Sensible Ecological Survey

Solutions

Chester Road, Walton, ,

Discharge of Ecology Planning Conditions 15-20

For: Elan Homes, , Cheshire

Prepared by: Dr David Bell Sensible Ecological Survey Solutions Ltd.

Registered Address: 1 Red Gables Pepper Street Appleton Thorn WARRINGTON WA4 4SB

Tel 01925 264208 Email [email protected] Web www.sensibleecologicalsurveysolutions.co.uk

Copyright Statement: All Rights Reserved. All material in this document is, unless otherwise stated, the property of Sensible Ecological Survey Solutions Ltd. Reproduction or transmission of the materials in whole or in part, in any manner, without prior consent of the copyright holder, is in violation of copyright law.

SESS November 2014 Road, Walton .

CONTENTS

1. GENERAL INTRODUCTION 3 Relevant Planning Conditions 4

2. COMPLIANCE WITH CONDITIONS 7

2.1 Provision for Bats 7 2.2 Provision for Badgers 9 2.3 Provision for Breeding Birds 15 2.4 Wildlife Protection Zone 17 2.5 Habitats Management Plan 21

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SESS November 2014 Chester Road, Walton .

1. General Introduction

Warrington Borough Council has granted outline planning approval (Application Number 2014/23334) to Elan Homes for the erection of eleven new dwellings and the conversion of the former Ship Inn and adjacent outbuildings to residential use subject to conditions, at a site referred to as 'Chester Road Walton' to be subsequently referred to as 'the Site' (Figures 1 & 2).

Figure 1: Current site plan, with red line indicating redevelopment area.

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SESS November 2014 Chester Road, Walton .

Figure 2: Redevelopment Master Plan. Eleven new dwellings plus retention of existing buildings located at site entrance.

A total of five planning conditions pertaining to protection or wildlife and nature conservation were set by the LPA; the conditions to be met prior to commencement of works on the site.

This report deals with of all the ecology conditions, as listed in the Warrington Borough Council Notice of Decision on Planning Application (Application No. 2014/23334). The conditions are as follows:

Condition 15 - BATS Prior to the commencement of development the applicant to submit detailed proposals for the incorporation of features into the scheme suitable for use by roosting bats. Such proposals to be agreed by Warrington Borough council. The proposals shall be permanently installed in accordance with approved details. Prior to the commencement of development the applicant to submit detailed proposals for the incorporation of features into the scheme suitable for use by roosting bats. Such proposals to be agreed by Warrington Borough council. The proposals shall be permanently installed in accordance with approved details.

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SESS November 2014 Chester Road, Walton .

Condition 16 - BADGERS No development, including demolition/clearance of the site, shall proceed until an agreed Badger Monitoring and Mitigation strategy has been submitted to and approved by Warrington Borough council. This should include, but not be limited to, details of all monitoring taken place and copies of any necessary Natural Licenses applied for and Appendix B Method Statement for construction of the February 2014 Urban Green Badger Survey and Mitigation Strategy.

Condition 18 - BREEDING BIRDS Prior to the commencement of development a detailed proposal for the incorporation of features into the scheme suitable for use by breeding birds should be submitted to Warrington Borough council. The proposals shall be permanently installed in accordance with approved details.

Condition 19 - WILDLIFE PROTECTION ZONE No development shall take place until a Wildlife Protection Plan for Construction has been submitted to and approved in writing by the local planning authority. The plan shall include: (a) An appropriate scale plan showing Wildlife Protection Zones, where construction activities are restricted and where protective measures will be installed or implemented; (b) Details of protective measures (both physical measures and sensitive working practices) to avoid impacts during construction; (c) A timetable to show phasing of construction activities to avoid periods of the year when sensitive wildlife could be harmed (such as the bird nesting season or badger breeding season); (d) Persons responsible for: (i) Compliance with legal consents relating to nature conservation; (ii) Compliance with planning conditions relating to nature conservation; (iii) Installation of physical protection measures during construction; (iv) Implementation of sensitive working practices during construction; (v) Regular inspection and maintenance of physical protection measures and monitoring of working practices during construction; (vi) Provision of training and information about the importance of Wildlife Protection Zones to all construction personnel on site.

