Land at Shilo Park near Cossall in

Ecological Walk-over Survey

A report to:

Stansfield Co. Scotland Farm Far Lane Ockbrook Derbyshire DE72 3RX

By:

EMEC Ecology The Old Ragged School Brook Street NG1 1EA

Tel: 0115 964 4828 Fax: 0115 964 4829 E-mail: [email protected] Website: www.emec-ecology.co.uk

May 2013 Land at Shilo Park near Cossall in Nottinghamshire Ecological Walk-over Survey

CONTENTS Chapter Page No.

Executive Summary 3

1. Introduction 5

2. Site Description 5

3. Methodology 6 3.1 Desk Study 6 3.2 Ecological Survey 6 3.3 Ecological Evaluation Criteria 7 3.4 Mitigation Measures 7

4. Results 8 4.1 Desk Study 8 4.2 Ecological Walk-over Survey 10

5. Evaluation 14 5.1 Designated Nature Conservation Sites 14 5.2 Habitats 14 5.3 Protected/notable Species 15 5.4 Summary of Main Potential Ecological Issues 16

6. Mitigation, Compensation & Further Survey Recommendations 16 6.1 Mitigation Recommendations 16 6.2 Compensation Recommendations 17 6.3 Further Survey 17

References 18

Appendix 1: Figures 19 Figure 1: Site Location Plan 19 Figure 2: Survey Area, Survey Features and Target Notes 20 Appendix 2: Protected Species Legislation 21 Appendix 3: Botanical Species List 23 Appendix 4: Suitable Species for Planting or Sowing 25 Appendix 5: Desk Study Data 27

2 Prepared by EMEC Ecology Tel: 0115 964 4828 Land at Shilo Park near Cossall in Nottinghamshire Ecological Walk-over Survey

EXECUTIVE SUMMARY

Proposed Works The proposed works involve the redevelopment of a disused industrial site near Cossall in Nottinghamshire.

Method of Study EMEC Ecology’s brief was to identify potential ecological issues associated with the proposed work and make recommendations for general mitigation, compensation and further surveys, as appropriate. To meet the requirements of the brief, a desk study, an ecological walk-over survey of the site and a daytime bat survey of two buildings were carried out. The desk study involved consulting various organisations to provide previous species records and information on designated sites of nature conservation importance from the site and vicinity.

Results  Three nature conservation sites occur within very close vicinity of the survey area. Nottingham Canal (Awsworth and Cossall) SSSI is situated immediately adjacent to the south-west boundary of the survey area and Cossall Marsh Grassland LWS occurs only 10m beyond the southern boundary. In addition, Nottingham Canal Rough Grassland LWS occurs 25m to the south-west.  Habitats recorded within the survey area ranged from moderate (‘Parish’) value to low (‘Sub- parish’) value.  The earth mounds and rubble piles within the survey area provide potential hibernation and sheltering opportunities for amphibians and reptiles.  Two ponds occur within 200m of the site boundaries.  The scrub on site provides potential bird nesting and foraging habitat.  Recent records of water vole exist for Nottingham Canal LWS, adjacent to the site boundary.

Conclusions The main potential impacts of the proposed works are considered to be disturbance to amphibians, reptiles, water vole, otter and nesting birds, as well as the loss of relatively species-rich grassland.

Mitigation Recommendations  Please refer to Sections 6.1, 6.2 and 6.3 of the report for more detailed recommendations.  Vegetation clearance should be kept to a minimum. This should include areas of meadow grassland, trees and shrubs, being incorporated into a landscaping scheme in the new development.  Environment Agency guidelines for working within the vicinity of a watercourse (e.g. Pollution Prevention Guidance Note 5 ‘Construction within and adjacent to watercourses’) should be adhered to.  Best practice includes capping off at night any pipes over 200mm diameter, to prevent badgers or other animals entering; and placing ramps or scaffold boards or leaving sloping ends in any trenches to ensure animals that fall in can escape.  Any clearance of woody vegetation, should be timed to avoid the bird breeding season, which runs from March to September (inclusive).  A 10m buffer zone must be maintained between the proposed working area and the banks of Nottingham Canal LWS.

Compensation Recommendations As the grassland within the site will be lost, it is recommended that a landscaping scheme be created for the new development. This should include areas of species-rich native meadow, as well as native tree and shrub planting.

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Further Survey

Amphibians In order to mitigate for the potential disturbance to great crested newts, it will be necessary to assess the two ponds within close vicinity of the survey area (illustrated below) for their potential to support great crested newts. If either of the ponds are considered to offer suitable habitat for the species, full great crested newt surveys will be required. Presence/absence survey can be undertaken from mid-March to mid-June. Four site visits in suitable weather conditions would be required, with at least two of these visits between mid-April and mid-May. If great crested newts are recorded, an additional two site visits would be required to establish an estimate of population size. Based on the survey outcome, appropriate action can be taken.

Reptiles In order to ascertain whether reptiles are present on the site and, if so, avoid any adverse impacts to the populations present by informing mitigation and enhancement measures, a reptile survey will be required prior to works commencing. A reptile survey requires the deployment of artificial refuges across areas of suitable habitat, and these refuges need to be checked on seven occasions during suitable weather conditions, in April/May or in September, to establish presence/absence of reptiles.

