A27 Arundel Bypass Stage 2 - Environmental Assessment Report Chapter 8 – Biodiversity ENVIRONMENTAL ASSESSMENT REPORT – BIODIVERSITY CHAPTER Notice This document is the Biodiversity chapter from the Environmental Assessment Report (EAR) for Project Control Framework (PCF) Stage 2 of the A27 Arundel Bypass Scheme ('the Scheme'), completed in May 2018. Three design options for the Scheme (Option 1, Option 3 and Option 5A) were being considered at this time. Following a Preferred Route Announcement for the Scheme in May 2018, Highways England announced a further non-statutory public consultation to be undertaken in 2019. This resulted in the scheme returning to PCF Stage 2. New documents will be completed as a part of this Stage that will consider design developments and any other evidence available. A27 Arundel Bypass Chapter 8 – Biodiversity 8 BIODIVERSITY 8.1 INTRODUCTION 8.1.1 This biodiversity chapter provides an ecological impact assessment of the A27 Arundel Bypass upon designated sites, habitats and species. Likely significant effects associated with each Scheme Option (Option 1, Option 3 and Option 5A) are assessed and discussed. A comparison of the three Scheme Options against one another, in respect of relative magnitude of ecological impact, is presented. This analysis is required by Highway England to inform selection of a preferred route option. 8.1.2 The ecological impact assessment considers Important Ecological Features within appropriate study areas measured from the edge of the preliminary footprint of each of the three Scheme Options. Study areas have been selected with respect to the features considered to allow possible direct and indirect impacts to be fully accounted for, and are described in Section 8.2. 8.1.3 The assessment is based on desk study and field survey information presented in the PCF Stage 1 Environmental Study Report. In addition, it includes desk study information gathered in 2017 provided by the Mid-Arun Valley Environmental Survey based on their surveys undertaken between 2015 and 2017. 8.1.4 A range of habitat, protected and notable species surveys are being undertaken by Highways England between February 2017 and August 2018. Appendix E summarises methods for ecological surveys being undertaken in 2017/2018 and key preliminary findings. Detailed survey findings from 2017/2018 surveys will be presented at PCF Stage 3, however, preliminary findings have been incorporated into this assessment. 8.1.5 The Ordnance Survey 1:25,000 series map has been used to reference individual place names in this chapter (for example, Paine’s Wood, Barn’s Copse, Tortington Common etc.). Where place names need to be referenced that do not correspond to those published by the Ordnance Survey, the location name given is accompanied by a National Grid reference (e.g. Sandy Hole Pond, National Grid reference SU9819106947). An eight or ten figure grid reference is provided where the ecological feature may be pin-pointed precisely; a six figure grid reference is provided where the feature is a broader area. Place names commonly referred to in the text are also mapped in Figure 8-1. 8.2 LEGISLATIVE AND POLICY FRAMEWORK EU DIRECTIVES AND INTERNATIONAL CONVENTIONS WILD BIRDS DIRECTIVE 2009/147/EC 8.2.1 This directive creates a comprehensive scheme of protection for all wild bird species naturally occurring in the European Union. The Directive places great emphasis on the protection of habitats for endangered as well as migratory species, especially through the establishment of a coherent network of Special Protection Areas. HABITATS DIRECTIVE 92/43/EEC 8.2.2 Together with the Birds Directive, this Directive forms the cornerstone of Europe's nature conservation policy. It is built around two pillars: network of protected sites and system of strict species protection. This directive provides for the establishment of a network of Special Areas for Conservation. 8-1 A27 Arundel Bypass Chapter 8 – Biodiversity WATER FRAMEWORK DIRECTIVE 2000/60/EC 8.2.3 The Directive establishes a framework for the protection of inland surface waters (rivers and lakes), transitional waters (estuaries), coastal waters and groundwater. ENVIRONMENTAL IMPACT ASSESSMENT DIRECTIVE 2011/92/EU 8.2.4 The Directive requires Environmental Impact Assessment to be undertaken in relation to a wide range of defined public and private projects, which are defined in Annexes I and II. UK AND ENGLISH LEGISLATION FRAMEWORK 8.2.5 A number of statutes exist to ensure direct and indirect protection of England’s habitats and species. Those with direct relevance are summarised in this section THE CONSERVATION OF HABITATS AND SPECIES REGULATIONS 2017 8.2.6 The Regulations which implement the Habitats Directive (EC Directive 92/43/EEC) in the United Kingdom require those consenting a development (in the case of the Scheme, the competent authority is the Secretary of State for Transport) to decide whether or not a plan or project can proceed having undertaken the an ‘appropriate assessment’ which: Determines whether a project may have a significant effect on a European site1; If required, undertake an appropriate assessment of the project; and Decide whether there may be an adverse effect on the integrity of the European site in light of the appropriate assessment. 