Proposed Inert Landfill Site off Derby Road Kirkby-in-Ashfield in Nottinghamshire
Updated Ecological Assessment
A report to: Ian Baseley Associates The Studios Mansfield Road Edwinstowe Nottingham NG21 9NJ
By:
EMEC Ecology The Old Ragged School Brook Street Nottingham NG1 1EA
Tel: 0115 964 4828 Fax: 0115 964 4829 E-mail: [email protected] Website: www.emec-ecology.co.uk
March 2013
Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment
CONTENTS Chapter Page No.
Executive Summary 3
1. Introduction 6
2. Site Description 7
3. Methodology 8 3.1 Desk Study 8 3.2 Ecological Survey 8 3.3 Reptile Survey 9 3.4 Ecological Evaluation Criteria 10 3.5 Mitigation Measures 11
4. Results 12 4.1 Desk Study 12 4.2 Ecological Walk-over Survey 15
5. Evaluation 26 5.1 Designated Nature Conservation Sites 26 5.2 Habitats 28 5.3 Protected/notable Species 30 5.4 Summary of Main Potential Ecological Issues 34
6. Mitigation, Compensation & Enhancement Recommendations 35 6.1 Mitigation Recommendations 35 6.2 Compensation Recommendations 37 6.3 Enhancement Recommendations 30
References 40 Appendix 1: Figures 41 Figure 1: Site Location Plan 41 Fugure 2: Location of Local Wildlife Site in Close Vicinity of the Site 33 Figure 3: Survey Area, Survey Features and Target Notes 43 Figure 4: Reptile Survey Results 44 Figure 5: Restoration Plan and Reptile Habitat Enhancements 37 Figure 6: Possible SPA Habitat Areas 38
Appendix 2: Protected Species Legislation 48
Appendix 3: Botanical Species List 53
Appendix 4: Desk Study Data 55
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EXECUTIVE SUMMARY
Proposed Works The proposed works involve the use of an existing valley as an inert landfill site. The site is located off Derby Road near Kirkby-in-Ashfield in Nottinghamshire (centred on grid reference 512 547). Full details regarding the timescale and phases of the works were not present at the time of writing; however the in-fill phase of the works are anticipated to take two years to complete.
Method of Study EMEC Ecology originally surveyed the site in 2010 and produced a report to support a planning application. Additional surveys / information was requested by the County Ecologist and the Nottinghamshire Wildlife Trust so that they could fully consider the effect of the development on issues of ecological importance. Further surveys were undertaken and the mitigation measures revised (to include an additional area of habitat creation). This report therefore presents an update to the original ecological assessment report.
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, reptile survey and breeding bird survey of the site 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 No statutory designated nature conservation sites (i.e. SSSI) occur within or close to the survey area; however the works will take place within a non-statutory designated nature conservation site, namely Robin Hood’s Hills LWS and a further LWS occurs immediately adjacent. The survey area includes areas of continuous bracken, heath communities and scattered broadleaved trees. Both grass snake and common lizard were recorded throughout the survey area. The site also provides suitable habitat for foraging bats and badger.
The surveys have shown the site to be a valuable habitat for breeding birds, with good numbers of Red and Amber list birds recorded. Although the site provides suitable habitat for nightjar, no birds of this species were recorded during the breeding bird surveys; the site was not considered suitable for breeding or foraging woodlark.
Impacts in Absence of Mitigation The main potential impacts of the proposed works are considered to be the loss of part of the Robin Hood’s Hills LWS, loss of reptile habitat and potential harm to reptiles during the works. The works will also result in a reduction of bird nesting habitat and foraging habitat for bats.
Mitigation Recommendations Please refer to Section 6.1 of the report for more detailed recommendations. Working areas should be kept to an absolute minimum. It is recommended that the landfill works be confined to the valley, and works do not impact the flatter areas to the east and south east of the site. It is recommended the existing soil be stripped and stored (stored within the improved field within the area surveyed), and then re-used during the habitat creation works.
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Temporary storage of plant or machinery should located within the improved field to avoid undue impacts to areas of the LWS that do not directly need to be impacted by the works. Any trees or shrubs that do not need to be lost by the proposed works should be adequately protected. It is recommended that reptiles are captured and translocated from the area of works to suitable habitat retained within the site boundary. In order to prevent reptiles returning to the site (and potentially being harmed) it is recommended that the entire area of works be fenced with reptile fencing. Enhancement measure within the proposed translocation areas will take place prior to the start of works. All vegetation clearance will need to 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. Specific measures will be required with regards the possibility of woodlark nesting within the site during the working phase (as potential habitat will be created as the works take place).
Compensation and Enhancement Recommendations Please refer to Section 6.2 of the report for more detailed recommendations. It is recommended that on completion of the landfill works, the habitat creation measures should aim to recreate a bracken and heathland habitat. A mosaic of habitats should be created including scattered trees, scattered scrub, herb rich acid grassland and areas of wavy hair-grass dominated grassland. The mosaic of habitats created will result in a higher botanical diversity than the existing bracken dominated habitat. As compensation for the loss in area of habitat (the steep valley sides will be lost, thereby reducing the area of LWS), it is recommended that the improved field be recreated as heathland community. It is recommended that a proportion of the topsoil removed and stored, is used to landscape these areas. Prior to the start of the translocation works it is recommended that habitats within areas of the site not to be directly impacted be enhanced for reptiles. This should include creating habitat piles (brash and log piles). It is recommended that two ponds and an associated wetland area be created within the improved field area on completion of the works. The ponds / wetland area would need to be constructed in a manner that will ensure water is maintained during most seasons. The ponds would provide suitable habitat for amphibians which in turn will provide an additional food source for grass snake. The ponds and wetlands would also provided additional foraging habitat for bats A series of habitat piles (logs and brash) should be created across the recreated habitat and hibernacula (logs and rubble partly buried) also included. Following completion of the works the entire site (within the land ownership of the occupant) will be managed specifically for wildlife. A management plan will be produced and funding will be allocated to cover the first 15 years following completion of the works. In addition to the original proposals it is recommended that a further area of land (the arable field area) is also enhanced for wildlife. It is recommended that this area be used to create a grassland area and a further pond. This area should be created in advance of the reptile translocation works. Two additional hibernacula should also be created in this area
Residual Impacts Following the completion of landfill work and the habitat creation measures the area of habitat available will be similar to that currently present. However the aspects will have altered (due to
4 Prepared by EMEC Ecology Tel: 0115 964 4828 Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment the loss of the valley) and the habitats created will take time to establish and mature. The mosaic of habitats to be created will be botanically diverse and provide habitat for a range of faunal species. Although there will be a reduction in reptile habitat in the short term, once established the re-created heath habitats will provide suitable foraging and sheltering areas and the new ponds habitat for additional prey items (i.e. amphibians) for the grass snakes. The hibernacula and log piles will provide additional habitat.
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1. INTRODUCTION
1.1 This report has been prepared by EMEC Ecology for Ian Baseley Associates. It provides the details of a desk study, ecological walk-over survey, reptile survey, breeding bird survey and habitat assessment with respect of birds of an area of land off Derby Road, where inert landfill works are proposed.
1.2 The area of land where the works are proposed is centred on grid reference SK 512 547 to the south east of Kirkby in Ashfield in Nottinghamshire. The location of the site is shown on Figure 1 in Appendix 1.
1.3 The proposed works involve the use of the existing valley as an inert landfill site. Full details regarding the timescale and phases of the works were not present at the time of writing; however the in-fill phase of the works are anticipated to take two years to complete.
1.4 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.
1.5 EMEC Ecology originally surveyed the site in 2010 and produced a report to support a planning application (EMEC Ecology 2010). The following additional surveys / information was requested by the County Ecologist and the Nottinghamshire Wildlife Trust so that they could fully consider the effect of the development on issues of ecological importance.
Breeding bird surveys of the site. Over-wintering survey of birds in the site. An assessment of the potential impact to nightjars and woodlarks using the principles of a ‘risk based approach’ as advocated by Natural England standing advice. A methodology for the translocation of reptiles including the identification of a receptor site. An assessment of the impacts on birds occupying adjacent sites from operation noises. A substantive programmed of mitigation and compensation of lost habitats has not been submitted.
1.6 Therefore this report comprises the results of the original surveys, as well as an additional breeding bird survey and a habitat assessment with respect to birds (with particular emphasis on nightjar (Caprimulgus europaeus) and woodlark (Lullula arborea).
1.7 In addition, further habitat enhancement measures are now also planned (to include a further area of enhancement to the original proposals) and greater details with respect to the mitigation, compensation and enhancement measures are included within this updated report.
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2. SITE DESCRIPTION
2.1 The site comprises of a steep-sided valley and associated areas of land either side. Habitats present included areas of bracken, scattered trees and scattered scrub. The northern part of the site comprises a residential property and associated garden areas, arable field and a horse paddock, all owned and occupied by the applicant. A hedgerow occurs along the northern boundary with Derby Road.
2.2 The site is situated in a rural environment on the outskirts of the small town of Kirkby- in-Ashfield. Further areas of bracken dominated habitat occur to the south and west and a coniferous woodland occurs to the 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’). The following organisations were contacted:
Nottinghamshire Biological and Geological Records Centre. Nottinghamshire Wildlife Trust (County Mammal Recorder). 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 Survey Area The survey area is shown on Figure 2 in Appendix 1 and comprised the valley and bordering habitats.
3.2.2 Ecological Walk-over Survey Methodology An ecological walk-over survey of the site 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.
Trees with features suitable for roosting bats were noted, such as hollows, cracks and cavities within trunks and branches (e.g. old woodpecker holes), crevices behind loose bark and ivy growth.
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 Survey Details EMEC Ecology carried out the above surveys on the 14th May 2010.
3.2.4 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 reptiles). As such, a lack of evidence of a protected species does not 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.
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Although the ecological walk-over survey was carried out almost three years prior to this report update, the site was revisited in 2012 (as part of the bird surveys) and no discernible changes in the conditions on site were noted.
