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Gib Lane West, Blackburn, Lancashire Extended Phase 1 Habitat Survey

Gib Lane West, Blackburn, Lancashire Extended Phase 1 Habitat Survey

© Rule Five Land Ltd 2014 All Rights Reserved No part of this document or any of its contents may be reproduced, copied, modified, adapted or used in any way in connection with any planning application or for any other purpose without the prior written consent of Rule Five Land Ltd.

Gib Lane West, Blackburn, Extended Phase 1 Habitat Survey

Submitted to:

JWPC Limited 1B Waterview White Cross Lancaster LA1 4XS

December 2013 JWP009

______Contact Jennie Caddick: 42-48 Kirkgate, Otley, West Yorkshire LS21 3HJ Tel: 01943 850276 Jennie’s mobile: 07845 317383 [email protected]

Company registered in No. 7119787 Registered Office: Haycock and Jay Associates Ltd., 14 Beech Hill, Otley LS21 3AX Gib Lane West, Blackburn, Lancashire - i - JWP009 Extended Phase 1 Habitat Survey Report JWPC Limited December 2013

TABLE OF CONTENTS

SECTION PAGE

1.0 INTRODUCTION...... 1 1.1 Background...... 1 1.2 Site Context ...... 1 2.0 LEGISLATION AND POLICY...... 2 2.1 Badger (Meles meles) ...... 2 2.2 Otter (Lutra lutra)...... 2 2.3 Water Vole (Arvicola amphibious) ...... 3 2.4 Bats...... 4 2.5 Great Crested Newt (Triturus cristatus)...... 4 2.6 Reptiles...... 5 2.7 Nesting Birds...... 6 2.8 Himalayan Balsam ...... 7 3.0 METHODOLOGY ...... 8 3.1 Desk Study...... 8 3.2 Extended Phase 1 Habitat Survey...... 10 3.3 Survey Constraints...... 10 4.0 RESULTS...... 11 4.1 Desk Study...... 11 4.1.1 Sites of Nature Conservation Value...... 11 4.1.3 Protected Species ...... 12 4.2 Extended Phase 1 Habitat Survey...... 13 4.2.1 Habitats ...... 13 4.2.46 Fauna ...... 17 5.0 CONCLUSIONS AND RECOMMENDATIONS ...... 20 5.1 Sites of Nature Conservation Value...... 20 5.2 Habitats...... 20 5.3 Fauna...... 21

LIST OF FIGURES AND APPENDICES

Figure 1 Phase 1 Habitat Map

Appendix 1 Desk Study Data Appendix 2 Site Photographs

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1.0 INTRODUCTION

1.1 Background

1.1.1 Haycock and Jay Associates Ltd was commissioned by JWPC Ltd during November 2013 to undertake an extended Phase 1 habitat survey of an area of land off Gib Lane, Blackburn, Lancashire.

1.1.2 This survey encompasses land inside the red line boundary, referred to as ‘the site’, and as indicated on Figure 1. Where access was possible habitats immediately adjacent to the red line site boundary were also included.

1.1.3 The survey is required in order to record habitats, identify any opportunity for protected species, and to provide an assessment of the ecological value of the site prior to proposed development of the area.

1.1.4 This report details the methodology, results and conclusions of a survey carried out on 27 th November 2013, and includes a review of desk study information provided by the Lancashire Environment Records Network (LERN) and the Lancashire Badger Group. Recommendations for further target surveys are also provided.

1.2 Site Context

1.2.1 The site is located on the south-west edge of Blackburn, Lancashire, in the Higher Broadhaigh area of the town. The site comprises approximately 55.4 hectares of predominantly poor semi-improved neutral grassland interspersed with marshy grassland. Broadleaved semi-natural woodland, tall ruderal and scrub habitats, a small area of improved grassland, including three small water courses were also identified.

1.2.2 The site is at its highest point to the south-west of Cockridge Wood with the surrounding land sloping away toward the site boundary.

1.2.3 The site is bound by Gib Lane to the east, Broken Stone Road to the south/south- west and the rear of residential properties along the Branch Road (A6062) to the north/north-west. The centre of the site at approximate Ordnance Survey (OS) grid reference SD 658 252.

1.2.4 Within the wider area, land to the north-east and north-west of the site boundary is developed for mainly residential use. Land to the south is in use as predominantly improved grassland.

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2.0 LEGISLATION AND POLICY

2.1 Badger ( Meles meles )

2.1.1 The Protection of Badgers Act 1992 consolidates previous legislation (including the Badgers (Further Protection) Act 1991). It makes it a serious offence to intentionally or recklessly:

• Kill, injure or take, or attempt to kill, injure or take a badger;

• To damage, destroy or obstruct access to a sett; or,

• To disturb a badger when it is occupying a sett.

2.1.2 Any activities that may lead to violation of legislative laws will require a licence to be obtained from Natural England. Licensing would be required for the following actions which are directly applicable to the proposed development:

• heavy machinery works (generally applied to tracked vehicles) carried out within 30m of an active sett entrance;

• lighter machinery works (generally applied to wheeled vehicles) particularly for any digging operation within 20m of an active sett entrance; and,

• light work such as hand digging or scrub clearance within 10m.

2.2 Otter ( Lutra lutra )

2.2.1 Otters are legally protected, and as such there is a requirement for measures to be taken to ensure that contravention of the relevant legislation is avoided. This may require a Natural England licence to authorise otherwise unlawful activity, which would include the adoption of agreed mitigation.

2.2.2 The otter is fully protected under Conservation of Habitats and Species (Amendment) Regulations (2012). The regulations make it illegal, inter alia , to:

• Deliberately capture, injure or kill an otter;

• Deliberately disturb an otter in such a way as to be likely to significantly affect the local distribution or abundance of otters or the ability of any significant group of otters to survive, breed, rear or nurture their young; or,

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1 • Damage or destroy an otter holt .

