habitats Regulations) - Regulation and Rural Communities Badgers Act 1992 Biodiversity Framework 41 (NERC) Act 2006 / The 2011-2020 (JNCC and Environment(Wales) Act DEFRA, 2012) (2016) Schedule Schedule 5 Schedul Schedule 9 European Protected Species (Annex IV of the EC 1 e 8 Habitats Directive),

White- ✓ ✓35 ✓  ✓ clawed 34(partial Crayfish ) Invertebrates ✓ ✓ ✓ ✓39  ✓40 36(full/par 37,38   t) Fish ✓41 ✓9 ✓ ✓44  ✓45 (full/part)  42,43   Plants  ✓46 ✓9 ✓ ✓  ✓  47,48 49 50

34 Under the Wildlife and Countryside Act it is illegal to take or sell white clawed crayfish under the WCA. A licence is required to survey (hand net or trap) for the species. To undertake work within WCC inhabited rivers a Class Licence maybe issued by the relevant authority to move WCC away from harm prior to works. Although WCC are not protected from killing or injury Natural England state in their Class licence that due to declining numbers all efforts should be made to conserve the species. 35 White clawed crayfish are listed under Annex II and V of the Habitats Directive. 36 To view the current list of invertebrates that are protected under this Act either in part or full visit: http://www.legislation.gov.uk/ukpga/1981/69/schedule/5 [Accessed July 2017]. 37 The Large blue butterfly (Maculinea arion), Fisher’s estuarine moth (Gortyna borelii lunata) and Lesser whirlpool ram’s-horn snail (Anisus vorticulus) are the only invertebrates to be designated European Protected Species. 38 There are currently twelve invertebrates listed in Annex II of the Habitats Directive; White-clawed crayfish (Austropotamobius pallipes), Southern damselfly (Coenagrion mercuriale), Marsh fritillary butterfly (Eurodryas aurinia), Violet click beetle (Limoniscus violaceus), Stag beetle (Lucanus cervus), Freshwater pearl mussel (Margaritifera margaritifera), Narrow-mouthed whorl snail (Vertigo angustior), Round-mouthed whorl snail (Vertigo genesii), Geyer’s whorl snail (Vertigo geyeri), Desmoulin’s whorl snail (Vertigo moulinsiana), Lesser whirlpool ram’s-horn snail (Anisus vorticulus) and Fisher’s estuarine moth (Gortyna borelii lunata). 39 There are currently 379 invertebrate species (not including marine species) listed as Species of Principal Importance in England http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=4&ved=0ahUKEwivvu7J9trSAhXiCsAKHX4TBGcQFggvMAM&url=http%3A%2F%2Fpublications.naturalengland.org.uk%2Ffile%2F6518755878240256&usg=AFQjCNEpiUWYuOqhVcf SDvi_3iK2TJytfQ and 188 species in Wales http://www.eryri-npa.gov.uk/__data/assets/pdf_file/0003/486156/SpeciesList.pdf listed under Section 41 of the NERC Act 2006 and listed under Section 7 of the of the Environment (Wales) Act 2016. [Accessed July 2017] 40 To view the current list of UK BAP priority invertebrates visit: http://jncc.defra.gov.uk/page-5169 [Accessed July 2017]. 41 To view the current list of fish either part or fully protected under the Act visit: http://www.legislation.gov.uk/ukpga/1981/69/schedule/5 [Accessed July 2017]. 42 Sturgeon (Acipenser sturio) is the only fish to be designated a European Protected Species. 43 There are eight fish species listed on Annex II of the Habitats Directive. To view the current list visit: http://jncc.defra.gov.uk/page-1523 [Accessed July 2017 ]. 44 There are 35 species of fish listed as Species of Principal Importance in England listed under Section 41 of the NERC Act 2006 and 10 species in Wales listed under Section 7 of the Environment (Wales) Act 2016. 45 To view the current list of UK BAP priority fish visit: http://jncc.defra.gov.uk/page-5164 [Accessed July 2017 ]. 46 To view the current list of Schedule 8 listed plants visit: http://www.legislation.gov.uk/ukpga/1981/69/schedule/8 [Accessed July 2017 ]. 47 There are nine plant species designated as European Protected Species. To view the current list visit: http://www.legislation.gov.uk/uksi/2010/490/schedule/5/made [Accessed July 2017 ]. 48 To view the current list of plant species on Annex II of the Habitats Directive visit: http://jncc.defra.gov.uk/page-1523 [Accessed July 2017 ]. 49 There are currently 152 vascular plants listed as Species of Principal Importance in England listed under Section 41 of the NERC Act 2006 and 77 species in Wales listed under Section 7 of the Environment (Wales) Act 2016.31 To view the current list of UK BAP priority plants visit: http://jncc.defra.gov.uk/page-5171 and http://jncc.defra.gov.uk/page-5168 [Accessed July 2017 ]. 50 To view the current list of UK BAP priority plants visit: http://jncc.defra.gov.uk/page-5171 and http://jncc.defra.gov.uk/page-5168 [Accessed July 2017 ].

