Preliminary Ecological Appraisal Report
At
Land South East of Weatherhill Farm Burshill Brandesburton East Riding of Yorkshire YO25 8LY
For
C.C. Conner & Sons
Date: 9th February 2021
Reference no CE0898
Curtis Ecology
Nova Scotia Farm, The Valley, Rimswell, Withernsea, East Yorkshire HU19 2BZ
T 01964 614295 M 07716260006 E roger@curtis ecology.co.uk
www.curtisecology.co.uk
© Curtis Ecology
Land South East of Weatherhill Farm Burshill PEA i
Document Control Sheet
Client: C.C. Conner & Sons Project: Land South East of Weatherhill Farm, Burshill, East Riding of Yorkshire YO25 8LY Title: Preliminary Ecological Appraisal Report
REPORT CONTROL SHEET
General Report Information Date of site risk assessment 22 nd January 2019
Lead ecologist signature
Date report issued 9th February 2021
Report approved by
Report Version Control
Version Date Author Description 1.0 9th February 2021 Roger Curtis Original version
Land South East of Weatherhill Farm Burshill PEA ii
CONTENTS
EXECUTIVE SUMMARY 1
1.0 INTRODUCTION 2 1.1 Site Description 2 1.2 Proposed Works 3 1.3 Survey Objectives 3
2.0 SURVEY METHODOLOGY 3 2.1 Desk top study 3 2.2 Field Surveys 3 2.3 Protected/ Notable Species 3 2.4 Survey Limitations 6 2.5 Weather Conditions 6 2.6 Survey Personnel 6
3.0 SURVEY RESULTS 7 3.1 Desk top study 7 3.2 Habitats 10 3.3 Protected and Notable species 13
4.0 ASSESSMENT & RECOMMENDATIONS 21 4.1 Designated sites 21 4.2 Habitat 21 4.3 Protected and Notable species 22
5.0 LEGISLATION 26
6.0 PLANNING POLICY 29
7.0 REFERENCES 31
8.0 APPENDICES 32
Appendix 1. Species List 32 Appendix 2. Nationally Designated Sites 2km map 33 Appendix 3. Local Designated Sites 2km map 34 Appendix 4. Priority Habitats map with 2km 35 Appendix 5. Phase 1 Habitat Map 36
Land South East of Weatherhill Farm Burshill PEA iii
EXECUTIVE SUMMARY
Curtis Ecology was instructed by Mr C. Cawthorne C.C.F.D.(Hull) Limited on behalf of the client, C. C. Conner & Sons to undertake a Preliminary Ecological Appraisal on a parcel of land located to the South East of Weatherhill Farm, Burshill, Brandesburton, East Riding of Yorkshire YO25 8LY. The survey is required to inform a proposed planning application, which is to be lodged with the local planning authority, in this case the East Riding of Yorkshire Council, for the Erection of three Glamping Pods along with any associated hard and soft landscaping. Both verbal and electronic briefings were given with copies of the Location Plan and Proposed Site Layout provided.
A desk study was undertaken with records being obtained from the following third party repositories the North & East Yorkshire Ecological Data Centre with reference to the East Yorkshire Bat Group and a review of Multi-Agency Geographical Information of Conservation (MAGIC) and Google Earth.
The following species were considered within this Preliminary Ecological Appraisal:
• Badgers • Bats • Great crested newts • Nesting birds • Reptiles
Recommendations include:
Badgers: - No further survey work or mitigation required
Bats: – No further survey work required. Enhancement measures proposed
Great crested newts: - Non Licenced Method Statement proposed
Nesting birds: – No further survey work required. Precautionary mitigation and enhancement measures proposed
Reptiles: - No further survey work or mitigation require.
All the results and full recommendations can be found within Sections 3.0 and 4.0 of this report
The application site as a whole was considered to be of Low Ecological Value in its present condition
Land South East of Weatherhill Farm Burshill PEA 1
1.0 INTRODUCTION
Curtis Ecology was instructed by Mr C. Cawthorne C.C.F.D. (Hull) Limited on behalf of the client C.C. Conner & Sons to undertake a Preliminary Ecological Appraisal on a parcel of land located to the South East of Weatherhill Farm, Burshill, Brandesburton, East Riding of Yorkshire YO25 8LY. The survey is required to inform a proposed planning application, which is to be lodged with the local planning authority, in this case the East Riding of Yorkshire Council for the Erection of three Glamping Units along with any associated hard and soft landscaping.
This Preliminary Ecological Appraisal was undertaken on the 22 nd January 2021 to identify the presence or potential presence of notable and or protected species or habitats within or adjacent to the application site and to highlight any ecological issues that may be a constraint on the proposed development of the application site.
1.1 Site Description
The application site is centred on Grid Reference TA091 479 and is located within the hamlet of Burshill, which is found approximately 2.3km North West of Brandesburton Village. The site has a slightly sloping topography and is dominated by a mix of Improved and Poor semi- improved grassland, with a small ephemeral pond to the extreme south east boundary corner. The majority of the boundaries are defined by a mix of fencing types along with a managed hedgerow along the length of the western boundary, as well as a short section of defunct hedgerow along the western part of the southern boundary. There are no buildings found within the application site.
The immediate surrounding habitat in predominately arable and grassland with managed boundary hedgerows, several ponds, former gravel pits, now used a coarse fisheries, a small woodland, occasional individual trees, several residential properties and farmsteads.
Figure 1. Arial view with application site illustrated within the wider landscape.
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Study site location
©Google Earth
Land South East of Weatherhill Farm Burshill PEA 2
1.2 Proposed Works
It is understood that the development proposal is for the Erection of three Glamping Pods along with associated hard and soft landscaping works.