2.2.3 The otter is also protected under Section 9(4)(b) of the Wildlife and Countryside Act 1981 meaning that it is also illegal to:

• Intentionally or recklessly disturb any otter whilst it is occupying a holt; or,

• Intentionally or recklessly obstruct access to a holt.

2.2.4 The otter is listed as Priority Species in the UK Biodiversity Action Plan and also listed as a Species of Principal Importance for the Conservation of Biodiversity in England under Section 41 of the Natural Environment and Rural Communities (NERC) Act 2006. This places a duty on all government departments to have regard for its conservation and on the Secretary of State to further, or promote others to further, its conservation. Otter are also listed on the Lancashire Local Biodiversity Action Plan (LBAP).

2.3 Water Vole ( Arvicola amphibious )

2.3.1 The water vole is fully protected (as of April 2008) through its inclusion under Section 9 of the Wildlife & Countryside Act 1981 (as amended) including on the UK BAP and Lancashire LBAP.

2.3.2 Legal protection makes it an offence 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; or,

• sell, offer for sale or advertise for live or dead water voles.

2.3.3 Offences under Section 9 carry a maximum penalty of a fine not exceeding Level 5 on the standard scale (currently £5,000), imprisonment for up to six months, or both. In addition, the courts may order the forfeiture of any vehicle or other thing that was used to commit the offence.

1 In this instance an ‘otter holt’ includes otter resting sites above ground, as well as those below ground.

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2.4 Bats

2.4.1 All species of bats are legally protected, and as such there is a requirement that measures be taken to ensure that contravention of the relevant legislation is avoided. This may include the adoption of mitigation, including a Natural England licence where appropriate.

2.4.2 Relevant legislation in England is the Wildlife and Countryside Act (1981) (as amended); the Countryside and Rights of Way Act, 2000; the Natural Environment and Rural Communities Act (NERC, 2006); and the Conservation of Habitats and Species (Amendment) Regulations (2012).

2.4.3 The law makes it an offence, inter alia , to;

• Disturb a bat or groups of bats in their roost;

• Damage or destroy a bat roosting place, even if there are no bats present at the time;

• Obstruct access to a bat roost; or,

• To capture, injure or kill a bat or possess, advertise, sell or exchange a bat, or part of a bat dead or alive.

2.4.4 Seven species of British bats are listed on the UK Biodiversity Action Plan (BAP); the Barbastelle ( Barbastella barbastellus ), Bechstein’s bat ( Myotis bechsteinii ), Noctule (Nyctalus noctula ), Soprano Pipistrelle ( Pipistrellus pygmaeus ), Brown Long-eared bat ( Plecotus auritus ), greater horseshoe ( Rhinolophus ferrumequinum ) and lesser Horseshoe ( Rhinolophus hipposideros ).

2.4.5 Eight British bat species, resident in Lancashire are also listed as priority species on the Lancashire LBAP. These are the Noctule, Daubentons ( Myotis daubentonii ), Natterers bat, Whiskered bat ( Myotis mystacinus ), Brandts bat ( Myotis brandtii ), Brown Long-eared bat, common pipistrelle ( Pipistrellus pipistrellus ) and Soprano pipistrelle.

2.5 Great Crested Newt ( Triturus cristatus )

2.5.1 Great crested newts are listed on Annexes II and IV of the EC Habitats Directive and Appendix II of the Bern Convention. They are protected under Schedule 2 of The Conservation of Habitats and Species Regulations 2010, and Schedule 5 of the Wildlife & Countryside Act 1981 (as amended).

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2.5.2 Great crested newt are priority species on the UK BAP and a species of principal importance under the NERC Act 2006.

2.5.3 Taken together, this legislation makes it an offence to:

• Deliberately capture or intentionally take a great crested newt;

• Deliberately or intentionally kill or injure a great crested newt;

• To be in possession or control of any live or dead great crested newt or any part of, or anything derived from a great crested newt;

• Damage or destroy a breeding site or resting place of a great crested newt;

• Intentionally or recklessly obstruct access to any place that a great crested newt uses for shelter or protection;

• Intentionally or recklessly disturb a great crested newt while it is occupying a structure or place that it uses for shelter or protection; or,

• Deliberately disturb any great crested newt, in particular any disturbance which is likely to (i) impair their ability to survive, breed, reproduce or to rear or nurture their young; or in the case of hibernating or migratory species, to hibernate or migrate; or (ii) to affect significantly the local distribution or abundance of the species to which they belong.

2.5.4 Great crested newt are also listed on the Lancashire LBAP as a priority species.

2.6 Reptiles

2.6.1 Grass snake ( Natrix natrix ), adder ( Vipera berus ), common lizard ( Zootoca vivipara ) and slow worm ( Anguis fragilis ) are afforded a measure of protection under the Wildlife and Countryside Act 1981 (as amended). As a result it is an offence to:

• intentionally, or recklessly kill a grass snake, adder, common lizard or slow worm;

• intentionally or recklessly injure a grass snake, adder, common lizard or slow worm; or,

• sell a grass snake, adder, common lizard or slow worm.

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2.6.2 Grass snake, adder, common lizard and slow worm are also listed as priority species on the UK BAP, in addition to being species of principle importance under the Natural Environment and Rural Communities Act 2006.

2.6.3 Where work could result in the killing and/or injury of any reptiles appropriate mitigation should be devised and implemented with agreement from the local planning authority or Natural England. However, mitigation for these species is not subject to licensing by Natural England.

