Phase 1 Habitat Survey Rosewood Farm Essex

PHASE 1 HABITAT SURVEY ROSEWOOD FARM ESSEX

Prepared Checked Approved Version Date Date Date by by by

R1 Jack 11/06/2013 Thomas 14/06/2013 Graeme 14/06/2013 Fenwick McQuillan Skinner

PHASE 1 HABITAT SURVEY ROSEWOOD FARM COMMON ROAD BROADLEY COMMON ESSEX EN9 2DF

GRID REF: TL 422 071

FOR NIC PEACE

Naturally Wild Consultants Limited Office 38 Evans Business Centre Unit 1 Stephenson Court Skippers Lane Ind. Est. Middleborough TS6 6UT

Email: [email protected]

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Contents Page

EXECUTIVE SUMMARY 4

1 INTRODUCTION 5 1.1 Background 5

2 RELEVANT LEGISLATION & POLICY 6

3 PHASE 1 HABITAT SURVEY 6 3.1 Objective of Survey 6 3.2 Survey Area 6 3.3 Habitat Description 7 3.4 Survey Constraints 7

4 METHODOLOGY 8

5 RESULTS 9 5.1 Desktop Study 9 5.1.1 Desktop Study 9 5.1.2 Statutory and Non-statutory Search 10 5.2 Site Visit 12 5.2.1 On Site Ecological Features 12 5.2.2 Off Site Ecological Features 13 5.2.3 Protected Species 13 5.2.4 Phase 1 Habitat Map 15

6 EVALUATION & RECOMMENDATIONS 17

7 SITE IMAGES 18

8 REFERENCES 25

9 APPENDIX 25 8.1 Additional Information for the Legislation 25 of Other Protected Species

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EXECUTIVE SUMMARY

Naturally Wild were commissioned to undertake a Phase 1 Habitat Survey at Rosewood Farm, and associated land to the south, which is located directly off Common Road, Broadley Common, Essex. The objectives of the survey were to classify and value the habitats on site and to determine the suitability of the site for protected species. The survey would also assess the suitability of the immediate surrounding features for protected species and habitat value.

The proposed development will be subject to a planning application for the redevelopment of the site for residential use, to include the construction of 39 residential units on the site. The surveyed site is located at National Grid Reference Point TL 422 071, and covers 0.94 ha. As part of the planning process an ecological survey is required to assess the potential impacts upon protected species or habitats as a result of the development and whether any appropriate mitigation or compensation effort would be required to allow works to continue.

The site survey work was completed in June 2013 by Ecologist Jack Fenwick and Senior Ecologist Thomas McQuillan.

The site assessment included two parts: a desktop based search to collate publically available data on protected species and sites on and surrounding the development site; and a site visit in which all habitats were documented to determine their suitability to protected species, including great crested newts, badger, reptiles, birds, bats and other protected species.

The site assessment concluded that the site offered negligible value to bats, amphibians and badger, of which no suitable habitat was recorded.

The habitats on site are considered valuable to nesting birds (stables, mature trees and hedgerows) and reptile species (scrubby vegetation, refugia and open areas for basking). As such, further survey effort is recommended to provide additional information on reptile presence within the site.

Following the site assessment, in line with initial objectives, Naturally Wild would recommend that the implementation of a series of mitigation measures to ensure that the development does not incur a negative impact on protected species and habitats. Details on such measures are provided within this report and further survey effort in relation to reptiles and avoidance of site clearance works during the bird-nesting season, which runs from early February to late August.

Should the mitigation and compensation measures outlined within this report be implemented, the impacts of the development should be adequately mitigated.

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PHASE 1 HABITAT SURVEY, ROSEWOOD FARM, ESSEX.