3.3 Reptile Survey
3.3.1 Reptile Survey Methodology The site was surveyed for reptiles using direct observation and use of artificial refuges (English Nature 1994). 105 artificial refuges comprising sheets of corrugated steel and squares of bitumastic roofing felt of approximately 0.75m x 0.75m size were laid in suitable habitat across the site. Approximate locations of the artificial refugia and results are indicated on Figure 4 in Appendix 1.
The optimal time for undertaking reptile surveys is during April and May or late August and September, when seven visits are recommended to confirm presence or absence (Froglife 1999).
3.3.2 Survey Details Survey visits were undertaken during suitable weather conditions and each visit lasted approximately 2 to 3 hours, which allowed for a thorough search of the site.
Average Date Time Weather temperature at 2010 Time of Survey OC 19th June am Sunny morning with some cloud cover 13
7th July am Slightly overcast with sunny intervals, no breeze 17
27th August am Cloud cover, intermittent sunshine with light showers 16
2nd September pm Warm and sunny conditions 20
3rd September am Sunny and warm 16
10th September am Warm with occasional rain showers 16
16th September am Sunny and warm 14
3.3.3 Survey Limitations Most visits were undertaken at the optimal time (i.e late August/ September), with two visits carried out earlier, in mid-summer (June and July). However this was not considered to significantly affect the survey results.
The artificial refugia were deployed in groups to allow for re-finding / checking (see Figure 4 in Appendix 1). Therefore some areas of the site did not have refugia. Therefore the results of the reptile survey need be viewed with caution and the results extrapolated across the entire site, since an underestimate of reptile numbers may have been made (see Results in Section 4.2.4.).
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Although the reptile survey was carried out in 2010, it is not considered that this is a limitation to the site evaluation. It is not considered that a further survey would alter the evaluation of the site in terms of its value to reptiles.
3.4 Breeding Bird Survey
3.4.1 Methodology The survey was undertaken using typical Breeding Bird Survey (BBS) techniques together with specialist criteria as set out in the ‘A Field Guide to Monitoring Nests’ page 166 Nightjar (BTO 2011), together with detail nest finding information set out in the BTO’s Nest Record News, March 2011, Issue No 27. The main aim of the survey was to survey the site for breeding nightjar and woodlark, these two species are of significance because of the highlighting of the Sherwood area as possibly meeting the criteria for designation as a potential Special Protection Area (pSPA). However all bird species demonstrating behaviour indicative of breeding were recorded. Individuals (or breeding pairs) of each species were mapped. An estimate of the number of breeding pairs of each species made.
‘Breeding behaviour’ is considered to be any of; Singing Alarm calls Carrying nest material Carrying food/eggshell/faecal sacs Presence of nests (excluding old, disused nests) Presence of juveniles
3.4.2 Survey Area The survey included surveyors walking across the entire site (with the exception of the residential garden, arable area and improved field), however also included fixed point surveying from the top of the southern side of the valley (close to the electricity pylon). This allowed surveyors to survey the site itself, as well as neighbouring areas of habitat.
3.4.3 Timing Surveys were carried out on the mornings of the 30th June and the 5th July, and the evenings of the 25th, 30th June and the 5th July 2012.
3.4.4 Limitations Woodlark are an early nesting species often sitting on eggs in early March; because of this surveys for this species should ideally be conducted before the 21st March as males become quieter or even silent when they have females sat on nests or while feeding young. Later in the season, when this survey was carried out, this species is prone to wandering in family parties away from the core breeding territory which can lead to over estimation of breeding populations and misidentification of important nesting habitats.
3.4 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:
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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).
3.5 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 is one SSSIs within the study area, namely Kirkby Grives SSSI, which lies approximately 900m west of the proposed landfill site at the closest point. The SSSI is designated as it is considered to be “one of the finest remaining limestone plant communities in Nottinghamshire and is of Regional importance”. b) Non-statutory Sites One non-statutory nature conservation site, e.g. Local Wildlife Site (i.e. LWS) occurs within the survey area; namely Robin Hood’s Hills LWS (reference no. 5/38). A further site occurs immediately adjacent; namely Hollinwell Golf Course (reference no. 2/225), see Figure 2 in Appendix 1.
A further four LWS occur within 1km of the survey area. Details of all these sites are provided in Table 4.1 below.
Table 4.1: Summary of Non-statutory Nature Conservation Sites within 500m of the Survey Area
Site Location and Approx. Reason for Selection Distance from Survey Area 5/38 – Robin SK 510 545 (centre) A large area of acidic woodland, extensive Hood’s Hills The majority of the survey area bracken and notable heath communities on LWS occurs within this LWS. The south facing slopes. LWS extends further to the south and west of the survey area. 2/225 – SK 524 547 (centre) An extensive area incorporating a number of Hollinwell Golf The LWS occurs immediately to acidic habitat types with their characteristic Course LWS the east of the survey area. species. 2/220 – SK 510 551 A valuable habitat mosaic of woodland, scrub Halfmoon 350m to the north of the survey and acidic grassland. Mosaic, Kirkby area. in Ashfield LWS 5/1103 – 900m south east. A damp acid woodland. Moseley Spring LWS 5/2128 – 850m south of the survey area. A notable acid grassland community Annesley persisting in a cemetery. Cemetery LWS 1/9 – Kirkby SK 498 554 (centre) Very fine examples of calcareous and more Grives LWS The LWS occurs 900m west at neutral grassland, with scrub and floristically the closest point. species-rich woodland.
1 A copy of the full desk study data is provided in Appendix 4.
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4.1.2 Protected/notable Floral Species There are no previous records of protected or notable species for the study 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 bats, reptiles, common amphibians and moth species from within the study area (see Table 4.2 below). Protected species legislation details are provided in Appendix 3.
Table 4.2: Protected and Notable Faunal Species within the Study Area
Species Record and Location and Approximate Distance Legislation / Year from Survey Area Conservation Status Common Amphibians Common frog Records from Closest record occurs at SK 521 548 Partially protected (Rana 1989 to 2009 (from 1999), 550m east of the survey area. under UK legislation temporaria) from sale. Smooth newt One record 1km grid square SK 50 55, at least 1.3km Partially protected (Lissotriton from 2001 west of the survey area. under UK legislation vulgaris) from sale. Common toad Records from Closest record occurs at SK 503 535 Partially protected (Bufo bufo) 1990 to 2009 (from 2009), 1.5km south west of the under UK legislation survey area. from sale. UK Priority BAP Species. Bats Unidentified Roost records SK 514 538, Warren Avenue, Annesley Fully protected under bat from 1992 to Village, 850m south of the survey area. UK and European 2002 legislation. Pipistrelle bat Roost records Closest record occurs for SK 515 539, Fully protected under (Pipistrellus from 1992 to Warren Avenue, Annesley Village, 900m UK and European pipistrellus) 1999 south of the survey area. legislation. Brown long- Roost records Closest record occurs for SK 511 563, 56 Fully protected under eared (Plecotus from 1992 to Welbeck St., Kirkby-in-Ashfield, 1.4km UK and European auritus) 2002 north of the survey area. legislation. Whiskered bat One record SK 512 567, Pinewood Close, Kirkby-in- Fully protected under (Myotis from 2002 Ashfield, 1.9km north of the survey area. UK and European mystacinus) legislation. Moths Suspected Records from Hollinwell Golf Club, SK 524 547, 1km Grade 3; Nationally moth 1980 - 2008 east of the survey area. local species recorded (Parastichtis from more than 3 10km suspecta) squares in Nottinghamshire since 1980, together with all Nationally common species recorded from 3 or fewer 10km squares in Nottingham since 1980. Large ear moth Records from Hollinwell Golf Club, SK 524 547, 1km Grade 3; Nationally (Amphipoea 1980 - 2008 east of the survey area. local species recorded lucens) from more than 3 10km squares in Nottinghamshire since 1980, together with all Nationally common
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Species Record and Location and Approximate Distance Legislation / Year from Survey Area Conservation Status species recorded from 3 or fewer 10km squares in Nottingham since 1980. Angle-striped Records from Hollinwell Golf Club, SK 524 547, 1km Grade 2; Includes all sallow 1980 - 2008 east of the survey area. Nationally notable (Enargia Group b species paleacea) recorded from more than 3 10km squares in Nottinghamshire since 1980, together with all Nationally local species recorded from 3 or fewer 10km squares in Nottingham since 1980. Reptiles Grass snake Three records SK 498 554 (1997 and 1999), 1.5km north Protected under UK (Natrix natrix) from 1997, west of the site. ‘Many’ grass snakes legislation from harm. 1999 and recorded. UK Priority BAP 2009 Species. SK 503 537 (2009), field near forest road.
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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):
Amenity grassland Arable Building Continuous bracken Dense scrub Fence Hardstanding (includes track) Improved grassland Plantation broadleaved woodland Plantation mixed woodland Poor semi-improved grassland Scattered bracken Scattered broadleaved tree Scattered scrub Semi-improved neutral grassland Species-poor intact hedgerow Tall ruderal Wall
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 4 provides a list of species including their scientific names. Photographs of the site are provided within the text.
4.2.2 Habitat Descriptions a) Amenity grassland Areas of shortly mown lawn occurred around the buildings. The grassland was predominantly of perennial rye-grass.
15 Prepared by EMEC Ecology Tel: 0115 964 4828 Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment b) Arable An allotment / vegetable patch occurred to the south west of the buildings. This included small areas planted with a range of crops and a much larger area (majority of the field) of un-cropped land (at the time of the survey).
c) Buildings The buildings on site were not inspected in detail (as they will not be impacted by the works), however they comprised of a bungalow, a separate single storey building with large glazed sides and a stable (all owned and occupied by the applicant). d) Continuous bracken The majority of the site was vegetated by bracken. Bracken dominated the steep valley sides and only became slightly less dense in cover on the flatter areas and below trees. During the first site visit (14th May) the bracken was only just beginning to emerge, with the majority of the site being of dead fronds. However during the period of the reptile surveys the bracken grew up to 1.7m in height. Other vegetation was generally sparse, however areas of wavy hair-grass were present along the bottom of the valley, on flatter areas (north eastern part of the site) and below areas of trees. Rosebay willowherb and scattered gorse were also present in these areas. However, bracken remained abundant throughout. Bluebells were recorded very occasionally below the bracken (see Target note 5).