Water Vole and Otter If it becomes necessary to work within 10m of the banks of Nottingham Canal, a water vole and otter survey will be necessary prior to works commencing. The water vole survey will record the following signs: burrows, latrines, feeding remains, runs in the vegetation, grazed ‘lawns’ and actual sightings. The ideal time to carry out the survey is during the water vole breeding season which runs from late March to October (temperature dependent). Whilst water voles are breeding they are highly active and mark their territory with conspicuous piles of droppings, called latrines. An otter survey records actual sightings and otter spraints, footprints, feeding remains and potential holts and resting sites. Surveys for field signs of otter can be carried out throughout the year.

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1. INTRODUCTION

1.1 This report has been prepared by EMEC Ecology for Robert Oxley. It provides the details of a desk study and an ecological walk-over survey of an area of land where redevelopment is proposed. The redevelopment will involve the demolition of two buildings on site; a portakabin and a steel framed barn.

1.2 The survey area is centred on grid reference SK 477 430 and is situated just outside Cossall in Nottinghamshire. The location of the site is shown on Figure 1 in Appendix 1.

1.3 EMEC Ecology’s brief was to identify potential ecological issues associated with the works and make recommendations for general mitigation, compensation and further surveys, as appropriate.

1.4 To meet the requirements of the brief, a desk study, an ecological walk-over survey of the site and a daytime bat survey of the buildings were carried out by suitably qualified ecologists.

2. SITE DESCRIPTION

2.1 Photographs of the survey area are provided in within the text. The survey area comprises of a currently disused industrial site situated off the A6096, just south of Cossall Common. The site comprises of hardstanding which is becoming colonised with vegetation and a number of rubble piles occur within the site. The site boundary is denoted by metal and timber fencing.

2.2 The survey area is situated within a semi-rural landscape comprising mainly grassland with mature hedgerows and trees. The Nottingham Canal runs along the south-west boundary of the site and the River Erewash lies 400m to the north-east.

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3. METHODOLOGY

3.1 Desk Study

This involved consultation to obtain any existing records of protected and/or notable species and designated nature conservation sites e.g. Sites of Special Scientific Interest (SSSI) and Local Wildlife Sites (LWS) from the site to a distance of approximately 2km (this will be referred to as the ‘study area’). As the site is located within Nottinghamshire albeit close to the Derbyshire county boundary, the following organisations were contacted:

 Nottinghamshire Wildlife Trust  Nottingham Biological and Geological Records Centre  Derbyshire Wildlife Trust  Multi-Agency Geographic Information for the Countryside (Magic web site for statutory nature conservation sites).  National Biodiversity Network (nbn web site for protected species distribution).

3.2 Ecological Survey

3.2.1 Ecological Walk-over Survey An ecological walk-over survey of the survey area was conducted and notes were made on the Phase-1 habitat types present (JNCC 2010) and their suitability for protected species. Target notes were used to record any habitats or features of particular interest and any sightings, signs or evidence of protected or notable faunal species or any potential habitat for such species, as detailed below:

 The suitability of habitats for badgers (Meles meles) was recorded and any evidence of badgers including setts, dung pits, badger paths, hairs, bedding, footprints and scratching trees was noted.

 The suitability of habitats was assessed for amphibians (including great crested newt Triturus cristatus) and reptiles.

 The suitability of habitats was assessed for nesting birds.

3.2.3 Daytime Bat Survey The two buildings were surveyed for the following signs of bats: droppings, feeding remains, scratch marks, urine stains and actual sightings, as well as potential access points and roost sites such as holes, cracks and crevices. Both the interior and the exterior of the buildings were surveyed. High-powered torches were used to inspect internal and external features.

3.2.4 Survey Details EMEC Ecology carried out the above surveys on 23rd May 2013.

3.2.5 Survey Limitations Only a brief assessment of the site was made and no systematic surveys to establish the presence/absence of protected species were undertaken (with the exception of the bat survey of the buildings). As such, a lack of evidence of a protected species does not

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necessarily indicate an absence of the species. It should be noted that a single visit to a site at any time of year is likely to miss a proportion of the plant species present.

3.3 Ecological Evaluation Criteria

Ecological evaluation was undertaken using a combination of evaluation criteria for both habitats and species although the general framework follows that provided by the Institute of Ecology and Environmental Management (IEEM 2006). Key categories are as follows:  International value (internationally designated sites or sites supporting populations of internationally important species);

 National value (nationally designated sites (e.g. SSSI) or sites supporting viable populations of nationally important species);

 Regional value (sites exceeding county-level designations but not meeting SSSI criteria or supporting viable populations of species on the regional Biodiversity Action Plan, BAP);

 County value (county sites (e.g. Local Wildlife Site) and other sites which meet the published ecological selection criteria for county designation, a viable area of habitat identified on the county BAP);

 District value (sites/features that are scarce within the District and appreciably enrich the District’s habitat resource);

 Parish value (areas of habitat considered to appreciably enrich the habitat resource within the context of a parish or neighbourhood);

 Sub-parish value (common, low grade habitats).