1.3 Survey Objectives
• Perform a desk study and records searches from a number of sources including third party repositories to enable the identification of any designated sites, along with existing records for any protected and notable species within and around the study site.
• Examine the potential for protected and notable species within the application site and the immediate surrounding area during the field survey and discuss the current legislation relevant to these species.
• Produce a map to identify, classify existing habitats and features within the site
• Prepare a report on the findings from information collated from the data/records searches and the field survey to identify any potential constraints and opportunities for the site including the need for further surveys if required.
2.0 SURVEY METHODOLOGY
2.1 Desk Study
A desk study was undertaken with records being obtained from the following third party repositories the North & East Yorkshire Ecological Data Centre with reference to the East Yorkshire Bat Group and a review of MAGIC and Google Earth. The search area was a 2km radius from the centre of the application site located at Grid reference TA091 479.
2.2 Field Survey
2.2.1 Ecological Appraisal Survey
The survey was undertaken on the 22 nd January 2021 with the weather conditions at the time of the survey being illustrated below in Table 4. Using a modified standard Phase 1 Habitat assessment methodology JNCC (2010), the application site was walked over to identify, classify and map the habitat types present marking any features on a base field map. Target notes (T) where applicable will be used to identify any potential for protected / notable species or habitats present and to give more detail on any points of interest.
2.3 Protected/ Notable Species
During the survey observations are made for any field signs or suitable habitats for any protected/notable species. An assessment was made for the suitability of the site for the following protected species:
• Badgers • Bats • Great crested newts
Land South East of Weatherhill Farm Burshill PEA 3
• Nesting birds • Reptiles
2.3.1 Badgers
All areas of potential for badgers are surveyed, which includes woodland, small copses, hedgerows, embankments and well-worn paths within the application site and the immediate surrounding habitat.
Field signs of Badgers would include the following:
• Badger setts, tracks, latrines and dung pits, snuffle holes, hair remains on barbed wire fencing. • Visual sightings
2.3.2 Bats
Assessments are made during the initial field survey for potential roosting features and foraging areas within the site footprint and immediate surrounding area. These will include buildings, woodland, individual trees, hedgerows and any aquatic features.
Visual assessments for trees would include the following signs: trunk diameter, rot holes, splits, loose bark, staining of the bark below or around a feature and a covering of ivy.
2.3.3. Great crested newts
Although Great Crested Newts are terrestrial for most of the year they do require standing water for breeding purposes. Therefore the study site was assessed for the suitability and potential to support the species together with the surrounding habitat within 500m of the study site itself.
Water bodies within a 500 m radius of the application site, where permission had been granted from the landowner at the time of this field survey were assessed utilising the Great Crested Newt Habitat Suitability Index (HSI) (Oldham et al 2000). The HSI is a numerical index between 0 and 1, where a score of 1 represents optimal habitat for great crested newts. The HSI score is used to define the suitability of a pond on a categorical scale (Table 1).
Table 1 Great Crested Newt HSI Score Index. HSI Score Pond Suitability <0.5 Poor 0.5-0.59 Below average 0.6-0.69 Average 0.7-0.79 Good >0.8 Excellent
The HSI score is achieved by assigning a quantities figure to each of the following 10 variables:- SI 1 - Map location, SI 2 - Pond area SI 3 - Number of years in ten pond dries up SI 4 - Water quality
Land South East of Weatherhill Farm Burshill PEA 4
SI 5 - Percentage of perimeter shade SI 6 - Waterfowl impact SI 7 - Fish impact SI 8 - Number of ponds within 1km not separated by barriers to dispersal SI 9 - Terrestrial habitat SI10 - Percentage of pond surface occupied by aquatic vegetation
The tenth root of the product of the variables is then calculated to give the figure for habitat suitability.
HSI = (SI1 x SI2 x SI3 x SI4 x SI5 x SI6 x SI7 x SI8 x SI9 x SI10)1/10
The HSI calculation for each pond was derived at, using the automated formula found within the Natural England Mitigation Licence Application Form, Section C3.5 Waterbodies: quantative assessment.
Terrestrial habitat suitable for Great Crested Newts would include woodland, scrub and tussocky grassland, although they can be found in a broad range of sub- optimal habitats.
2.3.4 Nesting Birds
Birds may use a variety of features for nesting both natural and artificial. Typical features would include buildings, hedgerows, trees, scrub and grassland. During the field survey observations are made for sightings and calls of birds, evidence of previous and active nesting and evidence of roosting places.
2.3.5 Reptiles
The study site was assessed for any potential to support reptiles with particular attention being paid to the following features, south facing slopes used as basking areas, walls, banks, log piles, compost heaps, refugia and opportunities for foraging e.g. tussocky grassland and scrub
2.3.6 Water voles
The suitability of habitats to support a water vole population can be assessed using the Water Vole Habitat Suitability Index methodology ‘ Harris et al 2009’. A watercourse can be assessed based upon particular features important to the maintenance of a viable Water vole population as illustrated in Tables 2& 3.
Table 2. Water Vole Habitat Suitability Index scoring features Habitat suitability features Well-developed bankside and emergent vegetation to provide cover (>60%) Year round availability of food Suitable refuge areas above extremes in water levels Steep banks suitable for burrowing Permeant open water The presence of a berm Lack of disturbance through poaching, grazing and /or recent management Nest building opportunities in vegetation above water level
Land South East of Weatherhill Farm Burshill PEA 5
Each feature is given a score of ‘0 ‘if absent or ‘1’ if present
Table 3. Water Vole Habitat Suitability Index score categories Habitat Type Number of Water Voles Habitat Suitability Features Unsuitable <3 Sub-optimal 3 - 5 Optimal >5
A visual field surveys involves assessment for • Latrines containing green, brown or black cylindrical blunt ended droppings • Footprints in any soft silt or mud at the margins • Trampled pathways in the bankside vegetation at least 2m inland from the bank top • Burrows in the banks and at least 2m inland with a diameter of 4 – 8cm • Feeding stations • Cropped lawn areas close to any burrow entrances. • 2.4 Survey Limitations
The application site was fully accessible on the day of the field survey. However it should be noted that whilst the survey was appropriately intensive and we feel that no significant matters have been overlooked there is always potential for some species to be overlooked due to the time of year and mobility of these species.