14th May 2010 3rd September 2010
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3rd September 2010 3rd September 2010
e) Dense scrub Patches of gorse scrub occurred throughout the site; and in places this formed dense stands. A strip of gorse scrub occurred along the farm track forming the south west border of the site and further gorse dominated areas were present on the valley top around the electricity pylon.
An area of dense hawthorn scrub was present on the bank by the farm track where it led off Derby Road (see Target note 1).
Gorse scrub alongside farm track Gorse scrub (note yellow flowers) of valley top
f) Fence Timber post and rail fences occurred around the improved field (horse paddock). Barbed wire fences formed the site boundary to the east and around the southern side of the amenity grassland (garden). A heavily grown-over fence occurred across the valley bottom.
17 Prepared by EMEC Ecology Tel: 0115 964 4828 Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment g) Hardstanding Derby Road ran along the north western site boundary and was constructed of tarmac. Brick paving formed the roads and paths around the buildings. The farm track was of mud and exposed rock and had deep ruts were water had eroded the soil. The erosion (and depth of ruts) was noted to increase during the period of the surveys visits (i.e. reptile surveys.).
h) Improved grassland A paddock occurred in the north eastern part of the site. The grassland was dominated by perennial rye-grass with only occasional dandelion and common daisy. The grassland appeared to be mown.
Perennial rye-grass dominated the road verge along side Derby Road. Common daisy, dandelion and white clover occurred frequently with occasional common ragwort and ribwort plantation. The verge was up to 6m wide and appeared to be regularly mown.
18 Prepared by EMEC Ecology Tel: 0115 964 4828 Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment i) Plantation broadleaved woodland To the west of the survey area occurred an area of silver birch dominated plantation woodland. The trees were immature and were densely spaced. The groundflora was comprised of bracken and bramble.
j) Plantation mixed woodland To the north of the buildings occurred an area of planted trees (forming a screen between the buildings and Derby Road). Species present included Scots pine, sycamore, copper maple, rowan, horse chestnut, silver birch and hazel.
k) Poor semi-improved grassland An area of poor semi-improved grassland occurred alongside part of the farm track (at the southern end). The area included false oat-grass and cock’s foot with frequent white dead-nettle, common nettle and cow parsley. Locally recorded species included black knapweed, ribwort plantain, hairy tare and creeping thistle. Scattered bracken occurred throughout. l) Scattered bracken Scattered bracken occurred in amongst areas of tall ruderal and the poor semi-improved grassland area alongside the farm track.
19 Prepared by EMEC Ecology Tel: 0115 964 4828 Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment m) Scattered broadleaved tree Scattered silver birch and pedunculate oak trees occurred throughout the site. The majority were immature, although a few semi-mature trees were present. Occasional goat willow and Scots pine trees were also present. The flora below the trees was dominated by bracken, however areas of frequent wavy hair-grass were present (see Target note 7).
n) Scattered scrub Scattered gorse scrub occurred throughout the site in amongst the areas dominated by bracken. Scattered silver birch scrub was also present.
o) Semi-improved neutral grassland A small area of relatively species-rich grassland was present at the west of the site, alongside the farm track (see Target note 1). Species present included frequent ox-eye daisy, germander speedwell, yarrow, black knapweed and ribwort plantain. Grasses included cock’s-foot and false oat-grass.
20 Prepared by EMEC Ecology Tel: 0115 964 4828 Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment p) Species-poor intact hedgerows A mature, 2m high by 2m wide hedgerow occurred alongside Derby Road (northern part of the site). This hedgerow was on a bank and showed evidence of past laying. Hawthorn was the dominant species with elder occurring rarely. The groundflora included cleavers, common nettle, foxglove, garlic mustard, white dead-nettle, common chickweed and ground elder.
q) Tall Ruderal Areas of common nettle dominated vegetation occurred along the top of the valley on the northern side (below the edge of the garden and improved and arable fields). Scattered bracken, scrub and trees were also present in these areas of tall ruderal.
r) Wall A brick wall with metal railings occurred to the front of the buildings alongside Derby Road. s) Adjacent Habitats To the north of the site occurred Derby Road with properties, pasture fields and small areas of plantation woodland beyond. To the north east of the site occurred a large arable field. To the east occurred further plantation broadleaved woodland over a bracken dominated groundflora. To the south of the site occurred a steeply sloped, bracken dominated habitat (very similar to the habitat forming the majority of the site). Beyond this occurred an arable field. To the west occurred further bracken dominated habitat with patches of dense scrub and small woodland areas. A railway line (that enters a tunnel) are present further to the west.
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4.2.3 Target Notes The locations of target notes are shown on Figure 3 in Appendix 1.
1) Semi-improved neutral grassland – Narrow strip of relatively species-rich grassland between the farm track and area of hawthorn dominated scrub. Oxeye daisy, germander speedwell, yarrow, black knapweed and ribwort plantain were present. 2) Bank of track – Acidic species including abundant sheep’s sorrel and frequent foxglove on edge of farm track below dense gorse scrub. 3) Bank of track – species occurring below dense gorse included frequent black knapweed, yarrow, common bird’s-foot-trefoil, ribwort plantain, red clover with occasional creeping cinquefoil and common mouse-ear with rarely occurring shining cranesbill, foxglove and bluebell. 4) Honeysuckle and wood sage. 5) Abundant wavy hair-grass and occasional bluebell.
6) Two mammal holes and area of heath bedstraw. Two mammal holes (both approximately 20cm wide by 15cm high) were recorded. One entrance was clear of debris and was surrounded by bracken. The second entrance was covered by locally abundant heath bedstraw, which partly covered the entrance (see photograph below). The tunnels were noted to narrow as they continued under ground.
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7) Abundant wavy hair-grass below scattered trees and scrub.
4.2.4 Faunal Species a) Amphibians There was no potential breeding habitat (i.e. standing open water) on the site. The bracken and areas of scattered grassland provided potential foraging opportunities and the scrub and deep bracken litter provided potential shelter and hibernation habitat. Two common toads were recorded beneath artificial refugia during the reptile survey. b) Badger No evidence of badger was found within the survey area. The two mammal holes recorded (see Target note 6), although potentially large enough for badger at the hole entrances, they were considered to have been dug by rabbit; and due to the sandy, loose nature of the soil had gradually widened to their current size. The banks of the valley and scrub and areas of trees provided potential sett building habitat. The bracken areas and small patches of grassland provided suitable habitat for foraging badger. c) Bats No trees within the survey area were noted as providing potential roosting habitat for bats, as in general the trees were immature to semi-mature. The buildings were not assessed for bat roosting potential, as they will not be impacted by the proposed works. The valley and associated tree and scrub habitats provided potential foraging habitat for bats and the hedgerows and edge of the plantation broadleaved woodland provided potential flightlines. d) Breeding Birds
i) Nightjar During the survey, no nightjar, either paired or un-paired territory holding males were recorded. While waiting for dusk and the birds to become active the site was searched; nightjars are ground nesting species requiring a specific type of nesting site, (undisturbed area on the edge of bracken, in dead bracken, under sapling trees or an open area with logs sapling trees etc). During the searches undisturbed areas were located which held suitable potential nesting sites, but no birds located.
The site provided suitable habitat for this species, as it had large areas of bracken with scattered trees, and the adjacent land usage included plantations of trees
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(both deciduous and conifer) providing woodland edge with cultivated arable land and meadows containing grazing animals, a mix of habitats ideal for providing excellent foraging opportunities.
ii) Woodlark During the total of five visits (two mornings, three evening visits) and having covered the whole site on a number of occasions on foot, no woodlarks were seen or heard.
The site was considered unsuitable for breeding woodlark, due to there being little if any bare ground available on which the birds could forage for invertebrates, either within the site boundaries or on adjacent land. Another negative factor was the heavily vegetated nature of the site, dominated by mature bracken with areas of scrub and trees including scattered oak and silver birch. This vegetation structure is not favoured by breeding woodlark as the species preference is for short turf with areas of heather or longer grass for nesting. This habitat has been lost on this site due to the uncontrolled growth of bracken which has shaded out and replaced suitable habitat. Woodlark also fly from foraging areas and alight on bare ground or short turf near to the nest where they walk to the nest site, while having a clear view of the surrounding area allowing it to view any potential predators (again the site did not provide areas of suitable habitat to allow this behaviour to occur).
iii) Other Species The site was found to provide a valuable habitat for breeding birds, holding good numbers of breeding warblers including blackcap (Sylvia atricapilla), common whitethroat (Sylvia communis), chiffchaff (Phylloscopus collybita) and willow warbler (Phylloscopus trochilus), the site also holds breeding linnet (Carduelis cannabina), yellowhammer (Emberiza citrinella) and song thrush (Turdus philomelos). The survey results are included on Figures 8.1 to 8.5 in Appendix 1 and list of species provided in Table 4.3 overleaf.
Woodcock (Scolopax rusticola) display flight / calls (roding) male were recorded on the 30th June overhead, with flights timed at 21:43 pm (south), 21:46 pm (south), 21:51 pm (southwest), 21:56 pm (south west), 22:01 pm (south), 22:06 pm (southwest), 22:11 pm (south). The regularity of flight and direction indicated just a single male involved.