Additional criteria employed were from the following:

 Schedules and Annexes of UK and European wildlife legislation (e.g. Wildlife and Countryside Act (1981) (as amended) and The Conservation of Habitats and Species Regulations 2010 (as amended);

 International conventions on wildlife (e.g. Bern Convention, Bonn convention);

 Habitats and Species of Principal Biological Importance listed on Section 41 of the Natural Environment and Rural Communities Act (2006);

 UK Biodiversity Action Plan (UK BAP 2007);

 County Biodiversity Action Plan (Nottinghamshire BAG 1998);

 Taxa-specific conservation lists (e.g. RSPB Lists of species of conservation concern, RSPB 2009).

3.4 Mitigation Measures

Wherever possible, mitigation measures have been proposed for adverse ecological effects.

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4. RESULTS

4.1 Desk Study1

4.1.1 Designated Nature Conservation Sites a) Statutory Sites There are two statutory nature conservation sites (i.e. SSSI/LNR) within the study area.

Nottingham Canal (Awsworth and Cossall) SSSI is situated immediately adjacent to the south-west boundary of the survey area. This is a species-rich disused canal designated for its botanical interest as well as its invertebrate diversity.

Robbinetts SSSI, is located 1.5km south-east of the survey area. This is a site with “a mosaic of grassland types including a particularly valuable acidic coal measures association”. b) Non-statutory Sites There are a total of twenty eight non-statutory sites (i.e. Local Wildlife Sites) within the study area. Those within 500m of the site are listed in Table 4.1.

Table 4.1: Summary of Non-statutory Nature Conservation Sites Occurring Within 500m of the Survey Area

Site Location and Approx. Description Distance from Survey Area Cossall Marsh Grassland 10m south A field containing noteworthy grassland LWS and a pond. Nottingham Canal Rough 25m south A diverse grassland with notable species Grassland LWS adjacent to the canal. Bennerley Flash LWS 300m north-west Important bird assemblage. Bennerley Wet Grassland 400m north A wet grassland pasture of note by the LWS River Erewash. Cossal Marsh LWS 430m west Water vole population. Cossall Marsh Bank LWS 460m south-east A remnant of species-rich coal measures type grassland.

4.1.2 Protected/notable Floral Species There are no records of protected or notable floral species from within the survey area.

4.1.3 Protected/notable Faunal Species There are no previous records of protected or notable species for the survey area; however, there are records of great crested newt (Triturus cristatus), water vole (Arvicola amphibius), bats and reptiles from within the study area (see Table 4.2 below). Protected species legislation details are provided in Appendix 2.

1 A copy of the full desk study data is provided in Appendix 5.

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Table 4.2: Protected Faunal Species within the Study Area

Species Record and Location and Approximate Distance from Legislation / Year Survey Area Conservation Status Great Crested Newt Great crested Numerous Records from within 1km: Fully protected under UK newt records from SK 472 440; Bennerley Coal Processing Plant and European legislation. (Triturus cristatus) from between and Grassland LWS; 1km north – 4 records UK and County BAP 1995 and 2010 from this site between 2003 and 2005. Priority Species. SK 47 43; Bennerley Marsh; at least 400m north. SK 474 426; Railway ditch near Awsworth Bypass; 490m south-west. SK 473 427; Station St., ; 500m south- west. SK 472 427; Bennerley Stocking Yard; 850m north-west. Common Amphibians Smooth newt Six records SK 472 400; Bennerley Coal Processing Plant Protected from sale under (Triturus vulgaris) since 2000 and Grassland LWS; 1km north – 5 records UK legislation. SoCC in from this site between 2003 and 2005. Nottinghamshire. SK 477 441; Awsworth; 1km north. Common toad Record from SK 47 44; toad tunnels installed under new (Bufo bufo) 1995 bypass. Migration route to Notts Canal. 880m north. Mammals Otter (Lutra Record from SK 472 438; Bennerley Marsh (spraint by river); Animal and resting places lutra) 2007 770m north. fully protected under UK and European legislation. UK and County BAP Priority Species. Water vole Numerous Numerous records from River Erewash and Fully protected under UK (Arvicola records from Nottingham Canal. Closest record from 2000 Legislation. amphibius) 1998 to 2012 and 2002: SK 478 430; immediately adjacent to UK and County BAP the southern site boundary. Priority Species. One record from 2012; SK 478 422; Nottingham Canal; 700m south. Unidentified bat One roost SK 482 441: Main Street Awsworth; 1km Fully protected under UK record from north-east. and European legislation. 2002 Numerous roost records from Kirk Hallam, Ilkeston and Cotmanhay; over 1km away. Natterer’s bat Casual record SK 481 432: Old Railway Bridge, Cossall (due (Myotis nattereri) from 1995 for demolition); 300m east.

Pipistrelle bat Three roost 2004 and 1987: SK 481 431; Awsworth Lane, (Pipistrellus spp.) records from Cossall; 270m east. between 1987 2002: SK 482 443; Meadow Road, Awsworth; and 2004. 1km north. Numerous 1987: SK 479 441; Park Avenue, Awsworth; further casual 980m north. records. Numerous roost records from Kirk Hallam, Ilkeston and Cotmanhay; over 1km away. Reptiles Grass snake Numerous Records from within 1km: Partially protected under (Natrix natrix) records from SK 471 426; Belfield St., Ilkeston; 700m south- UK legislation. UK BAP between 1985 west. Priority species and SoCC and 2009 SK 474 426; Ilkeston Railway; 500m south- in Nottinghamshire. west.