2.5 Weather conditions.
Table 4. Weather conditions at the time of the survey
Survey date 22 nd January 2021 Wind speed 5 mph west Cloud cover 20% Rainfall None Temperature 5°C Humidity 72%
2.6 Survey personnel.
The site survey was undertaken by the following personnel:
Roger Curtis FdSc who has 12 years survey experience and holds the follow Natural England licences; - Bats – WML-CL18 class licence 2015-12148-CLS-CLS Great crested newts – WML-CL08 class licence, 2015-17362-CLS-CLS
Roger is also a committee member of the East Yorkshire Bat Group and County Bat Recorder.
Land South East of Weatherhill Farm Burshill PEA 6
3.0 SURVEY RESULTS
3.1 Desk Study
Figure 2 Pre-existing Site Designations
Land South East of Weatherhill Farm Burshill PEA 7
Land South East of Weatherhill Farm Burshill PEA 8
The relevant 2km Designation and Priority Habitat Maps are illustrated in Appendices 2, 3 & 4 of this report.
3.1.1 Species records
Species records were obtained from the North & East Yorkshire Ecological Data Centre with reference to the East Yorkshire Bat Group.
In total 169 historical records for protected or notable species were obtained from the third party repositories, with no historical records relating to the application site itself.
Where relevant they are mentioned in Section 3.3 of this report and the full list can also be obtained from ourselves upon request.
Land South East of Weatherhill Farm Burshill PEA 9
3.2 Habitats
The following habitats were found within the study area:
Broad-leaved scattered trees A3.1
Several young Cherry Prunus avium stand in a small block towards the south west corner of the site. A single mature Cherry Prunus avium in poor condition is found in the western hedgerow.
Plate 1. Looking north along the western boundary, from the south west corner, with the small grouping of young Cherry trees to the right.
Improved grassland B4.
This type of grazed habitat is found over the western section of the application site, species present include Common chickweed Stellaria media, Cow parsley Anthriscus sylvestris (rare), Creeping buttercup Ranunculus repens , Dandelion Taraxacum officinale (occasional), Groundsel Senecio vulgaris, Perennial ryegrass Lolium perenne (dominate), White clover Trifolium repens and Yorkshire fog Holcus lanatus (occasional).
Land South East of Weatherhill Farm Burshill PEA 10
Plate 2. Looking east from the western boundary over the Improve grassland to the western section of the site.
Poor semi-improved grassland B6
The eastern section of the site is now reverting to this from of grassland possibly due to under management over the past year or two. Species synonymous with semi-improved neutral grassland were recorded within the survey site including Annual Meadow-grass Poa annua, Creeping bent Agrostis stolonifera , Red fescue Festuca rubra, Perennial ryegrass Lolium perenne , Rough meadow grass Poa trivialis, Timothy Phleum pretense , Tufted hair grass Deschampsia cespitosa and Yorkshire fog Holcus lanatus appearing rarely. Herbaceous species include Broad-leaved dock Rumex obtusifolius , Curley dock Rumex crispus, Cow parsley Anthriscus sylvestris, Common chickweed Stellaria media , Creeping buttercup Ranunculus repens, Lesser celandine Ficaria verna, Ribwort plantain Plantago lanceolata (rare) and White clover Trifolium repens
Land South East of Weatherhill Farm Burshill PEA 11
Plate 3. Looking east over the Poor semi-improved grassland to the eastern section of the site.
Open water G1
A small ephemeral pond is found in the extreme south east boundary corner of the site. A full description can be found in section 3.3.3.1 of this report.
Running water G2
A watercourse runs along the western site boundary. A full description can be found in section 3.3.6 of this report.
Intact hedge species poor J2.1.2.
A management 2m high defunct hedge line with a species composition of Hawthorn Crataegus monogyna (dominate) and occasional Elder Sambucus nigra runs along the western boundary. Ground flora included Cleavers Galium aparine, Common ivy Hedera helix , Common nettle Urtica dioica, Cow parsley Anthriscus sylvestris, and grass species associate with the improved grassland.
Defunct hedge species poor J2.2.2.
A 1.5m high defunct managed hedge line runs along the western section of the southern boundary. Hawthorn Crataegus monogyna and occasional Elder Sambucus nigra are the dominate species with ground flora comprised of occasional Bramble Rubus fructus, Common nettle Urtica dioica and grass species associate with the improved grassland
Land South East of Weatherhill Farm Burshill PEA 12
Fence J2.4
A timber post and wire fence defines the eastern section of the northern boundary of the site. The same type of fencing runs along the length of the western boundary. The southern boundary is defined by 1.2m high post and rail fencing. There is little ecological value associated with these fence type.
3.3 Protected and Notable Species
3.3.1 Badgers
The application site and immediate surrounding habitat were accessible was searched for evidence of Badger habitation and foraging using the criteria set out in Section 2.0 of this report.
No main or annex setts, tracks on well-worn paths or any foraging activities were identified within the application site or within the immediate surrounding habitat for approximately 50 metres where the land was accessible.
There was 1 historical records within the 2km search area, which was located within Tophill Low Nature Reserve located approximately 1.7km west of the application site.
