Serlby Park Academy Extended Phase 1 Habitat Survey Report

Serlby Park Academy

Extended Phase 1 Habitat Survey Report

PSDERSU2

October 2013

Document Control Sheet BPP 04 F8 Version 15; March 2013

Project: Serlby Park Academy Client: Education Funding Agency Project No: PSDERSU2 Document title: Extended Phase 1 Habit at Survey Report

Origi nated by Checked by Reviewed by NAME NAME NAME ORIGINAL Lucy Besson Saffra Wright Saffra Wright

NAME INITIALS Approved by As Project Manager I confirm that the Anne Laithwaite above document(s) have been subjected to For Data Protection Jacobs’ Check and R eview procedure and that I approve them fo r issue

DATE Octobe r 2013 Document status: FINAL

NAME NAME NAME REVISION

NAME As Project Manager I confirm that the INITIALS

Approved by above document( s) have been subjected to Jacobs’ Check and Review procedure and that I approve them for issue DATE Document status

NAME NAME NAME REVI SION

NAME As Project Manager I confirm that the INITIALS

Approved by above document(s) have been subjected to Jacobs’ Check and Review procedure and that I approve them for issue DATE Document status

Jacobs U.K. Limited This document has been prepared by a division, subsidiary or affiliate of Jacobs U.K. Limited (“Jacobs”) in its professional capacity as consultants in accordance with the terms and conditions of Jacobs’ contract with the commissioning party (the “Client”). Regard should be had to those terms and conditions when considering and/or placing any reliance on this document. No part of this document may be copied or reproduced by any means without prior written permission from Jacobs. If you have received this document in error, please destroy all copies in your possession or control and notify Jacobs.

Any advice, opinions, or recommendations within this document (a) should be read and relied upon only in the context of the document as a whole; (b) do not, in any way, purport to include any manner of legal advice or opinion; (c) are based upon the information made available to Jacobs at the date of this document and on current UK standards, codes, technology and construction practices as at the date of this document. It should be noted and it is expressly stated that no independent verification of any of the documents or information supplied to Jacobs has been made. No liability is accepted by Jacobs for any use of this document, other than for the purposes for which it was originally prepared and provided. Following final delivery of this document to the Client, Jacobs will have no further obligations or duty to advise the Client on any matters, including development affecting the information or advice provided in this document.

This document has been prepared for the exclusive use of the Client and unless otherwise agreed in writing by Jacobs, no other party may use, make use of or rely on the contents of this document. Should the Client wish to release this document to a third party, Jacobs may, at its discretion, agree to such release provided that (a) Jacobs’ written agreement is obtained prior to such release; and (b) by release of the document to the third party, that third party does not acquire any rights, contractual or otherwise, whatsoever against Jacobs and Jacobs, accordingly, assume no duties, liabilities or obligations to that third party; and (c) Jacobs accepts no responsibility for any loss or damage incurred by the Client or for any conflict of Jacobs’ interests arising out of the Client's release of this document to the third party.

Executive Summary

This report contains confidential/sensitive ecological records and as such should not be made available for public circulation.

An extended Phase 1 habitat survey (P1HS) of Serlby Park Acade my was carrie d out on 5 th September 2 013. This survey included an external inspect ion of all the existing buildings on both sites for bat roost and breeding bird pote ntial. The field survey was supplemented by a data gathering exercise and desk top review.

The survey area comp rises the area to be d eveloped and all ar eas to be used during construction. Habitats present were mapped and the pres ence of, or the potential for the habitats to support protected species, was noted. Th e proposed development shows the majority of buildings on site to be demolished, except for the leisure centre and plant room, so their potential for supporting prote cted species (in particular bats and breeding birds) was assessed.

The habitats recorded within the study area are of limited botanical value, containing a low diversity of common and widespread plant specie s. The survey area is dominated by amenity grassland, building s and hard standing with introduce d shrubs and scattered trees with an area of tall ruderal and broad-le aved woodland which is part of a Local Wildlife Site (Snipe Park Wood) to the west. Woodland is also a UK BAP priority habitat, t herefore it is recommended that t his area of woodland remains unaffected as shown under the current development proposals. A small ornamental goldf ish pond was recorded in the study a rea, which is of limited value and is not considered to be suitable fo r great crested new t. T he pond is however adj acent to buildings to be demolished and should be dra ined down and animals pre sent (fish , common, a mphibians) tr anslocated into sui table alternative habitats (see section 4.2).

The shrub beds with in the sch ool ground s adjacent to the b uildings to be demolished contain non-native Cotoneaster, which are listed as an invasive species on Schedule 9 of the Wildlife and Countryside Act (WCA) 1981 (as amended), and should therefore be disposed of accordingly. It is an offence to cause the spread of this species in the wild.

The buildin gs offer mo derate pote ntial for roo sting bat s a nd seve ral potential ba t roost features were id entified within the exi sting buildings wh ich are to be demolished. As such it is recommended that further surveys of the buildings will be required: two dusk emergence / pre-dawn re-entry surveys undertaken between July and August by suitably qualified ecologists.

No other e cological surveys are required t o inform th e detailed design or t o accompany a planning application, but the timing of the demolition and a ny required vegetation removal should con sider the pot ential for n esting b irds. A preconstruction check for b adgers is a dvised if the construction moves within 30m of the woodland located on site and adjacent to site. Further asse ssments for protected species may also be required if the woodland area is affected.

Contents

1 Introduction 1 1.1 Background 1 1.2 Aims and Objectives 1 1.3 Site Description 2

2 Methodology 3 2.1 Desk Study and Consultation 3 2.2 Extended Phase 1 Habitat Survey 3 2.3 Assessment of Bat Roost Potential 4 2.4 Constraints 5

3 Results 6 3.1 Data Search 6 3.2 Field Survey 7

4 Conclusions and Recommendations 14 4.1 Designated Sites 14 4.2 Habitats 14 4.3 Protected Species 14

5 References 18

Figures

Appendix A Proposed Options Site Plans

Appendix B Desk Study Results

Appendix C Photographs

Appendix D Target Notes

Appendix E Protected Species Legislation

1 Introduction

1.1 Background

Jacobs UK Ltd. (Jaco bs) was co mmissioned by the Ed ucation F unding Agency (EFA) to provide environmental support to the op tion selection process and possible submission of a plannin g application for the proposed development of a new three storey secondary school block and two storey primary schoo l block with associat ed car parking and landscaping at Serlby Park Academy, whi ch is locate d in Bircote s 13km south of Doncaster (grid reference SK62959200 see in set on Figure 1: Phase 1 Habitat Survey Map).