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Species Record and Location and Approximate Distance from Legislation / Year Survey Area Conservation Status SK 469 429; Erewash Canal; 770m west. SK 470 423; Erewash Canal; 900m south-west. SK 473 439; Awsworth; 1km north. SK 47 43; Cossall; same 1km grid square as survey area, exact loc. not specified. SK 481 429; Cossall; 360m south-east.

4.2 Ecological Walk-over Survey

4.2.1 Habitat Types The following Phase-1 habitat types were recorded (on and immediately adjacent to the site):  Building  Dense scrub  Ephemeral/short perennial  Scattered broadleaved tree  Scattered scrub  Semi-improved neutral grassland  Tall ruderal

Habitat and target notes descriptions are provided below. Nomenclature follows that of Stace (1997). In the text species are referred to using their English names, Appendix 3 provides a list of species including their scientific names.

4.2.2 Habitat Descriptions a) Building Two buildings occurred within the survey area. The first of these was a portakabin-type building which had suffered fire damage. This was a prefabricated timber structure with a flat roof.

The second building on site was a steel-framed asbestos structure on a concrete base. The structure was in very poor repair with many of the asbestos panels having been removed, leaving a simple frame. Where panels remained on the roof, these were slightly pitched and comprised small skylights. Evidence of fire damage was noted internally.

Photograph showing the two buildings on site; the steel-framed building and the portakabin.

10 Prepared by EMEC Ecology Tel: 0115 964 4828 Land at Shilo Park near Cossall in Nottinghamshire Ecological Walk-over Survey b) Dense scrub A small area of dense scrub occurred adjacent to the portakabin and a further small area occurred in the south of the site. Species recorded included goat willow saplings, hawthorn and bramble. c) Ephemeral/short perennial The majority of the site was comprised of hardstanding which had become colonised with ephemeral/short perennial vegetation since its abandonment. Although vegetation had colonised some areas more than others, floral species were evident throughout. A number of floral species were recorded in this area including field forget-me-not, common ragwort, daisy, wild teasel, selfheal, creeping thistle, black medick, Yorkshire fog, dandelion, broadleaved willowherb, common mouse-ear, yarrow, spear thistle, common figwort, great mullein, rosebay willowherb and herb robert.

Ephemeral/short perennial vegetation d) Scattered broadleaved tree Scattered immature sycamore trees occurred along the western site boundary. e) Scattered scrub Scattered scrub occurred regularly throughout the grassland areas. Species recorded included bramble, dog-rose, hawthorn, flowering current and saplings of silver birch, goat willow, alder, oak, ash and sycamore.

11 Prepared by EMEC Ecology Tel: 0115 964 4828 Land at Shilo Park near Cossall in Nottinghamshire Ecological Walk-over Survey f) Semi-improved neutral grassland Areas of relatively species-rich neutral grassland occurred around the site boundaries. Species recorded included columbine, field forget-me-not, black medic, common figwort, selfheal, white clover, creeping buttercup, spear thistle, red fescue, spear thistle, hawkweed species, rosebay willowherb, wood sage, silver weed, red clover, bush vetch, foxglove, wood avens, colt’s-foot, barren strawberry, lady’s mantle, shining cranesbill, creeping cinquefoil, ribwort plantain, cow slip, herb robert, common senecio and common ragwort.

Neutral grassland around the site boundaries g) Tall ruderal Tall ruderal vegetation had colonised earth mounds within the grassland. Broadleaved willowherb, creeping thistle, common nettle, broadleaved dock, cock’s-foot, garlic mustard and wild teasel were recorded regularly. h) Adjacent Habitats Nottingham Canal, a Local Nature Reserve, occurs just outside the south-western boundary of the survey area. In addition, two ponds were identified from Ordnance Survey maps which lie within 500m of the survey area. These occur approximately 30m east and 160m south of the survey area.

4.2.4 Faunal Species a) Amphibians Although no ponds occur within the survey area, two were identified within close vicinity of the site boundaries. One occurs approximately 30m to the east of the survey area in a small area of dense scrub and the second occurs approximately 160m to the south, within Cossall Marsh Grassland LWS. These ponds have the potential to provide breeding habitat for amphibians, including the specially protected great crested newt. In addition, a number of rubble piles and earth mounds occur within the site which could provide shelter or hibernation habitat for the species and the grassland provides potential foraging opportunities.

The survey area also provided terrestrial habitat for common amphibians. Two common toads were recorded during the survey.

12 Prepared by EMEC Ecology Tel: 0115 964 4828 Land at Shilo Park near Cossall in Nottinghamshire Ecological Walk-over Survey b) Badger No evidence of badger was found within the survey area. The site provides little opportunity for sett-digging, although the grassland does provide potential foraging habitat. c) Bats The two buildings on site offered extremely limited potential for bats. The portakabin had a flat roof with no loft space. The interior comprised smooth plasterboard walls and ceiling; the structure was also heavily fire damaged.

The steel-framed asbestos structure also provided extremely limited bat roosting opportunities due to the highly exposed nature of the roof space (where panels remained). No roost opportunities existed on the exterior of either building.