3.3.2 Bats
There are no buildings found within the application site. The trees on site are of an age and structure that would not support roosting opportunities. Foraging capacity of the site as whole was considered to be of low quality, with little in the way of connectivity from the application site into the wider landscape.
There are 14 historical records returned from the NEYEDC searches with none of these records relating to the application site itself. In addition the East Yorkshire Bat Group undertake annual bat box checks at Tophill Low Nature Reserve located approximately 1.8 km to the west of the application site. The nearest historical roost records are located on the same site, approximately 1.1km south east of the application site, for a single Common pipistrelle Pipistrellus pipistrellus day roost and 4 Brown Long-eared day roosts, all recorded in 2013.
3.3.3 Great Crested Newt
There were ten historical records returned from the third party repository searches relating to Great crested newts within the 2km search area. Four of the records relate to Pond 2 which was surveyed in 2019 by Curtis Ecology. The results of all 6 survey periods indicated a very small population of Great crested newts present with a maximum count of two adults been obtained. All the remaining records relate to the waterbodies at Tophill Low Nature Reserve located approximately 1.4km west of the application site.
During the desk top study four waterbodies were identified from both Arial photographs and Ordnance survey maps, within 500m of the application site. Pond 3 is located in the extreme south east boundary corner of the study site.
Land South East of Weatherhill Farm Burshill PEA 13
Figure 3. Arial photograph with the identified ponds numbered and the application site boundaries illustrated with the yellow outline.
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P2
P1 P4
P3
A Habitat Suitability Index (HSI) scores were undertaken on Ponds 1&3 with the tabulated results presented below in section 3.3.3.1 of this report.
Pond 2 has a known very small population of Great crested newts
Pond 4 was not fully accessible as permission could not be obtained from the landowner to undertake a Habitat Suitability Index score. However the northern section of this waterbody could be seen from the public highway/verge.
Land South East of Weatherhill Farm Burshill PEA 14
3.3.3.1 Pond descriptions
Plate 4. Pond 1 Grid reference TA0883 4786
An oval shaped pond approximately 180 sq m is size which is located in the farmhouse garden. Submerged aquatic vegetation is comprised of an Ornamental Water Lily The margins have several small stands of both Hard and Soft Rush Juncus spp, along with two stands of Yellow flag iris Iris pseudacorus. The bankside were partially bare due to the resident duck population. A dense fish population is known to be present within this pond. The immediate surrounding habitat is dominated by mown amenity grassland
Table 5. Pond 1 - HSI assessment table Category Result Score Description Location Zone A (Optional) 1.0 Located in central England Pond area 180 sq m 0.4 Pond drying Never 0.9 Water quality Poor 0.33 Low invertebrate diversity few submerged plants Shading None 1.0 Fowl Major 0.01 Waterfowl present little evidence of submerged vegetation, Fish Major 0.01 Dense fish population known to be present. Other ponds 4 pond 0.70 1.27 ponds per sq km Terrestrial Poor 0.33 Amenity grassland with habitat offering Habitat limited opportunities for foraging or shelter Macrophytes 10% 0.4
Habitat Suitability Score 0.25 Poor
Land South East of Weatherhill Farm Burshill PEA 15
Plate 5. Pond 2. Grid reference TA0915 4806.
A rectangular shaped pond approximately 300 sq m is size which is located approximately 85m north of the application site. Aquatic vegetation present included Common Bulrush Typha latifolia, Flote grass Glyceria fluitans, Fools watercress Apium nodiflorum Bog bean Menyanthes sp , Water figwort Scrophularia umbrosa and several stands of both Hard and Soft Rush Juncus spp,. The bankside were a mix of deciduous trees and tall ruderal vegetation. The deeper part of the pond is found towards the southern end, whilst the northern end is more a wet area after heavy rainfall as the water depth in this part was no more that 30cm deep.
No Habitat Suitability Index score was undertaken on this pond as it was surveyed by Curtis Ecology in 2019. The results obtained from the 6 survey periods, indicated a very small population of Great crested newts, with a maximum count of 2 adults recorded.
Land South East of Weatherhill Farm Burshill PEA 16
Plate 6. Pond 3 .Grid reference TA0924 4789.
A small ephemeral pond around 45m sq and located in the extreme south east boundary corner of the application site. The water depth sloped down to approximately 30cm deep at the deepest part. There was no submerged aquatic vegetation, with only a small amount of scattered terrestrial grass species observed above the water surface. The only marginal aquatic vegetation was a two small stand of Soft rush Juncus effusus . The immediate surrounding habitat being predominately poor semi-improved grassland, with arable land to the southern side of the pond.
Table 6. Pond 3 - HSI assessment table
Category Result Score Description Location Zone A (Optional) 1.0 Located in central England Pond area 45 sq m 0.05 Pond drying Dries annually 0.1 Dries annually Water quality Poor 0.33 Low invertebrate diversity no submerged plants Shading None 1.0 No shading Fowl Absent 1.0 None present Fish Absent 1.0 None present. Other ponds 7 ponds 0.8 2.2 ponds per sq km Terrestrial Moderate 0.67 Grassland which offers limited Habitat opportunities for foraging and shelter Macrophytes 10% 0.4 Small amount of terrestrial grass species above water surface Habitat Suitability Score 0.45 Poor
Land South East of Weatherhill Farm Burshill PEA 17
Pond 4.
This waterbody is a large former gravel pit which extended to around 2.9ha, is located approximately 330m to the east of the study site. This gravel pit is part of a series of pits which are well known course fisheries. Full access to this pit to undertake a Habitat Suitability Index score could not be obtained, however part of it could be seen at the northern end from the public road/verge.
Plate 7. Pond 4. TA0958 4799.
As access could not be obtained and assessment was undertaken from aerial photographs along with the photograph taken as illustrated above.
