VINTERS PARK NATURE RESERVE SILT LAGOON Preliminary Ecological Appraisal

Kent County Council KENT MEDICAL CAMPUS TO M20 J7 IMPROVEMENTS: VINTERS PARK NATURE RESERVE SILT LAGOON Preliminary Ecological Appraisal

MAY 2021 PUBLIC

Kent County Council

KENT MEDICAL CAMPUS TO M20 J7 IMPROVEMENTS: VINTERS PARK NATURE RESERVE SILT LAGOON Preliminary Ecological Appraisal

TYPE OF DOCUMENT (VERSION) PUBLIC

PROJECT NO. 70040984

DATE: MAY 2021

PUBLIC

Kent County Council

KENT MEDICAL CAMPUS TO M20 J7 IMPROVEMENTS: VINTERS PARK NATURE RESERVE SILT LAGOON Preliminary Ecological Appraisal

WSP 4th Floor 6 Devonshire Square London EC2M 4YE Phone: +44 20 7337 1700 Fax: +44 20 7337 1701 WSP.com

PUBLIC QUALITY CONTROL

Issue/revision First issue Revision 1 Revision 2 Revision 3

Remarks

Date May 2021

Prepared by Joel Rowlands

Digitally signed by Joyce, Paul (UKPXJ022) DN: cn=Joyce, Paul (UKPXJ022), ou=Active, [email protected] Signature Reason: pp signing for the author, Joel Rowlands Date: 2021.05.27 14:23:31 +01'00'

Checked by Paul Joyce

Digitally signed by Joyce, Paul (UKPXJ022) DN: cn=Joyce, Paul (UKPXJ022), ou=Active, [email protected] Signature Reason: I have reviewed this document Date: 2021.05.27 14:23:01 +01'00'

Authorised by Adrian Hutchings

Digitally signed by Kirby, Dave (UKDRK600) DN: cn=Kirby, Dave (UKDRK600), ou=Active, [email protected] Reason: Signing on behalf of Signature Adrian Hutchings Date: 2021.05.28 08:07:16 +01'00'

Project number 70040984

Report number

File reference \\uk.wspgroup.com\central data\Projects\700409xx\70040984 - Kent Medical Campus to M20 J7\D Design & Analysis\Ecology\Attenuation Pond - Nature Reserve\PEA - 2021\Report

Vinters Park Nature Reserve Silt Lagoon PUBLIC | WSP Project No.: 70040984 May 2021 Kent County Council

CONTENTS

1 INTRODUCTION 2

1.1 PROJECT BACKGROUND 2 1.2 ECOLOGICAL BACKGROUND 2 1.3 SCOPE OF REPORT 2 1.4 RELEVANT LEGISLATION AND POLICY 3

2 METHODS 4

2.1 OVERVIEW 4 2.2 DESK STUDY 4

2.3 HABITAT SURVEY 5 2.4 PROTECTED SPECIES ASSESSMENT 6 2.5 NOTES AND LIMITATIONS 6

3 RESULTS 7

3.1 DESIGNATED SITES 7 3.2 HABITAT SURVEY 8 3.3 PROTECTED AND NOTABLE SPECIES ASSESSMENT 11

4 DISCUSSION AND RECOMMENDATIONS 15

4.1 STATUTORY DESIGNATED SITES 15 4.2 NON-STATUTORY DESIGNATED SITES 15

4.3 HABITATS 15 4.4 PROTECTED AND NOTABLE SPECIES 16 4.5 ECOLOGICAL ENHANCEMENT OPPORTUNITIES 24

5 CONCLUSIONS 25

6 REFERENCES 26

KENT MEDICAL CAMPUS TO M20 J7 IMPROVEMENTS: Vinters Park Nature Reserve Silt Lagoon PUBLIC | WSP Project No.: 70040984 May 2021 Kent County Council

7 FIGURES 28

TABLES

Table 1 – Statutory designated sites 7 Table 2 – Local Wildlife Sites and Roadside Nature Reserves 8 Table 3 – Phase 1 habitat areas 9 Table 4 – Key Ecological Constraints - Avoidance, Mitigation and Compensation Measures 21