No mature trees occurred on site which could offer potential roost sites for bats and the habitats recorded offered limited foraging opportunities. However, the surrounding habitats did offer potential bat foraging habitat. d) Nesting Birds The trees and scrub within the site provided potential nesting and foraging habitat for birds. The grassland also provided some potential foraging opportunities. e) Reptiles The earth mounds and rubble piles present within the survey area provided potential shelter and hibernation opportunities for reptiles. In addition, the grassland provided foraging habitat and the adjacent canal provided a potential dispersal route for grass snake to and from the site. f) Water Vole and Otter The site itself does not offer suitable habitat for water vole or otter. However, the banks of the Nottingham Canal LWS which are situated within 10m of the site south-west site boundary do offer potential for both species. The canal was not included in the current survey. g) Other species A large number of rabbit (Oryctolagus cuniculus) scrapes and droppings were recorded within the grassland. In some places the grassland had been heavily grazed by rabbits.

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5. EVALUATION

5.1 Designated Nature Conservation Sites

Three nature conservation sites occur within very close vicinity of the survey area. Nottingham Canal (Awsworth and Cossall) SSSI is situated immediately adjacent to the south-west boundary of the survey area and Cossall Marsh Grassland LWS occurs only 10m beyond the southern boundary. In addition, Nottingham Canal Rough Grassland LWS occurs only 25m to the south-west.

As Nottingham Canal SSSI occurs within such close vicinity of the proposed redevelopment works, mitigation measures must be followed to ensure that the integrity of the watercourse and its banks are maintained. This will involve adhering to the Environment Agency guidelines for working near water. See Section 6.1 for details.

As the proposed works will take place only within the fenced survey area, they are unlikely to affect Cossall Marsh Grassland LWS and Nottingham Canal Rough Grassland LWS and therefore no specific mitigation measures will be necessary for these sites.

5.2 Habitats

The evaluation of the habitats on the site is based on the guidelines from IEEM (IEEM 2006) and is summarised in Table 5.1 below. As indicated the site comprises of habitats ranging from moderate (‘Parish’) to low (‘Sub-parish’) value (IEEM 2006). No rare or notable habitats are present on the site and no habitats are considered to be Habitats of Principal Biological Importance on Section 41 of the NERC Act 2006 or Priority Habitats on the national BAP (UK BAP 2007) or the County BAP (Nottinghamshire BAG 1998).

Table 5.1: Summary of Ecological Evaluation of the Habitats on the Site

Habitat Reason for Valuation Parish Value Semi-improved neutral Contains a relatively high number of floral species, although none grassland are considered to be particularly notable. Provides potential foraging opportunities for amphibians, reptiles, badgers and birds. Sub-Parish Value Ephemeral/short Comprises a number of common floral species although provides perennial little opportunity for faunal species due to its very short, uniform structure. Building Man-made habitat which offers little potential for faunal species. Dense scrub Species-poor and limited in extent although provides some potential bird nesting habitat. Tall ruderal Botanically species-poor and limited in extent, it is unlikely to provide opportunities for protected or notable species. Scattered scrub Comprised a number of common woody species and provides potential for bird nesting.

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5.3 Protected/notable Species2

5.3.1 Floral Species None of the species recorded during the survey are specifically protected by the Wildlife and Countryside Act (WCA) 1981 (as amended) or considered rare nationally or locally (e.g. Preston et al. 2002). Also, none are listed as Priority Species on the national BAP (UK BAP 2007) or county BAP (Lincolnshire Biodiversity Partnership 2011).

5.3.2 Faunal Species a) Amphibians Two ponds occur within close vicinity of the survey area (approximately 30m east and 160m south). As the survey area comprises habitats suitable for sheltering and foraging great crested newt, it is recommended that habitat assessments are carried out of the ponds prior to works commencing. See Section 6.3. b) Badger No evidence of badger was found within the survey area, and the site is considered to offer limited potential for sett-building. However, as the site does offer potential foraging habitat, good working practices should be adhered to ensure that no badgers or other mammals are harmed during the works. See Section 6.1.2 b. c) Bats The buildings on site were considered unsuitable for bat roosting due to the lack of features and the exposed nature of the structures. There are no mature trees on site that offer potential for bats. Therefore, no further survey or mitigation with regards to bats is considered necessary prior to works commencing. d) Nesting Birds A variety of common bird species are likely to breed within the scrub on site. Therefore, any removal of woody vegetation will be constrained by the bird breeding season, which runs from March - September inclusive. See Section 6.1.2 c. e) Reptiles The mounds of rubble and building materials within the survey area were considered to provide potential sheltering and hibernation opportunities for reptiles. In addition, the adjacent canal provided a potential dispersal route for grass snake. Therefore, due to the nature and extent of habitat clearance that will be necessary for the proposed re- development, it is recommended that specific reptile surveys are carried out prior to works commencing on the site (see Section 6.3). f) Water Vole and Otter Although the site itself does not offer any suitable habitat for water vole or otter, Nottingham Canal LWS which lies adjacent (approximately 7m away at the closest point) does offer potential habitat for both species. Indeed, numerous previous records of water vole exist for the Canal. An historical record of otter also exists for Bennerley Marsh. Therefore, mitigation will be necessary to avoid working within 10m of the banks of the Canal. If works within 10m of the Canal are absolutely necessary, then water vole and otter surveys will be required prior to works commencing (see Section 6.1.2e).