The preferred options being considered for the location o f the new buildings ar e presented in Appendix A. The proposed works will comprise construction of a new primary and secondary school bu ilding and a ssociated works as outlined below, depending on the selected preferred option:

 construction of a new three storey secondary school a nd conjoined two storey primary school located on the ex isting playing fields and tennis court s to the north of the existing school location;  demolition of al l main school buildings with retention of Bircotes Leisur e Centre and the existing plant room;  removal of some existing vegetation in the footprint of the new building and  a new car park, increasing current parking provision.

1.2 Aims and Objectives

The aims of the survey were to record the habitats present and identify the presence of, or potential for, le gally protected specie s to occur within the proposed development area. It is unde rstood that this re port will info rm the detailed desi gn and may accompany a planning application for the proposed works.

The objectives of the survey were to:

 undertake a desk study and consultation exercise to collect existing re cords of species a nd designated sites (st atutory and non statutory) within 2km of the proposed development site;  undertake an extended Phase 1 habitat survey (P1HS) of the proposed development site;  undertake an external inspection surv ey of the buildings for evidence indicating use by bats;  assess t he potential of the building s and trees present to support roo sting bats, and  identify the requirement for any further ecological surv eys necessary to accompany a planning application.

1.3 Site Description

Serlby Park Academy is located in Bircotes, a small t own on th e border o f Nottinghamshire and S outh Yorksh ire, and13km south of Doncaster. The schoo l adjoins residential prop erties with associated gardens to the south; Plumtree Farm to the east; Snipe Park Wood to the west and Swinnow Wood to the north of Bawtry Road. Woodland also borders the north of the school playing fields, south of Bawtry Road. The school is situated within a wider landscape of woodland, arable farmland and semi-improved / improved grassland.

The River Ryton runs 1.5km to the southeast of the school and there are numerous drainage dit ches throug hout the arable farmland to the west. With in 500m of th e site there is a sustainab le urban drainage syste m (SUDS) with what appears to b e a pond on Ordnance Survey mapping located 160m southwest in Snipe Park Wood (this is add ressed furth er in Sectio n 3.2.2). I n the wider lands cape there ar e numerous expanses of woodland including Swinnow Wood and Bawtry Forest.

The total survey area for the school site (approximately 11.9ha) comprises the main school build ings; car pa rks; hard su rface tennis courts; gar den are as and playing fields within the red line (Surve y Area Bound ary) on the Phase 1 Habitat Ma p (Appendix A).

The existing school buildings a re predominant ly single storey flat felt roof construction dating from the 1970’s with the occasional later addition. The leisure centre sports hall and one block to the north of the school are the equivalent of two- storey height (halls).

2 Methodology

2.1 Desk Study and Consultation

A desk study was undertaken to obt ain ecological information about the wider study area and surrounding landscape. This study was designed to identify any statutory and non-statutory designated sites of nature conservation interest within 2km of th e site, and to identify records of legally protected or otherwise notable species/habitats within 2km of the site.

Records were sought for prot ected species and other species of conservation importance, includ ing t hose listed as priority species on the National and Loca l Biodiversity Action Plans (BAP species) and listed as Species of Principal Importance (NERC Act 2006 Section 41).

The following web resources were accessed on 16th September 2013:

 the Multi-Agency Geographical Information for the Countryside (MAGIC) website (www.natureonthemap.naturalengland.org.uk);  aerial photography and online maps (www.mapsgoogle.co.uk).

In addition data was re quested fro m the follo wing third p arties du e to the survey area being located on the boundary of two counties:

 Nottinghamshire Biological and Ge ological Records Centre (NBGRC) – the primary function of the NBGRC is to map the areas within the county that are particularly valuable for wildlife, but it also collates biodiversity data from a range of local ecological groups; and  Doncaster Biological Records Centre (DBRC) – as a local records centre for the Doncaster area in South Yorkshire DBRC supplies ecological data.

2.2 Extended Phase 1 Habitat Survey

Jacobs’ e cologists Lu cy Besson and Anna Co cker undert ook a site visit on 5 th September 2013.

The site was surveyed on foot and all habitats within the survey area were assessed and mapped according to the survey methods outlined in the Handbook for Phase 1 habitat survey (JNCC, 2010). Dominant and notable plant species w ere recorded, with botanical taxonomic nomenclature following that of Stace (2010). An extended Phase 1 habitat survey enhances the standard methodology by looking for evidence of any protected species that may be using the site, or identifying habitats within the site which may be cap able of sup porting particular protect ed species as developed in Guidance for Baseline Ecolog ical Asse ssment (Institute of Environmenta l Assessment, 1995). The results are presented in the Phase 1 Habitat Survey Map (P1HS) in Appendix A.

Target notes (TN) were made to record key habitat features too small to be mapped and to provide greater detail on ot her features of ecological int erest. Photos were also taken to illustrate the broad habitats types and/ or other features of interest.

Signs indicating evidence of, or potential for the presence of protected species an d other species of conservation concern were recorded and assessed using professional judgement. The following features were recorded if present:

 trees and structures suitable for bat roosts;  trees and habitats suitable for nesting birds;  habitat suit able for ba dger ( Meles m eles) an d signs of activity, e.g. setts, latrines, runs, feeding remains, footprints;  transitional habitats, co mpost heaps, south facing banks which ma y be suitable for reptiles;  ditches and ponds wit h suit able habitat for great crest ed newt ( GCN) (Triturus cristatus) and/or water vole (Arvicola amphibius); and,  location and stand size of invasive non-native plant species.

2.3 Assessment of Bat Roost Potential

An external inspection of all buildings on site was undertaken to assess potential for roosting bat s. This inv olved a ground based visual inspe ction of all t he buildings using bin oculars and a Clulite h igh-powered torch; con centrating on po tential exit/ entry points into the ro of space, wall cavitie s or other external fea tures providing potential roosting sites for bats (e.g. gaps under tiles, around window frames, under fascia bo ards and han ging tile s). No internal inspect ions were co mpleted at th is stage.

All trees on site, particularly those that may b e removed during co nstruction were also asse ssed for potential to sup port a bat roost using standar d methodology guidelines (Hundt 2012). Trees play a very i mportant part in bat life cycles and at least 12 of the 18 bat species present in the UK are known to use tree roosting site s at some point through the year. Trees were surveyed f rom gr ound level and features such as woodpecker holes, rot holes, snags, loose bark or dense ivy were recorded. The context of the tree within the wider landsca pe was also taken into account i.e. the degree of conne ctivity with suitable foraging and roosting habitat and the proximity of the tree to areas of w oodland or significant line ar features (e.g. watercourse, mature hedgerow, wooded lanes).

Buildings were also assessed for b at roosting potential using the B at Conservation Trust Good Practice Guidelines (Hundt 2012) a nd given e ither a Highe r or Lower likelihood of bats being present based on the potential roosting features present1.