FIGURES

Figure 1 – Site Location 28 Figure 2 – Statutory and Non-statutory designated sites 2km 28 Figure 3 – Habitats of Principal Importance and Ancient Woodland within 500m 28 Figure 4 – Phase 1 Habitat Survey 28

APPENDICES

LEGISLATION AND POLICY CONTEXT

DESK STUDY DATA

PLANT SPECIES RECORDED

PHOTOGRAPHS

TARGET NOTES

KENT MEDICAL CAMPUS TO M20 J7 IMPROVEMENTS: Vinters Park Nature Reserve Silt Lagoon PUBLIC | WSP Project No.: 70040984 May 2021 Kent County Council

EXECUTIVE SUMMARY

Kent County Council (KCC) intends to construct new attenuation and settling lagoons adjacent to Vinters Valley Nature Reserve (hereafter referred to as the ‘Proposed Development’), forming part of wider work associated with highway improvements between Kent Medical Campus and the M20 J7. The lagoons are required to buffer drainage flows coming from Bearsted Road to the north and prevent flooding within the nature reserve to the south. The footprint of the lagoons associated compounds, access, and laydown areas are here after referred to as the ‘Site’ WSP were commissioned by KCC to complete a Preliminary Ecological Appraisal for the Proposed Development, comprising a desk study to collate readily-available baseline information on designated sites, habitats and protected/notable species, as well as an extended Phase 1 habitat survey of the Site and its immediate surroundings to identify habitats and their suitability to support protected species. North Downs Woodlands Special Area of Conservation and Wouldham to Delting Escarpment Site of Specific Scientific Interest are approximately 2km from the Site; the Proposed Development is considered unlikely to cause significant effects to these sites. The Site falls partly within the Vinters Valley Nature Reserve. The Proposed Development will affect habitats of ecological importance including grasslands and a hedgerow. In order to maintain the nature conservation value of these habitats in line with planning policy, it is recommended that vegetation clearance and habitat removal is kept to the minimum required to facilitate construction work. Good practice construction methods are proposed to protect Habitat of Principle Importance near to the Site. Habitats within the Site are considered suitable for badger, bats, hazel dormice, birds, reptiles, great created newts and invertebrates. Due to the size and nature of the Proposed Development, with sufficient data already being available from previous ecological studies and conclusions made through the desk study exercise, no additional survey efforts in relation to the ecological features are recommended. Specific assessment and work to devise mitigation strategies for tree roosting bats and reptiles have been completed for the Site in 2020. Methods within these documents should be adhered to prior to and during the construction phase of the Proposed Development. In addition, the drafting of additional Precautionary Method of Works document has been recommended to ensure legislative and policy compliance in relation to the potential effects upon ecological features. A biodiversity net gain assessment has been recommended and specific ecological enhancement appropriate to the Proposed Development would need to be put in place through the post- construction landscape design to achieve this.

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1 INTRODUCTION

1.1 PROJECT BACKGROUND 1.1.1. WSP UK Ltd. was commissioned by Kent County Council (KCC) to undertake a Preliminary Ecological Appraisal (PEA) for the construction of new attenuation and settling lagoons adjacent to Vinters Valley Nature Reserve (hereafter referred to as the ‘Proposed Development’). These works are associated with wider development proposals for highway improvements between Kent Medical Campus and the M20 J7 (the KMC scheme). The lagoons are required to buffer drainage flows coming from Bearsted Road to the north and prevent flooding within the nature reserve to the south. 1.2 ECOLOGICAL BACKGROUND 1.2.1. The footprint of the lagoons and associated compounds, access and laydown areas (hereafter the ‘Site’) covers approximately 0.37ha. The Site is located in a semi-rural location on the outskirts of Maidstone. The grounds of Vinters Park Crematorium are present in the immediate surroundings of the Site and woodland, public amenity green spaces and residential housing found further afield, industrial units and retail parks are also present. The Site is bounded by Bearsted Road and New Cut Road with the M20 present within the wider landscape. This PEA assesses habitats immediately surrounding the Site, this area is hereafter referred to as the ‘Survey Area’. The Site and Survey Area locations are shown in Figure 1. 1.2.2. Previous survey, assessment and reporting has been completed for the Proposed Development including the following;  A Preliminary Roost Assessment for bats, completed in February 2020 (WSP, 2020a).  A Reptile Mitigation and Precautionary Method Statement drafted in May 2020 (WSP, 2020a). In addition, survey, assessment, and reporting have been completed for the KMC scheme and this includes the following;  A Preliminary Ecological Appraisal, completed in March 2018 (WSP, 2018a).  An Ecological Mitigation Plan, completed in October 2018 (WSP, 2018b). 1.2.3. This previous work identified ecological constraints in relation to the Proposed Development. The current report provides an update to the previously reported data. Where appropriate, data from previous reports has been incorporated within this PEA. 1.3 SCOPE OF REPORT 1.3.1. KCC commissioned WSP to complete a Preliminary Ecological Appraisal (PEA) of the Site in May 2021. The brief was:  to provide baseline ecological information about the Site and a surrounding study areas with particular reference to whether legally protected and/or notable sites, species or habitats are present or likely to be present;  to provide recommendations to enable compliance with relevant nature conservation legislation and planning policy; and  if necessary, to identify the need for avoidance, mitigation, compensation or enhancement measures and/or further ecological surveys.