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Table 4.3: Estimated Number of Breeding Pairs Present
BTO Common Name Scientific Name Estimated No of RSPB Birds of Recording Pairs Conservation Code Concern WK Woodcock Scolopax rusticola N/A Amber WP Wood Pigeon Columba palumbus N/A Green WR Wren Troglodytes troglodytes 2 Green D. Dunnock Prunella modularis 4 Amber R. Robin Erithacus rubecula 2 Green B. Blackbird Turdus merula 1 Green ST Song Thrush Turdus philomelos 2 Red BC Blackcap Sylvia atricapilla 4 Green WH Common Whitethroat Sylvia communis 3 Amber WW Willow Warbler Phylloscopus trochilus 5 Amber CC Chiffchaff Phylloscopus collybita 2 Green J. Jay Garrulus glandarius N/A Green LI Linnet Carduelis cannabina 1 Red BF Bullfinch Pyrrhula pyrrhula 1 Amber Y. Yellowhammer Emberiza citrinella 2 Red
Note: Due to the timing of the survey, the above estimates are based on the number of males seen, as many of the species would have already raised young. e) Reptiles A maximum count on a single day of 7 grass snakes (5 adults and at least 2 juveniles) and 9 common lizards was recorded during the reptile survey. Both large adult and small juvenile grass snakes were recorded during the survey, indicating that the site is used by breeding snakes. The majority of the site provided suitable habitat for reptiles; the only areas considered generally unsuitable were the arable field, amenity grassland and improved grassland. The hedgerow along Derby Road was considered generally isolated from the main part of the suitable reptile habitat.
Reptiles were recorded on the following dates (see Table 4.4 below), and locations where they were recorded are shown on Figure 4 in Appendix 1.
Table 4.4: Reptile Survey Results
Date Common Lizard Grass Snake 11th June 2010 - 1 adult (seen while putting out tins) 19th June 2010 1 adult - 7th July 2010 3 adults - 27th August 2010 3 adults 5 adults 2nd September 2010 1 adult - 3rd September 2010 3 adults 4 adult 1 juvenile 10th September 2010 9 adults 4 adults 2 juvenile 16th September 2010 5 adults 4 adults 1 juvenile f) Other Species Rabbit (Oryctolagus cuniculus) holes (see Target note 6), droppings and runs through the vegetation were noted occasionally.
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5. EVALUATION
5.1 Designated Nature Conservation Sites
5.1.1 Statutory Designated Nature Conservation Sites There are no statutory designated nature conservation sites (i.e. SSSI) within close proximity to the site, with the closest being 900m from the site. Therefore no specific mitigation is required necessary in relation to this site.
5.1.2 Non-Statutory Designated Nature Conservation Sites The majority of the area to be directly impacted by the proposed works (i.e. the valley) lies within the Robin Hood’s Hills LWS, a site of ‘County’ ecological importance. The area of the proposed works lies at the north eastern end of the LWS, a site that forms a strip of habitat running to the east of Derby Road and the village of Annesley (see Figure 2 in Appendix 1). The LWS is designated for the areas of acidic woodland, extensive bracken and notable heath communities present. The part of the LWS to be impacted by the proposed works supported limited areas of acidic woodland, the scattered trees were present over acid communities (areas with abundant wavy hair-grass) and areas of gorse scrub (heath community), however continuous bracken occurred throughout. Although limited in extent, areas of acid communities with heath bedstraw and sheep’s sorrel were also recorded.
Hollinwells Golf Course LWS occurs immediately adjacent to the proposed landfill site. Although this site will not be directly impacted by the proposed works, faunal species within the LWS will receive increased levels of disturbance (i.e. due to increase noise levels and visual disturbance) during the landfill operations and the works (while the site is in operation).
LWS are a non-statutory designation used to identify high quality wildlife sites at a county level. It does not consign any legal restrictions; however, it is a material consideration in the planning process. The Waste Local Plan in relation to Heathlands and Local Wildlife Sites (formally known as Site of Importance for Nature Conservation (SINC)) are shown below:
POLICY W3.20
PLANNING PERMISSION FOR A WASTE MANAGEMENT FACILITY WHICH WOULD DESTROY OR DEGRADE AREAS DEFINED AS HEATHLANDS WILL NOT BE GRANTED UNLESS THEIR VALUE IS OUTWEIGHED BY THE NEED FOR THE FACILITY. WHERE PERMISSION IS GRANTED, PROPER PROVISION WILL BE MADE TO SURVEY AND RECORD THE SITE IN ORDER TO:
(a) MINIMISE THE EFFECTS ON THE HABITAT AND SPECIES;
(b) CONSIDER THE ACCOMMODATION OF SPECIES WITHIN THE SITE OR TO PROVIDE ALTERNATIVE HABITATS FOR THEIR USE;
(c) PROVIDE APPROPRIATE AMELIORATIVE MEASURES.
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3.67 Wherever possible, heathlands should be retained and accommodated within schemes. Where it is accepted that heathland must be lost, appropriate ameliorative reclamation measures should comprise, where possible, the reclamation of the site or an alternative agreed area to heathland as defined by the Notts Heathland Forum. However, whilst it is possible to recreate the basic components of heathland vegetation, the complex association of flora and fauna is difficult to achieve. This emphasises the importance of protecting existing heathlands wherever possible.
POLICY W3.22
PLANNING PERMISSION FOR A WASTE MANAGEMENT FACILITY WHICH WOULD HARM OR DESTROY A SPECIES OR HABITAT OF COUNTY IMPORTANCE WILL ONLY BE GRANTED WHERE THE NEED FOR THE DEVELOPMENT OUTWEIGHS THE LOCAL CONSERVATION INTEREST OF THE SITE. WHERE PLANNING PERMISSION IS GRANTED FOR SUCH DEVELOPMENT, CONDITIONS WILL BE IMPOSED, OR PLANNING OBLIGATIONS SOUGHT, TO SECURE ACCOMMODATION ON-SITE OR THE PROVISION OF SUITABLE ALTERNATIVE HABITATS.
NATURE CONSERVATION (INCLUDING GEOLOGICAL) SITES
3.74 The County possesses a rich variety of wildlife habitats which may be affected, or even destroyed, by waste management facilities. Guidance for the protection of wildlife and geological sites is contained in Structure Plan Review Policies 3/6 and 3/7 and PPG9. Proposals affecting the countryside and/or affecting wildlife will be fully assessed.
3.75 In the UK, nature conservation sites range from those which are internationally protected to more informal, locally designated sites. The current categories of statutory and non- statutory designations are set out in Table 3.1. Other countryside features, outside of designated sites, may also contribute to the range and diversity of our flora, fauna, geology and landscape.
3.76 Nottinghamshire has over 60 Sites of Special Scientific Interest 28 (SSSI) which are of national importance, one of which (Birklands and Bilhaugh SSSI), is also of international importance as a candidate Special Area for Conservation29 . There are many other important wildlife and geological sites which do not have SSSI or other statutory status in the County. These sites, commonly referred to as Sites of Importance for Nature Conservation 30(SINCS) have been designated by the Nottinghamshire Biological and Geological Records Centre at the Nottingham Natural History Museum, Wollaton Hall. The sites are included in an "Alert Schedule" which Local Authorities use to check if such sites are threatened by development proposals. Sites of geological value include SSSIs and those defined under a new "RIGS"31 scheme.
Therefore it is recommended that: Significant habitat creation works will be required as part of the development proposals (see Section 6.2);
That the proposed works be confined only to the valley, and not extend beyond the valley in to the flatter areas to the east and south east (see Section 6.1).
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5.1.3 Possible Sherwood Special Protection Area (SPA) a) Background Information A substantial breeding population of nightjar and woodlark is known to occur in the Sherwood Forest region, and it is considered (by local conservation organisations) that these populations may warrant the classification of the area as a Special Protection Area (SPA). However the issue is yet to be resolved. At present the classification of the site is only a possibility, and no classification process has started. However, once a formal classification process begins, such sites are termed potential SPAs (pSPA).
Currently Natural England’s viewpoint is that as the Sherwood Forest area is not a pSPA (it is only a possibility at this stage) the provisions of the 2010 Regulations do not apply. However, to complicate matters Natural England also state that as there currently remains the possibility of an area of Sherwood Forest being recommended for future classification as an SPA, LPAs may wish to adopt a ‘risk based approach’, and to provide decision making with a degree of ‘future proofing’ until such a time as there is more certainty on whether the area is to be afforded pSPA or SPA status.
Natural England’s suggestions for this risk based approach is to consider the potential direct, indirect and cumulative impacts which may include, but may not be limited to, the following:
Disturbance to breeding birds from people, their pets, noise, traffic and/or artificial lighting. Loss, fragmentation and/or damage to breeding and /or feeding habitat. Bird mortality arising from domestic pets and/or predatory mammals and birds. Bird mortality arising from road traffic and/or wind turbines. Pollution and/or nutrient enrichment of breeding habitats.
The habitat within the region is comprised of discrete patches, spread throughout the Sherwood Forest area. The result of this is that when a 5km buffer zone (currently 5km is considered an applicable buffer area) is applied to the core habitat areas, the extent of the county within which development could be considered to have an adverse effect is very large (from just north of Nottingham City up to and including Worksop and including Mansfield). The landfill site occurs immediately adjacent to a Natural England identified ‘Core Area’ (as shown on Figure 7 in Appendix 1).
Where avoidance and mitigation measures are of a level that impacts to the SPA can be considered to be avoided (i.e. the plan or project will not have significant effect on the SPA, whether alone or in combination with other projects), consent can be given. However, where effects can only be minimised, but not completely eliminated, the development needs to be considered in-combination with other proposals and an ‘Appropriate Assessment’ of the implications of the proposed development on the conservation objectives for the SPA needs to be undertaken. b) Consideration of the Potential Impacts of the Proposed Works With regards to the proposed inert landfill works, the survey work undertaken did not record breeding nightjar (although suitable areas were present) and the habitat was unsuitable for woodlark. Although the site was considered to offer potential for foraging nightjar, none were recorded during the surveys.