1 INTRODUCTION

1.1 Background Naturally Wild were commissioned to undertake a Phase 1 Habitat Survey at Rosewood Farm, and associated land to the south, which is located directly off Common Road, Broadley Common, Essex. The objectives of the survey were to classify and value the habitats on site and to determine the suitability of the site for protected species. The survey would also assess the suitability of the immediate surrounding features for protected species and habitat value.

The proposed development will be subject to a planning application for the redevelopment of the site for residential use and associated infrastructure. The proposed redevelopment design plan is shown in Figure 6, and would include the construction of 39 residential units on the site. The surveyed site is located at National Grid Reference Point TL 422 071, as shown in Figure 1. The surveyed site is accessed via directly off Common Road, and covers 0.94 ha. The large residential area of Harlow is situated approximately 0.7 km to the northeast.

As part of the planning process an ecological survey is required to assess the potential impacts upon protected species or habitats as a result of the development and whether any appropriate mitigation or compensation effort would be required to allow works to continue.

Figure 1. The red line shows boundary of the application site.*1

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2 RELEVANT LEGLISLATION AND POLICY

British wildlife is protected by a range of legislation, the most important being the Wildlife and Countryside Act 1981, the Conservation (Natural Habitats &c) Regulations 1994 and the Countryside Rights of Way Act 2000. The Wildlife and Countryside Act as amended mainly by the Countryside Rights of Way Act protects species listed in Schedules 5 and 8 of the Act (animals and plants respectively) from being killed, injured, and used for trade. For some species, such as Great Crested Newts and all bat species, the provisions of this act go further to protect animals from being disturbed or taken from the wild and protects aspects of their habitats. The act also stipulates that offences occur regardless of whether they were committed intentionally or recklessly. The parts of this legislation that apply to most reptile species are in regard to killing, injury and trade only and do not protect their habitat, nor are they protected from disturbance or from being taken from their habitat.

The Conservation (Natural Habitats &c) Regulations is the English enactment of European legislation and provides similar but subtly different protection for species listed on Schedules 2 and 4 of those regulations. A recent change in this legislation means that the provisions of this act now complement those of the Wildlife and Countryside Act more. Species to which these provisions apply are the European Protected Species. Activities that might cause offences to be committed can be legitimised by obtaining a licence from the relevant statutory body.

Birds receive protection under the Wildlife and Countryside Act also. It is an offence to intentionally or recklessly kill, injure or take any wild bird; take, damage or destroy a nest of a wild bird whilst it is in use or being built; or to take, damage or destroy an egg of a wild bird. The bird-nesting season is defined as being from 1st February until 31st August with exceptions and alterations for some species.

3 PHASE 1 HABITAT SURVEY

3.1 Objective of Survey The objective of the survey was to ascertain if any protected species may be using the site, document the habitats present and determine any potential ecological risks posed by the development during and post construction. The survey would include a desktop assessment using a range of available resources. The site survey would be completed under suitable weather conditions and by experienced ecologists. The site survey also included an assessment of the stable buildings on site in regards bird species. Further to this, the survey would assess the details of the survey findings and the ecological risks posed by the work, and how such impacts should be mitigated and compensated for. The site visit was completed on 10/06/2013 by Ecologist Jack Fenwick and Senior Ecologist Thomas McQuillan.

3.2 Survey Area The footprint of the survey area, which covers 0.94 ha, and associated habitats were assessed, including the stable buildings on site, as were the immediate surrounding habitats. The site proposed for development is located at Grid Reference TL 442 071, and is shown in Figure 1. The Full National Grid Reference Point for the central point of the surveyed site is 542290, 207110.

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3.3 Habitat Description The application site covers 0.96 ha and for ease of description within this report has been split into two key areas (Figure 2). Area 1 on the north of the site included several adjoined stable buildings with associated hard standing; fenced dressage/ exercise area and horse grazed paddocks; whilst Area 2 to the south comprised of unmanaged grassland vegetation, hard standing and dumped refuge piles. The site is bordered by wooden fencing to the north, east and west, with a line of mature conifer trees forming the southern boundary. The site is accessed directly off Common Road to the west. The site is currently active and is used to keep horses (approximately 10 resident horses).