Assessment of the trees for bat potential was similarly carried out with r egard to the guidelines outlined by the Good Pra ctice Guidelines. Trees with bat roost potentia l were assessed and given a catego ry from Category 1* (Trees with multiple, high ly suitable features capable of supporting larger roosts) to Category 3 (Trees with n o potential to support roosting bats)2. Trees where positive evidence of a bat roost has

1 See Bat Conservation Trust Good Practice Guidelines (2nd Edition) Table 8.2 for detailed description. 2 See Bat Conservation Trust Good Practice Guidelines (2nd Edition) Table 8.4 for detailed description.

been recorded (either during the assessment or through historica l records) a re categorised as “Known or Confirmed roosts”.

The need for further bat activity surveys on buildings and tree s identified a s supporting potential bat roosting features was assessed as part of this study. T he likelihood of specific impacts arisin g from the development (for example, demolition of a buildin g, felling of a tree, significant d isturbance t o a building, etc.) wa s assessed to identify whether the a ction cou ld result in co ntravention of existin g wildlife legislation (WCA 1981, as amended and the Habitat Regulations 2012).

This approach takes account of the roost potential and the likely impact, and based on this assessment, between 1 and 3 activi ty surveys comprising dusk emergence / dawn re-entry surveys are reco mmended i f the featu re show s potential fo r supporting roosting bats. These activity surve ys are undertaken across the optimal season which runs fro m app roximately April to Septembe r inclusive. The level o f survey effort to provide confidence in a negative preliminary roost assessment of the buildings has been asse ssed using professional judgement and the guidance table within the current guidelines 3 (BCT 2012) and u ses the likelihood of a roost bein g present verses the risk of disturbance.

The P1HS was undertaken in Se ptember, a suitable tim e of year for P1HS, yet foliage on t he trees ca n obscure p otential bat roost features from v iew. Howeve r, this is not considered a limitation on survey re sults since weather conditions were optimal and it was possible to assess the tre e trunks an d main limbs from the ground without foliage obscuring potential bat roost features.

Internal inspections of t he buildings did not form part of th e agreed scope for this survey. Ho wever an e xtensive ext ernal inspe ction of the school w as undertaken , enabling th e surveyors to sati sfactorily assess the su itability of the building to support roosting bats; therefore this is not seen as a constrain t on the initia l inspection survey.

The natural environment is dynamic and subject to change over time with the inward and outward movement of species. Therefore, this report and its recommendation s reflect the site conditions on 5 th September 2013. Habitats can be affected/respond to change (natural or external influences/processes) slowly and for the timeframe of this proje ct it is conside red that nat ural change is un likely to affect the protecte d species stat us on th is site in the short term. The behaviour of wild life can b e seasonal a nd unpredictable, as such it is considered g ood practice for wildlif e surveys to be repeated should development b e deferred f or over 12 t o 18 months from the date of the initial survey.

3 See Bat Conservation Trust Good Practice Guidelines (2nd Edition) Table 8.5 for detailed description. 5

3 Results

3.1 Data Search

3.1.1 Statutory Designated Sites of Nature Conservation Importance

Online resources revealed that there are no statutory designate d sites within 2km of the survey area.

3.1.2 Non-Statutory Designated Sites of Nature Conservation Importance

There are eight non-st atutory designated site s called Lo cal Wildl ife Sites (LWS) within 2km of the site (Table 1). The location of these sites is presented in the map in Appendix B along with full details provided by NBGRC. Snipe Park Wood LWS partially falls within the survey area shown as ‘Broad-leaved Semi-natural woodland’ on the P1HS map. Snipe Park Wo od is described as ‘a mosaic of w oodland wit h scrub and damp grassland communities’ in t he data provided by NBGRC. T he current pro posal (App endix A – ‘PROPOSED SITE PLAN OPTI ON 4’) do n ot indicate any direct loss o this LWS woodland.

Table 1 Non-statutory designated s ites within 2km of the survey area Site Designation Approximate Distance / direction from site Whitehouse Plantation LWS 0.70km south east Well Hill, Bircotes LWS 0.5km south west Scrooby Common and Gibbet Hill LWS 1.7km south east Snipe Park Wood LWS 0 km on/within west boundary of site Coronation Clump Sandpit LWS 1.1km south Scrooby Road Grassland, Bircotes LWS 0.6km south east Bawtry Road, Bircotes LWS 0.6km north west

3.1.3 Biodiversity Action Plan (BAP) Priority Habitats

Within 500 m of the survey area t here are two habitats listed as UK Biodiversity Action Plan (BAP) priority habitats including Lowland Deciduous W oodland and a Pond.There are five areas of deciduous woodland. Part of one of t he areas of deciduous woodland is within the survey area (Snipe Park Wood), a nd anoth er adjoins part of the northern boundary. There is no ancient woodland within the survey area. There is an area of ancient woodland; Swinnow Wood nor th of Bawtry Road, approximately 150m north of the survey area

One pond was identified from OS maps and aerial photogra phy within 5 00m of the site locate d 160m southwest in Snipe Park Wood which adjoins the survey area . This ‘pond’ is part of a wider SUDS scheme that receives surface water run-off from the park that it circumvents (discussed in more detail in section 3.2.2).

3.1.4 Notable Species including those of Principal Importance (NERC Act Section 41) and National and Local BAP Species

The following records for protected and notable species were obtained from the data supplied by NBGRC (Table 2). The NBG RC also provided re cords of local Biodiversity Action Plan (LBAP) species. Re cords were not in all cases sufficiently detailed to identify an exact location but whe re available, specific lo cations ar e included. Full desk study results are presented in Appendix B.

Table 2 Rec ords of protected and notable species within 2km of the site since 2000 Date of Number of most Species records Designations recent within 2km record Grass snake 4 11/07/2009 WCA 1981 (Sch5) Natrix natrix NERC 2006 UKBAP

The NBGRC also provided records within 2k m of other notable species listed as UK BAP Priorit y Species: Roe Deer ( Capreolus capreolus ), c ommon frog ( Rana temporaria) and common toad (Bufo bufo).

Eleven species o f bird were obtained in the desk study includin g two UK BAP Priority Species: lapwing (Vanellus vanellus) and wood lark ( Lullula arborea) which are also NERC Species of Princ iple Importance. A single record of peregrine falcon (Falco peregrinus ), was found, wh ich is a species afford ed additional protectio n from disturbance whilst breeding, listed und er Schedu le 1 of the Wildlife an d Countryside Act (WCA) 1981 (as amended). Full details of bird records are provided in Appendix B.

3.1.5 Non native invasive plant species

No records of any non-native plant species were obtained from NBGRC.