This waterbody extends to approximately in area is known to be deep and has a dense course fish population. Wildfowl are also known to frequent this waterbody on a regular basis. The banksides are predominantly covered in Blackthorn Prunus spinosa , Bramble Rubus fructus, Hawthorn Crataegus Monogyna and Willow Salix spp scrub. Marginal vegetation is comprised of Bulrush Typha latifolia and Common reed Phragmites australis.
3.3.4 Nesting birds
There were 24 historical bird records within the 2km search area, all of which relate to Tophill Low Nature Reserve.
The following bird species were observed either visually and were noted either within the site boundaries or just passing through, these consisted of Common gull Larus canus (passing over), Fieldfare Turdus pilaris (passing over), Jackdaw Corvus monedula (passing over), Rook Corvus frugilegus (call).
Land South East of Weatherhill Farm Burshill PEA 18
The hedgerow to the western boundary of the application site which is where the entrance is located onto the lane, is managed and is considered to offer limited opportunities for small bird species to nest given its current structure. There is a possibility that ground nesting birds, may use the site for nesting. There were no bird species observed either resting or foraging within the application site at the time of the field survey.
There no was evidence of the site supporting bird species listed on Schedule 1 of the Wildlife and Countryside Act 1981 (as amended).
3.3.5 Reptiles
There were 2 historical record obtained from the third party repositories relating to reptile species within the 2km search area. Both records were for the Grass snake Natrix hevetica and were recorded within Tophill Low Nature Reserve, to the west of the application site, with the individual records located approximately 1.6km and 2km respectively.
The habitats present within the application site as a whole are considered to offer minimal opportunities for reptile species. There are no suitable south facing slopes, log piles, compost/ manure heaps, banks or moderate expenses of tussocky grassland or scrub, suitable for forging or resting.
3.3.6 Water Voles
There are 10 historical record obtained from the third party repositories relating to the Water vole within the 2km search area. The nearest positive record is located approximately 1.4km to the north of the study site for a count of one adult in 2005.
As part of this Preliminary Ecological Appraisal an initial assessment was made of the watercourse found just outside the western boundary of the study site. The watercourse was walked along the study site boundary as well as for approximately 100m either side, where access was available, to assess if any historical evidence was present. In addition the assessment was also made of the watercourse using the Water Vole Habitat Suitability Index Assessment Score, the results of which are illustrated in Table 6.
Western Watercourse.
The moderate flow is in a north to south direction, with a water depth of around 7.5cm on average. The base of the dyke at water level varies between approximately 60 cm to 1 metre, with a bank depth of between 1.0- 1.5m. There was no aquatic vegetation present with bankside vegetation comprised predominately of Common ivy Hedera helix, Common nettle Urtica dioica, Greater willowherb Epilobium hirsutum , and grass species. The western bank adjacent to the lane is flailed regularly, whereas the eastern bank under the hedge is untouched. There was no indication of Water vole habitation at the time of the field survey.
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Plate 8 Looking south along the southern section of the watercourse.
Plate 9. Looking north along the northern section of the watercourse.
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Table 7. Water Vole Habitat Suitability Index Assessment Score
Habitat suitability features Score Well-developed bankside and emergent vegetation to provide cover (>60%) 0 Year round availability of food 1 Suitable refuge ar eas above extremes in water levels 0 Steep banks suitable for burrowing 1 Permanent open water 0 The presence of a berm 0 Lack of disturbance through poaching, grazing and /or recent management 0 Nest building opportunities in vegetation above water level 1 Habitat Suitability Assessment Score 3
4.0 ASSESSMENT AND RECOMMEDATIONS
4.1 Designated sites
The application site is not located within, or in immediate proximity to any International, National or Locally Designated Sites, or any Local Wildlife Sites of nature conservation importance.
There is one Nationally Designated Sites found within the 2km search area. Tophill Low Site of Scientific Interest (SSSI) is located at its nearest point approximately 1.7km west of the application site
There are two Non-statutory site found within the 2km search area. The nearest of which is Alderman’s Gorse a Local Wildlife Site which is found approximately 1.5 km to the north east of the application site.
Given the nature of the development proposal and its location, it is not anticipated that any negative impacts would be likely to occur upon any of the Statutory or Non-statutory sites found within the 2km search area, due to the distance between the nature conservation sites and application site, which are illustrated in Section 3.1.1 and Appendices 2 & 3 of this report.
4.2 Habitats
The application site is dominated by Improved and Poor semi-improved grassland. Intact managed boundary hedgerow is found along the length of the western boundary and a defunct species poor hedgerow along the western section of the southern boundary. A small grouping of young Cherry trees are located in the south west corner along with two mature Hawthorn. .
There are no building located within the application site.
There was no evidence of protected/notable plant species, nor were there any non-native invasive species listed as Schedule 9 plant species found within the application site.
The application site is not located in, or within close proximity to any Priority Habitats as illustrated in Appendix 4.
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In its present condition the application site as a whole has been assessed as having Low Ecological Value.
Recommendations:-
1. No further survey work is required.
2. During the soft landscaping phase of the development, in the first instance consideration should be given to the planting of native trees, shrubs and nectar rich plant species, originating from the local province to increase the ecological diversity of the application site.
4.3 Protected and Notable Species.
4.3.1 Badgers
There was no evidence of Badger habitation or foraging activity within the application site or within the immediate surrounding 50 metres, where the land was accessible. There was 1 historical records within the 2km search area, which is within Tophill Low Nature Reserve located approximately 1.7km west of the application site.
Therefore from all the information gathered it is our considered opinion that the likelihood of the species using the site would be highly unlikely.
Recommendations: No further survey work or mitigation is required
4.3.2 Bats
There are no buildings found within the application site. The majority of the site has no direct connectivity into the wider landscape, and as result of these observation it was concluded that the site had limited opportunities for foraging activity in comparison to habitats present in the wider landscape.