All construction activities shall be implemented in accordance with the approved details and timing of the plan unless otherwise approved in writing by the local planning authority.

Condition 20 - HABITATS MANAGEMENT PLAN A habitat management plan shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of the development. The plan shall include:

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SESS November 2014 Chester Road, Walton .

(a) Description and evaluation of the features to be managed; (b) Ecological trends and constraints on site that may influence management; (c) Aims and objectives of management; (d) Appropriate management options for achieving aims and objectives; (e) Prescriptions for management actions; (f) Preparation of work schedule (including a 5 year project register, an annual work plan and the means by which the plan will be rolled forward annually); (g) Personnel responsible for implementation of the plan; (h) Monitoring and remedial/contingency measures triggered by monitoring.

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SESS November 2014 Chester Road, Walton . 2. Compliance with Conditions

2.1 Provision for Bats (Compliance with Condition No. 15)

As there are no suitable trees or suitable alternative features on site to accept bat boxes, it is therefore proposed that:

A total of six bat tubes are to be installed into the gable end brickwork of selected new build dwellings.

The bat tubes to comprise of four 'Schwegler 2FR' bat tubes (Figure 3) to be mounted as two pairs (Figure 4), and a further two 'Schwegler 1FR' bat tubes to be mounted singly. The paired bat boxes to have adjoining walls partitions broken to create linkage between tubes.

Figure 3: A 'Schwegler 2FR' bat tube

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SESS November 2014 Chester Road, Walton .

Figure 4: Diagram showing typical mounting location of bat tubes within brick work of gable end.

A further two bat boxes (Schwegler 2F) to be mounted on the main trunk of the large lime tree at the entrance to the site.

The final locations and mounting of the six bat tubes and two tree mounted bat boxes to be completed under the supervision of a suitably qualified ecology professional or 'Ecology 'Clerks of Works (ECoW)'. The ECoW to submit a Statement on completion of works to Warrington Borough Council LPA, to confirm compliance with Condition No. 15.

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SESS November 2014 Chester Road, Walton .

2.2 Provision for Badgers (Compliance with Condition No. 16)

Badger Monitoring & Mitigation Statement

Introduction & Review of Badger Activity on Site

A badger survey completed in February 2014 (Urban Green, 2014) recorded no active setts within the site, or within 30m of the site boundary (Figure 5). An outlier (or subsidiary) sett was recorded on site, but there was no evidence of usage at the time of the survey; a further two setts were recorded within 100m of the site. Signs of badger usage of the site were recorded, including badger tracks, snuffle holes and dung heaps. A follow-up check completed by SESS in October 2014 prior to preparation of this Statement, confirmed that the onsite outlier sett remained unused and there was no evidence of new badger excavations within the site.

It is concluded that at the present time there are no active badger setts within the site or within 30m of the site boundary, however badgers may still be entering the site on occasions to forage.

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SESS November 2014 Chester Road, Walton .

Figure 5: Location of badger activity within and around the site in February 2014 (Figure extracted from Urban Green, 2014)

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SESS November 2014 Chester Road, Walton .

Assessment of Level of Risk to Badgers

The current level of risk from the proposed development to active badgers setts is assessed as negligible; the level of risk to badger individuals entering the site in the absence of "Reasonable Avoidance Measures" (RAMs) is assessed as low. The loss of foraging opportunities within the site to the local badger clan is assessed as insignificant; although scattered badger scuffle holes are present the general levels of badger activity within the site are low.

It is therefore concluded that an application to Natural England for licensed Badger Mitigation measures is not required as active setts are not at risk, however, Reasonable Avoidance Measures (RAMs) are required to reduce the risk of harm or death to badgers during the construction phase of the development.