3.2 Field Survey

3.2.1 Habitats

All habitats within the survey area were mapped in and are presented in the P1HS map (Appendix A). The figure is augmented by photographs (displayed in Appendix C) and Target Notes (Appe ndix D) as necessary. The following ha bitats wer e recorded in the survey area:

 amenity grassland;  hard standing and an Astroturf surface;  hedgerow (intact species-poor);  introduced shrub;  broad-leaved semi-natural woodland;  scattered trees (broad-leaved);

 Please refer to full legislative text under the Act for exact wording relating to protection afforded. The wording in this report is a summary for information purposes in the context of this report only.

 a pond;  arable (allotment);  poor semi-improved grassland;  scattered scrub and  tall ruderal.

The dominant habitats within the survey area are amenity grassland (playing fields), the school buildings th emselves a nd surrounding hard standing (pla ygrounds and car parks). There is a small area of broad-leaved semi-nat ural woodland (deciduous) which is part of Snipe Park Wood that falls wit hin the boundary at the western periphery (TN 2) and also adjacent to the north b order ma rked by T N 6. An area of ruderal vegetation with scattered scr ub (TN 5) was recorded adjacent to the woodland on site an d introduced shrubs (n on-native, ornamental) with species typical of amenity land scaping were recorded around the buildings and courtyards. There are numerous scattered broad-leaved trees around the school. Species-poo r intact hedgerows line some of the walkways and car parks.

Each habitat type is summarised below:

Amenity g rassland: This habitat is dominant throughout the site in cluding th e playing fields and gra ssed areas ar ound the school build ings and car parks. The sward is regularly mown short and well managed. It includes typical species such as perennial r yegrass ( Lolium pere nne), common bent (Agrostis capillaris) an d common cock’s-foot ( Dactylis glomerata ). Some areas included a good array of forbs inclu ding frequ ent commo n cat’s-ear ( Hypochaeris radicat a), self-heal (Prunella vulgaris), yarrow (Achillia millefolium) and common daisy (Bellis perennis).

Hard standing and As troturf: This is dominant throughout the si te and includes the playgrounds, car p ark and walkways around the scho ol, typica lly of tarmac or paving-slab compositio n. A large artificia l pla ying surface laid with Astroturf was present at the leisure centre to the west of the site.

Hedgerow: The entrance drive to the scho ol in the so uth had a species-poo r, closely clip ped hawthorn ( Crataegus m onogyna) hedge along the w estern edge , extending around to th e west alon g the borde r with St Patrick’s C atholic Primary School, adjacent.

Introduced shrub : Introduced sh rubs were recorded in pre-constr ucted beds scattered th roughout the school b uildings ad jacent to th e buildin gs themselve s. They comprised a mixt ure of non-native shrubs of orname ntal and amenity value; typically thorny and dense, maintain ed to below window height at a pproximately 1- 1.5m tall. Many of th e beds include non-native Cotone asters ( c.f. Cotoneaster horizontalis) which is a non-native invasive species listed on Schedule 9 of the WCA 1981 (as amended), whereby it is an offence to cause the spread of this species into the wild. Photo 1 shows a cotoneaster shrub seen during the survey.

Pond: A single, small ornamental fish pond is located at TN 1 (photo 2) adjacent to the school buildings amidst and area of lawn. The pond is a small (approximatel y 2.5m2), concrete form and is plante d up with marginal and aquatic plants including, purple loosetrife ( Lythrum salicaria ), variegated reed sweet-grass ( c.f. Glyceria

maxima), oxygenating pondweed ( c.f. Elod ea canade nsis) an d water lilie s (Nymphaea sp). Several goldfish (at least ten) were visible in the pond during th e survey.

Broad-leaved Semi-natural w oodland: On the western boundar y of the site a small portion of Snipe Park Wood (Local Wild life Site) falls within th e site boundary (TN 2, photo 3). The woodland is a mature oak ( Quercus robur ) w oodland up t o approximately 15 m tal l with an understorey of occasio nal hawth orn and elder (Sambucus nigra ) an d frequent bramble ( Rubus fruticosus ). A footpath ru ns adjacent th e woodland and there is evidence of frequent disturba nce in the woodland suggested by clearing s with littering/empty drink cans. T he ground flora did not comprise any notable species within the survey area.

Adjacent to the north boundary (TN 6, photo 4), there is an expanse of oak and hawthorn woodland, with the canopy reaching up to ap proximately five or six metres. Elder was also visible at t he woodland edges. Th ere were frequent nettle (Urtica dioica) and thist le (Cirsium arvense) patches with o ccasional brash piles in clearings visible at the boundary with the school playing fields.

Scattered trees: There are scatte red broadleaved trees throughout the school site with some areas with a higher frequency than others. Species included horse chestnut ( Aesculus h ippocastanum), field maple ( Acer ca mpestre), lime ( Tilia x europaea), ash ( Fraxinus excelsior), sycamore and ( Acer pseudoplatanus) and oak (Quercus robur). The trees were generally all more mature specimens, all of which were maint ained to a high standa rd. A row of mature b road-leaved trees were present just outside the boundary at TN 3 (east ) and TN 7 (south) which, althoug h outside the boundary have root and canopy areas that overlap the boundar y significantly.

Arable: There is a small corner of t he schoo l g round in the east w hich has been cultivated into an allotment garden where fruit and vegetables are b eing grown and is surrounded by a fence.

Poor semi-improved grassland : Surrounding t he Astroturf playing sur face at the leisure centre, there was an area of grassland between the perimeter fence and the pitch which was mown l ess frequently, allowing the species to flourish which were present in the ame nity grassland, with the addition of false-oat grass (Arrhenatherum elatius).

Scattered Scrub: Throughout part of the tall ruderal area to the wes t, scattered oak shrubs and elder were present wh ere they are colonising from the neighbouring woodland. Adjacent to the school near to the pond (TN 1) there were a few small buddleja (c.f. Buddleja davidii) shrubs within the fenced area.

Tall ruderal: An expanse of tall ruderal vegetation is located adjacent to the south of the broad-leaved semi-natural woodland on site (TN 5). The area is composed of tall herbaceous species which were predominantly common nettle, great hairy willowherb (Epilobium hi rsutum), ho gweed (Heracleum sph ondylium) a nd bramble. This habitat forms part of Snipe Park Woodland LWS.

3.2.2 Protected Species Potential

Bats

No records of bats were returned in the desk study. NBGRC hold b at records fro m Nottinghamshire Bat Group, but no records were found within 2km of the school.

Serlby Park Academy is bordered by residential housing t o the south, with large expanses of open green space to the north and west, including grassland (photo 8), woodland and farmland. These hab itats are like ly to provi de optim al foraging and commuting habitat for bats, should they be present in the area.

The school buildings are almost all single storey, of a flat felt roof construction dating from the 1970’s with the occasional later addition. Photo’s 5-7 give an impression of the building types. The leisure centr e sports hall and one block to the n orth of the school are the equivalent of two-storey height (halls). The build ings were most commonly clad with fine gravel rend er panelling. Lighting units surrounded much of the site. There is limited availability of potential roosting features across the site.