Therefore from the observations made it is considered that if the proposed development were to proceed, then there should not be any short or long term negative impacted upon any local bat population.
Recommendations
• No further survey work or mitigation is required
However to meet obligations under both the National Planning Policy Framework 2019 and the Natural Environment and Rural Communities Act (NERC) 2006 the following enhancement measures are proposed.
• 1 x Large Multi Chamber Woodstone Bat box is to be installed, within 4 weeks of the completion of the development, either within the application site, or on land in the clients land ownership to the immediate north.
Land South East of Weatherhill Farm Burshill PEA 22
• During the planning of the final soft landscaping scheme, consideration could be given to the planting of nectar rich flora, which will increase the insect and moth numbers and promote the foraging area available to the local bat population. A list of suitable plants can be provided by ourselves or from the Bat Conservation Trust www.bats.org
4.3.3 Great crested newts
There were ten historical records returned from the third party repository searches relating to Great crested newts within the 2km search area. Four of the records relate to Pond 2 which was surveyed in 2019 by Curtis Ecology. The results of all 6 survey periods indicated a very small population of Great crested newts present, with a maximum count of two adults being obtained.
Habitat Suitability Index scores were undertaken on Ponds 1&3 with the results obtained for these ponds, along with the associated distances of all the ponds from the study site being presented in Table 8 below:-
Table 8. Pond number HSI score Pond suitability Approximated Distance from site Pond 1 0.25 Poor 260m south west Pond 2 N/A Small GCN 85m north west population present Pond 3 0.45 Poor Extreme south east boundary of application site. Pond 4 N/A N/A 330m east
The Habitat Suitability Index score results for Ponds1 & 3 would indicate that it would be highly unlikely that these waterbodies would support a Great crested newt population.
Pond 2 has a known very small Great crested newt population recorded in 2019, with a maximum count of 2 individuals being obtained, although no eggs were found during any of the survey periods, which could have indicated a dying population.
As Pond 4 is a coarse fishery it is generally accepted that a dense fish population is not conducive to Great crest newt habitation due to the following factors:-
1. A dense fish population will predate Great crested newt adults, eggs and larvae. 2. Low aquatic invertebrate populations due to predation by the fish population 3. An increase in water turbidity due to fish foraging activity on the pond bottom 4. Low numbers of submerged aquatic vegetation, again due to the feeding activity of the fish population.
The application site is dominated by grazed improved grassland and poor semi-improved grassland which would represent a poor quality habitat for Great crested newts, in comparison to the optimum woodland habitat located around Pond 2.
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Recommendations:-
It is concluded from all the information obtained that as a precautionary approach to the proposed development, a robust mitigation strategy is implemented. As not to negate the Favourable Conservation Status of the species, it is proposed that a Non- Licenced Method Statement is prepared and presented for approval by the LPA prior to any of the proposed development work commencing.
4.3.4 Nesting birds
During the site survey four bird species were seen passing over the application site or calling within the immediate surrounding area. The application site is considered offers limited opportunities for nesting birds within the boundary hedgerows although there could be use of the site by ground nesting bird species.
Recommendations.
1. No further Breeding bird survey work is required.
2. The application site will require checking by a Suitably Qualified Ecologist prior to the initial land clearance works, and only if these works are to be undertaken during the bird nesting season generally taken to be between 1st March and 30 th August.
3. If any active nests are found then they will be marked by a red flag and a 10 m buffer zone will be identified by posts with hazard tape around the nest site until the nest has been naturally abandoned or the young have fledged.
4. To meet obligations under both the National Planning Policy Framework 2019 (NPPF) and the Natural Environment and Rural Communities Act (NERC) 2006 and as a matter of good practice, the following nest boxes are to be installed along the southern hedgerow, which is in the clients family land ownership. The boxes are to be installed within 4 weeks of the development completion and are to remain in-situe thereafter.
2 x Vivara Pro Barcelona Woodstone Open Nest Box.
2 x Vivara Pro Woodstone Starling Nest Box.
Both the Vivara Woodstone nest boxes can be obtained from NHBS at www.nhbs.com or any other reputable habitat supplier.
4.3.5 Reptiles
The application site is considered to offer negligible opportunities for reptile habitation as discussed in section 3.3.5 of this report. There were 2 historical record obtained from the third party repositories relating to reptile species within the 2km search area. Both records were for the Grass snake Natrix hevetica and were recorded within Tophill Low Nature Reserve, to the west of the application site, with the individual records located approximately 1.6km and 2km respectively. Therefore from all the information gathered it is our considered opinion that the presents of reptile species within the application site would be highly unlikely
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Recommendations: No further survey or mitigation work required.
4.3.5 Water voles
The habitats present along western boundary dyke is considered to be sub optimal habitat for Water vole habitation as illustrated in Table 7 section 3.3.6 of this report. During the field survey the watercourse walked and observations were made for any historical evidence of vole habitation. The results of this were that no signs were noted. Therefore from the observations made, and taking into account the lack of records within close proximity to the site, it is considered highly unlikely that Water vole would be present and as a results of these finding the following recommendations have been made.
Recommendations: - No further survey work or mitigation required
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5.0 LEGISLATION
5.1 Badgers
Badgers are protected under the Protection of Badger Act (1992) which makes it an offence to:
• Kill or injure a Badger • Damage or destroy a sett • Disturb a Badger whilst it occupies a sett.