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1.4 RELEVANT LEGISLATION AND POLICY 1.4.1. The appraisal has been compiled with reference to the following relevant nature conservation legislation, planning policy and the UK Biodiversity Framework from which the protection of sites, habitats and species is derived in England. The context and applicability of each item is explained as appropriate in the relevant sections of the report and additional details are presented in Appendix A. Legislation  The Conservation of Habitats and Species Regulations 2017 (as amended) (Habitats Regulations).  The Wildlife and Countryside Act 1981 (as amended) (WCA).  Countryside Rights of Way Act 2000.  The Natural Environment and Rural Communities (NERC) Act 2006 (England). Policy  The UK Post-2010 Biodiversity Framework (2011-2020) (JNCC and DEFRA, 2012).  Biodiversity 2020: A strategy for England’s wildlife and ecosystem services (DEFRA, 2011).  UK Biodiversity Action Plan (UKBAP)1.  The National Planning Policy Framework (NPPF) 2019 (Ministry of Housing Communities & Local Government, February 2019).

1 The UK BAP has now been replaced by the UK Post-2010 Biodiversity Framework, however, it contains useful information on how to characterise important species assemblages and habitats which is still relevant.

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2 METHODS

2.1 OVERVIEW 2.1.1. This appraisal has been prepared with reference to current good practice guidance published by the Chartered Institute for Ecology and Environmental Management (CIEEM, 2017a, 2017b and 2018), and Joint Nature Conservation Committee (JNCC, 2010); and guidance contained in the British Standard - Code of Practice for Biodiversity and Development BS42020:2013 (British Standards Institute (2013). 2.1.2. This PEA is based on the following data sources:  an ecological desk study;  previous reported protected a notable species data (WSP 2018a, 2018b);  data provided by Steve Stronghurst (warden of Vinters Valley Park) and Helen Lucking (ecologist at Corylus Ecology);  a habitat survey; and  a protected/notable species assessment. 2.2 DESK STUDY 2.2.1. The desk study was undertaken in May 2021 to review existing ecological baseline information available in the public domain and to obtain information held by relevant third parties. For the purpose of the desk study exercise, records were collated within various radii around the Survey Area comprising the Site and its immediate surroundings; both the Survey Area and Site are shown in Figure 1. This approach is consistent with current good practice guidance published by the CIEEM, 2017a and 2017b. To provide the baseline data for the ecological desk study, the following information was requested from Kent & Medway Biological Records Centre (KMBRC);  Records of legally protected and notable2 species within 2km of the Survey Area.  records of internationally designated sites within 2km of the Survey Area.  records of nationally designated sites within 2km of the Survey Area.  records of non-statutory sites designated for nature conservation, Local Wildlife Sites (LWS) within 2km of the Survey Area. 2.2.2. Freely downloadable datasets (available from Natural England) were consulted for information regarding the presence of statutory designated habitats3 within Study Area. The search included International sites (Special Areas of Conservation (SAC) and Special Protection Areas (SPA)) of European importance and internationally designated Ramsar sites.