Appendix B SUMMARY OF ECOLOGICAL DESK STUDY DATA

Protected and notable species (excluding bats and birds) for which records have been identified within 1 km Species common Species Latin name No. of records Legal / Conservation name Status 51 Amphibian Common Toad Bufo bufo 2 NERC s.41, LBAP Invertebrates Knot Grass Acronicta rumicis 1 NERC s.41, LBAP Scarce Alder Slender Caloptilia 1 Medium priority falconipennella Black-stigma Case- Coleophora 1 Medium priority bearer hemerobiella Southern Dwarf Cosmiotes stabilella 1 Medium priority Dusky Thorn Ennomos fuscantaria 1 NERC s.41, LBAP Butterbur Hydraecia petasitis 2 Very locally restricted Scarce Cosmet Mompha jurassicella 1 Medium priority Horehound Long-horn Nemophora fasciella 1 NERC s.41 Straw Obscure Oegoconia caradjai 1 Notable Shaded Broad-bar Scotopteryx 1 NERC s.41 chenopodiata Shaded Broad-bar Scotopteryx 1 NERC, UKBAP, LBAP chenopodiata Blood-Vein Timandra comae 1 NERC s.41, LBAP Cinnabar Tyria jacobaeae 4 NERC s.41, LBA{ Melanogaster aerosa Melanogaster aerosa 1 Notable Pipizella virens Pipizella virens 7 Notable Banded General Stratiomys potamida 1 Notable Volucella inanis Volucella inanis 2 Notable Volucella inflata Volucella inflata 2 Notable Volucella zonaria Volucella zonaria 2 Notable Mammals European Otter Lutra lutra 1 NERC s.41, LBAP, W&C Eurasian Badger Meles meles 2 Protection of Badgers Act (1992) Plants Scots Pine Pinus sylvestris 1 Brown Bent Agrostis vinealis 1 Locally rare Smooth Brome Bromus racemosus 2 Locally scarce

51 W&C = Wildlife and Countryside Act (1981), NERC = Schedule 41 Natural Environment and Rural Communities Act (2006), LBAP = Local Biodiversity Action Plan

Species common Species Latin name No. of records Legal / Conservation name Status 51 Climbing Corydalis Ceratocapnos 4 Locally rare claviculata Wavy Hair-grass Deschampsia flexuosa 3 Locally scarce Cross-leaved Heath Erica tetralix 1 Locally rare Bluebell Hyacinthoides non- 5 W&C scripta Marsh Pennywort Hydrocotyle vulgaris 2 Locally scarce Jacob's-ladder Polemonium 1 caeruleum Knotted Pearlwort Sagina nodosa 2 Locally scarce Marsh Thyme-moss Plagiomnium 1 ellipticum Reptiles Grass Snake Natrix natrix 2 NERC s.41, W&C Common Lizard Zootoca vivipara 1 NERC s.41, W&C Protected bats for which records have been identified within 5km Species common Species Latin name No. of records Legal / Conservation name Status 52 Barbastelle Barbastella 1 NERC s.41, W & C, barbastellus HabReg, LBAP Brown long-eared Plecotus auritus 15 NERC s.41, W & C, bat HabReg, LBAP, Common Pipistrelle Pipistrellus pipistrellus 9 NERC s.41, W & C, HabReg Daubenton's bat Myotis daubentonii 2 NERC s.41, W & C, HabReg Leisler's bat Nyctalus leisleri 1 NERC s.41, W & C, HabReg Noctule Nyctalus noctula 5 NERC s.41, W & C, HabReg Pipistrelle Pipistrellus sp. 13 NERC s.41, W & C, HabReg Soprano pipistrelle Pipistrellus pygmaeus 4 NERC s.41, W & C, HabReg, LBAP Whiskered bat Myotis mystacinus 1 NERC s.41, W & C, HabReg