5.2 Bats
All species of UK bats are statutorily protected under regulation 41 of The Conservation of Habitats and Species Regulations 2017 (formerly The Conservation (Natural Habitats, Etc.) Regulations 1994 (as amended), which implements the requirements of the EC Habitats Directive, plus under UK legislation through Schedule 5 (Section 9) of the Wildlife and Countryside Act 1981. This combined legislation makes it an offence to: -
• Deliberately kill, injure or capture bats • Deliberately disturb bats in such a way as to significantly effect: a) the ability of that species to survive, breed, rear or nurture their young b) the local distribution on the species • Intentionally or recklessly disturb or obstruct access to the resting place of bats • Damage or destroy breeding sites and resting places of bats even if bats are not occupying the roost at the time. • Possess, transport, sell, barter or exchange any part of, or derived from a bat whether dead or alive.
5.3 Great crested newts
The Great Crested Newt is statutorily protected under regulation 41 of The Conservation of Habitats and Species Regulations 2017 (formerly The Conservation (Natural Habitats, Etc.) Regulations 1994 (as amended), which implements the requirements of the EC Habitats Directive, plus under UK legislation through Schedule 5 (Section 9) of the Wildlife and Countryside Act 1981. This combined legislation makes it an offence to: -
• deliberately kill, injure or capture a great crested newt • deliberately disturb a great crested newt in such a way as to significantly effect: • the ability of that species to survive, breed, rear or nurture their young • recklessly disturb or obstruct access to the resting place of a great crested newt • damage or destroy breeding sites and resting places of great crested newts • deliberately take or destroy eggs of the great crested newt • possess, transport, sell, barter or exchange any part of a great crested newt whether dead or alive.
The Great crested newt (Triturus cristatus) is listed as a priority species on the UK Biodiversity Action Plan (BAP) and in Section41 of the Natural Environment and Rural Communities (NERC) Act 2006
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5.4 Nesting birds
All wild birds are protected under Section1 of the Wildlife and Countryside Act 1981 (as amended), it is an offence to:-
• Deliberately kill, injure or take any wild bird • Take, damage or destroy the nest of any wild bird whilst in use or being built • Take or destroy an egg or eggs of any such wild bird.
Certain bird species which are listed under Schedule 1 of the Wildlife and Countryside Act receive special protection and it is an offence to intentionally or recklessly disturb them when nesting or rearing young.
5.5 Reptiles
Common lizard, slow worm, grass snake and adder are all protected under Schedule 5 of the Wildlife and Countryside Act 1981 (as amended) against
• Killing, intentional injury and selling
Sand lizard and Smooth snake are fully protected by the Conservation of Habitat and Species Regulations 2017 Regulation 9 and the Wildlife and Countryside Act 1981 Section 9 both pieces of legislation make it an offence to:
• Kill, injure or capture • Damage or destroy a breeding or resting place • Intentionally obstruct access to a resting place used for shelter • Keep, transport or sell.
All native species of reptiles are included in the NERC Act 2006
5.6 Plant species
Certain plant species in the UK are protected under the following legislation:
• Wildlife and Countryside Act 1981 ( as amended) under Section 8 • Conservation of Habitats and Species Regulations 2017 and are listed under Schedule 4 Both pieces of legislation make it an offence to. • Intentionally pick, uproot or destroy certain plants • Possess, sell or exchange them. Certain plant species UK Biodiversity Action Plan Priority Species and are listed under The Natural Environment and Rural Communities (NERC) Act 2006.
In addition to the above legislation there are injurious weeds and invasive species which are subject to the following legislation:
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The Weed Act 1959 covers injurious weeds
The five species listed under this legislation are; Common Ragwort (Senecio jacobea), Creeping or field thistle (Cirsium arvense), Spear thistle (Cristium vulgare), Broad- leaved dock (Rumex obtusifolius) and Curled dock (Rumex crispus).
It is not an offence to have these plant species on your land but it is an offence to allow them to spread to agricultural land.
Invasive species are under Schedule 9 of the Wildlife and Countryside Act 1981 (as amended)
The following are possibly the most common invasive species encountered:
• Japanese knotweed (Fallopia japonica), Giant hogweed Heracleum mantegazzianum) , Himalayan balsam (Impatiens glandulifera), Rhododendron spp, New Zealand Pigmyweed (Crassula helmsii),
It is not an offence to have these plants growing on your land, but it is an offence to allow them to spread into the wild.
5.7 Water voles
Water voles are fully protected under Schedule 5 of the Wildlife and Countryside Act 1981 (as amended) They are afforded protection under Section 9 parts 4(a) and 4 (b) therefore making it an offence to:
• Intentionally kill, injure or take a water vole • Possess or control live or dead water voles or derivatives • Intentionally or recklessly damage, destroy or obstruct access to any structure or place used for shelter or protection • Intentionally or recklessly disturb a water vole whilst occupying a structure or place used for that purpose • Sell water vole or offer or expose them for sale or transport for sale • Publish or cause to be published an advertisement which conveys the buying or selling of Water vole. • The water vole is also a UK Biodiversity Action Plan (BAP) Priority Species
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6.0 PLANNING POLICY
6.1 The National Planning Policy Framework (2019) states:
174 .To protect and enhance biodiversity and geodiversity, plans should:
• Identify, map and safeguard components of local wildlife rich habitats and wider ecological networks, including the hierarchy of international, national and locally designated sites of importance for biodiversity, wildlife corridors and stepping stones that connect them; and areas identified by national and local partnerships for habitat management, enhancement, restoration or creation and
• Promote the conservation, restoration and enhancement of priority habitats, ecological networks and the protection and recovery of priority habitats, ecological networks and the protection and recovery of priority species; and identify and pursue opportunities for securing measurable net gains for biodiversity
175. When determining planning applications, local authorities should aim to conserve and enhance biodiversity by applying the following principles:
• If significant harm to biodiversity resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or as a last resort, compensated for, then planning permission should be refused.