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Potential impacts identified include increased disturbance (i.e. initial site preparation works and increased vehicle use while the site is worked) and temporary loss of foraging habitat. However, the works will take place adjacent to a busy road and will occur predominantly within a steep sided valley (obscuring the works from adjacent habitats). Therefore the potential increase in disturbance is not considered likely to be significant and the survey results indicate that the area is not likely to be used by woodlark (as the habitat is unsuitable), and is not an area used frequently by foraging nightjar, and therefore the loss of habitat would not be significant. The wildlife corridor formed by Robin Hood’s Hills LWS will be retained (although narrowed), and significant areas of further habitat will remain within the vicinity. Heathland and bracken habitat (potentially of greater suitability for nightjar and woodlark) will be recreated following completion of the operational phase.
Under the original proposals, the in-fill works were projected to take four years to complete, however it is understood that this phase of the works will now be completed within two years. Therefore the period of potential disturbance will be significantly reduced from the original proposals.
There is the potential for the works to inadvertently create habitat suitable to woodlark during the works, and the measures to ensure legal compliance will be required (see Section 6.1.3).
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 high (‘County’) to low (‘Sub-parish’) value (IEEM 2006). The habitats recorded within the site can be attributed to lowland heath (particularly the areas of gorse) and to acid grassland (areas with wavy hair-grass), and both these are habitats on the National BAP (UK BAP 2007) and on the County BAP (Nottinghamshire BAG 1998).
The continuous bracken and associated scrub, acidic communities, plantation broad- leaved woodland and scattered trees (i.e. the area included within the Robin Hood’s Hills Local Wildlife Site) are considered to be of high (‘County’) ecological value.
The habitats associated with the residential dwelling off Derby Road, i.e. arable, improved grassland, hardstanding, mixed plantation woodland, building and amenity grassland, are considered to be of low (‘Sub-parish’) ecological value.
Table 5.1: Summary of Ecological Evaluation of the Habitats on the Site
Habitat Reason for Valuation County Value Continuous bracken and Although dominated by bracken, the scattered scrub, trees and associated scrub, acidic areas of acid grassland communities form an important mosaic of communities and habitats supporting floral and faunal species. The habitats also scattered trees and form part of a continuing wide wildlife corridor running along the plantation broadleaved eastern side of Annesley and Derby Road (see Figure 2 in woodland (Robin Hood’s Appendix 1). Hills LWS)
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Habitat Reason for Valuation Parish Value Hedgerow (species-poor, Contains a limited number of woody species and no characteristic intact) ground flora. It would not qualify as ‘important’ (using ecological criteria) under the Hedgerow Regulations (1997). However, all hedgerows are of ecological value and provide ‘ecological corridors’ along which plants and animals can disperse. It provides potential bird nesting habitat, bat foraging and commuting routes and amphibian cover and sheltering opportunities. Semi-improved neutral The grassland areas, although not particularly species-rich, provide grassland and poor semi- potential cover and sheltering opportunities for amphibians and improved grassland reptiles as well as potential foraging habitat for badgers. The habitats are within the Robin Hood’s Hills LWS and form part of the habitat mosaic. Sub-Parish Value Amenity grassland, These habitats are heavily managed, species poor areas with limited improved grassland and value for faunal species, with the exception of some badger arable foraging opportunities. Building, hardstanding, Man-made habitat that is common within the surroundings and fence and wall unlikely to offer potential for protected/notable species. However, it is possible that some buildings may have offered potential for roosting bats, although a detailed examination of the buildings was not undertaken. Mixed plantation The plantation was part of the residential garden and was compromised of native and non-native species. The habitat was limited in extent and appeared to be managed for it is amenity value. The habitat was considered unlikely to provide habitat for protected faunal species (no trees with bat roosting potential were noted) although will provide habitat for nesting birds. Tall ruderal Botanically species-poor and limited in extent. However due to its location along the edge of the bracken dominated habitat, the tall ruderal was considered likely to support reptiles.
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 (Nottinghamshire BAG 1998).
5.3.2 Faunal Species a) Amphibians The habitats present on the site and in the vicinity suggest that the site is unlikely to be of local importance for amphibians. No ponds were recorded within the proximity of the site (although the presence of garden ponds cannot be ruled out) and there are no existing records of amphibians for the close vicinity of the site.
Due to the lack of previous records and suitable breeding habitat for great crested newt (a specially protected amphibian), its presence on the site is considered unlikely.
2 Protected species legislation is provided in Appendix 2.
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Although common toads were recorded, they were found in very low numbers. Therefore, no further survey work or specific mitigation is considered necessary.
The creation of the three ponds and associated wetland areas will result in significant habitat enhancement with respect to amphibians in the local area. b) Badger Although no evidence of badger was found on the site, the sides of the valley and scrub habitats provide potential habitat for badger sett digging and the bracken, grassland areas and arable fields provide potential foraging habitat. Although two large mammal holes were recorded on site, these were considered to have been dug by rabbit (and due to sandy soils the entrances have collapsed and widened). Therefore, no further survey work or specific mitigation is considered necessary. c) Bats As no mature trees or the buildings are to be affected by the proposed works, no further survey work or mitigation is considered necessary with regards to roosting bats.
The site provides potential foraging habitat and flight lines for bats, and the proposed works will result in a reduction of suitable habitat. Therefore compensatory measures will be required to ensure there is not a reduction in available bat foraging habitat. d) Birds
i) Nightjar The survey work undertaken has shown that the site, and surrounding habitats, are not currently used by breeding nightjar. However, the site was noted to provide areas of suitable habitat and it is considered, in conjunction with the wider extent of the Robin Hood’s Hills LWS, likely to occasionally be used by foraging adults, birds passing through during migration to or from their wintering grounds or by juvenile birds as they disperse from their natal area.
The continuous habitat corridor along the eastern side of Annesley, although narrowed, will be maintained during the operational phase of the proposed works. On completion of the works the corridor will be reinstated.
Due to the location of the site, and the presence of connecting habitats, it is considered that habitat creation measures should aim to create areas suitable for foraging (and potentially breeding) nightjar. Further details are included in Section 6.2).
ii) Woodlark The site was considered to be unsuitable for breeding woodlark due to there being little if any bare ground available on which the birds could forage for invertebrates, either within the site boundaries or on adjacent land.
Although the survey was not carried out at the optimum time for woodlark, as the site was considered to provide unsuitable nesting or foraging habitat for this species, this is not considered to be a limitation.
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Although currently unsuitable, the proposed works may result in the temporary creation of suitable breeding and foraging habitat. Bare ground created by the movement of heavy trucks on access roads together with disposal of the inert waste, such as building rubble, may provide suitable foraging and possibly breeding territories for woodlark. This scenario has occurred elsewhere in the district such as construction sites for road roundabouts and on building sites, where the disturbance of the ground has resulted in the provision of bare ground, provided ideal nesting opportunities for this species. Should birds nest on site, this would have implications for the continuation of tipping during the bird breeding season (due to the legal protection afforded to woodlark). Therefore mitigation measures and specific working practices will need to be adhered to during the works (see Section 6.1.3).
The habitat creation measures for the site post works should aim to create habitat for woodlark, and should include a mosaic of heather dominated acid grassland with open bare sandy areas to encourage a wide range of invertebrates (and therefore associated bird species). See Section 6.2 for further details.
iii) Bird Species of Conservation Concern The surveys have shown the site to be a valuable habitat for breeding birds, with good numbers of Red and Amber list birds recorded. The proposed works will result in the loss of potential breeding and foraging habitat (when the vegetation is cleared). However the proposed compensation and enhancement measures (see Section 6.2) will aim to create replacement habitat for the species currently found on site, with habitat areas also created for woodlark. In the long-term, there should not be reduction in available nesting habitat. The habitat creation areas proposed for the improved grassland field and the arable area, as well as the ponds and wetlands, will result in an increased area of available habitat for nesting and foraging birds.
During the working phase of the scheme, there will be increased levels of disturbance, in terms of increased noise and dust, and potential visual disturbance. However, the location of the works within the valley will screen the works from the surroundings, thereby limiting this disturbance.
As detailed previously, although the works will narrow the wildlife corridor formed by the Robin Hood’s Hills LWS while the site is active, this corridor will be maintained throughout the works and will be reinstated (back to the original width) on completion of the works.
iv) Wintering Birds The objections made to the proposals have requested further information relating to the sites importance as an overwintering site. The surveys undertaken indicate that the area is important for breeding and forging birds (many which are included on the Red and Amber lists of Birds of Conservation Concern), therefore, in the absence of further survey, there is no reason to suggest the area would not be equally important to many of the birds recorded as an overwintering site.
Therefore the proposed works will result in a temporary reduction of habitat, and during the operational phase there will be increased disturbance on wintering
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birds (due to vehicle movements); however as detailed above with regards to breeding birds, the impact will be reduced by the location of works primarily being within the valley. Furthermore, significant areas of similar habitat occur in the vicinity within the rest of the Robin Hood’s Hill LWS and the Hollinwells Golf Course LWS. As detailed previously, although the works will narrow the wildlife corridor formed by the Robin Hood’s Hills LWS while the site is active, this corridor will be maintained throughout the works and will be reinstated (back to the original width) on completion of the works.
On completion of the works, habitat creation works will aim to recreate the habitats lost (although with larger areas of acid and heath and the addition of the proposed wetland areas), and therefore compensate for the habitat affected. e) Reptiles The site is considered to support a large population of grass snake and a medium sized population of common lizard (based on the area of the site), and in a county context is considered to be a high value (‘County’).
Furthermore, although a maximum count of seven grass snakes and nine common lizards (on any one day) were recorded, these numbers can only be seen as a fraction of the likely number of animals within the site. In addition, the artificial refugia were only located at specific locations within the site (see Figure 4 in Appendix 1), and therefore there were areas of very similar habitat where refugia were not placed, however reptiles are considered very likely to be present in these areas. The results appear to indicate that the cool valley floor is less important to reptiles than the higher, warmer slopes (at least during their active part of the year).
The habitats present within the LWS are considered to offer high value to reptiles, and the site was assessed as providing suitable habitat foraging, breeding (indicated by the recording juvenile grass snakes) and hibernation.