2 Protected species legislation is provided in Appendix 2.

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5.4 Summary of Main Potential Ecological Issues

The main potential impacts of the proposed works are considered to be disturbance to amphibians, reptiles, water vole, otter and nesting birds, as well as the loss of relatively species-rich grassland.

6. MITIGATION, COMPENSATION & FURTHER SURVEY RECOMMENDATIONS

6.1 Mitigation Recommendations

6.1.1 Habitats

i. Vegetation clearance should be kept to a minimum. This should include areas of meadow grassland, trees and shrubs, being incorporated into a landscaping scheme in the new development.

ii. As Nottingham Canal SSSI occurs close to the boundary of the site, Environment Agency guidelines for working within the vicinity of a watercourse (e.g. Pollution Prevention Guidance Note 5 ‘Construction within and adjacent to watercourses’) should be adhered to.

6.1.2 Faunal Species a) Badgers Best practice includes capping off at night any pipes over 200mm diameter, to prevent badgers of other animals entering; and placing ramps or scaffold boards or leaving sloping ends in any trenches to ensure animals that fall in can escape. b) Nesting Birds The trees and scrub within the survey area is likely to provide potential habitat for nesting and foraging birds. Therefore, any scrub clearance should be timed to avoid the bird breeding season, which runs from March to September (inclusive). This is to avoid adverse impacts to any nests present. If it is necessary to carry out the work during the breeding season, then a survey must be carried out by a qualified ecologist prior to works going ahead to ensure that no active nests will be affected. If active nests were found then work would have to be delayed until all chicks had fledged. c) Reptiles As the survey area provides potential sheltering and foraging habitat for reptiles, and as there are numerous previous records of grass snake within the vicinity, it is recommended that specific surveys for reptiles are carried out prior to works going ahead. See Section 6.3b. d) Water Vole Due to the potential presence of water vole along section of the Nottingham Canal LWS which runs adjacent to the proposed development site, it will be necessary to avoid

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working within 10m of the banks of the Canal. A 10m wide buffer zone should be provided between the proposed working area and the banks.

6.2 Compensation Recommendations

As the species-rich grassland within the site will be lost, it is recommended that a landscaping scheme be created for the new development. This should include areas of species-rich native meadow, as well as native tree and shrub planting. A suitable species list is provided in Appendix 4.

6.3 Further Survey

6.3.1 Amphibians In order to mitigate for the potential disturbance to great crested newts, it will be necessary to assess the two ponds within close vicinity of the survey area (illustrated below) for their potential to support great crested newts. If either of the ponds are considered to offer suitable habitat for the species, full great crested newt surveys will be required. Presence/absence survey can be undertaken from mid-March to mid-June. Four site visits in suitable weather conditions would be required, with at least two of these visits between mid-April and mid-May. If great crested newts are recorded, an additional two site visits would be required to establish an estimate of population size. Based on the survey outcome, appropriate action can be taken.

6.3.2 Reptiles In order to ascertain whether reptiles are present on the site and, if so, avoid any adverse impacts to the populations present by informing mitigation and enhancement measures, a reptile survey will be required prior to works commencing. A reptile survey requires the deployment of artificial refuges across areas of suitable habitat. The optimal time for undertaking reptile surveys is during April and May or September, when seven visits in suitable weather conditions are recommended to confirm presence or absence (Froglife 1999). However, reptile surveys can be carried out over the summer months although extra survey visits will be required (recommended 10 survey visits).

6.3.3 Water Vole and Otter If it becomes necessary to work within 10m of the banks of Nottingham Canal, a water vole and otter survey will be necessary prior to works commencing.

The water vole survey will record the following signs: burrows, latrines, feeding remains, runs in the vegetation, grazed ‘lawns’ and actual sightings. The ideal time to carry out the survey is during the water vole breeding season which runs from late March to October (temperature dependent). Whilst water voles are breeding they are highly active and mark their territory with conspicuous piles of droppings, called latrines.

An otter survey records actual sightings and otter spraints, footprints, feeding remains and potential holts and resting sites. Surveys for field signs of otter can be carried out throughout the year.

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REFERENCES

Beebee T and Griffiths R 2000 Amphibians and Reptiles, a Natural History of the British Herpeotfauna. ISBN 000 220083 8

Eaton MA, Brown AF, Noble DG, Musgrove AJ, Hearn R, Aebischer NJ, Gibbons DW, Evans and Gregory RD (2009): Birds of Conservation Concern 3: The Populations Status of Birds in the , Channel Islands and the Isle Man. British Birds 102, pp296-341

Institute of Ecology and Environmental Management 2006 Guidelines for Ecological Impact Assessment. IEEM.

JNCC 2010 Handbook for Phase 1 Habitat Survey: a technique for environmental audit. JNCC, Peterborough.

Nottinghamshire BAG 1998 Local Biodiversity Action Plan for Nottinghamshire. Nottinghamshire County Council.