• Development on land within or outside a Site of Special Scientific Interest, and which is likely to have an adverse effect on it (either individually or in combination with other developments, should not normally be permitted. The only exception is where the benefits of the development in the location proposed clearly outweigh both its likely impact on the features of the site that make it of specific scientific interest, and any broader impacts on the national network of Sites of Special Scientific Interest.
• Development resulting in the loss or deterioration of irreplaceable habitats ( such as ancient woodland and ancient or veteran trees) should be refused, unless there are wholly exceptional reasons and a suitable compensation strategy exists; and
• Development whose primary objective is to conserve or enhance biodiversity should be supported; while opportunities to incorporate biodiversity improvements in and around developments should be encouraged, especially where this can be secured measurable net gains for biodiversity.
176. The following should be given the same protection as habitat sites:
• Potential Special Protection Areas and possible Special Sites of Conservation;
• listed or proposed Ramsar sites; and
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• Sites identified, or required, as compensatory measures for adverse effects on habitat sites, potential Special Protected Areas, possible Special Areas of Conservation, and listed or proposed Ramsar sites.
177. The presumption in favour of sustainable development does not apply where the plan or project is likely to have a significant effect on a habitats site (either alone or in combination with other plan or projects), unless an appropriate assessment has concluded that the plan or project will not adversely affect the integrity of the habitats site.
6.2 ODMP Circular 06/2005 Biodiversity and Geological Conservation
• The presence of a protected species is a ‘material consideration’ when a local planning authority is considering a development proposal. ( Paragraph 98 Circular 06/2005), when a planning authority is considering a development proposal and as such where impacts upon a protected species are likely to occur from a proposed development, surveys must be undertaken and provided to support a planning application .
• Paragraph 99 Circular 06/2005 states; ‘It is essential that the presence or otherwise of protected species and the extent that they may be affected by the proposed development, is established before making the decision. The need to ensure ecological surveys are carried out should therefore only be left to coverage under planning conditions in exceptional circumstances, with the result that the surveys are carried out after planning permission has been granted’.
• Where there is a reasonable likelihood of protected species being present and affected by a development the surveys should be completed and any necessary measure put in place, through conditions and / or planning obligations, before the permission is granted.
6.3 The Natural Environment and Rural Communities Act 2006 (NERC)
The Natural Environment and Rural Communities Act 2006 (NERC) also lists the Bat as a species of principal importance under Section41 and Section 40 requires every public body in the exercising of its functions (in relation to Section 41 species) to ‘have regard, so far as is consistent with the proper exercise of those functions, to the propose of conserving biodiversity’; therefore making the Bat a material consideration in the planning process and requiring a detailed survey before planning permission can be granted.
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7.0 REFERENCES AND BIBLIOGRAPHY
Collins, J. (Ed) (2016) Bat Surveys for Professional Ecologists: Good Practice Guidelines (3 rd edn). The Bat Conservation Trust, London
Countryside and Rights of Way Act 2000 – HMSO
Conservation (Natural Habitats etc.) Regulations 1994 as amended 2017
English Nature (2001). Great Crested Newt Mitigation Guidelines. English Nature. Peterborough.
East Riding of Yorkshire Biodiversity Action Plan 2010
East Yorkshire Bat Group
Gent.A. & Gibson. S., (1998). Herpetofauna Worker’s Manual. Joint Nature Conservation Committee. Peterborough.
Google Earth
Michell-Jones, A.J. and McLeish A.P. (Eds). (2004). Bat Worker’s Manual (3 rd Edition). Joint Nature Conservation Committee, Peterborough, UK
Michell-Jones, A.J. (2004). Bat Mitigation Guidelines. English Nature, Peterborough, UK
National Planning Policy Framework 2019 Department of Communities and Local Government
JNCC (2010). Handbook for Phase 1 Habitat Surveys. Joint Nature Conservation Committee
North & East Yorkshire Ecological Data Centre
UK Post -2010 Biodiversity Framework (2012) http://www.jncc.defra.gov.uk./page6189 accessed October 201
Wildlife and Countryside Act 1981 –HMS
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8.0 APPENDICES
Appendix 1 Species List
Plants Annual meadow-grass Poa annua Bramble Rubus fructus Broad-Leaved Dock Rumex obtusifolius Cherry Prunus avium Cleavers Galium aparine Common chickweed Stellaria media , Common ivy Hedera helix Common nettle Urtica dioica Cow parsley Anthriscus sylvestris Curley dock Rumex crispus, Creeping bent Agrostis stolonifera , Creeping buttercup Ranunculus repens , Dandelion Taraxacum officinale Elder Sambucus nigra Greater willowherb Epilobium hirsutum , Groundsel Senecio vulgaris Hawthorn Crataegus monogyna Lesser celandine Ficaria verna Perennial ryegrass Lolium perenne Red fescue Festuca rubra, Ribwort plantain Plantago lanceolata Rough meadow grass Poa trivialis Soft rush Juncus effusus . Tufted hair grass Deschampsia cespitosa White clover Trifolium repens Yorkshire fog Holcus lanatus ,
Birds Common gull Larus canus Fieldfare Turdus pilaris Jackdaw Corvus monedula Rook Corvus frugilegus
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Appendix 2. Nationally Designated Sites with 2km search area indicate by the red circle.
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Appendix 3. Locally Designated Sites with 2km search area indicate by the red circle.
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Appendix 4. Priority Habitats map with 2km search area indicate by the red circle.
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Appendix 5. Phase 1 Habitat Map
Legend
Broad-leaved scattered trees B3.1
Improved grassland B4 N I
SI Poor semi-improved grassland B6 I Standing water G1.1
Running water G2.1
SI Intact species poor hedge J2.1.2 I SI Defunct hedge J2.2.2
Open boundary
SI
1
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