Area 1

Area 2

Figure 2: Red line shows the application boundary (satellite image).*2

3.4 Survey Constraints Access into area to the south of the site was impeded due to the dense overgrown vegetation. This is not considered to have significantly impacted on the outcomes of the site assessment, however has been taken into account in regards to recommendations.

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4 METHODOLOGY

4.1 Phase 1 Habitat Survey The Phase 1 Habitat survey comprised two parts: a desktop study and a site visit. The desktop search collates all available public information regarding the biodiversity of the area, the habitat structure of the surrounding area and statutory and non-statutory designations. A detailed records search would be completed for the presence of protected species in the area using the National Biodiversity Network Gateway.

The field survey consisted initially of an assessment of the habitats on site. The dominant vegetation structure was identified, allowing the habitats on site to be classified. Following this, the site was searched using visual encounter survey techniques; checking under any refugia present for sheltering animals. Any thick vegetation bordering the site was assessed in detail for commuting tracks used by species such as badgers and foxes. All bird species of interest were recorded. The vegetation on site was assessed for presence of invasive species. Any trees of habitat importance would be noted. These activities were not limited solely to the site and the surrounding area was also investigated.

An initial assessment of any trees was completed. The assessment confirmed species, age, size, ecological importance and the requirement for any protection measures during the construction phase.

Protected Species Risk Assessment The habitats on site were assessed for the following species: • Bats: identify potential roosting points, foraging habitat and commuting pathways. • Badgers: identify any setts or evidence of foraging or presence on site or in the surrounding area. • Reptiles: habitat assessment. Check potential refugia on site and in the surrounding area. • Great crested newts: Terrestrial and aquatic habitat assessment, on site and in surrounding area. • Birds: evidence of roosting and nesting. Assessment of potential bird habitat on site. • Other mammal species identified during the desktop assessment.

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5 RESULTS

5.1.1 Desktop Study The desktop study looked at current publically available data relating to protected species within the area and to local knowledge from past surveys undertaken by team members in the area. Naturally Wild have completed a search on the National Biological Network (NBN)*3: Species that are relevant to this Ecological Survey, are noted at BAP 2007 species and have been recorded in TL40 are listed below:

Amphibian Species Common Toad Bufo bufo Great Crested Newt Triturus cristatus

Bird Species Common Cuckoo Common Grasshopper Warbler European Nightjar Eurasian Tree Sparrow European Turtle Dove Grey Partridge Hawfinch House Sparrow Lesser Redpoll Northern Lapwing Reed Bunting Spotted Flycatcher Tree Pipit Wood Warbler Yellowhammer

Reptile Species Adder Vipera berus Grass Snake Natrix natrix Slow-worm Anguis fragilis

Terrestrial Mammal Species Brown Hare Lepus europaeus Eurasian Red Squirrel Sciurus vulgaris European Water Vole Arvicola amphibius Harvest Mouse Micromys minutus Polecat Mustella putorius Soprano Pipistrelle Pipistrellus pygmaeus West European Hedgehog Erinaceus europaeus Western Barbastelle Barbastella barbastellus

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5.1.2 Statutory and non-statutory search*4 The application site is not located on or directly adjacent to any statutory and non-statutory protected sites, with the nearest statutory protected area being Harlow Woods SSSI (Site code: 1064465, includes 24.35 ha of broadleaved, mixed and yew woodland – lowland habitat) located 1.62 km to the southeast. There are also several Local Nature Reserves (LNR’s) in the surrounding area, with the nearest site being Nazeing Triangle LNR (Site code: 1009559, 1.54 ha) located 1 km to the southwest. It is not considered that any of the protected sites within the surrounding area have any significant habitat or species interaction with the development site or habitats in the immediate vicinity and therefore, no significant impact to such sites is envisaged. An extended list of protected sites within 10 km of the application site can be seen below in Table 1. The location of the protected sites can be seen represented in Figure 3, with the habitats in the area surrounding the development site shown in Figure 5.