2.6.4 The habitat of these reptiles is not legally protected from damaged or destruction, and the licensing system does not, therefore, include a requirement to provide replacement habitats in compensation for habitat loss associated with a development.

2.7 Nesting Birds

2.7.1 With certain exceptions 2, all wild birds, their nests and eggs are protected by the Wildlife and Countryside Act 1981 (as amended). Therefore, it is an offence, inter alia , to:

• Intentionally take, damage or destroy the nest of any wild bird while it is in use or being built; or,

• Take or destroy the egg of any wild bird.

2.7.2 Bird species listed on Schedule 1 of the Act receive a higher level of protection under the Wildlife and Countryside Act 1981 (as amended), thus for these species it is also an offence to:

• Disturb any bird while it is nest building, or is at a nest containing eggs or young; or,

• Disturb the dependent young of any such bird.

2.7.3 A number of birds frequently associated with tree and hedgerow nesting are also listed on the UKBAP and Lancashire LBAP.

2 Some species, such as game birds, are exempt in certain circumstances.

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2.8 Himalayan Balsam

2.8.1 Himalayan Balsam is listed on Schedule 9 of the Wildlife and Countryside Act 1981. In accordance with guidance on Section 14 of the Wildlife and Countryside Act, 1981 you must not:

• allow invasive plants to spread onto adjacent land - the owner of that land could take legal action against you; or,

• plant or encourage the spread of invasive plants outside of your property - this can include moving contaminated soil from one place to another or incorrectly handling and transporting contaminated material and plant cuttings.

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3.0 METHODOLOGY

3.1 Desk Study

3.1.1 Desk studies are important as they can indicate the presence or potential presence of legally protected and/or other notable species that could occur within the site or surrounding area, remain undetected during a single site visit, and could impose a constraint on the planned development.

3.1.2 A desk study was undertaken in order to gather information relating to statutory and non-statutory nature conservation sites and records of species that are afforded legal protection or are otherwise of notable nature conservation value (see Box 1). The search was extended to include areas within a 2km radius of the site boundary, as the proposed development is unlikely to have effects on ecological receptors beyond this distance. Species records from the past 15 years were requested.

3.1.3 The following sources of information were consulted:

• Lancashire Environment Record Network (LERN); • Lancashire Badger Group;

• Multi Agency Geographic Information for the Countryside (MAGIC) at www.magic gov.uk; and, • Natural England website at www.naturalengland.org.uk.

3.1.4 A search was also undertaken to identify potential great crested newt breeding sites/ponds situated within 500m of the site using 1:10,000 Ordnance Survey maps. This search area reflects the fact that great crested newt spend much of their life within terrestrial habitats, typically remaining within 500m of their breeding ponds (English Nature, 2001), however, they are commonly concentrated within 250m of these ponds.

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Box 1 Designated Wildlife Sites and Protected and Notable Species

Statutory nature conservation sites

Internationally important sites: Special Areas of Conservation (SACs) and candidate SACs, Special Protection Areas (SPAs) and proposed SPAs, Sites of Community Importance (SCI), Ramsar sites and European offshore marine sites.

Nationally important sites: Sites of Special Scientific Interest (SSSIs) that are not subject to international designations and National Nature Reserves (NNRs)

Local Nature Reserves (LNRs) are statutory sites that are of importance for recreation and education as well as nature conservation. Their level of importance is defined by their other statutory or any non-statutory designation (e.g. if an LNR is also an SSSI but is not an internationally important site, it will be of national importance). If an LNR has no other statutory or non-statutory designation it should be treated as being of borough-level importance for biodiversity.

Non-statutory nature conservation sites

Non-statutory nature conservation sites in Lancashire are known as Biological Heritage Sites (BHS). BHSs contain valuable habitats such as ancient woodland, species-rich grassland and bogs. Many provide a refuge for rare and threatened plants and animals. BHSs form an irreplaceable part of the environment and are a major part of the strategy to conserve the biological richness of Lancashire, are of county wide importance and may be identified in local Biodiversity Action Plans.

In Lancashire there are at present over 1100 Biological Heritage Sites covering 25000ha this represents 8% of the County area.

Legally protected species

Many species of animal and plant receive some degree of legal protection. For the purposes of this study, legal protection refers to:

• species included on Schedules 1, 5 and 8 of the Wildlife and Countryside Act 1981 (as amended), excluding species that are only protected in relation to their sale (see Section 9[5] and 13[2]), reflecting the fact that the proposed development does not include any proposals relating to the sale of species;

• species included on Schedules 2 and 4 of The Conservation of Habitats and Species Regulations 2010 (SI 2010/490); and

• badgers, which are protected under the Protection of Badgers Act 1992.

Notable habitats and species

There are a number of habitats and species, which, whilst not receiving statutory protection, are of importance to nature conservation. These are referred to as notable, and include:

• Habitats and species of principal importance for the conservation of biological diversity in England; these are listed in accordance with Section 41 of the Natural Environment and Rural Communities (NERC) Act 2006;

• National importance: Habitats and species of principal importance for the conservation of biological diversity in England. These are listed on http://www.ukbap-reporting.org.uk/news/details.asp?X=45. These include those UK BAP priority habitats and species that occur in England;

• National importance: Species listed as being of conservation concern in the relevant UK Red Data Book (RDB) or the Birds of Conservation Concern Red List (Eaton et al, 2009);

• National importance: Nationally Scarce species, which are species recorded from 16- 100 10 x 10km squares of the national grid;

• National importance: Ancient woodland (i.e. areas that have been under continuous woodland cover since at least 1600).

County importance: Habitats and species listed in the local Biodiversity Action Plan (LBAP).

Legal control

Schedule 9 of the Wildlife and Countryside Act 1981 (as amended) lists species of animal that it is an offence to release or allow to escape into the wild and species of plant that it is an offence to plant or otherwise cause to grow in the wild.