No evidence of roosting bats was observed during the site visit. Te n features wit h bat roost potential were observed around the school buildings; these comprise gaps within soffits, gaps in external walls and warped roofing and cladding materials. No t all of th ese features are conducive to roosting bats: Table 3 des cribes the survey findings for buildings and presents photographs of the main poten tial roost features, the location of which are shown as target notes (TN) in the P1HS map (Appendix A).

Table 3: Features with bat roost potential TN Description Photos Roost No. potential 8 Vent stack on roof with Low - wooden strip around top Moderate with gap visible (<150mm) underneath. Possibly leading further into stack/ building.

9 Strip below roof peeling Low away from wall leaving < 200mm gap c3m above ground level. Appears superficial (not leading into building).

10 Strip below roof peeling (similar feature to TN 9 above) Low

TN Description Photos Roost No. potential away from wall leaving < 200mm gap c.3m above (similar feature to TN 9) ground level. Appears superficial (not leading into building). Dense cobwebs over gap visible. 11 Wooden panel lifted away Low - from wall within cladding Moderate creating potential entry point.

12 Cou rtyard with c.5cm Moderate diameter hole adjacent to drainpipe, leads into cavity.

13 Wooden panel on side of Moderate building with <4cm diameter hole into cavity behind.

14 Wooden clad structure on Moderate roof (presumably housing utilities of some description). <500mmm hole (old pipe outlet) in wall, possibly leading into more extensive cavity.

TN Description Photos Roost No. potential 15 Wooden fascia board Low- degrading and dislodged moderate revealing entry point into soffit boxes at c.3m above ground level.

16 Hole in wall c.3m above Low ground level. Approximately 4cm diameter.

17 Opening at base of Low rendered panel above window pane c.3m above ground.

Birds

The introdu ced shrubs, broad-leaved semi-natural woodla nd, scatt ered scrub and tall ruderal habitat offer suitable ne sting habitat for common garde n and woodland species of b irds. The scattered trees on site ar e larger, wider branching trees tha t have a more limited po tential to support nestin g birds, but could support specie s with larger nest su ch a s members of the corvid (i.e. crows, magpies) and pigeon (i.e. wood pigeon, collared dove) family.

The desk study included a record of a Schedule 1 protected specie s, peregrine falcon. The habitats at the school are unsuitable to support a peregrine nest site, as they are typically located high up on cliffs or tall buildings with suitable ledges.

Badger

No records of badger were found in the desk st udy and no signs of ba dger were recorded during the surveys. The only area considered potentially suitable fo r badger is Snipe Park Woodland as has so me sloping banks available for set t

creation. No signs of badger were detected in the area of wood land within th e survey area (red line, P 1HS map) at the t ime of the sur vey, however it is possible that badger are present in the wider area in the surrounding woodlands.

Great Crested Newt

There is on e pond on site (TN 1) which is hig hly unlikely to supp ort GCN or an y other amphibians due t o the high d ensity of ornamental goldfish pre sent in such a small pond and the poor quality of terrestrial ha bitat (lacking any shelter) available surrounding the pond.

There was one other water feature noted during the survey l ocated in Bircotes Park, approximately 250m to t he south of the site, sho wn as TN 4 on (P 1HS map). This water feature appears on Ordnance Survey mapping as a small pond. It is actually a small stoney clearing (photo 9) within a larger SUDS system that surrounds the park (photo 10). The entire system is a shallow channel planted with de nse continuous common reed (Phragmites australis) with occasional bulrush ( Typha latifolia). Great hairy willowherb was also present at a low density. No open water w as visible but it is likely that after heavy rainfall, there would be temporary attenuatio n of water. The damp channels have connection to Snipe Park Woodland and offe r good foraging habitat for amphibians. This SUDS feature is not considered s uitable breedin g habitat for GCN, as th ey have sp ecific breed ing requirements which require open water for displaying and courtship, which was lacking at the time of the survey and is likely to also be lackin g during the GCN bre eding seaso n. It ma y b e suitable for common amphibians such as smooth newt ( Triturus vulgaris), common frog ( Rana temporaria) and common toad (Bufo bufo), the latter of which is a UK BAP species.

Reptiles

The amenity habitats within the sch ool grounds are not suit able to sup port reptiles as they lack the structural diversity to provide foraging and sheltering opportunities for reptile s. The woodland and ta ll ruderal ha bitat at the west of th e site and woodland adjacent to the north bou ndary does however offer suitable conditions for reptiles such as gra ss snake and ( Natrix natrix ) and slow worm ( Anguis fragilis ). There is also a large area of semi-improved g rassland (p hoto 8) a djacent to th e north west of the site which offers suitable foraging habitat for these species.

Invasive Plant species

Non-native Cotoneaster is present within the introduced shrub habitat (see Phase 1 Habitat Map) around th e school. As mentioned previously, it is a species listed o n Schedule 9 of the WCA 1981 (as amended). T heir listing on this schedule means it is an off ence to cause the spread of these species in the wild .

4 Conclusions and Recommendations

4.1 Designated Sites

There were no statutory designated sites found within 2km of the site in the desk study. Several LWS (n on-statutory) were found within 2km of the si te. A proportion of Snipe Park Woodland (TN 2) overlaps in to the site boundary. The footprint of the new school does not however in dicate any loss of this woodlan d habitat. It is recommended that the new school and all co nstruction r elated a ctivities remain remains away from the woodland and the associated tall ruderal habitat (TN 5). If construction activities are expected to be located within close proximity of this area, suitable protection measures to prevent damage and disturbance should be installed (i.e. heras fencing precluding entry of vehicles or machines closer that the extent of the woodland canopy as a minimum buffer zone). No impacts to othe r LWS are anticipated as a result of the proposed development.

4.2 Habitats

The majority of habitats are of a menity value within th e survey area, with the exception of the broad-leaved deciduous woodland (UK BAP habitat) and associated tall ruderal area (TN 2 and TN 5). The small manmade ornamental pond on site is also considered to have very limited biodiversity value and could easily be re-created and enhanced within t he new school design . The p ond is locate d adjacent to a build ing planned t o be demolished und er the pro posals. In this location, it is unlikely th at the pond would be a ble to be protected throughout the demolition p rocess ther efore measures are re commended to protect t he fish an d any other common ani mals present in the po nd. It is re commended that prior to demolition the fish are t ransferred out of the pond and suitably stored or transferred into another suitable po nd. The pond should t hen be drained dow n using a fine grade mesh pump and any remaining animals captured. Any common amphibians present should be transferred into suitable habit at such a s ponds within the nearb y Snipe Park Woodland.

The woodlands in the wider area (UK BAP habitat) are not considered to be affected under the current propo sals. Care should be t aken of Snip e Park W oodland during construction if operat ions or stora ge of materials or equipment are likely to tak e place close to this area (see section 4.1 above).