Figure 3: Position of the surveyed site in relation to protected sites in the surrounding area (purple – SSSI’s, green – LNR’s)*4

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Table 1: Relevant statutory and non-statutory designated sites within 10 km of the application site.*4 Site Designation Site Code Site Name Area (ha) Distance 1009559 Nazeing Triangle 0.54 1 km to the southwest

1009065 Parndon Woods & 50.44 1.63 km to the east Common 1083010 Hawkenbury Meadow 1.57 2.1 km to the northeast

1008935 Harlow Marsh 13.77 4.59 km to the northeast

1083315 Thornwood Common 3 5.32 km to the Local Nature Flood Meadow southeast Reserves 1134138 Top Field and Cozens 6.06 6.16 km to the west Grove 1009560 Roughtalleys Wood 3.37 7.54 km to the southeast 1009548 Church Lane Flood 3.31 7.7 km to the southeast Meadow 1083314 Weald Common Flood 1.86 8.35 km to the Meadow southeast 1123087 Home Mead 1.81 9.75 km to the south

1064465 Harlow Woods 24.35 1.62 km to the southeast 1064135 Hunsdon Mead 26.68 3.79 km to the north

1064681 Rye Meads 17.02 4.2 km to the northwest

1460623 Epping Forest 108.22 5.85 km to the Sites of Special southeast Scientific Interest 1064587 Turnford & Cheshunt Pits 30.67 5.85 km to the southwest 1064741 Amwell Quarry 29.07 6.9 km to the northwest

1064664 Wormley-Hoddesdonpark 62.44 6.95 km to the west Wood North 1064604 Wormley-Hoddesdonpark 26.4 8.82 km to the west Wood South

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5.2 Site Assessment Naturally Wild staff; who have been fully trained in ecological surveying, assessment and mitigation techniques; completed a desktop assessment using satellite images and data resources, and then a site visit on 10th June 2013 under suitable weather conditions. The site visit assessment covered within this report was lead by Jack Fenwick, who is experienced in Phase 1 Habitat assessment work. The assessment determined the overall characteristics of the site, and it’s potential value of all habitats for European Protected Species. All survey and assessment work was completed in line with official assessment guidelines produced by Natural England and the Chartered Institute for Ecology and Environmental Management (CIEEM).

5.2.1 On Site Ecological Features The application site covers 0.96 ha and is accessed directly off Common Road to the west. The site can be split into two key areas (Figure 1). Area 1, on the north of the site, includes several adjoined stable buildings of differing construction. The stable block on the eastern side is of wooden construction covered by corrugated metal sheeting. The stable is open-fronted on the northern side and used as a hay store. The central stable sections are of wooden construction with a wooden board roof overlaid by metal sheeting. The internal voids are open from floor to ceiling (no enclosed loft voids) and used as stables and office facilities, with typical stable doors on the northern side. The stable blocks to the west are of painted breezeblock construction with chipboard and felt roof. Again, these are used as stables and are have open, floor to ceiling internal voids and stable doors on the northern side. The barns are home to at least two pairs of barn swallows (confirmed – visual sightings), with a possible third active nest. Immediately surrounding the stable building to the north is hard standing, a mixture of concrete and gravel. Also included within Area 1 is a wooden fenced, dressage/ exercise area with shredded rubber flooring, on the western side. On the east of Area 1 are wooden fenced paddocks, regularly grazed by horses producing a short grass sward.