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3.2 Extended Phase 1 Habitat Survey

3.2.1 An extended Phase 1 habitat survey was carried out on 27 th November 2013 by Ecologist Jennie Caddick BSc (Hons), MCIEEM, AIEMA. The survey area comprised land inside the red line site boundary and, where access was possible, immediately adjacent to the site boundary.

3.2.2 The survey method was based on the standard Phase 1 habitat survey methodology 3. Phase 1 habitat survey is a standard technique for obtaining baseline ecological information for areas of land. It is primarily a mapping technique and uses a standard set of habitat definitions for classifying areas of land on the basis of the vegetation present.

3.2.3 Within the survey area, distinct habitats were identified and mapped. The standard Phase 1 habitat survey methodology is concerned only with vegetation communities, therefore the method was extended to include the collection of information on other features of potential nature conservation value, particularly to identify the presence/potential presence of legally protected species. The survey area was assessed for:

• The potential presence of previously unrecorded areas or features of ecological interest;

• Evidence of the presence of legally protected species and other species of notable nature conservation value; • The presence of habitats that could support legally protected or notable species; and, • The presence of invasive plant species.

3.3 Survey Constraints

3.3.1 The extended Phase 1 habitat survey was undertaken outside the optimal time of year for Phase 1 habitat survey, however, a period of mild weather prior to the survey may have allowed for seasonal vegetation to remain visible for longer than usual.

3 JNCC, ‘Handbook for Phase 1 habitat survey – a technique for environmental audit ’ (revised 2003).

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4.0 RESULTS

4.1 Desk Study

4.1.1 Sites of Nature Conservation Value

4.1.2 No records of statutory sites of nature conservation value were identified within 2km of the site during the desk study, however, twenty one records of Biological Heritage Sites (BHS), non-statutory sites of nature conservation value within Lancashire, were identified. BHSs are detailed in Table 4.1 below in order of the approximate distance in which they occur from the site boundary, with a location map provided at Appendix 1a.

Table 4.1 – Site Records

Grid Distance from the site Site name reference boundary

Stanworth Valley Grassland SD 647 245 ~555m to the south-west. Moulden Banks SD 644 251 ~750m to the west. Playing Fields (South) SD 654 264 ~815m to the north. Stanworth Valley Woods - East (Stockclough, SD 652 234 ~820m to the south. Heald and Hole Bottom Woods) Whinney Bank and Woods SD 640 254 ~870m to the west. Higher Bog Height Pasture SD 720 247 ~900m to the east. River Field SD 646 261 ~975m to the north-west. Feniscliffe Playing Field SD 662 268 ~1150m to the north. Stanworth Valley Wood - West SD 645 243 ~1155m to the south-west. Pleasington Field (North), Witton Woods and SD 650 268 ~1265m to the north. Tongue Hill Stanworth Woods and Reservoir (Star Paper Mill SD 641 250 ~1270m to the south-west. Woods) Fernhurst Wood SD 677 254 ~1470m to the north-east. Causeway Wood SD 631 257 ~1560m to the north-west. Meadow Head Fields and Moss Brook SD 676 236 ~1645m to the south-east. Darwen Valley Parkway SD 683 254 ~1790m to the east. Maiden House Wood SD 641 268 ~1820m to the north-west. The Roughs SD 639 266 ~1825m to the north-west. (Red Lee) Reservoir, Abbey Village SD 643 231 ~1880m to the south-west. Wood and Red Lee Wood Owlet Holes Wood and River Bank SD 631 259 ~1895m to the north-west. Maiden House (Trout Brook) Grassland and Flushes SD 642 270 ~2000m to the north-west.

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Billinge and Yellow Hills SD 653 279 ~2000m to the north.

4.1.3 Protected Species

4.1.4 Four hundred and thirteen (413) records of protected and notable species from the last 15 years were returned from the LERN following the desk study. Where present, records older than 15 years were reviewed however they are in the main discounted as being out of date. No records of protected or notable species were identified inside the site boundary.

4.1.5 No records of badger setts, or of other badger activity, were returned from the Lancashire Badger Group.

4.1.6 A plan showing the location of protected and notable species records is provided at Appendix 1b with a full list of the records at Appendix 1c.

4.1.7 Five records of other mammals including three brown hare ( Lepus europaeus ), a soprano pipistrelle bat ( Pipistrellus pygmaeus ) and an unidentified bat species (Chiroptera species) were noted. All three hare records occur adjacent to Lower Whitehaigh Farm, approximately 395m to the south of the site boundary. The closest bat record was recorded approximately 845m to the south-east of the site boundary at Bottom of Morris Brow.

4.1.8 Forty nine records of amphibians comprising fifteen common frogs ( Rana temporaria ), fifteen common toad ( Bufo bufo ), eight palmate newts ( Lissotriton helveticus ), six smooth newts ( Lissotriton vulgaris ) and five great crested newt were noted.

4.1.9 Great crested newt records occur at Moulden Banks BHS, Stanworth Valley Wood - West BHS and Fenhurst Wood BHS. These sites are all beyond 500m from the site boundary.

4.1.10 Two records of slow-worm were identified with one record from Moulden Banks BHS located approximately 750m to the west of the site, and a second record adjacent to Lower Whitehaigh Farm, approximately 395m to the south of the site boundary.

4.1.11 In addition, seventy records of birds including species commonly associated with nesting and foraging within those habitats recorded in the site boundary were also identified.