'Reasonable Avoidance Measures' to protect badgers during the Construction Phase

The RAMs should focus on 1) exclusion of badgers from the site during the entire construction period, or if this cannot be reasonable achieved that 2) measures that can be taken to discourage badgers from entering the site and steps than can be taken to prevent harm or entrapment if them do enter the site.

Urban Green (2014) prepared an extensive list of RAMs (Figure 6) which are fully endorsed by the current author subject to the following comments:

Erection of Protective Boundary Fencing: The erection of badger proof fencing around the total perimeter of the site is subject to negotiation with the development contractors and unlikely to be realistic. Rather erection of badger proof fencing is likely to focus on the interfaces with the mature woodland to the southern and eastern boundaries of the site where its effectiveness is expected to be greatest. Otherwise the Urban Green stated RAMs should be implemented in full.

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SESS November 2014 Chester Road, Walton .

Figure 6: 'Reasonable Avoidance Measures' to reduce the risks to badgers to negligible levels (extracted from Urban Green (2014)

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SESS November 2014 Chester Road, Walton .

Figure 6 continued: RAMs for Badger Protection

Monitoring & Reporting during Construction and Post Development Phases

Ecology Clerk of Works and Monitoring Requirements

A suitably qualified Ecology 'Clerk of Works' to be appointed to: a) act as a pre development advisor to the developers and contractors. b) act as advisor on materials and monitor erection of badger proof fencing. c) monitor badger activity on and in proximity to the site on a monthly basis during the construction period and prepare a report for submission to the LPA on an annual basis and/ or completion of construction works (whichever is the shortest).

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SESS November 2014 Chester Road, Walton . d) advise contractors on RAMs as listed in Figure 6, and whilst completing monthly badger activity checks also check that contractors are adhering to RAMs and advise them of their responsibilities if non-compliance is noted.

Conclusions

It is concluded that provided there is conformity with the stated Reasonable Avoidance Measures, supported by regular monitoring of badger activity by a suitably qualified person prior to commencement and throughout the construction works period, then the risk to badgers is assessed as negligible.

To satisfy the LPA on full conformity of planning condition, there is a commitment to submit written reports to the LPA on a regular basis.

References

Urban Green (2014) Baseline badger Survey & Outline Mitigation Strategy. land at Ship Inn, Chester Road, Warrington

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SESS November 2014 Chester Road, Walton .

2.3 Provision for Breeding Birds (Compliance with Condition No. 18)

As there are no suitable trees or suitable alternative features on site to accept bird boxes, it is therefore proposed that:

A total of ten permanent bird boxes to be installed into the gable end brickwork of selected new build dwellings, and a further ten artificial swallow nests to be mounted under the soffits of selected buildings.

The bird boxes are to be build into the brick work. Design drawing are given from The Habitats Range (see www.habitat.co.uk) of bird boxes (Figures 7 & 8), however similar provision from alternative suppliers are acceptable subject to consultation with the acting Ecology Clerk of Works.

Figure 7: A typical 'in built' sparrow box, with options available on frontage plate to match build brickwork. (extracted from 'Habitat' web site)

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SESS November 2014 Chester Road, Walton .

Figure 8: Design details of in build sparrow nest box (extracted from 'Habitat' web site)

The location of the artificial swallow nests (Figure 9) will require careful consideration to maximise usage potential, whilst minimising the degree of nuisance due to faecal mess when the nests are occupied

Figure 9: Schwegler artificial swift box

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SESS November 2014 Chester Road, Walton .

2.4 Provision of Wildlife Protection Zone

(Compliance with Condition No. 19)

Introduction The original application area included important and sensitive habitats to the west, namely the brook corridor and areas of woodland and semi improved grassland (see Figure 2). The site has now been revised with the new red line boundary to the eastern perimeter now stopping short of the brook (Figure 10). The valued habitats to the east will not be impacted by the works, and a new boundary fence has already been erected (Photograph A) along the entire eastern site boundary.

Figure 10: Plan showing site boundary (red) and newly erected fencing along eastern boundary (black) and potential for additional new fencing to southern boundary (dashed black)

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SESS November 2014 Chester Road, Walton .