Area 1 and 2 are separated by a wooden fence line and a scrubby hedgerow to the east. Area 2 is dominated by an area of hard standing (gravel) used as a storage area on the west, with ruderal species breaking through. The eastern side of this southern area is dominated by overgrown scrubby vegetation. This dense vegetated area is a majority of bramble, nettle and common grasses (rye-grass and fescue species). The remnant metal frame of a poly-tunnel is situated on the eastern side of Area 2 and overgrown by thick vegetation (bramble). Several mature poplar trees are situated to the north of the poly tunnel. There are two derelict, wooden stables on the northwest on Area 2, immediately behind the stable buildings and another wooden shed within the centre of this area, surrounded by a thick nettle bed. Litter and other debris is sporadically scattered throughout Area 2 and congregated in two piles (Figure 2) where materials have been burnt.

There are no areas of woodland on site and no water bodies/ courses present.

The site as a whole is bordered by wooden garden fencing on the north, west and east; with mature conifer trees creating the southern boundary and also present along the southwest and southeast sections of boundary wooden fencing.

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5.2.2 Off Site Ecological Features The site is immediately surrounded by residential housing with agricultural land (predominantly arable) beyond this, in all directions. There is a distinct lack of mature woodland within the surrounding area, with the nearest significant area located 1.5 km to the east. There is a single pond located 400 m to the north, although access was not possible for an assessment, however connectivity with the development site is considered low due to a busy road and residential housing acting as a barrier.

The application site is not located on or directly adjacent to any statutory and non-statutory protected sites, with the nearest statutory protected area being Harlow Woods SSSI (Site code: 1064465, includes 24.35 ha of broadleaved, mixed and yew woodland – lowland habitat) located 1.62 km to the southeast. There are several Local Nature Reserves (LNR) is the wider area, the closest (Nazeing Triangle) is located 1 km to the southwest. It is not considered that any of the protected sites within the surrounding area have any significant habitat or species interaction with the development site or habitats in the immediate vicinity and therefore, no significant impact to such sites is envisaged.

5.2.3 Protected Species

Great Crested Newts: There are no records of GCN (NBN data search) within 1 km of the development site, the nearest known GCN population is situated approximately 2.5 km to the south. There are no ponds on site and the only known pond within 500 m of the development site is located 400 m to the north. Access to the pond was not possible, however aerial imagery of the site would suggest the pond is covered with an algal layer. There is also high potential presence of waterfowl and fish. The development site is not considered to have good connectivity with the pond due to the presence of a busy road and residential housing acting as dispersal barriers. Furthermore, the terrestrial habitat surrounding the pond is considered to be of high quality and so dispersal to the wider area (predominantly residential) is unlikely. The developments on site are not considered to hold a significant risk to GCN in the local area.

Badger: There is no suitable habitat on site that could support a badger sett (mature woodland or tree copse). In addition, the nearest suitable woodland able to support a badger sett is located 1.5 km to the east. The scrubby vegetated area present within southern regions of the site (Area 2) holds the potential to be utilised by foraging badger. There were no signs of badger activity (setts, prints, latrines, feeding scrapes or guard hairs) recorded during the site assessment. It is not considered that the developments on site hold a significant risk to badger.

Reptiles: The site is considered to offer potential habitat to reptile species, such as slow-worm and common lizard, as the site contains scrubby grass areas for shelter and areas suitable for basking. The NBN data search indicates the presence of slow-worm in the surrounding area and surveys conducted by Naturally Wild on a nearby site indicate that slow-worms are active within the area. The developments on site hold a potential impact on reptiles if mitigation measures are not implemented.

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Birds: The habitats on site that are of value to nesting birds are the stable buildings, mature trees and scrubby hedgerow, and the dense vegetation within Area 2 on the southern side. The stable buildings were internally assessed for evidence of nesting birds and two confirmed, active barn swallow nests are present with a third potentially active nest also recorded. The conifer trees that border the site to the south and west are to remain within current development proposals and therefore no impact to nesting birds is envisaged within this habitat. Site clearance works, especially in the southern regions of the site, should be conducted outside of the bird-nesting season to ensure that there are no impacts to breeding birds on site.