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4.1.12 Ponds

4.1.13 No ponds were identified inside the site or within 500m of the site boundary during the desk study.

4.2 Extended Phase 1 Habitat Survey

4.2.1 Habitats

4.2.2 The site is approximately 55.4 hectares in size and comprises majority poor semi- improved neutral grassland interspersed with marshy grassland. Tall ruderal and scrub habitats, broadleaved semi-natural woodland and running water were also recorded during the survey.

4.2.3 With exception of gardens at Horden Farm and the unnamed woodland on Gib Lane, grazing livestock have free access to the remainder of the habitats within the site boundary.

4.2.4 A description of the habitats recorded within the survey area is given below with the distribution of habitats, including target notes (T1) indicating the location of features of ecological interest, annotated on Figure 1. Photos are provided at Appendix 2.

4.2.5 Poor Semi-improved Neutral Grassland

4.2.6 The majority of the site comprises poor semi-improved neutral sheep-grazed grassland (Photo 1), with evidence of cattle and horses present in fields to the north- east. Fields to the north-east are also noticeably more water-logged, with large areas of wet/saturated ground identified.

4.2.7 Species recorded in the grassland sward include frequent perennial ryegrass ( Lolium perenne ) with cock’s-foot grass ( Dactylis glomerata ), broadleaved plantain ( Plantago major ), creeping buttercup ( Ranunculus repens ), clover ( Trifolium species) and broad-leaved dock ( Rumex obtusifolius ).

4.2.8 A dense layer of moss was noted on the grassland slope to the west side of Cockridge Wood (Target note 1).

4.2.9 Areas adjacent to and surrounding field accesses/gateways are heavily poached, with deep mud (Photo 2).

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4.2.10 Marshy Grassland

4.2.11 With exception of five of the fields within the site boundary, marshy grassland is interspersed throughout the poor semi-improved neutral grassland across the site (Photo 3) and comprises dense swathes of soft rush ( Juncus effusus) with tufted hair- grass ( Deschampsia cespitosa ). Some areas have been grazed by livestock.

4.2.12 Notable large, dense areas of marshy grassland were recorded around the edges and within the understorey of Cockridge Wood, and across a large part of Green Hills Wood (Photo 4) with bramble and bracken ( Pteridium aquilinum ) also recorded here.

4.2.13 Improved Grassland

4.2.14 A small paddock comprising a heavily grazed, short sward was recorded to the south of Norden Farm. The paddock was being grazed by llama ( Lama glama ) at the time of the survey.

4.2.15 Tall Ruderal Vegetation & Scrub

4.2.16 A narrow strip of tall ruderal with isolated scrub vegetation is present around the majority of the site margin, inside the field edges and adjacent to the bordering garden and road boundaries. Dominant species recorded include common sorrel (Rumex acetosa ), hairy willowherb ( Epilobium hirsutum ), stinging nettle ( Urtica dioica) with encroaching bramble ( Rubus fruticosus ).

4.2.17 A dense stand of rosebay willowherb ( Chamerion angustifolium ) was recorded adjacent to the north end of the public footpath, on the northern site boundary.

4.2.18 Isolated tall ruderal including stinging nettle, creeping thistle ( Cirsium arvense ) and common sorrel was also identified amongst stone and building waste at the Horden Farm (Target note 2), to the north-west of the farm buildings with an area of dense bramble growth recorded on the sloping road side bank, adjacent to the site boundary at the south-west end of the Horden Farm driveway.

4.2.19 Scattered gorse ( Ulex europaeus ) scrub was recorded along the west side of Cockridge Wood and on the sloping, north side of Green Hills Wood (Photo 5) during the survey.

4.2.20 Isolated holly ( Ilex aquifolium ) and hawthorn ( Crataegus monogyna ) scrub was also identified along post and wire field boundaries, indicating the likely presence of former hedgerows.

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4.2.21 Broadleaved Semi-Natural Woodland

4.2.22 Four small broadleaved semi-natural woodlands: Cockridge Wood; Green Hills Wood; and unnamed woodlands adjacent to Holden Farm and on Gib Lane, were identified within the site during the survey. Woodlands are described in greater detail below.

4.2.23 Cockridge Wood is situated in the north-east of the site at OS grid reference SD 659 253 and is approximately 3 hectares in size. The woodland is open to stock with evidence of sheep and cattle grazing and poaching through the understorey.

4.2.24 The wood comprises oak ( Quercus species), silver birch ( Betula pendula ), alder (Alnus glutinosa ), holly and is open in structure with exception of several large dense stands of rhododendron ( Rhododendron species) (Photo 6). Dense soft rush and bramble are frequent, particularly on the woodland edges, with flushes/water logging also recorded at several places. Flushes/water logging are vegetated by mosses, creeping buttercup, common chickweed ( Stellaria media ) and isolated common bracken ( Pteridium aquilinum ).

4.2.25 Green Hills Wood is present on the southern site boundary at OS grid reference SD 659 249 and comprises a narrow strip of broadleaved semi-natural woodland (approximately 20m x 200m), of mainly oak with beech ( Fagus sylvatica ) and silver birch, along the road side.

4.2.26 A number of additional mature oak and beech trees are present in close proximity to the woodland strip, inside the walled sloping field, and indicate the possible presence of a former, larger woodland area.

4.2.27 A small area of open mature beech woodland with a limited bramble understorey is present at OS grid reference SD 655 252, on the north side of Horden Farm.

4.2.28 A second unnamed woodland area is present adjacent to Gib Lane at OS grid reference SD 611 253. The woodland is approximately 1.2 hectares and includes beech, oak and silver birch with holly, beech, bramble and isolated rhododendron scrub. An open groundflora with heavy leaf litter (Photo 7) and areas of grasses and bracken was noted in the southern end of the wood with a small water course (described below) on the west side.