Preston, C. D., Pearman, D. A. & Dines, T. D. 2002 New Atlas of the British and Irish Flora. University Press, Oxford.

Stace, C. 1997 New Flora of the British Isles. University Press, Cambridge.

WEBSITES

MAGIC Site Check Report Available: www.magic.gov.uk

National Biodiversity Network (nbn) Available: www.nbn.org.uk

UK BAP 2007 Available: http://jncc.defra.gov.uk/default.aspx?page=5705

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APPENDIX 1: FIGURES Figure 1: Site Location Plan

Survey area

© Crown copyright and database rights 2012 Ordnance Survey

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Figure 2: Survey Area, Survey Features and Target Notes

Nottingham Canal LWS

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APPENDIX 2: PROTECTED SPECIES LEGISLATION

Plants All wild plants are protected against unauthorised removal or uprooting under Section 13 of the Wildlife and Countryside Act (WCA) 1981 (as amended). Plants listed on Schedule 8 of the Act (e.g. triangular club rush and Deptford Pink) are afforded additional protection against picking, uprooting, destruction and sale.

Amphibians (Common Species) Common amphibian species (i.e. common frog, common toad, smooth newt and palmate newt) are afforded partial legal protection under UK legislation, i.e. Schedule 5, Section 9 (5) of the WCA 1981 (as amended) and the Countryside and Rights of Way (CRoW) Act 2000. This legislation prohibits:

 Sale;  Transportation; and  Advertising for sale.

Badger Badger is a widespread and generally common species. However, they are legally protected under The Protection of Badgers Act 1992, which is based primarily on the need to protect badgers from baiting and deliberate harm or injury. Under this legislation it is illegal to:

 Wilfully kill, injure, take, or cruelly ill-treat a badger, or attempt to do so;  Possess any dead badger or any part of, or anything derived from, a dead badger; and  Intentionally or recklessly interfere with a sett by disturbing badgers whilst they are occupying a sett, damaging or destroying a sett, causing a dog to enter a sett, or obstructing access to it. A badger sett is defined in the legislation as “any structure or place, which displays signs indicating current use by a badger”.

Bats All bat species are afforded full protection under UK and European legislation, including the WCA 1981 (as amended), the CRoW Act 2000 and The Conservation of Habitats and Species Regulations 2010 (as amended). Together, this legislation makes it illegal to:  Intentionally or deliberately take, kill or injure a bat;  Damage, destroy or obstruct access to bat roosts; and  Deliberately disturb bats. A bat roost is defined in the legislation as “any structure or place which a bat uses for shelter or protection”. Roosts are protected whether or not bats are present at the time. If a development activity is likely to result in disturbance or killing of a bat, damage to its habitat or any of the other activities listed above, then a licence will usually be required from Natural .

Birds The bird breeding season generally lasts from early March to September for most species. All birds are protected under the WCA 1981 (as amended) and the CRoW Act 2000. This legislation makes it illegal, both intentionally and recklessly to:

 Kill, injure or take any wild bird;

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 Take, damage or destroy the nest of any wild bird while it is being built or in use;  Take or destroy the eggs of any wild bird; and  Possess or control any wild bird or egg unless obtained legally. Birds listed under Schedule 1 of the WCA 1981 (as amended) are afforded additional protection, which makes it an offence to disturb a bird while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird.

Great crested newt Great crested newts and their habitat are afforded full protection under UK and European legislation, including the WCA 1981 (as amended), the CRoW Act 2000 and The Conservation of Habitats and Species Regulations 2010 (as amended). This makes it is an offence to kill, injure or disturb great crested newts and to destroy any place used for rest or shelter by a newt. The great crested newt is also listed on Annexes II and IV of the EC Habitats Directive and Appendix II of the Bern Convention. If a development activity is likely to result in disturbance or killing of a great crested newt, damage to its habitat etc, then a licence will usually be required from Natural England.

Reptiles There are six native species of reptiles in the UK, including slow-worm, common lizard, grass snake and adder, smooth snake and sand lizard, which are afforded varying degrees of protection under UK and European legislation.

Slow-worm, viviparous/common lizard, adder and grass snake are protected under Schedule 5, Section 9 (1 and 5) of the WCA 1981 (as amended) and the CRoW Act 2000 against deliberate or reckless killing and injuring and sale.

Water vole The water vole is fully protected under Schedule 5, Section 9 of the WCA 1981 (as amended), which makes it illegal to:

 Intentionally kill, injure or take (capture) a water vole;

 Possess or control a live or dead water vole, or any part of a water vole;

 Intentionally or recklessly damage, destroy or obstruct access to any structure or place which water voles use for shelter or protection or disturb water voles while they are using such a place; and

 Sell, offer for sale or advertise for live or dead water voles.

White-clawed crayfish White-clawed crayfish are partially protected under the WCA 1981 (as amended). This legislation makes it illegal to:

 Intentionally take white-clawed crayfish  Sell, barter or exchange white-clawed crayfish

They are also listed on Annex II of the EC Habitats and Species Directive and are classed as “endangered” by IUCN.