Section 40 of the NERC Act 2006 states that "Every pu blic authority must, in exercising its func tions, have reg ard, so fa r as is consiste nt with t he proper e xercise of those functions, to the purpose of conserving biodiversity". To meet this Biodiversity duty it is recommended that hab itat enhancement opportunities shou ld be explor ed in orde r to maintain and enhance the biodiversity value of the site if feasible within the scope of the proposed development.

4.3 Protected Species

A summary of wildlife legislation relevant to the species listed below can be found in Appendix E.

4.3.1 Bats

Generally, the buildings on site were assessed as having a low- moderate likelihood of being used by bats d ue to the pr esence of several potential bat roo sting features across the site.

As the majority of the building s marked for demolition offer som e potential ba t roosting features, it is recommended that further survey work is undertaken on these buildings during the a ctive bat season (Apr il to September inclusive). This should include a visual check for the prese nce of a bat roost (fresh droppings, staining, or sighting / h earing). Following this, two dusk emergence or dawn re-e ntry surveys should be conducted d uring the o ptimal time of year (July to Aug ust inclu sive) t o investigate bat activity.

A Natural England (NE) licence may need to b e obtained to permit works if bats ar e found follow ing the bat emergence / re-entry surveys. Also if re sults are inclu sive further pre-construction checks may be required as deemed appropriate pending the survey results.

Regardless of the outco me of further surveys, it is recommended a t this stage that bat sensitive features are consider ed in the ne w design such as installation of bat boxes, directional lighting (to minimise any potential impacts on bat commuting an d foraging ha bitats) and landscap e planting ( which shou ld include night-scented species su ch as honeysuckle ( Lonicera sp.) that attract insects a nd enhance foraging op portunities f or bats). By retaining the trees in the s urvey area the foraging value of the site for any bats utilising the local area can be preserved.

4.3.2 Birds

No further bird surveys are consider ed necessary to accompany a plann ing application for the proposed works. However, th e potential for nesting birds should be taken into account when programming the demolition of the bu ildings and an y required vegetation removal. All species of bir d are afforded legal p rotection under the Wildlife & Countryside Act 1981 (as amended).

It is understood that the woodland and majority of scattered trees will be retained on site. Th e demolition of the school buildings will undoubt edly affect the areas of introduced shrub, and will therefor e require removal, ideally outside of the main breeding bird season which typically runs from March to Augu st inclusive. I f vegetation removal during the bird nesting season cannot be avoided, precautionary nesting bird surveys will be required no more tha n 24hrs in advance of works. This would involve ecologists monitoring t rees and shrubs to determine whether they are used by nesting birds. If nesting birds were discovered in any of the vegetation their removal wo uld only be possib le o nce all young have fledged or t he nest is abandoned.

Retaining trees, woodland and shrubs throughout the survey area would continue to provide nesting and for aging oppor tunities for birds. A ra nge of bird box designs installed in suitable locations on trees and buildings within the site wo uld increase nesting opp ortunities fo r birds. Planting and sensitive management of additiona l

trees and scrub areas t o replace th e ones that will be lost would also i mprove the foraging and nesting potential of this habitat for birds.

4.3.3 Badger

No signs of badger were detected within the survey area. However suitable habitat for badger exists in the woodland on site and surrounding the si te. The current proposals ( Appendix A) do not implicate the loss of any suitable ha bitat, howeve r should the construction activities involve work within 30m of the woodland on site or adjacent to the site , a badger survey wou ld be requ ired. In this case, a preconstruction check six weeks prior to const ruction is a dvised t o allow time to address relevant issue s such as licencing and mitigation, should it be required. A further check approximately 10 days in advanc e is then advised to confirm absence, if absent on the fir st ch eck. It is go od practice to cover op en trenches or provide suitable me ans of esca pe (either a n earth slop e being left at one end or a plank which can act as a ra mp) for ba dger and other mammals at the end of each construction day to avoid unnecessary suffering to mammals that may pass through the site.

4.3.4 Great Crested Newt and other amphibians

No records of GCN were found in t he desk study and the school pond (TN 1) is n ot considered to be suitable GCN breeding habitat. The SUDS area to the south of the site (TN 4) did not support any op en water d uring the survey an d i s considere d unsuitable to support br eeding GCN. Furthermore, the developmen t proposals ar e located with in habitats unsuitable t o support GCN (a menity grass land and hard standing). T he semi-natural habitat s within the survey area (wo odland and tall ruderal at TN 2 and 5) are however likely to su pport common amphibians includ ing common toad, a UK BAP and NERC Species of Principle I mportance. As mentioned in section 4.1, the development does not imp licate direct impacts to this habitat, but protection measures may be re quired for construction related a ctivities. In the unlikely event that a suspected GCN is discovered duri ng cons truction, works should cease immediately and a pro fessional ecological consultant be consulted for advice before proceeding further.

4.3.5 Reptiles Similar to the requirements for amphibians, the development does not affect suitable reptile habitat but the survey area i ncludes suitable habitat where there is woodland and tall ruderal vegetation. If these areas are implicated in the desi gn in the future, mitigation may be nece ssary and t his should be re-assessed by a n ecologist. If a suspected r eptile is discovered on site, all works should cease u ntil professional advice is sought.

4.3.6 Invasive Plant Species

It is recommended that when the old school of demolished the cotoneaster shrubs are disposed of appropriately so that the seeds (berries) are not transferred beyond the school g rounds and spread into the wild in a ccordance with the WCA 1981 (as amended) e.g. incin eration of the p lants or d isposal rather than composting. Th e plants do not cause stru ctural damage to buildin gs unlike other Schedule 9 species such as Ja panese kno tweed ( Fallopia japonica ), but do es threaten native plant

species due to its invasive, spreading nature. The planting of native shrubs, plants and trees would be mo re appropriate in the new design. And con tribute towards supporting local biodiv ersity in accordance with the National Pla nning Policy Framework guidance.

5 References

Hundt L (2012). Bat Surveys: Good Practice Guidelines, 2nd edition. Bat Conservation Trust, London.

Institute of Environmental Assessment, IEA (1995). Guidance for Baseline Ecological Assessment

JNCC (Joint Nature Conservation Committee). (2010). Handbook for Phase 1 habitat survey: A technique for environmental audit. JNCC, Peterborough.