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4.2.29 Water Courses

4.2.30 Three flowing water courses were recorded within the site during the survey.

4.2.31 The first water course was recorded in the north-west of the site. The water course runs south-east to north-west along the field boundary, emerging from a pipe culvert beneath the public footpath. The water course is approximately 1m wide and up to 5cm deep with large stones, flote-grass ( Glyceria fluitans ) and isolated soft rush identified within the channel and along the margins (Photo 8).

4.2.32 A second water course was identified running south to north along the western edge of the unnamed woodland on Gib Lane. The water course is sourced from a spring outside the south-west woodland corner and passes through the woodland at the bottom of a sloping gully (Photo 9). This water course is approximately 1m wide and up to 15cm deep at places with a stony base and banks supporting leaf litter, bracken and bramble. At the northern wood boundary the water courses passes into a grated culvert beneath the field.

4.2.33 A small, third flowing water course was identified at the southern end of the Horden Farm driveway. The water course commences from a spring in the adjacent field to the east, passes beneath the hedgerow and alongside Broken Stone Road for approximately 6m before disappearing through large grated drains beneath the road.

4.2.34 A number of small flushes and water logged areas were recorded across the site during the survey, notably amongst the marshy grassland behind the houses in the north-east of the site, within Cockridge Wood and the southern edge of Green Hills Wood.

4.2.35 Field Boundaries

4.2.36 The majority of the site boundary, including field boundaries within the site, comprise post and wire fencing. Three boundaries are no longer present on the ground.

4.2.37 Stone walls in varying states of collapse were also recorded, however, the stone wall bordering the east end of Broken Stone Road and south end of Gib Lane remains intact and stock proof.

4.2.38 The boundary along the remaining length of Broken Stone Road (approximately 1000m) slopes up toward the site with the road level below. This boundary comprises a stone wall base with predominantly mature oak, with mature silver birch and ash (Fraxinus excelsior ), isolated holly, hawthorn, bramble and gorse scrub (Photo 10).

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4.2.39 An intact hawthorn hedge is present for approximately 250m along the public footpath edge to the north of Horden Farm (Photo 11).

4.2.40 A defunct/remnant hawthorn hedge is present around the south and west sides of the north-east corner field with isolated elder ( Sambucus nigra ), dog rose ( Rosa canina ) and bramble also present at this location.

4.2.41 Invasive Plant Species

4.2.42 Himalayan Balsam ( Impatiens glandulifera ) invasive plant species was identified on the south-west site boundary (Target note 3). The plant was noted outside the post and wire fencing at OS grid reference SD 654 251.

4.2.43 Habitats in the Wider Area

4.2.44 The site is located on the south-west edge of the urban development of Blackburn with land to the north-east and north-west of the site boundary developed mainly for residential use.

4.2.45 Land to the south is in use as predominantly improved grassland.

4.2.46 Fauna

4.2.47 The potential for the presence of legally protected and/or other notable species to occur within and/or adjacent to the site is assessed below.

4.2.48 Badger

4.2.49 No badger latrines or evidence of foraging or sett building was identified during the survey, either inside or immediately adjacent to the site boundary. However, grassland, tall ruderal, scrub, woodland habitats and vegetated boundaries within the site do provide foraging and sett building opportunities for badgers and grassland habitats in the wider area provide good opportunities for badger foraging.

4.2.50 Otter

4.2.51 Despite tall ruderal, scrub and woodland habitats within the site having some value as otter refuge, no incidental evidence of otter activity was recorded during the survey and the water courses recorded are small and isolated, beginning and departing via springs and culverts and with no connectivity into the wider landscape.

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4.2.52 The site is located approximately 340m to the east of the Leeds and Canal and although the occurrence of otters signs has shown considerable increase within the catchment over the last few years (Environment Agency, ‘ 5th Otter Survey of England: Technical Report ’ (2009- 2010). However, residential and industrial development occurring within the corridor between the canal and the site severely reduce the likelihood of movement by this species into the site from this direction.

4.2.53 Stockclough Brook is situated approximately 240m to the south of the site boundary. Habitats along the southern site boundary, notably Green Hills Wood, are of moderate value for otter, however, due to the distance they occur from the brook it is considered unlikely that otter would be using them.

4.2.54 Water Vole

4.2.55 Water courses recorded inside the site boundary are small and isolated, beginning and departing via springs and culverts and with no connectivity into the wider landscape, and with no incidental evidence of water vole activity identified along their lengths.

4.2.56 In addition, the water course in the north-west of the site has low banks which are subject to disturbance by livestock and the water course inside the unnamed wood is heavily shaded by vegetation making these features suboptimal for water vole.

4.2.57 The Leeds and Liverpool Canal and Stockclough Brook occur approximately 340m to the west and approximately 240m to the south of the site boundary respectively.

4.2.58 As water vole very infrequently travel over land and given the isolated nature of the site water courses, the likelihood of this species occurring within the site is negligible.

4.2.59 Bats

4.2.60 Habitats within the site present a variety of opportunities for foraging bats with numerous trees within the four woodland areas, including mature trees recorded on field boundaries across the site, offering features with potential for roosting bats.

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4.2.61 Great Crested Newt

4.2.62 No ponds or water bodies suitable for breeding amphibians were identified inside or within 500m of the site boundary during the desk study or site visit with records of great crested newt occurring over 500m from the site. As such, no further consideration as to the potential for great crested newt to occur within the site has been given.

4.2.63 Reptiles

4.2.64 Grassland areas in proximity to tall ruderal and scrub habitats offer opportunity for basking reptiles, with tall ruderal and scrub habitats themselves providing refuge for these species.

4.2.65 Nesting Birds

4.2.66 Grassland, scrub and tall ruderal vegetation, woodland and scattered trees within the site and adjacent to the site boundary have potential to support foraging and breeding birds.

