A428 Black Cat to Caxton Gibbet improvements TR010044 Volume 6 6.3 Environmental Statement Appendix 8.3: Terrestrial Habitats including Hedgerows Planning Act 2008 Regulation 5(2)(a) Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 26 February 2021 PCF XXX PRODUCT NAME | VERSION 1.0 | 25 SEPTEMBER 2013 | 5124654 A428 Black Cat to Caxton Gibbet improvements Environmental Statement – Appendix 8.3: Terrestrial Habitats including Hedgerows Infrastructure Planning Planning Act 2008 The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 A428 Black Cat to Caxton Gibbet improvements Development Consent Order 202[ ] Appendix 8.3: Terrestrial Habitats including Hedgerows Regulation Number Regulation 5(2)(a) Planning Inspectorate Scheme TR010044 Reference Application Document Reference TR010044/APP/6.3 Author A428 Black Cat to Caxton Gibbet improvements Project Team, Highways England Version Date Status of Version Rev 1 26 February 2021 DCO Application Planning Inspectorate Scheme Ref: TR010044 Application Document Ref: TR010044/APP/6.3 A428 Black Cat to Caxton Gibbet improvements Environmental Statement – Appendix 8.3: Terrestrial Habitats including Hedgerows Table of contents Chapter Pages 1 1 Introduction 3 1.1 Background and scope of works 3 2 Legislation and policy 4 2.1 Legislation 4 2.2 Policy framework 5 3 Methods 13 3.1 Desk study – Study Area 13 3.2 Field survey – Survey Area 13 3.3 Biodiversity value 18 3.4 Competence of surveyors 20 3.5 Limitations 20 4 Results 22 4.1 Desk study 22 4.2 Woodland survey and assessment of biodiversity importance 25 4.3 Arable flora survey and assessment of biodiversity importance 29 4.4 Hedgerow survey and assessment of biodiversity importance 31 4.5 Ancient and veteran tree survey and assessment of biodiversity importance 34 5 Summary and conclusions 35 6 References 36 Annex A: Results of the hedgerow regulations survey 38 Annex B: NVC form for woodland survey 47 Annex C: Other arable flora 55 Annex D: Figure 1 – Survey Area: Habitat Map 56 Planning Inspectorate Scheme Ref: TR010044 Application Document Ref: TR010044/APP/6.3 A428 Black Cat to Caxton Gibbet improvements Environmental Statement – Appendix 8.3: Terrestrial Habitats including Hedgerows Table of Tables Table 2-1 Policies relating to habitats present within the Scheme ....................................... 6 Table 2-2 Biodiversity Action Plans (BAPs) and their Habitat Action Plans (HAPs) ............. 9 Table 2-3 Cambridgeshire and Peterborough BAP additional species of interest .............. 11 Table 3-1 Threshold scores for assessing the nature conservation importance of arable plant assemblages with reference to prevailing soil type (in this case “Clays”) .................. 15 Table 3-2 Geographic scale used to qualify the relative biodiversity importance of features ........................................................................................................................................... 19 Table 4-1 Priority Habitats within the Study Area (1 kilometre (0.6 miles) of the Scheme) 22 Table 4-2 Priority plants and GB Red List species ............................................................. 24 Table 4-3 Results of the woodland survey - species and abundance (DAFOR) (except for woodlands W1, W7 and W13) ........................................................................................... 27 Table 4-4: Results of the survey for scarce arable flora ..................................................... 30 Planning Inspectorate Scheme Ref: TR010044 Application Document Ref: TR010044/APP/6.3 A428 Black Cat to Caxton Gibbet improvements Environmental Statement – Appendix 8.3: Terrestrial Habitats including Hedgerows 1 Introduction As part of the A428 Black Cat to Caxton Gibbet improvements scheme (the Scheme), terrestrial habitat surveys were undertaken to inform the biodiversity assessment reported in Chapter 8, Biodiversity of the Environmental Statement [TR010044/APP/6.1]. The works reported here provide the results of surveys of terrestrial habitat types as recommended in the Jacobs agreed scope of work for Stage 3 (Ref 1-1). 