Stace, C. (2010). New Flora of the British Isles, 3rd edition. Cambridge University Press, Cambridge

Figures

FIGURE 1

Legend

Survey Area Boundary 6 1 Target Note

Broad-leaved Tree

Scattered Scrub

Species-poor Intact Hedgerow

Fence

A Arable

Introduced Shrub A Tall Ruderal

Astroturf

Broad-leaved Semi-natural Woodland

SI Poor Semi-improved Grassland

A Amenity Grassland

Swamp

A Pond

Hardstanding

A Building

15 A 16 17 A A 13 12 10 SI 11 A A

A 2 A 1 A A SI A 14 A A 3 9 A A A 8 A 5 A 0 OCT 13 Initial Issue AD LB SW DC Rev. Date Purpose of revision Drawn Check'dRev'd Appr'd

1 City Walk, Leeds, LS11 9DX, UK. 7 Tel: +44(0)113 242 6771 Fax:+44(0)113 389 1389 www.jacobs.com

Client

Project

PRIORITY SCHOOLS

Drawing Title

SERLBY PARK ACADEMY PHASE 1 HABITAT SURVEY MAP

Drawing Status ISSUE 4 Scale @ A3 1:2,000 DO NOT SCALE Jacobs No. PSDERSU2 Client No. 0 25 50 75 100 Drawing No. Reproduced from Ordnance Survey mapping with the permission of the Controller of Her Majesty's Stationery Office © Crown copyright. Unauthorised Meters PSDERSU2_SE_EC_P1HS_01 reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Ordnance Survey Licence number 100019980 (2013). This drawing is not to be used in whole in or part other than for the intended purpose and project as defined on this drawing. Refer to the contract for full terms and conditions.

Appendix A Proposed Options Site Plans

Appendix B Desk Study Results

Non-statutory designated sites (NBGRC 2013):

Non-statutory designated site information (NBGRC 2013):

No. Name Area Grid Ref. Description 2/570 W hitehouse 4.658 ha SK 638917 A good open sandy woodland habitat, well-used Plantation as a local amenity 2/571 W e ll Hill, 2.253 ha SK 623917 A noteworthy area of scrub and wet woodland in Bircotes an urban setting 2/577 Scroob y 3.1 ha SK 648915 An area of scrubby acidic grassland Common and Gibbet Hill 5/2279 S nipe Park 5.018 ha SK 627920 A mosaic of woodland with scrub and damp Wood grassland communities 5/2280 Cor onation 13.063 SK 629904 A sand quarry Clump ha Sandpit 5/3359 Scrooby 2.312 ha SK 636915 A wet acidic grassland Road Grassland, Bircotes 5/3360 Ba wtry 0.508 ha SK 623926 Roadside verge Road, Bircotes

Mammal records (N BGRC 2013):

Species Grid Ref. Dates Location Notes Roe Deer SK628919 27/06/2012 Harworth Snipe Park Wood Capreolus capreolus

Amphibian records (NBGRC 2013):

Species Grid Ref. Dates Location Notes Common Frog SK616913 1 6/04/2009 Harworth 4 Adults in pond on colliery site Rana temporaria Colliery, Harworth SK617912 1 0/04/2008 Harworth 6 Adults in lagoon on colliery site Colliery, Harworth SK619914 1 5/04/2008 Harworth 7 Adults in lagoon on colliery site Colliery, Harworth SK617913 22/03/200 9 Harworth 3 Adults in lagoon on colliery site Colliery, Harworth Common Toad SK619914 22/03/2 009 Harworth 2 Adults in lagoon on colliery site Bufo bufo Colliery, Harworth SK620910 16/04/2 009 Harworth 2 Adults in lagoon on colliery site Colliery, Harworth

Reptile records (NBGRC 2013):

Species Grid Ref. Dates Location Notes Grass snake SK617911 01/05/200 8 Harworth 1 Single captured in grassland during Natrix natrix Colliery, survey work Harworth SK618910 01/05/2 008 Harworth 2 Noted adjacent to scrub during Colliery, survey work Harworth SK624910 01/05/2 008 Harworth 1 Single on grassed spoil found Colliery, during survey work Harworth SK624917 27/09/198 8 Harworth Found at Forest Park plantation south Bircotes SK637922 11/07/20 09 Bircotes Wet seepage in set aside arable (abandoned)

Bird Records (N BGRC 2013) :

Species Grid Ref. Dates Location Count Notes Common Buzzard SK 607905 14/06/2008 Styrrup 1 Common Buzzard SK607905 22/02/2010 Styrrup 1 Harworth Common Buzzard SK6291 23/07/2011 Colliery 3 Grey Heron SK607905 22/02/2010 Styrrup 1 Jay SK625907 11/07/2009 Lord' s Wood 2 Serlb y Kestrel SK607 905 14/06/2008 Styrrup 1 Kestrel SK607 905 22/02/2010 Styrrup 1 Kestrel SK629905 11/07/2009 Serlb y Park 1 SK629 905 Northern Lapwing SK629905 11/07/2009 Serlby Park 1 alarming SK629905 pair plus chick in set-aside Northern Lapwing SK639921 11/07/2009 Bircotes 3 SK639921

Peregrine Falcon S K607905 22/02/2010 Styrrup 1 Styrrup Sand Sand Martin SK6090 23/07/2011 Quarry 50 active holes Sand Martin SK607905 14/06/2008 Styrrup 12 pairs Sand Martin SK630904 11/07/2009 Serlby Park c.50 nest holes SK630904 Sparrowhawk S K635915 11/07/2009 Bircotes 1 White House Plantation Stock Dove SK607905 22/02/2010 Styrrup 38 Wood Lark SK6290 11/07/2009 Serlby Park 1 singing SK6290 Yellow-legged Gull SK620919 13/09/2009 Har worth 1 adu lt

Appendix C Photographs

Photo No. Description Non native Cotoneaster (c.f. Cotoneaster horizontalis) present in introduced shrub beds around school (invasive species listed on Schedule 1 of the WCA 1 1981, as amended.)

Manmade pond (TN 1).

Edge of Snipe Park Woodland where it falls within survey area to west of site (TN 2).

Oak and hawthorn woodland bordering north of site (TN 6).

General photos of school buildings.

Grassland to the west of the site outside of the survey area. 8

‘Pond’ visible on OS mapping, actually not a pond (dry) but part of a SUDS scheme reed bed (TN 4).

Reed bed present in SUDS scheme at Bircote’s park to south of survey area (adjacent to TN 4).