8.2.7 The Regulations also require those proposing a development that may negatively impact a European Protected Species of plant or animal (those listed on Schedule 2 of the Regulations/Annex IV of the EC Habitats Directive) to pass three licensing tests which are regulated by Natural England: The impact is necessary for imperative reasons of overriding public interest including those of a social or economic nature (Regulation 55, Section 2e); There is no satisfactory alternative to the proposed development (Regulation 55, Section 9a); and That the development will not be detrimental to the maintenance of the species concerned at a favourable conservation status in their natural range (Regulation 55, Section 9b). 8.2.8 All species of bat, hazel dormouse (Muscardinus avellenarius), great crested newt (Triturus cristatus), lesser whirlpool ram’s-horn snail (Anisus vorticulus), otter (Lutra lutra) and white clawed crayfish (Austropotamobius pallipes) are all examples of European Protected Species which are considered in this assessment. Hazel dormouse and numerous species of bat have been confirmed as present in the Field Survey Area (see Section 8.4 Baseline). WILDLIFE AND COUNTRYSIDE ACT 1981 8.2.9 This is the primary legislation in Great Britain for the protection of flora, fauna and the countryside. This legislation covers four areas: 1 European sites include: Special Areas of Conservation, Special Protection Areas, sites of Community importance (SCIs), and candidate SACs. As a matter of Government policy, potential Special Protection Areas and Ramsar sites are also treated as European sites. 8-2 A27 Arundel Bypass Chapter 8 – Biodiversity Wildlife protection, including protection of wild birds, their eggs and nests, protection of other animal and protection of plants; Nature Conservation, Countryside & National Parks; Public Rights of Way; and Miscellaneous provisions. THE COUNTRYSIDE AND RIGHTS OF WAY ACT 2000 8.2.10 The Act places a duty on Government Departments and the National Assembly for Wales to have regard for the conservation of biodiversity and maintain lists of species and habitats for which conservation steps should be taken or promoted, in accordance with the Convention on Biological Diversity. 8.2.11 Schedule 9 of the Act amends SSSI provisions of the Wildlife and Countryside Act 1981, including provisions to change SSSIs and providing increased powers for their protection and management. 8.2.12 Schedule 12 of the Act amends the species provisions of the Wildlife and Countryside Act 1981, strengthening the legal protection for threatened species. THE NATURAL ENVIRONMENT AND RURAL COMMUNITIES ACT 2006 8.2.13 The Act was designed to help achieve a rich and diverse natural environment and thriving rural communities through modernised and simplified arrangements for delivering Government policy. The Act established a new independent body - Natural England - responsible for conserving, enhancing, and managing England's natural environment for the benefit of current and future generations. The Act made amendments to both the Wildlife and Countryside Act 1981 and the Countryside and Rights of Way (CROW) Act 2000. 8.2.14 Section 40 of the Act imposes a duty on public authorities, including Highways England, which is that: “In exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity.” 8.2.15 Section 41 of the Act requires the Secretary of State to: “publish a list of the living organisms and types of habitat which in the Secretary of State's opinion are of principal importance for the purpose of conserving biodiversity.” These are alternative referred to as Habitats/Species of Principal Importance. THE NATIONAL PARKS AND ACCESS TO THE COUNTRYSIDE ACT 1949 8.2.16 In England and Wales National Parks and Areas of Outstanding Natural Beauty are designated under the National Parks and Access to the Countryside Act 1949. The purposes of designation for National Parks are to: Conserve and enhance their natural beauty, wildlife and cultural heritage and Promote public understanding and enjoyment of their special qualities. 8.2.17 All the national parks in England, Wales and Scotland have an aim