Photograph A: View of new fencing to eastern boundary of site. The fencing will prevent direct access to the valued habitats to the east. The fencing will also prevent direct badger access into the site from the woodland.

The site, as now is, has been shown to contain little of nature conservation interest other than small patches of species poor semi improved grassland, and buildings which have the potential to support breeding birds during the spring and summer period. The need for wildlife protection is therefore significantly diminished, and the requirement for a detailed 'Wildlife Protection Plan' is eliminated.

The requirements as set out in Condition No. 19 are listed below along with comments and proposals

No development shall take place until a Wildlife Protection Plan for Construction has been submitted to and approved in writing by the local planning authority. The plan shall include: (a) An appropriate scale plan showing Wildlife Protection Zones, where construction activities are restricted and where protective measures will be installed or implemented;

Provision Figure 11 shows the areas of sensitive habitat to the east and south now fall outside the site and will be protected by fencing to prevent encroachment or disturbance to wildlife during the construction and occupational phase of the development. Heavy duty timber fencing has already been erected along the eastern boundary of the site (Photograph A) and similar will be erected along the southern boundary of the site where it abuts the woodland (Photograph B). Stock fencing in poor condition is currently present along the southern site boundary.

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SESS November 2014 Chester Road, Walton .

Figure 11: Plan showing identified areas of sensitive habitats.

Photograph B: Current stock fencing marking southern boundary between site and woodland

(b) Details of protective measures (both physical measures and sensitive working practices) to avoid impacts during construction;

Provision

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SESS November 2014 Chester Road, Walton .

The erection of heavy duty boundary fencing has been dealt with under (a) above. The fencing will also serve to prevent badger access into the site.

(c) A timetable to show phasing of construction activities to avoid periods of the year when sensitive wildlife could be harmed (such as the bird nesting season or badger breeding season);

Provision No works on buildings, inc. demolition, within the site to commence during the bird breeding season (1st March - 31st August) in an year. If works must commence during the bird breeding season, then checks to be completed by a suitably qualified person (Ecology 'Clerk of Works' (ECoW) immediately prior to commencement of works. If active nests are detected in any building then commencement of works should be delayed until the nest has been abandoned as confirmed by the ECoW. d) Persons responsible for: (i) Compliance with legal consents relating to nature conservation; (ii) Compliance with planning conditions relating to nature conservation; (iii) Installation of physical protection measures during construction; (iv) Implementation of sensitive working practices during construction; (v) Regular inspection and maintenance of physical protection measures and monitoring of working practices during construction; (vi) Provision of training and information about the importance of Wildlife Protection Zones to all construction personnel on site.

Provision Compliance with d(i-vi) to be the responsibility of the appointed ECoW.

All construction activities shall be implemented in accordance with the approved details and timing of the plan unless otherwise approved in writing by the local planning authority.

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SESS November 2014 Chester Road, Walton . 2. 5 Provision of Habitats Management Plan

(Compliance with Condition No. 20)

Habitats Management Plan

Introduction As discussed in the previous section on compliance with Condition 19, as the new site boundary excludes the valued and sensitive habitats to the east which will be further protected from damage or disturbance by fencing, the requirement for a detailed Habitats Management Plan is no longer required. However, it is appropriate to prepare an outline Habitats Management Plan which reviews the site features and proposed enhancements within the site, most of which have already been dealt with earlier under compliance with other Planning Conditions.

Description and evaluation of the features to be managed Designated Sites There are no statutory or local non-statutory wildlife sites within the site. The nearest designated wildlife site is 'Walton Locks LWS' located 475m to the north east. There are therefore no perceived threats to wildlife sites. No special management requirements.

Habitats within the Site The site comprises of buildings, hard-standing, species poor semi improved grassland, amenity grassland, scattered trees, tall ruderal & ephemeral/short perennial habitats. With the exception of one of the trees, a large lime (Tilia sp.) near the site entrance, all other listed site habitats have been assessed as having low value and will be lost to the development. No special management requirements.