2 Including Species of Principle Importance (SPI) for the conservation of biodiversity in England in accordance with Section 41 of the NERC 2006. Public bodies have an obligation under Section 40 to have regard for these species when carrying out their functions. 3 Sites of Special Scientific Interest (SSSI), National Nature Reserves (NNR) and Local Nature Reserves (LNR).

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2.2.3. Freely downloadable datasets (available from Natural England) were consulted for information regarding Habitats of Principal Importance (HPI)4,5 within 500m of the Survey Area, woodland listed on the Ancient Woodland Inventory6 within 500m of the Survey Area and for granted European Protected Species Licences (EPSLs) within 2km of the Survey Area (EPSLs recorded are detailed in Appendix B). 2.2.4. In addition, open source 1:25,000 Ordnance Survey mapping was used to identify any mapped water bodies and watercourses within the Survey Area and its surroundings. 2.3 HABITAT SURVEY 2.3.1. A Phase 1 habitat survey of the Survey Area was carried out on the 17 May 2021. Weather conditions were bright with some cloud cover present (20%) and gentle breeze (Beaufort scale F2); the survey was preceded by torrential rain. Consideration was given to surrounding habitats using aerial photographic imagery. 2.3.2. Habitats were described and mapped following the standard Phase 1 habitat survey methodology (JNCC, 2010). Phase 1 habitat survey is a standard technique for classifying and mapping British habitats. The dominant plant species are recorded and habitats are classified according to their vegetation types. Where appropriate consideration was given to whether habitats qualify, or could qualify, as a Habitat of Principal Importance following habitat descriptions published by the Joint Nature Conservation Committee (JNCC, 2008). 2.3.3. A list of plant species was compiled (Appendix C), with relative plant species abundance within areas surveyed estimated using the DAFOR scale7. The scientific names for plant species follow those in the New Flora of the British Isles (Stace, 2019) and are also listed in Appendix C. Habitats were marked on a paper base map and were subsequently digitised using a Geographical Information System (GIS). 2.3.4. Target notes were made to provide information on specific features of ecological interest (e.g. reptile signings) or habitat features too small to be mapped. These are included in Appendix D. 2.3.5. Invasive plant species listed on Schedule 9 of the Wildlife and Countryside Act (WCA) 1981 (as amended) which were evident during the field survey were also target noted. Detailed mapping of

4 Mapped locations of HPI are usually not available, but HPI aligns in the most part with UKBAP habitats. Inventories of UKBAP habitat have been prepared by a variety of organisations and at a national (Natural England priority habitat inventory) and local scale (e.g. by local records centres). In some instances, these are primarily based on aerial photograph analysis rather than field survey. 5 HPIs are primarily listed under Section 41 of the NERC Act 2006 as material considerations in the planning process. 6 The ancient woodland inventory in England lists areas over two hectares in size which have been continuously wooded since at least 1600. 7 The DAFOR scale has been used to estimate the frequency and cover of the different plant species as follows: Dominant (D) - >75% cover, Abundant (A) – 51-75% cover, Frequent (F) – 26-50% cover, Occasional (O) – 11-25% cover, Rare (R) – 1-10% cover., The term ‘Locally’ (L) is also used where the frequency and distribution of a species are patchy and ‘Edge’ (E) is also used where a species only occurs on the edge of a habitat type.