52 HabReg = Conservation of Habitats and Species Regulations (2010), W&C = Wildlife and Countryside Act (1981)

Protected and notable birds for which records have been identified within 2km Species common Species Latin name No. of records Legal / Conservation name Status 53 Lesser Redpoll Acanthis cabaret 1 NERC s.41, Red listed Kingfisher Alcedo atthis 1 W&C, Amber listed Mallard Anas platyrhynchos 1 Amber listed Black-headed Gull Chroicocephalus 1 Amber listed ridibundus Hen Harrier Circus cyaneus 1 NERC s.41, W&C, Red listed House Martin Delichon urbicum 1 Amber listed Yellowhammer Emberiza citrinella 2 NERC s.41, Red listed Reed Bunting Emberiza schoeniclus 1 NERC s.41, LBAP Amber listed Kestrel Falco tinnunculus 2 Amber listed Linnet Linaria cannabina 1 NERC s.41, Red listed House Sparrow Passer domesticus 3 NERC s.41, LBAP Red listed Dunnock Prunella modularis 3 NERC s.41, LBAP Amber listed Bullfinch Pyrrhula pyrrhula 1 NERC s.41, LBAP, Amber listed Woodcock Scolopax rusticola 1 Red listed Red Kite Milvus milvus 2 W&C Redwing Turdus iliacus 2 W&C, Red listed Song Thrush Turdus philomelos 2 NERC s.41, LBAP, Red listed Fieldfare Turdus pilaris 2 W&C, Red listed Lapwing Vanellus vanellus 1 NERC s.41, LBAP, Red listed Invasive plant species for which records have been identified within 2 km Species common Species Latin No. of records Status50 name name Parrot's-feather Myriophyllum 2 Sch 9 aquaticum Japanese Knotweed Fallopia japonica 1 Sch 9 New Zealand Crassula helmsii 1 Sch 9 Pigmyweed

53 W&C = Wildlife and Countryside Act (1981), NERC = Schedule 41 Natural Environment and Rural Communities Act (2006), LBAP = Local Biodiversity Action Plan, BoCC Red = Birds of Conservation Concern Red List, BoCC Amber = Birds of Conservation Amber List, Sch 9=Schedule 9 Part 2 Wildlife and Countryside Act (1981).

Appendix C

PLANT SPECIES RECORDED

Common name Latin name Frequency (DAFOR) Amenity grassland Perennial rye-grass Lolium perenne D White clover Trifolium repens F Arable Wheat Triticum sp. D Broad-leaved plantation woodland Ash (saplings) Fraxinus excelsior F Garlic mustard Alliaria petiolata F Poplar Populus sp. D Sycamore Acer pseudoplatinus F Broad-leaved semi-natural woodland Canopy Ash Fraxinus excelsior O Beech Fagus sylvatica O Silver birch Betula pendula O Small-leaved lime Tillia cordata R Sycamore Acer pseudoplatinus O Willow Salix sp. O Understorey Common hornbeam Carpinus betulus R Hazel Coryllus avellana O Ground flora Dog’s-mercury Mercurialis perennis O Common nettle Urtica dioica A Bramble Rubus fructicosus agg. A Willowherb Epilobium sp. O Wood-avens Geum urbanum R Hedgerow Blackthorn Prunus spinosa O Crab apple Malus sylvestris O Dog-rose Rosa canina R Elder Sambucus nigra O Field maple Acer campestre O Hawthorn Crataegus monogyna A Honeysuckle Lonicera periclymenum R Ivy Hedera helix O Pedunculate oak Quercus robur R Improved grassland Broad-leaved dock Rumex obtusifolius O Creeping thistle Cirsium arvense O Perennial rye-grass Lolium perenne D Spear thistle Cirsium vulgare O Common nettle Urtica dioica O Marginal vegetation Lesser burdock Arctium minus O Meadow crane’s-bill Gerenium pratense O Meadowsweet Fillependula ulmaria F Sweet-grass Glyceria sp. D Scattered scrub Blackthorn Prunus spinosa D Hawthorn Crataegus monogyna O