Therefore measures will need to be put in place to ensure reptiles are not harmed during the works (see the recommended translocation measures in Section 6.1.4) and significant habitat creation works will be required as part of the development proposals to ensure there is no net loss of suitable reptile habitat (see Section 6.2)
Although the works will result in a temporary loss of habitat, enhancement works (creation of log and brash piles) will take place within the proposed receptor areas prior to the start of translocation works. Significant areas of further suitable habitat will remain unaffected (within the site and within the rest of the Robin Hood’s Hills LWS and adjacent Hollinwells Golf Course LWS) into which the translocated reptiles will be able to disperse. The translocated reptiles will therefore have a large area of suitable habitat for the duration of the works.
In addition to the original proposals, a further pond and grassland area will be created in the north west corner of the site (replacing the arable field area); further details are included in Section 6.2.6. This area will be created in advance of the proposed translocation works, and although unlikely to be fully established at the start of the works, will develop during the translocation phase and provide habitat for reptiles while the landfill works take place.
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Therefore, although there will be a temporary reduction in habitat, this is not likely to have a significant impact on the local reptile populations during the relatively short time period when works are taking place. On completion of works, habitat suitable for reptiles will be recreated, with the addition of wetland areas (see Section 6.2.4)
5.4 Summary of Main Potential Ecological Issues
In the absence of mitigation, compensation and enhancement measures, the main potential impacts of the proposed works are considered to be the loss of part of the Robin Hood’s Hills LWS, loss of reptile habitat and potential harm to reptiles during the works. The works will also result in a reduction of bird nesting habitat and foraging habitat for bats.
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6. MITIGATION, COMPENSATION & FURTHER SURVEY RECOMMENDATIONS
6.1 Mitigation Recommendations
6.1.1 Robin Hood’s Hill LWS
i) Working areas should be kept to an absolute minimum. It is recommended that the landfill works be confined to the valley, and works do not impact the flatter areas to the east and south east of the site and bank beside the track to the west (see Figure 3 in Appendix 1 which shows extent of landfill works).
ii) It is recommended the existing soil be stripped and stored (stored within the improved field within the area surveyed), and then re-used during the habitat creation works. This would ensure the existing pH of the soil is maintained and increases the likely success of the habitat creation works.
iii) Temporary storage of plant or machinery should located within the improved field to avoid undue impacts to areas of the LWS that do not directly need to be impacted by the works.
iv) Any trees and shrubs that do not need to be lost by the proposed works should be adequately protected. Storage of materials, equipment and plant should take place under the ‘drip-zone’ of trees to be retained (i.e. under their canopy). Best practice should be followed (i.e. BS5837:2005 Trees in Relation to Construction) to ensure individual trees are not adversely affected.
v) The in-fill works should take place within as short a time as possible (in order to reduce the length of time surrounding habitats will be subject to increased disturbance); under the original proposals the in-fill works were proposed to take four years to complete, however it is now understood that this will be completed within two years (therefore the period of disturbance will be significantly reduced).
6.1.2 Mitigation and Avoidance Measures with Regards to the Possible Sherwood SPA It is recommended that site clearance works commence outside the bird breeding season, this will therefore ensure impacts to nesting nightjar or woodlark that may breed in the vicinity will be avoided (see Section 6.1.3 for further details).
6.1.3 Breeding Birds – Mitigation Measures a) General It is recommended that site clearance works commence outside the bird breeding season, this will therefore ensure impacts to nesting nightjar or woodlark that may breed in the vicinity will be avoided (the timing of the clearance works will need to be coordinated with the reptile translocation works as detailed in Section 6.1.4). b) Woodlark At present the site is not considered to offer potential for nesting woodlark, however during the operation phase, areas of suitable habitat (bare earth and rubble areas) will be created. Due to the likely level of activity on site (frequent vehicle movements) it is
35 Prepared by EMEC Ecology Tel: 0115 964 4828 Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment
considered that woodlarks are unlikely to nest within the immediate areas of work. However, it is possible that birds may nest in areas where activity has ceased (i.e. areas of the site where in-fill was complete, or the part of the improved field to be used for storage of the existing soil), or if works were to stop for a period of time. It is therefore recommended that should there be a break in the in-fill works within an area greater than 2 weeks, a survey will be required prior to the re-commencement of works (should this break occur during March to July). Similarly, should an area of the site be left for any period (i.e., the improved field where soil will be stockpiled), a survey would be required before the area, or area in the vicinity are affected. It is recommended that as a precaution a suitably experienced ornithologist should visit the site early in the breeding season (i.e. early March) each year, and assess the site for its potential to support breeding woodlark.
Due to the legal protection afforded to woodlark (a Schedule 1 species), should birds nest within the site in a location where disturbance may potentially occur, works would need to cease until the chicks had fledged. c) Nightjar Although the works will result in a temporary reduction of foraging habitat, it is not considered that direct impact to nightjar will occur (birds were not recorded on, or adjacent to the site). However, the site was considered to offer potential for foraging; therefore to avoid impacting foraging birds the site should not receive any floodlighting, and therefore works should not take place outside of daylight hours.
6.1.4 Reptiles a) General All native reptiles are protected under the Wildlife and Countryside Act 1981 (as amended) from intentional or reckless killing or injuring. Therefore it will be necessary to ensure that the individual reptiles within the site are adequately protected from harm. It is recommended that reptiles are captured and translocated to adjacent, similar habitat, to the south east and north west of the proposed landfill site (still within the applicant’s ownership). To increase the carrying capacity of the areas, habitat piles (log and timber piles) will be created in both areas, and a new pond and grassland area created in the north west area (see below, and Section 6.2 for further details). b) Mitigation Measures (fencing, capture & relocation) In order to prevent reptiles returning to the site (and potentially being harmed) it is recommended that the extent of the landfill area be fenced with reptile fencing. The fencing would need to stay in place for the duration of the works (with specific vehicle access points created within the fence), and then removed when all works were complete.
The reptiles would be removed from the fenced area during a period of trapping. This would involve deploying artificial refuges across the entire site and these would need to be checked for 70 suitable days between March and September (HGBI 1998); or until is considered that the vast majority of reptiles had been removed from the site.
Although it is recommended that trapping occurs for 70 days (70 days with suitable weather conditions), this is subject to change, depending on the number of reptiles captured. If a large number of reptiles are caught at the beginning of the trapping period and although conditions remain suitable, no more are caught for a significant period of
36 Prepared by EMEC Ecology Tel: 0115 964 4828 Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment
time, the total trapping period may be shortened. Similarly, if reptiles are still being trapped after 70 days, the period would need to be continued, which may require trapping in a subsequent season. Furthermore, trapping is dependent on weather conditions; therefore if conditions are poor, with long periods of rain or low temperatures, the trapping period may also potentially increase. Trapping can only take place when reptiles are active (March to mid-October, weather permitting).
Ideally the fence would be installed in early spring, with trapping commencing in late- March or April. This would then allow the entire spring / summer period for trapping. Although the work could be carried out later in the year, there is a greater possibility of the trapping needing to over-run into the following season.
Reptiles caught would be transferred outside of the fenced area into areas of suitable habitat. Two main areas of habitat will be retained within the site (although outside the fenced area) and it is proposed to translocate the reptiles into these locations. In order to increase the carrying capacity of these areas, prior to the start of translocation habitat piles (log piles and piles of brash) will be created and a new pond and grassland area created in the north west corner (as shown on Figure 6 in Appendix 1). There will be no barrier to prevent translocated reptiles dispersing into the surrounding suitable habitat present within the vicinity.
6.2 Compensation and Enhancement Recommendations
6.2.1 General The compensation and enhancement measures should aim to recreate a mosaic of bracken, grassland, heathland and scrub habitats that will result in a higher botanical diversity than the existing bracken dominated habitat. Habitats will be created specifically for woodlark and nightjar. Aquatic habitats will be created to further enhance the site, and local area, as well as providing suitable habitat for breeding amphibians. Tree and scrub planting will be undertaken to provide nesting habitat for birds as well as foraging habitat. A proposed restoration plan is provided on Figure 5 in Appendix 1, and further information on each of the proposed habitat areas is provided below.
6.2.2 Acid Grassland, Bracken and Heathland It is proposed that prior to the commencement of the landfill works, the soil is stripped and stored temporarily within the improved pasture field. This soil would then be reused during the final re-contouring of the site to ensure the soil and pH of the site is suitable for the creation of the acid grassland, bracken and heathland habitats.
Following the re-contouring of the site, the central area will be sown with an acid grassland seed mix (see Figure 5 in Appendix 1), with areas either sown with heather (area of existing improved field) or spread with cut heather (containing seeds), or alternatively areas planted with heather plug plants.
The stripped soil will retain spores and rhizome from the bracken that currently dominated the site; therefore bracken will re-establish when the stripped soil is spread across the site during the re-contouring works.
6.2.3 Scrub and Tree Plants Areas within the site (see Figure 5 in Appendix 1) will be planted with gorse and small areas will be planted with silver birch. This will provide habitat for nesting and foraging
37 Prepared by EMEC Ecology Tel: 0115 964 4828 Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment
birds. Trees and scrub will also be planted within the additional enhancement area in the north west corner (see Section 6.2.6).
6.2.4 Ponds and Wetland Creation It is recommended that two ponds and an associated wetland area be created within the existing improved field area. The ponds / wetland area would need to be constructed in a manner that will ensure water is maintained during most seasons. Although ponds can be created using artificial liners, these tend to have a finite life span and are particularly prone to vandalism and puncture. Therefore it is recommended that the ponds and wetland area be created using a clay base to ensure longevity of the habitat. It is not considered that the ponds and wetland should be of a large size (to avoid reducing the available grassland and heathland habitat). It is recommended that one pond be approximately 10m by 10m and the second pond 5m by 5m. The wetland areas could be created as margins around the ponds (as shown on Figure 5 in Appendix 1).
A further pond is recommended for the north west corner (within the arable field area); further details are included in Section 6.2.6.