Bats: There are no buildings on site that are of importance to roosting bats. None of the stable buildings on site have internal loft voids and are open (stable doors) leaving them susceptible to rapid changes in temperature and humidity, reducing their value as potential roosting habitat. Furthermore, all mature trees on site were analysed for their suitability to roosting bats, and all trees were discounted as they did not contain the desired characteristics necessary to support a bat roost (knot holes, internal voids, hazard beams, flaking bark). The site is considered to offer potential to foraging bats and the linear features (hedges and lines of conifer trees) are likely to be of importance to bats during commuting. This said the development is not believed to hold a significant impact to bat species.

Other: It is considered that none of the habitats onsite of significant value to the following species: brown hare, harvest mouse, red squirrels, water vole and polecat; and none were recorded on site during the site assessment. The habitats on site were suitable for hedgehogs (BAP species).

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5.2.4 Phase 1 Habitat Maps

Figure 4: Phase 1 Habitat Survey Findings.*2

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Figure 5: Satellite image of the site, showing the location of ecological features in relation to the development site.*2

Figure 6: Proposed development design plan.

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6 EVALUATION & RECOMMENDATIONS

Following the completion of the Phase 1 Habitat Survey in line with initial objectives, Naturally Wild would recommend the following items to ensure that the development does not impact negatively on protected species or habitats:

• Site clearance work should be conducted outside of the nesting season (early February to late August) and achieved under the guidance of a method statement and toolbox talk. • If the mature trees on site are to be removed, this should be completed outside of the bird nesting season, which runs from early February to late August. If works are to be conducted within this period, they should only be conducted following an assessment by an experienced ecologist. • The buildings on site should be demolished outside of the bird-nesting season as confirmed presence of breeding barn swallows was recorded. • A compensation strategy, to be agreed, would be recommended to compensate for the loss of bird nesting habitat. This would include the incorporation of 10 swallow cups on replacement dwellings and the inclusion of 5 bird boxes/ bird bricks within the proposed development, providing habitat for a range of bird species.

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7 SITE IMAGES

Image 1. View of central and western stable blocks.

Image 2. View of the eastern stable blocks.

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Image 3. Dressage area in Area 1.

Image 4. Horse grazed paddock and mature trees in Area 1.

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Image 5. Mature trees in Area 1.

Image 6. Barn swallow nest within western stable block.

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Image 7. Panoramic of Area 1, facing north.

Image 8. Panoramic of Area 2, facing north.

Image 9. Small wooden shed in the centre of Area 2, surrounding by a nettle bed.

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Image 10. Metal containers on the southwest corner of the site, mature conifers that bound the western (ahead) and southern boundaries (left).

Image 11. Hard standing area on the west of Area 2, with dumped materials and view of two wooden stables on the north of Area 2.

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Image 12. Typical habitats in Area 2.

Image 13. Dense vegetation on the southeast corner.

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Image 14. View of the metal poly-tunnel frame and overgrown vegetation.

Image 15. Example of refugia present in Area 2.

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8 REFERENCES

*1 MAGIC map database – DEFRA Map produced by MAGIC on 12/06/2013. © Crown Copyright and database rights 2012. Ordnance Survey 100022861. Copyright resides with the data suppliers and the map must not be reproduced without their permission. Some information in MAGIC is a snapshot of information that is being maintained or continually updated by the originating organisation. Please refer to the documentation for details, as information may be illustrative or representative rather than definitive at this stage. See http://magic.defra.gov.uk/Help/copyright.html.

*3 National Biodiversity Network’s (NBN) Gateway http://data.nbn.org.uk

*4 Sites of Special Scientific Interest (SSSI) Natural England Search Engine © Natural England copyright, http://www.sssi.naturalengland.org.uk/Special/sssi/search.cfm Ordnance Survey data © Crown copyright and database right 2012, Ordnance Survey Licence number 100022021, © Crown copyright. Licence number 100022432.