Appendix D Target Notes

Target Note Description 1 Man-made goldfish pond (photo 2). 2 Mature oak woodland which is part of Snipe Park Woodland LWS. Mature tree line adjacent to boundary with canopy and root area 3 overlapping into site. ‘Pond’ visible on OS mapping, actually not a pond (dry) but part of a 4 SUDS scheme reed bed (photos 9 & 10). Tall ruderal vegetation with scattered scrub forming part of Snipe Park 5 Wood LWS. 6 Oak and hawthorn woodland adjacent to north boundary of site. Tree line of poplars (Populus sp.) close to boundary with overlapping 7 canopies and root zones. Potential bat roost feature – addressed in section 3.2.2 ‘Bats’. Photos in 8 Table 3 of report. Potential bat roost feature – addressed in section 3.2.2 ‘Bats’. Photos in 9 Table 3 of report. Potential bat roost feature – addressed in section 3.2.2 ‘Bats’. Photos in 10 Table 3 of report. Potential bat roost feature – addressed in section 3.2.2 ‘Bats’. Photos in 11 Table 3 of report. Potential bat roost feature – addressed in section 3.2.2 ‘Bats’. Photos in 13 Table 3 of report. Potential bat roost feature – addressed in section 3.2.2 ‘Bats’. Photos in 14 Table 3 of report. Potential bat roost feature – addressed in section 3.2.2 ‘Bats’. Photos in 15 Table 3 of report. Potential bat roost feature – addressed in section 3.2.2 ‘Bats’. Photos in 16 Table 3 of report. Potential bat roost feature – addressed in section 3.2.2 ‘Bats’. Photos in 17 Table 3 of report. Potential bat roost feature – addressed in section 3.2.2 ‘Bats’. Photos in 18 Table 3 of report.

Appendix E Protected Species Legislation

Legislation relating to bats All bat species and their roosts and resting places are protected under Schedules 5 & 6 of the Wildlife and Countryside Act 1981 (as amended), the C ountryside and Rights of Way (CRoW) Act 2000, a nd the Con servation of Habita ts and Species Regulations 2010. The Conservati on of Habit ats and Sp ecies Regulations 2010 implements the European Union’s ‘Habitats Directive’ (Council Directive 92/43/EEC (a) on the Conservation of Natural Habitats a nd of Wild Fauna and Flora). The relevant sections of this legislation make it an offence to:

 intentionally kill, injure or capture or take a bat;  possess or control (live or dead animal, part or derivative);  deliberately (intentio nally) or recklessly damage, dest roy or obstruct access to a breeding site or any structure or p lace use d for shelter o r protection by a bat;  deliberately (intentionally) or recklessly disturb a bat whilst it is occupying such a structure or place, and  sell, offer fo r sale, possess or transport for the purpose of sale (live or dead animal, part or derivative).

A number of bat species are UK Biodiversity Action Plan (BAP) priority species.

Legislation relating to breeding birds

All birds, their nests an d eggs are protected by the Wildlife and Coun tryside Act 1981 (as amended) and it is an offence, with certain exceptions, to:

 intentionally kill, injure or take any wild bird;  intentionally take, dama ge or destro y the nest o f any wil d bird while it is in use or being built;  intentionally take or destroy the egg of any wild bird; and  intentionally or recklessly disturb any wild bird listed on S chedule 1 while it is nest building or is in, on or near a nest with eggs or y oung; or disturb the dependent young of such a bird.

Schedule 1 of the Wildlife and Cou ntryside Act 1981 provides further protection for selected species (including peregrine falcon Falco peregrinus), during the breedin g season. If any person i ntentionally or recklessly disturbs a ny wild bird included in Schedule 1 while it is building a nest or is in, on or near a nest containing eggs or young; or disturb depen dent young of such a bird. That person shall be guilty of an offence. For the purpose of this off ence 'Any wild bird' means any bird included in Schedule 1.

A number of bird species are UK BAP priority species.

Legislation relating to badger Badgers (Meles meles) are protected under the Protection of Badgers Act 1992 (as amended) which makes it an offence to:

SERLBY Extended P1HS Report ISSUE.doc

 wilfully kill, injure, take, possess or cruelly ill-treat a badger, or to attempt to do so;  intentionally or reckle ssly dam age, destroy or obstruct access to a badger sett; and  disturb a badger when it is occupying a sett.

These provisions have implications for construction or preparation works undertaken in the vicinit y of an active sett and may be confounded b y distanc e f rom the sett entrance. Any works resulting in ground penetration, vibration or no ise near an identified ba dger sett en trance/s ha ve t he potential to dist urb badgers and advice should be sought from a suitably experienced ecologist un der such circumstances. If disturbance to an active sett is pr obable then a licence may nee d to be obtained from Natural England before any works commence.

Legislation relating to great crested newts Great crested newt ( Triturus cristatus) (GCN) i s afforded strict prote ction under the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitat s and S pecies Regulatio ns 2010. The Conservation of Habitats an d Species Regulations 2010 implements the European Union’s ‘Habitats Direct ive’ (Council Directive 92/43/EEC (a) on the Con servation of Natural Habitats and of Wild Fauna and Flora) in England and Wales. The relevant sections of this legislation make it an offence to:

 intentionally kill, injure or capture or take a GCN;  possess or control (live or dead animal, part or derivative);  deliberately (intentionally) or recklessly damage, destroy or obstruct access to a breeding site or any structure or p lace used for shelter o r protection by a GCN;  deliberately (intentiona lly) or recklessly distu rb a GCN whilst it is occupying such a structure or place, and  sell, offer fo r s ale, possess or transport for the purpose of sale (live or dead animal, part or derivative).

The above legislation applies to all life stages of a GCN, including eggs, juveniles and adults. Impacts upon each i ndividual GCN as the result o f an illegal a ct constitute a separate offence under the above legislation.

GCN is a UK BAP priority species.

Legislation for other amphibians Under the Wildlife and Countryside Act 1981 (as amended) the five widespread amphibian species, smooth newt ( Triturus vulgaris ), palmate newt ( Triturus helveticus), common toad ( Bufo bufo) and com mon frog ( Rana temporaria) receive limited protection throu gh section 9(5) only which makes selling, off ering for sale, possessing or transporting for the purpose of sale (live or dead animal, part or derivative) an offence.

Common toad is a UK BAP priority species.

SERLBY Extended P1HS Report ISSUE.doc

Legislation relating to reptiles The four w idespread species of r eptile, nam ely the co mmon l izard ( Zootoca vivipara), slow-worm (Anguis fragilis), grass sn ake (Natrix natrix) and adder (Viper berus). Are protected under section 9 (part s 1 and 5 ) of the Wildlife and Countryside Act 1981 (as amended) which make it an offence to:

 intentionally kill or injure, and  sell, offer fo r sale, possess or transport for the purpose of sale (live or dead animal, part or derivative).  Other species of rept ile in the UK (sand lizard and s mooth snake) are afforded a higher level of protectio n, but have a restriction distribution and are not relevant t o this study.

Grass snake, slow-worm and adder are all UK BAP priority species.

Legislation relating to invasive non-native plants Certain species including non-native Cotonea sters ( Cotoneaster sp, includin g C.horizontalis) are listed under Schedule 9 of the Wildlife and Countryside Act, 1981 (as amended), which makes it an offence to ‘…plant or otherwise cause (these species) to grow in the wild’. This in cludes spreading or transferring contaminated soil from one area to another.

SERLBY Extended P1HS Report ISSUE.doc