The ponds would provide suitable habitat for amphibians (common toads currently occur on site in low numbers) which in turn will provide an additional food source for grass snake. The ponds and wetlands would also provide additional foraging habitat for bats.
6.2.5 Habitat Piles and Hibernacula A series of habitat piles (logs and brash) should be created across the recreated habitat and hibernacula (logs and rubble partly buried) also included (see Figures 5 and 6 in Appendix 1 for approximate locations).
6.2.6 Additional Habitat Creation in the North West Corner of the Site In addition to the original proposals, a further area of habitat creation in recommended. This would occur in the north west corner of the site and replace the arable field area. The measures would include a further pond, grassland area, an earth bund and scrub and tree planting (across the bund). This will provide habitat for reptiles (pond, south facing bank of the bund and the grassland area) and for nesting birds (tree and scrub planting). This area will be created in advance of the reptile translocation works. In order to reduce the fertility of the area, the top 20cm of soil forming the arable field will be scrapped up to create a bund along the northern boundary. The exposed soil would then be sown with a diverse wildflower seed mix. The new bund would also be sown with wildflowers and also planted up with scrub and trees on the northern side (the southern side would therefore be suitable for basking reptiles. Two artificial hibernacula / habitat piles would also be created in this area close to the pond. This area of habitat creation would be created prior to the start of the reptile translocation works.
It is also recommended that consideration should be given to creating a similar earth bund (via striping the top 20cm of soil) within the improved field prior to the start of works, with the bund created along the northern edge to screen the site and associated habitat features from the road.
6.2.7 Management Plans and 15-year Management Period On completion of the landfill works a 5-year management plan for the site (to include all the land within the applicant’s ownership) will be produced. This will cover the initial
38 Prepared by EMEC Ecology Tel: 0115 964 4828 Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment
habitat creation works and the period as the site establishes. Measures would be included to remedy any areas of the site where the habitat recreation works are not establishing as projected; such as replacing failed tree and scrub specimens, removing undesirable ‘weed’ species or increasing the species diversity of the grassland areas, if some desired species fail to establish from the seed mix.
The management plan would be updated every 5 years to take account of the habitats as they establish and mature. The key objectives of the management plant would be to ensure the mosaic of habitats created is retained and that high quality reptile habitat is maintained across the site. Bare areas within the re-created habitats should be maintained for woodlark foraging and potentially nesting.
Funding will be allocated for the initial recreation works, for the production of the management plans and for their implementation for a period of at least the first 15-years following completion of the works.
6.4.8 Site Perpetuity and Protection Funding should be put in place to cover the initial recreation works, the management plans and the implementation of management for the first 15-years following completion of works. Furthermore, measures should be put in place to ensure the site is maintained for its ecological interest, and is protected from future development proposals.
39 Prepared by EMEC Ecology Tel: 0115 964 4828 Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment
REFERENCES
BTO 2011 A Field Guide to Monitoring Nests. British Trust for Ornithology.
EMEC Ecology 2010 Proposed Inert Landfill Site off Derby Road Kirkby-in-Ashfield in Nottinghamshire: Ecological Assessment. A report Ian Baseley Associates.
English Nature 1994a Survey and Monitoring of Reptiles. From: Species Conservation Handbook. Herps 2.1. English Nature, Peterborough.
Froglife 1999 Froglife Advice Sheet 10: Reptile Survey. Froglife, Halesworth
HGBI 1998 Evaluating local mitigation / translocation programmes. Herpetofauna Groups of Britain and Ireland
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.
RSPB 2009 Birds of Conservation Concern 3: the population status of birds in the United Kingdom, Channel Islands and the Isle of Man. British Birds 102, pp296–341.
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: www.ukbap.org.uk
UK Biodiversity Action Plan http://www.ukbap.org.uk/NewPriorityList.aspx
40 Prepared by EMEC Ecology Tel: 0115 964 4828 Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment
APPENDIX 1: FIGURES
Figure 1: Site Location Plan
Site Location
41 Prepared by EMEC Ecology Tel: 0115 964 4828 Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment
Figure 2: Location of Local Wildlife Sites in Close Vicinity of the Site
Site Location
LWS 5/38 – Robin Hood’s Hills
LWS 2/225 – Hollinwell Golf Course
42 Prepared by EMEC Ecology Tel: 0115 964 4828 Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment
Figure 3: Survey Area, Survey Features and Target Notes
43 Prepared by EMEC Ecology Tel: 0115 964 4828 Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment
Figure 4: Reptile Survey Results
44 Prepared by EMEC Ecology Tel: 0115 964 4828 Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment
Figure 5: Restoration Plan and Reptile Habitat Enhancements
A bund should be considered along the edge of the site if possible in order to screen the habitat enhancements from the road
Ponds (surrounded by wetland areas)
Bare ground areas to be maintained for woodlark nesting and foraging
45 Prepared by EMEC Ecology Tel: 0115 964 4828 Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment
Figure 6: Reptile Fencing and Translocation Areas
46 Prepared by EMEC Ecology Tel: 0115 964 4828 Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment
Figure 7: Possible SPA Habitat Areas
47 Prepared by EMEC Ecology Tel: 0115 964 4828 Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment
Figure 8.1: Breeding Bird Survey – 1st Survey Visit
Figure 8.2: Breeding Bird Survey – 2nd Survey Visit
48 Prepared by EMEC Ecology Tel: 0115 964 4828 Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment
Figure 8.3: Breeding Bird Survey – 3rd Survey Visit
Figure 8.4: Breeding Bird Survey – 4th Survey Visit
49 Prepared by EMEC Ecology Tel: 0115 964 4828 Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment
Figure 8.5: Breeding Bird Survey – 5th Survey Visit
50 Prepared by EMEC Ecology Tel: 0115 964 4828 Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment
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. Bluebell is protected by WCA 1981 (as amended), in respect of Section 13(2), which protects it from 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 England.
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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; 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 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.
52 Prepared by EMEC Ecology Tel: 0115 964 4828 Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment
APPENDIX 3: BOTANICAL SPECIES LIST English Name Scientific Name Trees and Shrubs Ash Fraxinus excelsior Elder Sambucus nigra Gorse Ulex europaeus Hawthorn Crataegus monogyna Hazel Corylus avellana Holly Ilex aquifolium Horse-chestnut Aesculus hippocastanum Norway Maple Acer platanoides Pedunculate Oak Quercus robur Raspberry Rubus idaeus Rowan Sorbus aucuparia Scots Pine Pinus sylvestris Silver Birch Betula pendula Sycamore Acer pseudoplatanus Herbs Barren Brome Anisantha sterilis Bluebell Hyacinthoides non-scripta Bracken Pteridium aquilinum Bramble Rubus fruticosus agg. Cleavers Galium aparine Cock's-foot Dactylis glomerata Common Bird's-foot-trefoil Lotus corniculatus Common Chickweed Stellaria media Common Knapweed Centaurea nigra Common mouse-ear Cerastium fontanum Common Nettle Urtica dioica Common Ragwort Senecio jacobaea Cow Parsley Anthriscus sylvestris Creeping Cinquefoil Potentilla reptans Creeping Thistle Cirsium arvense Daisy Bellis perennis Dandelion Taraxacum officinale agg. False Oat-grass Arrhenatherum elatius a forget-me-not Myosotis sp. Foxglove Digitalis purpurea Garlic Mustard Alliaria petiolata Germander Speedwell Veronica chamaedrys Goat Willow Salix caprea a grape hyacinth Muscari sp. Greater Burdock Arctium lappa Greater Celandine Chelidonium majus Ground-elder Aegopodium podagraria Heath Bedstraw Galium saxatile Hogweed Heracleum sphondylium Honeysuckle Lonicera periclymenum Oxeye Daisy Leucanthemum vulgare
53 Prepared by EMEC Ecology Tel: 0115 964 4828 Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment
English Name Scientific Name Perennial Rye-grass Lolium perenne Red Clover Trifolium pratense Ribwort Plantain Plantago lanceolata Rosebay Willowherb Chamerion angustifolium Sheep's Sorrel [agg.] Rumex acetosella Wavy Hair-grass Deschampsia flexuosa White Clover Trifolium repens White Dead-nettle Lamium album Wood Sage Teucrium scorodonia Wormwood Artemisia absinthium Yarrow Achillea millefolium
54 Prepared by EMEC Ecology Tel: 0115 964 4828 Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment
APPENDIX 4: DESK STUDY DATA
Zoe Jackson Trainee Ecologist EMEC Ecology The Old Ragged School Brook Street Sneinton Nottingham NG1 1AE
6th May 2010
Your ref: 2837/ZJ/10 Our ref: G:/nbrcenqu/EMEC221.doc
Dear Zoe
Re: Ecological Assessment of Land off Derby Road, Kirkby-in-Ashfield reference SK 513 548
Thank you for consulting Nottinghamshire Biological and Geological Records Centre (NBGRC). Having carried out a search of our records I can provide you with the following information.