4.2.67 In addition, grassland and tall ruderal habitats in the site also provide opportunities for ground nesting birds.

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5.0 CONCLUSIONS AND RECOMMENDATIONS

5.1 Sites of Nature Conservation Value

5.1.1 Desk study records from LERN identified twenty one records of BHSs, within 2km of the site. The closest site, Stanworth Valley Grassland occurs approximately 555m to the south-west of the site and is designated for its grassland communities.

5.1.2 Due to the distance between the site and the BHSs and the nature of the proposed development, it is unlikely that works at the site will have any negative ecological impact upon them and therefore, no further recommendations pertaining to BHSs have been made.

5.2 Habitats

5.2.1 The majority of the ~55.4 hectare site comprises grazed poor semi-improved neutral grassland interspersed with marshy grassland, including a small improved grassland paddock.

5.2.2 While these habitats do offer potential for supporting a small number of foraging and breeding species, including refuge, the habitats are relatively common and widespread in the surrounding area and their loss is unlikely to have a significant negative impact on the ecological value of the district.

5.2.3 Tall ruderal and scrub habitats and broadleaved semi-natural woodland were also recorded during the survey. Although these habitats are also relatively common in the wider landscape, with large areas of woodland identified to the south and west of the site, they provide opportunities for a number of protected species and are, therefore, of high ecological value.

5.2.4 It is recommended that tall ruderal vegetation, scrub and particularly woodland habitats, of higher ecological value, are retained wherever possible during the site development and that measures to ensure the protection of habitats to be retained are implemented during the construction phase, for example with the use of suitable tree buffer zones and fencing.

5.2.5 Where habitats of higher ecological value are to be lost, these should be replaced with similar native species of local provenance, covering a similar sized area and maintaining a corridor across the site to allow the continued movement of wildlife through this area. Consideration to protected species requirements, as detailed below, should also be given.

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5.2.6 Although water courses within the site are small and isolated they are of moderate value to foraging species and it is recommended that they are retained where possible. In addition, Environment Agency Pollution Prevention Guidelines (PPGs) should be adhered to throughout construction works in order to avoid a water pollution incident.

5.2.7 Himalayan balsam was identified growing next to the southern site boundary. Himalayan Balsam is an invasive plant species and as such site works should ensure that it is not spread during the construction or operational stages of the site development.

5.2.8 Containment of Himalayan balsam and its seed bank can be achieved by preventing the removal of any plant material/soil from within 10m of the plant either inside (including for storage) or off site. Removal of contaminated material/soil from site machinery and equipment should also be undertaken prior to them leaving site.

5.2.9 Where any plant material/soil is to be removed from site it should be disposed of in accordance with the Environmental Permitting Regulations 2007 as a ‘controlled waste’.

5.3 Fauna

5.3.1 Badger

5.3.2 Although no evidence of badger was identified during the desk study or survey, habitats within and adjacent to the site do provide foraging and sett building opportunities for badgers.

5.3.3 Due to the potential for the site to support badgers, and the mobile nature of this species, it is recommended that where works are unlikely to commence within 4- 6 months following this survey an update badger survey is carried out by a suitably qualified ecologist. An update survey will confirm the current status of badgers within the site immediately prior to work commencing and confirm any requirement for licensing.

5.3.4 Otter

5.3.5 No evidence of otter activity was recorded during the survey and no records for otter were identified during the desk study.

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5.3.6 Although terrestrial habitats within the site have some value as otter refuge, the water courses recorded are small and isolated, and due to the distance of the site from larger water courses it is unlikely that otter would occur in the site and, therefore, no further consideration to the presence of otter is required.

5.3.7 Water Vole

5.3.8 No evidence of water vole was identified during the site visit or desk study and water courses recorded inside the site boundary are small, isolated and suboptimal for this species. As water vole very infrequently travel over ground the likelihood of this species occurring within the site is negligible and, therefore, no further consideration to the presence of water vole at the site is required.

5.3.9 Bats

5.3.10 Habitats within the site present a variety of opportunities for foraging bats with numerous trees within the woodland areas, including mature trees recorded on field boundaries across the site, offering features of high value for roosting bats. In addition, two records of bats were identified during the desk study indicating the presence of bat activity within the area.

5.3.11 It is recommended that where trees are identified for removal they are inspected, to identify features with roosting potential, including the presence of bat activity or bats themselves, prior to any works commencing.

5.3.12 Where features suitable for supporting roosting bats are identified, the inspection should be followed by 1- 3 bat activity surveys to confirm the presence/likely absence of roosting bats at the trees.

5.3.13 All surveys should employ those methods outlined in the current published methodology and be carried out during the optimum period when bats are active (May to September inclusive) and be conducted by a suitably qualified ecologist.

5.3.14 Where a roost is identified following activity surveys a Natural England licence for the destruction of a roost will be required. The licence document requires a high level of detail as to the species, number and type of roost present and, where a large roost is identified, this may warrant additional activity survey. Mitigation to compensate for the loss of a roost will also be required.

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5.3.15 Reptiles

5.3.16 Although grassland, tall ruderal and scrub habitats within the site offer refuge and opportunity for basking reptile species, these habitats are frequently water logged and heavily grazed, with livestock having access to all areas of the site with exception of gardens at Horden Farm and the unnamed woodland on Gib Lane, making them suboptimal for these species.

5.3.17 In addition, the closest record for reptiles was identified approximately 395m from the site boundary. As such the likelihood of a significant population of reptiles being present within the site is negligible.

5.3.18 In the unlikely event that reptiles are encountered during works, works should stop and advice from an ecologist should be sought prior to recommencing.