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APPENDIX 3: BOTANICAL SPECIES LIST

English Name Scientific Name Trees and Shrubs Alder Alnus glutinosa Ash Fraxinus excelsior Buddleia Buddleja davidi Bramble Rubus fruticosus agg. Dog rose Rosa canina Field rose Rosa arvensis Flowering currant Ribes sanguineum Goat willow Salix caprea Hawthorn Cretaegus monogyna Pedunculate oak Quercus robur Silver birch Betula pendula Sycamore Acer pseudoplatanus Herbs Barren strawberry Potentilla sterilis Black medic Medicago lupulina Broadleaved dock Rumex obtusifolius Broadleaved willowherb Epilobium montanum Bush vetch Vicia sepium Cock's-foot Dactylis glomerata Colt’s-foot Tussilago farfara Columbine Aquilegia vulgaris Common daisy Bellis perennis Common figwort Scrophularia nodosa Common mouse-ear Cerastium fontanum Common nettle Urtica dioica Common ragwort Senecio jacobea Cowslip Primula veris Creeping buttercup Ranunculus repens Creeping cinquefoil Potentilla reptans Creeping thistle Cirsium arvense Dandelion Taraxacum officinale agg. Field forget-me-not Myosotis arvensis Foxglove Digitalis purpurea Garlic mustard Alliaria petiolata Great mullein Verbascum thapsus Great willowherb Epilobium hirsutum Hawkweed species Hieracium spp. Herb robert Geranium robertianum Hogweed Heracleum sphondylium Lady’s mantle Alchemilla vulgaris agg Lesser burdock Arctium minus Red clover Trifolium pratense Red fescue Festuca rubra Ribwort plantain Plantago lanceolata Rosebay willowherb Chamerion angustifolium Selfheal Prunella vulgaris Shining cranesbill Geranium lucidum Silverweed Potentilla anserina Spear thistle Cirsium vulgare

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English Name Scientific Name White clover Trifolium repens Wild teasel Dipsacus fullonum Wood avens Geum urbanum Wood sage Teucrium scorodonia Yarrow Achillea millefolium Yorkshire fog Holcus lanatus

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APPENDIX 4: SUITABLE SPECIES FOR PLANTING OR SOWING

Native Tree and Shrub Species Alder Alnus glutinosa Ash Fraxinus excelsior Aspen Populus tremula Blackthorn Prunus spinosa Broadleaved lime Tilia platyphyllos Buckthorn Rhamnus cathartica Crab apple Malus sylvestris Crack willow Salix fragilis Common pear Pyrus communis Dog rose Rosa canina agg. Dogwood Cornus sanguinea Elder Sambucus nigra Field maple Acer campestre Goat willow Salix caprea Grey willow Salix cinerea Guelder rose Viburnum opulus Hawthorn Crataegus monogyna Hazel Corylus avellana Holly Ilex aquifolium Pedunculate oak Quercus robur Rowan Sorbus aucuparia Silver birch Betula pendula Small leaved lime Tilia cordata Spindle Euonymous europaeus Walnut Jungus regia Wild cherry Prunus avium Wild privet Ligustrum vulgare

Grassland seed mix Autumn hawkbit Leontodon autumnalis Betony Stachys officinalis Bird's-foot trefoil Lotus corniculatus Burnet saxifrage Pimpinella saxifraga Bush vetch Vicia sepum Common bent Agrostis capillaris Common flax Linum usitatissimum Common knapweed Centaurea nigra Common sorrel Rumex acetosa Cowslip Primula veris Creeping bent Agrostis stolonifera Crested dog's-tail Cynosurus cristatus Cuckoo flower Cardamine pratensis Devil’s-bit scabious Succisa pratensis Glaucous sedge Carex flacca Great burnet Sanguisorba officinalis Hairy tare Vivia hirsutum Lady's bedstraw Galium verum Lesser trefoil Trifolium dubium Meadow foxtail Alopercurus pratensis Meadow vetchling Lathyrus pratensis

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Oxeye daisy Leucanthemum vulgare Pignut Conopodium majus Red clover Trifolium pratense Red fescue Festuca rubra Ribwort plantain Plantago lanceolata Sainfoin Onobrychis vicifolia Selfheal Prunella vulgaris Small scabious Scabiosa columbaria Sweet vernal grass Antoxanthum odorata Tormentil Potentilla erecta Yarrow Achillea millefolium Yellow rattle Rhinanthus minor

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APPENDIX 5: DESK STUDY DATA (PROTECTED AND NOTABLE SPECIES DATA AVAILABLE ON REQUEST)

27 Prepared by EMEC Ecology Tel: 0115 964 4828 Land at Shilo Park near Cossall in Nottinghamshire Ecological Walk-over Survey

28 Prepared by EMEC Ecology Tel: 0115 964 4828 Land at Shilo Park near Cossall in Nottinghamshire Ecological Walk-over Survey

QUALITY ASSURANCE:

TITLE: Land at Shilo Park near Cossall in Nottinghamshire: Ecological Walk-over Survey

SUBMITTED TO: Robert Oxley

ISSUE AND REVISION RECORD:

Contract Number: ZJ/13/3639/01

Revision Number: 1

Description: Final Report

Date: 31st May 2013

AUTHOR For Data Protection

Name: Zoë Jackson MSc GradIEEM Signed:

INTERNAL REVIEWER For Data Protection

Name: Sean Gallagher MSc MIEEM Signed:

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