There are twenty-two Local Wildlife Sites LWS (were called Sites of Importance for Nature Conservation - SINCs) in your search area. The Nottinghamshire Natural History Site Alert Schedule describes these sites as follows:-
1/5 Kirkby Woodhouse Limestone Grassland 2.25 ha As SK 493546 A species-rich calcareous bank
1/9 Kirkby Grives (I) 19 ha As SK 498554 Very fine examples of calcareous and more neutral grassland, with scrub and floristically species-rich woodland
1/34 Newstead Park (including River Leen System) 406 ha Ge Ne As SK 549540 An impressive variety of habitats of faunal and floral importance
2/16 Grassland, Kirkby Grives 1.75 ha As SK 493552 A rough, damp, notable grassland
2/76 Calf Pasture
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9 ha Ge SK 531537 Ponds succeeding to scrub and surrounded by woodland
2/214 Kirkby Woodhouse Bank 0.75 ha As SK 490544 A steep bank clothed in ruderal vegetation with a notable calcareous community
2/220 Halfmoon Mosaic, Kirkby in Ashfield 2 ha As SK 510551 A valuable habitat mosaic of woodland, scrub, and acidic grassland
2/225 Hollinwell Golf Course 129 ha As Ge SK 524547 An extensive area incorporating a number of acidic habitat types with their characteristic species
5/37 Kirkby Woodhouse Grassland As SK 493544 A species-rich scarp grassland, incorporating unimproved dry calcareous and damp neutral grassland, valuable marsh and scrub
5/38 Robin Hood's Hills As SK 510545 A large area of acidic woodland, extensive bracken and notable heath communities on south facing slopes
5/50 Annesley Woodland (i) As SK 502528 A noteworthy mosaic of dry and wet deciduous woodland
5/54 Annesley Forest As SK 513525 A mixed forestry plantation with a noteworthy and diverse flora
5/389 Newstead Football Pitch Ge SK 518524 A species-rich unimproved acidic and neutral grassland with notable acidic flush communities
5/392 Newstead Colliery Spoil Ge SK 523536 A very diverse site with a mosaic of habitats and a notable flora
5/897 Kirkby Grives Grasslands As SK 494550 Two species-rich neutral grasslands with wet and dry areas
5/1103 Moseley Spring
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As A damp acid woodland
5/2000 Bentinck Void As A mosaic of habitats of botanical and zoological note on the site of a former mine
5/2111 Kirkby Bentinck Dismantled Railway As A mosaic of scrub and grassland with diverse calcicole species
5/2125 Annesley Woodhouse Grassland As A fine example of a damp coal measures grassland
5/2128 Annesley Cemetery As A notable acid grassland community persisting in a cemetery
5/2156 Blidworth Road Verge As Species-rich grassland along a stretch of road verge
5/2266 Erewash Meadow, Portland Park As A hay meadow with a coal measures grassland flora
Enclosed is survey data for these sites where available and a map showing the site boundaries.
We have the following protected and notable species records from this search area.
Badger:
We have no badger records from your search area.
Information on Badgers and other notable mammals not yet copied to NBGRC may be held on the County Mammal Database for which please contact John Ellis, Nottinghamshire Wildlife Trust, The Old Ragged School, Brook Street, Nottingham NG1 1EA.
Bat:
Species Square Grid Date Location No. Type Ref. Notes Pipistrelle Bat SK4953 SK499539 21/06/2000 4 Kendall Close, 1 Roost under Roost Annesley eaves in
57 Prepared by EMEC Ecology Tel: 0115 964 4828 Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment
Woodhouse cavity. Droppings inside roof void Pipistrelle Bat SK4953 SK497539 23/09/1992 18 Greenhill Lane, 75 Owners Roost Annesley blocked the Woodhouse access point to roof void. Awaiting action Pipistrelle Bat SK5053 SK506538 27/07/1999 9 Priory Avenue, 1 Grounded Casual Annesley and released Woodhouse Unidentified Bat SK5053 SK503535 Spring field near Forest Casual 2009 Road, Annesley Unidentified Bat SK5056 SK504560 10/08/1995 Kwiksave, Station 1 Bats Casual Road, Kirkby-in- reported Ashfield setting off alarm. Injured juvenile found Unidentified Bat SK5153 SK514538 02/08/2002 1 Warren Avenue, Roost in Roost Annesley Village building Pipistrelle Bat SK5153 SK515539 10/01/1999 8, Warren Ave, ?Old with Casual Annesley Village Left wrist injury. Very weak and unable to fly Brown Long-eared SK5153 SK517535 09/03/2002 Annesley Bentinck Link: EMEC Roost Bat Colliery report Pipistrelle Bat SK5153 SK5153 01/08/1993 Annesley Village Casual Brown Long-eared SK5156 SK511563 29/07/1998 56, Welbeck St, 1 Orphaned Casual Bat Kirkby in Ashfield baby Whiskered Bat SK5156 SK512567 13/04/2002 19 Pinewood Close, Grounded Casual Kirkby-in-Ashfield adult female Unidentified Bat SK5252 SK5212 26/07/2009 23 Webb Street, Casual 5279 Newstead Village Brown Long-eared SK5255 SK526559 30/11/2000 Forest Farm, Kirkby- 3 Found in loft Roost Bat in-Ashfield of farmhouse as part of a bat call Brown Long-eared SK5352 SK539520 18/10/2004 Farm Buildings at Small Roost Bat Weir Mill Farm, occasional Linby day roost Brown Long-eared SK5353 SK537535 29/01/2001 Poet's Corner, 1 Roost in roof Roost Bat Newstead Abbey space. Found Park during works. Lots of droppings especially close to chimney breast Daubenton's Bat SK5353 SK539537 14/09/2001 Newstead Abbey 15/20 bats Casual Lake feeding over the lake Pipistrelle Bat SK5353 SK539537 14/09/2001 Newstead Abbey Casual
58 Prepared by EMEC Ecology Tel: 0115 964 4828 Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment
Lake
Butterfly:
There is one Local Wildlife Sites for butterfly interest in your search area. Dingy Skipper SK5253 SK523536 1980-2008 Annesley Pit Top.
Crayfish:
Species Square Grid Ref. Dates Location Notes
White- SK5353 SK539537 2004 Newstead Receptor site upstream clawed Abbey of Garden Lake Crayfish
Herpetofauna:
Species Square Grid Ref. Date Location No. Notes Grass SK4955 SK4955 29/07/1999 Ashfield Many seen Snake Grass SK4955 SK498554 01/07/1997 Ashfield Snake Common SK5053 SK503535 Spring Annesley Field near Forest Road Frog 2009 Common SK5053 SK503537 1990 Annesley Breeding. 4, Acacia Frog Avenue, Annesley Woodhouse Common SK5053 SK503535 Spring Annesley field near Forest Road Toad 2009 Common SK5053 SK503537 1990 Annesley 4 Acacia Avenue, Toad Annesley Woodhouse Grass SK5053 SK503535 Spring Annesley Field near Forest Road Snake 2009 Common SK5054 SK508544 1993 Annesley 2 Garden pond Frog Common SK5054 SK5054 1989 Ashfield Breeding. Belmont Frog Road, Kirkby in Ashfield Common SK5054 SK506543 1995 Ashfield 272, Nuncargate Frog Common SK5055 SK5055 07/03/2001 Ashfield 8 Breeding. 78, Oxford Frog Street, Kirkby Smooth SK5055 SK5055 2001 Ashfield 78, Oxford Street, Newt Kirkby Common SK5252 SK524527 1993 Newstead Found on Linby Trail Lizard Common SK5252 SK527521 1993 Newstead Found on Linby Trail Lizard Common SK5254 SK521548 1999 Ashfield 1 Adult, 15yds from the
59 Prepared by EMEC Ecology Tel: 0115 964 4828 Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment
Frog rough of Hollingwell Golf Course under forestry plantation, Kirkby Forest Common SK5352 SK534522 1988 Linby 1 By small pool. Quarry Frog Banks Common SK5352 SK530523 12/05/1998 Linby Near Quarry Banks Frog Common SK5352 SK537523 27/05/1998 Linby Tadpoles. Linby Quarry Toad Ponds Smooth SK5352 SK537523 27/05/1998 Linby Adults. Linby Quarry Newt Ponds Common SK5353 SK5353 1999 Newstead Toadlets crossing to the Toad Abbey at Newstead
Moth:
There are no Local Wildlife Sites for moth interest in your search area but some notable species at Hollinwell Golf Club. The grading is Dr Sheila Wright’s system for Nottinghamshire conservation status, in accordance with an assessment based upon a combination of their national conservation status and their recorded distribution within Nottinghamshire (Ref: The Conservation Status of Lepidoptera in Nottinghamshire, S. Wright 1995, 2nd edition 2001).
Species Square Grid Ref. Dates Location Notes Angle- SK5254 SK524547 1980-2008 Hollinwell Grade 2. Site not yet striped Golf Club qualifying as a SINC for it's Sallow macro moth importance but which may well qualify when more is known about it. Large Ear SK5254 SK524547 1980-2008 Hollinwell Grade 3. Site not yet Golf Club qualifying as a SINC for it's macro moth importance but which may well qualify when more is known about it. Suspected SK5254 SK524547 1980-2008 Hollinwell Grade 3. Site not yet Golf Club qualifying as a SINC for it's macro moth importance but which may well qualify when more is known about it.
Otter:
We have no otter records from your search area.
Water Vole:
60 Prepared by EMEC Ecology Tel: 0115 964 4828 Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment
Square Grid Ref. Dates Location Habitat No. Notes SK4952 SK491527 25/12/2007 Cuttail Brook, Davis's Bottom SK5253 SK528537 07/04/2002 Annesley Bentinck pond/stream 25 latrines, Pit Tip above-ground nest in Juncus. WV monitoring site. SK5253 SK528537 07/04/2002 Annesley Bentinck stream Pit Tip, Rive
The information provided is copyright of Nottingham City Council.
There will be a charge of £125.00 plus vat for this data search invoice to follow.
Please contact me on (0115) 9153909 if you have any questions about this data.
Yours sincerely
Peter Acton Nottinghamshire Biological and Geological Record Centre
61 Prepared by EMEC Ecology Tel: 0115 964 4828 Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment
62 Prepared by EMEC Ecology Tel: 0115 964 4828 Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire Updated Ecological Assessment
QUALITY ASSURANCE
TITLE: Proposed Inert Landfill Site off Derby Road, Kirkby-in-Ashfield in Nottinghamshire: Updated Ecological Assessment
SUBMITTED TO: Ian Baseley Associates
ISSUE AND REVISION RECORD:
Report Reference: 13/3557/SR/01
Revision Number: 1
Description: Final Report
Date: 1st March 2013
AUTHOR
Name: Steve Ralph MSc MIEEM Signed:
INTERNAL REVIEWER
Name: Sean Gallagher MSc MIEEM Signed:
63 Prepared by EMEC Ecology Tel: 0115 964 4828