1.1 Background and scope of works The Jacobs ‘Extended Phase 1 Habitat Survey Report’ can be found in Appendix 8.20 of the Environmental Statement [TR010044/APP/6.3]. Phase 1 Habitat Surveys and a desk study exercise undertaken in March and April 2018 (Appendix 8.1 of the Environmental Statement [TR010044/APP/6.3]) identified habitats of principal importance (listed under Section 41 of the Natural Environment and Rural Communities (NERC) Act 2006 (Ref 1-2)) which could be potential constraints to the works or influence the design and implementation of the Scheme. The habitats were: a. Woodland b. Arable (specifically scarce arable flora) c. Hedgerows d. Ancient and veteran trees Individual trees are covered within the Arboricultural Impact Assessment in Appendix 7.5 of the Environmental Statement [TR010044/APP/6.3] completed to the standards within BS5837:2012 Trees in relation to design, demolition and construction – Recommendations (BS5837) (Ref 1-3) which assesses the likely direct and indirect impacts of the Scheme on trees, along with mitigation where appropriate. In respect to ancient and veteran trees, due to their importance as irreplaceable habitats, these are included within this appendix. All other Section 41 habitats of principal importance were scoped out, as they were either not present or only present as small patches and are therefore not considered in this appendix. The surveys collected the following habitat information: a. Location b. Size c. Floristic composition. d. Structural composition e. Identification of Important Hedgerows (based on ecology and landscape features) under The Hedgerow Regulations 1997 (Ref 1-4) f. National Vegetation Classification (NVC) of select woodlands g. Biodiversity importance of the habitats. Planning Inspectorate Scheme Ref: TR010044 3 Application Document Ref: TR010044/APP/6.3 A428 Black Cat to Caxton Gibbet improvements Environmental Statement – Appendix 8.3: Terrestrial Habitats including Hedgerows The information described in this appendix provides a baseline of these selected terrestrial habitats of principal importance within the Survey Area (described in Section 3 of this appendix) which has been used to inform the Environmental Impact Assessment (EIA) for the Scheme. This appendix includes: a. Relevant legislation b. Methods for desk and field-based assessments c. Competencies of the ecologists involved in undertaking the above surveys d. Limitations to the surveys undertaken and any assumptions made as a result of incomplete data e. Survey results f. The approach for determining the nature conservation importance of habitats Sites designated for their biodiversity value are described and appraised in Appendix 8.2 of the Environmental Statement [TR010044/APP/6.3]. Aquatic habitats including riparian zone are described and appraised in Appendix 8.4 of the Environmental Statement [TR010044/APP/6.3]. Chapter 2, The Scheme of the Environmental Statement [TR010044/APP/6.1] provides the background and a description of the Scheme. Figure 1 in Annex D of this appendix provides an overview of the Scheme and the Survey Area for the habitats surveyed. The information described provides a complete baseline to inform the EIA for the Scheme. 2 Legislation and policy 2.1 Legislation Woodland and arable flora 2.1.1 Section 41 of the NERC Act (Ref 1-2) includes a list of habitats and plant species of principal importance for nature conservation in England, which is to be used by decision-makers to guide the implementation of their duties under Section 40 of the Act. Section 41 habitats include woodlands and arable field margins. 2.1.2 Part 1 of the Wildlife and Countryside Act 1981 (as amended) (Ref 1-5) affords specific protection to flora listed on Schedule 8 (flora, fungi and lichens). 2.1.3 Section 13 of this Act protects plants from picking and sale of plants or parts of plants listed in Schedule 8: a. Intentional picking, uprooting or destruction (Section 13 1a). b. Selling, offering for sale, possessing or transporting for the purpose of sale (live or dead, part or derivative) (Section 13 2a). c. Advertising (any of these) for buying or selling (Section 13 2b). Planning Inspectorate Scheme Ref: TR010044 4 Application Document Ref: TR010044/APP/6.3 A428 Black Cat to Caxton Gibbet improvements Environmental Statement – Appendix 8.3: Terrestrial Habitats including Hedgerows 2.1.4 In certain circumstances, licences can be granted to permit some actions prohibited under the Act. Hedgerows 2.1.5 Section 41 of the NERC Act (Ref 1-2) includes a list of habitats and plant species of principal importance for nature conservation in England, which is to be used by decision-makers to guide the implementation of their duties under Section 40 of the Act. Section 41 habitats include hedgerows. 2.1.6 The Hedgerows Regulations 1997 (the Regulations) (Ref 1-4), made under the Environment Act 1995 (Ref 1-6), were introduced in England and Wales in 1997 in order to protect this characteristic element of the countryside. The Regulations were amended by the Hedgerows (Amendment) (England) Regulations 2002. 2.1.7 The Regulations prevent the removal of most countryside hedgerows without first submitting a hedgerow removal notice to the local planning authority. This is not required if the removal is part of a planning application, but consideration and application of the Regulations