Habitats in Proximity to the Site None of the wetland, woodland and semi improved grassland habitats to the east of the site will be directly impacted by the proposed development. The valued habitats will be screened off from the site by fencing. No further special management requirements other than erection of additional secure fencing to the southern boundary (see compliance with Condition 19 for details).

Protected Species The site can be expected to support small numbers of common passerine breeding birds, and offer occasional foraging opportunities to badgers. Provision for birds will be in- cooperated through appropriate new build landscaping using native species of trees and shrubs.

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SESS November 2014 Chester Road, Walton .

No other protected species or animal grounds are considered under threat, however, reasonable provision for roosting bats will be in-cooperated into the new build (see compliance with Condition 15 for details).

In summary the Habitats Management Plan is only required to consider impacts on protected species and opportunities to create new habitats and features of value to protected species.

Ecological trends and constraints on site that may influence Management There are no ecological constraints to habitats management within the site, as there are no valued/notable habitats currently present within the site.

The key constraints on management opportunities for nature conservation are the restricted size of the site and the degree of intensive redevelopment to residential usage. As a consequence there is limited area available to natural habitats creation/soft landscaping.

A significant concession to natural landscaping within the current Masterplan is an approximately 5m wide scrub barrier along the western perimeter of the site. The rest of the development site will be largely to buildings, hard-standing and intensively managed amenity grassland, however scattered tree planting is proposed which will be of value to wildlife in the longer term provided appropriate native & wildlife friendly species are planted.

Aims and objectives of management The aims of the habitats management proposals are to maximise the nature conservation value of the site post redevelopment.

Appropriate management options for achieving aims and objectives Management options within the restrictions imposed by the size, nature and intensity of redevelopment pertain to permanent provision for breeding birds and roosting bats, and maximising habitats creation opportunities for the benefit of local wildlife.

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SESS November 2014 Chester Road, Walton .

Prescriptions for management actions

BIRD BOXES ten permanent bird boxes to be installed into the gable end brickwork of selected new build dwellings, and a further ten artificial swallow nests to be mounted under the soffits of selected buildings. (see compliance with Condition 18 above for further details).

BAT TUBES A total of six bat tubes are to be installed into the gable end brickwork of selected new build dwellings. The bat tubes to comprise of four 'Schwegler 2FR' bat tubes (Figure 3) to be mounted as two pairs (Figure 4), and a further two 'Schwegler 1FR bat tubes to be mounted singly. The paired bat boxes to have adjoining walls partitions broken to create link between tubes. (see compliance with Condition 15 above for further details).

A further two bat boxes (Schwegler 2F) to be mounted on the main trunk of the large lime tree at the entrance to the site.

TREE PLANTING A total of at least fifteen half-standard native species trees to be planted within the site as landscape features. Species to be chosen in consultation with the ECoW to maximise their value to wildlife.

SCRUB PLANTING Species selection for the new scrub belt to the western perimeter of the redeveloped site to maximise its established value to wildlife as foraging and breeding habitat. Only native scrub species to be used to maximise future wildlife value. Species to be chosen in consultation with the ECoW to maximise value to wildlife.

Preparation of work schedule (including an annual work plan and the means by which the plan will be rolled forward annually)

A full Annual Work Plan is not justified in this case for the reasons given at the start of this section.

Personnel responsible for implementation of the plan A suitably qualified person or consultancy to be appointed as 'Ecology Clerk of Works', to offer advice and supervision to the developers, building contractors, and landscape architects.

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SESS November 2014 Chester Road, Walton .

Monitoring and remedial/contingency measures triggered by monitoring.

Annual checks and statements to be completed for a period of at 5 years following completion of redevelopment of the site to be prepared by the appointed Ecology advisor or similarly qualified person. The Statement to cover: condition and wildlife uptake of bird boxes and bat tubes condition, and the condition of trees and scrub areas. Copies of Statements to be submitted to the LPA ecologist.

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