Scattered trees Beech Fagus sylvatica O Holly Ilex aquifolium R Pedunculate oak Quercus robur O Privet Ligustrum sp. R Sycamore Acer pseudoplatinus O Willow Salix sp. O Semi-improved neutral grassland Common bent Agrostis capillaris F Cock’s-foot Dactylis glomerata A Common ragwort Senecio jacobaea O Common teasel Dispacus follanum R Common toadflax Linaria vulgaris R Creeping cinquefoil Potentilla reptans O False oat-grass Arrhenatherum elatius A Lady’s bedstraw Galium verum R Red fescue Festuca rubra R Ribwort plantain Plantago lanceolata O Yarrow Achillea millefolium O Yorkshire fog Holcus lanatus O Standing water Broad-leaved dock Rumex obtusiflorus O Reedmace Typha latifolia D Willowherb Epilobium sp. O Tall ruderal Bindweed Calystegia sp. O Bracken Pteridium aquifolium A Bramble Rubus fructicosus agg. O Common hogweed Heracleum sphondylium O Common hornbeam Carpinus betulus R Creeping thistle Cirsium arvense O Creeping cinquefoil Potentilla reptans O False oat-grass Arrhenatherum elatius F Cleavers Galium aparine O Mugwort Artemesia vulgaris O Ribwort plantain Plantago lanceolata R Rosebay willowherb Chamerion angustifolium O Spear thistle Cirsium vulgare O Common nettle Urtica dioica F Woundwort Stachys sp. O Yarrow Achillea millefolium O Yorkshire fog Holcus lanatus O

Appendix D

TARGET NOTES

TN1. Mammal burrows, likely rabbits due droppings and size/shape of holes TN2. Mammal burrows, likely rabbits due droppings and size/shape of holes TN3. Brash pile, potential amphibian and reptile refugia TN4. Section of stream with marginal vegetation (water vole potential) TN5. Buzzard (or potentially other raptor) nest TN6. Compost and rubble piles, potential amphibian and reptile refugia TN7. Pond (mostly dry at time of survey). Likely created as an aesthetic feature associated with nearby housing development TN8. Stone wall (potential reptile/amphibian refugia) TN9. Ant hills (found throughout woodland and considered likely southern wood ant Formica rufa

Appendix E

PHOTOGRAPHS

Plate 1: Example of roadside hedgerows at the northern end of the Survey Area

Plate 2: Pump house located at north end of Site

Plate 3: Semi-improved grassland field with tall ruderal margin, adjacent to the stream at the north- eastern end of the Survey Area

Plate 4: Example of vegetated banks of the stream, at the north-eastern end of the Survey Area

Plate 5: Small area of broad-leaved woodland at north end of Site

Plate 6: Tall ruderal habitat in the centre of the Site

Plate 7: Example of arable land with grassland margin within the Survey Area (near Dallington Grange Farm)

Plate 8: Grassland of the floodplain grazing marsh habitat of the Survey Area

Plate 9: Vegetating compost heap, just south of Dallington Grange Farm

Plate 10: Vegetating rubble pile, just south of Dallington Grange Farm

Plate 11: Pond (mostly dry at the time of survey) at the western end of the Site)

Plate 12: Area of amenity habitat by the pond (above)