9 APPENDIX

9.1 Additional Information on the Legislation for Other Protected Species

Badger The badger, Meles meles, is geographically widespread across the UK (NE, 2007); however, they are still vulnerable to baiting, hunting and detrimental impacts of development to their habitat. Both the badger and its habitat are protected under The Protection of Badgers Act (1992), Schedule Six of the Wildlife and Countryside Act (1981) an Appendix Three of the Bern Convention. Therefore badgers have legal protection against deliberate harm or injury and it is an offence to: • Interfere with a badger sett by damaging or destroying it • Kill, injure, take or possess a badger • Cruelly ill-treat a badger • Obstruct access to a badger sett • Disturb a badger whilst it is in a badger sett

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Bats All British bat species are listed on Schedule 5 of the Wildlife and Countryside Act 1981 (as amended) and are therefore afforded protection under Section 9 of this Act. In addition, all bat species are listed in Schedule 2 of The Conservation (Natural Habitats, &c.) Regulations 1994 (SI 1994 No. 2716) (as amended) (known as the Habitats Regulations) and are therefore protected under Regulation 39 of the Regulations. These Regulations make provision for the purpose of implementing European Union Directive on the Conservation of Natural Habitats and of Wild Fauna and Flora 1992, under which bats are included on Annex IV. The Act and Regulations makes it an offence, inter alia, to: Intentionally kill, injure, take (handle) or capture a bat; Intentionally or recklessly damage, destroy or obstruct access to any place that a bat uses for shelter or protection (this is taken to mean all bat roosts whether bats are present or not) - under the Habitats Regulations it is an offence to damage or destroy a breeding site or resting place of any bat; or Intentionally or recklessly disturb a bat while it is occupying a structure or place that it uses for shelter or protection - under the Habitats Regulations it is an offence to deliberately disturb a bat (this applies anywhere, not just at its roost) in such a way as to be likely to affect: Its ability to survive, breed, reproduce, rear or nurture their young or hibernate; or to significantly affect: Further details of the above legislation, and of the roles and responsibilities of developers and planners in relation to bats, can be found in Natural England’s Bat Mitigation Guidelines, which can be downloaded from the NE website: http://naturalengland.communisis.com/naturalenglandshop/docs/IN13.6.pdf

Great Crested Newt Great crested newts are a European Protected Species, listed on Annex II and IV of the EEC Directive on the Conservation of Natural Habitats and Wild Fauna and Flora, receiving protection under The Conservation of Habitats and Species Regulations 2010. This species is also afforded full protection under the Schedule 5 of the Wildlife and Countryside Act 1981 (as amended) (WCA 1981) and Schedule 2 of the Conservation (Natural Habitats etc.) Regulations 1994 (Regulation 38). Under such legislation it is an offence to: • Intentionally or recklessly kill, injure or capture a great crested newt; • Possess or control any live or dead specimen or anything derived from a great crested newt; • Intentionally or recklessly* damage, destroy or obstruct access to any structure or place used for shelter or protection by a great crested newt; and • Intentionally or recklessly* disturb a great crested newt while it is occupying a structure or place which it uses for that purpose. • Damage or destroy a breeding site or resting place. • Sell, barter, exchange or transport or offer for sale great crested newts or parts of them. *Reckless offences were added by the Countryside and Rights of Way Act 2000, which applies only to England and Wales. To undertake surveys for great crested newt it is necessary to hold an appropriate licence issued by Natural England.

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Reptiles All native British species of reptile (of which there are 6) are listed in Schedule Five of the Wildlife and Countryside Act (1981) and as such are protected from deliberate killing, injury or trade. Therefore, where development is permitted and there will be a significant change in land use, a reasonable effort must be undertaken to remove reptiles off site to avoid committing and offence. The same act makes the trading of native reptile species a criminal offence without an appropriate licence.

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