5.3.19 Nesting Birds

5.3.20 Habitats within and adjacent to the site boundary have potential to support foraging and breeding birds with desk study records identifying a number of common bird species frequently associated with nesting and foraging within those habitats recorded in the site boundary.

5.3.21 It is recommended that where works will take place within the bird breeding season (typically March to September inclusive) consideration should be given to deter birds from nesting within those affected habitats outside of the breeding season. This could include the removal of tall ruderal vegetation, scrub and trees (as required) prior to the bird nesting period.

5.3.22 Should works be required during the nesting season, an inspection of habitats would be required by an ecologist prior to work commencing. Where bird nesting activity was observed, works will be delayed until after dependent young have left the nest.

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FIGURE 1 PHASE 1 HABITATS MAP

SUPPLIED AS A SEPARATE PDF DOCUMENT

Haycock and Jay Associates

APPENDIX 1 DESK STUDY DATA

SUPPLIED AS A SEPARATE PDF DOCUMENTS

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APPENDIX 2 SITE PHOTOGRAPHS

Haycock and Jay Associates

Photo 1 – The majority of the site comprises poor semi-improved neutral sheep-grazed grassland interspersed with marshy grassland areas.

Photo 2 – Areas adjacent to and surrounding field accesses/gateways are heavily poached, with deep mud remaining.

Haycock and Jay Associates

Photo 3 – With exception of five of the fields, marshy grassland is interspersed throughout the poor semi-improved neutral grassland across the site and comprises dense swathes of soft rush with tufted hair-grass.

Photo 4 – A large, dense area of marshy grassland with bramble and bracken amongst was recorded across a large part of Green Hills Wood.

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Photo 5 – Scattered gorse scrub within Green Hills Wood.

Photo 6 – Cockridge Wood showing mature broadleaved trees, holly and rhododendron scrub and area of dense soft rush in the understorey.

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Photo 7 – Unnamed woodland present adjacent to Gib Lane comprising beech, oak and silver birch with holly, beech, bramble and isolated rhododendron scrub. An open understorey of heavy leaf litter is present in the northern end.

Photo 8 – The water course recorded in the north-west of the site, running south-east to north-west along the field boundary and emerging from a pipe culvert beneath the public footpath.

Haycock and Jay Associates

Photo 9 - The second water course runs south to north along the western edge of the unnamed woodland on Gib Lane. The water course is sourced from a spring outside the south-west woodland corner and passes through the woodland at the bottom of a sloping gully.

Photo 10 – Mature tree and scrub boundary along Broken Stone Road.

Haycock and Jay Associates

Photo 11 - Intact hawthorn hedge (approximately 250m long) along the edge of the public footpath to the north of Horden Farm.

Haycock and Jay Associates Site boundary © Crown copyright and database rights 2013 Ordnance Survey 0100031673 School Marshy grassland

Semi-natural broadleaved woodland

Tall ruderal vegetation PW Defunct species-poor hedgerow Fence Intact species poor hedge Intact species poor hedge with trees Running water SI! Direction of flow SI! Wall xxx Boundary removed xxx xxxxxx...... Broadleaved tree xxx SI! ...... xxx Scattered scrub ! Improved neutral xxx SI! I grassland xxx SI! !SI Poor semi-improved xxx neutral grassland ... xxx SI! - Target note 1 Sinks xxx xxx Cockridge Sinks Spr - G ! xxx xxx Wood I SI B xxx xxx

L

xxx A

xxx N xxx xxx xxx Issues ! xxx xxx xxx E SI xxx xxx xxx SI! xxx SI xxx xxx ...... 2 ...... xxx SI! - ... xxx SI! ... Issues ! xxx ... Horden Farm xxx ... EN RA xxx RD KE xxx x ! HO xxx xx SI Gib Lane West, Blackburn, ... Lancashire 3 !I - xxx xxxxxx xxx xxx Figure 1 xxx xxx xxx Phase 1 Habitat Map SI! xxx xxx BR ... SI! xxx Date: November 2013 OK xxx EN S Scale 1:4000 @ A3 TO ... NE RO SI!! Ref: JWP009 AD ...xxxxxx ... xxxxxxxxxxxx Drawing No: BK/m259/JWP009/03 xxxxxxxxxxxxxxx ... xxx xxxxxx SI! ...... Green Hills ... Waddington ... SI! Wood ...... Farm ...... Fowler Fold

Jupiter House, 42-48 Kirkgate, Otley West Yorkshire LS21 3HJ 01943 850276 07814 447122 [email protected] www.haycockandjay.co.uk Contains Ordnance Survey data © Crown Copyright and database 2013 BHS site Site boundary

Billinge and Yellow Hills

Maiden House (Trout Brook) Grassland and Flushes

Pleasington Field (North), Witton Woods and Tongue Hill

Maiden House Wood

The Roughs Feniscliffe Playing Field Owlet Holes Wood and River Bank

River Darwen Field Darwen Valley Parkway

Pleasington Playing Fields (South)

Causeway Wood Moulden Banks Fernhurst Wood

Whinney Bank and Feniscowles Woods

Appendix 1a Higher Bog Height Pasture

Stanworth Valley Grassland Desk Study Plan (BHS Sites) Stanworth Woods and Reservoir (Star Paper Mill Woods) Date: November 2013

Scale 1:25000 @ A3

Meadow Head Fields and Moss Brook Ref: JWP009 Stanworth Valley Wood - West Drawing No: BK/m259/JWP009/01

Abbey Village (Red Lee) Reservoir, Abbey Village Wood and Red Lee Wood Jupiter House, 42-48 Kirkgate, Otley West Yorkshire LS21 3HJ Stanworth Valley Woods - East (Stockclough, Heald and Hole Bottom Woods) 01943 850276 07814 447122 [email protected] www.haycockandjay.co.uk