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such species; or a full survey of the Site for all invasive plant species is beyond the scope of this commission. 2.3.6. Data collected as part of this survey is suitable for use in retrospective biodiversity unit calculations, if required. 2.4 PROTECTED SPECIES ASSESSMENT 2.4.1. The potential for the Survey Area (and consequently the Site) to support legally protected and notable species was assessed using the desk study results and combined with field observations during the habitat survey. The assessment of habitat suitability for protected and notable species was based on professional experience and judgement. This was supplemented by standard sources of guidance on habitat suitability assessment for key faunal groups including: birds (Gilbert et al, 1998 and Bibby et al, 2000), great crested newt Triturus cristatus (Gent and Gibson, 2003 and English Nature, 2001); reptiles (Froglife, 1999 and Gent and Gibson, 2003); bats (Collins, 2016 and Mitchell-Jones, 2004); badger (Harris et al, 1991 and Roper, 2010); hazel dormouse Muscardinus avellanarius (English Nature, 2006); otter Lutra lutra (Chanin, 2003); water vole Arvicola terrestris (Dean et al, 2016) and invertebrates (Drake et al, 2007 and Kirby, P, 2001). 2.5 NOTES AND LIMITATIONS 2.5.1. Every effort has been made to provide a comprehensive description of the Survey Area. However, the following specific limitations apply to this assessment:  Ecological survey data is typically valid for two years unless otherwise specified, for example if conditions are likely to change more quickly due to ecological processes or anticipated changes in management.  Records held by local biological record centres and local recording groups are generally collected on a voluntary basis; therefore, the absence of records does not demonstrate the absence of species, it may simply indicate a gap in recording coverage.  The Phase 1 Habitat survey was carried out over the period of a single day, as such only a selection of all species that occur within the Survey Area will have been recorded. However, through use of desk study information to supplement survey data, it is considered that an accurate assessment of the potential for the Site to support protected species or those of conservation concern was possible.  The extended Phase 1 habitat map (Figure 4) has been reproduced from field notes and plans. Whilst this provides a sufficient level of detail to fulfil the requirements of a PEA, the maps are not intended to provide exact locations of key habitats.  A full survey of the Site for all invasive plant species is beyond the scope of this commission.

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3 RESULTS

3.1 DESIGNATED SITES STATUTORY DESIGNATED SITES 3.1.1. The desk study identified one Special Area of Conservation (SAC), one Site of Special Scientific Interest (SSSI), and two Local Nature Reserves (LNR). Descriptions are detailed in Table 1 below while the locations/extents of each are shown in Figure 2.

Table 1 – Statutory designated sites

Site Name Size (ha) Distance (m) Description

North Downs Woodlands 288.58 ~ 2km Semi-natural dry grasslands and scrubland SAC facies: on calcareous substrates (Festuco- Brometalia) for which the area is considered to support a significant presence. Asperulo- Fagetum beech forests for which this is considered to be one of the best areas in the United Kingdom. Taxus baccata woods of the British Isles for which this is considered to be one of the best areas in the United Kingdom.

Wouldham to Delting 296.3 ~ 2km This 10 km stretch of the chalk escarpment to Escarpment SSSI the north of Maidstone includes representative examples of woodland, scrub and unimproved grassland habitats on chalk, which support a number of rare (box Buxus sempervirens) and scarce (lady orchid Orchis purpurea and stinking hellebore Helleborus foetidus) species of plants and invertebrates. The Culand Pits are also of importance because of numerous fossils including fish and reptiles.

River Len LNR 1.69 ~ 1.25km The River Len Nature Reserve is designated for rare species including water vole and soldier beetle.

Vinters Valley Park LNR 30.19 Within the Site The reserve comprises a variety of habitats including ancient woodland, grassland, scrub, lake, stream and marshland and being former parkland there is a mixture of both native and exotic flora with some magnificent. The site supports a variety of bird life including ducks, geese, kingfishers and songbirds. 3.1.2. The Survey Area is not within any SSSI Impact Risk Zones that are relevant to the Proposed Development. NON-STATUTORY DESIGNATED SITES 3.1.3. The desk study identified four Local Wildlife Sites (LWS) and one Roadside Nature Reserves (RNR). They are described in Table 2 below and mapped in Figure 3.

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Table 2 – Local Wildlife Sites and Roadside Nature Reserves

Site Name Description

MA31 Cuckoo Wood 17 hectares ~ 1.8km northwest of the proposed scheme. Mostly broadleaved ancient woodland.

MA61 Mote Park and 152 hectares ~ 1.45km south of the proposed scheme. The park includes areas River Len of grassland, woodland, rivers and a lake as well as mature trees.

MA30 Horish Wood etc 37 hectares ~ 500m northeast of the proposed scheme. Mostly broadleaved ancient woodland.

MA29 Honeyhills Wood, 40 hectares ~ 1.1km northeast of the proposed scheme. Designated as ancient Clayswood & meadows semi-natural woodland.

RNR MA13 ~ 1.8km northwest of the proposed scheme. Acts as a wildlife corridor between other wildlife areas. HABITATS OF PRINCIPAL IMPORTANCE 3.1.4. Surrounding the Survey Area, 6.2ha of ancient woodland is recorded within 500m, with the closest and largest area being Lower Fullingpits Wood which is approximately 50m west of the Site. HPI comprising 16.26ha of Deciduous woodland is recorded within 500m of the Site, with 0.44ha of this habitat found to be present within the Survey Area. However, no woodland was located within the Site. 3.2 HABITAT SURVEY OVERVIEW 3.2.1. The Survey Area lies to the south of the Bearsted Road and to the east of New Cut Road. It comprised a car park, grasslands and woodland. A hedgerow crossed the centre of the Survey Area. Sections of the woodland grew upon an earth embankment, at the base of which a river flowed east to west across the Survey Area, and this watercourse constituted the boundary of Vintners Park Nature Reserve, present to the southeast. 3.2.2. Habitats within the Site comprised mown amenity grassland, patches of tall ruderal vegetation, semi- improved grassland, the hedgerow and scrub. 3.2.3. The following account summarises the findings of the Phase 1 habitat survey. Ten Phase 1 habitat types were identified in the Site. They are mapped on Figure 4 and are listed in Table 4 along with areas in hectares (or length for linear features). A description of the dominant and notable species, the composition and management of each habitat is provided below and an indicative species list is provided in Appendix C. Target notes are provided in Appendix D and photographs in Appendix E. Alpha-numeric codes used in this section cross-refer to the JNCC Phase 1 habitat survey classification (JNCC, 2010). The order of the habitat descriptions below reflects their ordering in the Phase 1 habitat survey manual and does not reflect habitat importance.

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Table 3 – Phase 1 habitat areas

Phase 1 Habitat Area (Ha): Site/Survey Length (m): Area Site/Survey Area

Mixed Woodland – Semi-Natural – A1.3.1 0.00/ 0.52 -

Scrub – A2 0.00 / 0.01 -

Mixed Parkland/Scattered Trees – A3.3 NA NA

Semi-improved Grassland – B2.2 0.11 / 0.33 -

Tall Ruderal – C3.1 0.10 / 0.07 -

Standing Water – G1 0.00 / 0.01 -

Running Water – G2 0.00 / 0.01 -

Amenity Grassland – J1.2 0.08 / 0.31 -

Species Poor Intact Hedgerow – J2.1.2 - 41.75 / 24.88

Hardstanding 0.08 / 0.11 -

TOTAL 0.37 / 1.36 41.75 / 24.88

MIXED WOODLAND – SEMI-NATURAL – A1.3.1 3.2.4. A section of woodland occupied the east and southern extent of the Survey Area (Photograph 1 and 2). The southern-most part of this habitat grows upon an earth embankment, the base of which was bounded by a watercourse (W1) which ran east to west through the Survey Area. The woodland was of a diverse age structure. A cluster of semi-mature to mature yew trees was present toward the northern extent, with some ornamental redwood specimens were present. Beech Fagus sylvatica, Oak Quercus sp., Norway maple Acer platanoides, willow Salix sp and scots pine Pinus sylvestris were present within the species mix; these trees were mature in age. Dead wood was recorded, and saplings were present. The shrub layer vegetation included elder Sambucus nigra , hazel Corylus avellana and bramble Rubus fruticosus agg. and the understory comprised frequently occurring dog's mercury Mercurialis perennis, ivy Hedera helix and common nettle Urtica dioica (which were locally dominant), occasionally lords and ladies Arum maculatum and common bluebell Hyacinthoides non-scripta were rare. Bare ground and leaf litter was present. SCRUB – A2 3.2.5. Small areas of dense scrub were bordering the northern boundary of the Survey Area, bramble was dominant with scatted occurrences of hawthorn Crataegus monogyna and tree samplings. The

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scrub was dense with a clear distinction between the habitat areas and the bordering grassland as a result of mowing. Scattered scrub was also present within the grassland to the south. MIXED PARKLAND/SCATTERED TREES – A3.3 3.2.6. Scatted trees were present within the grassland near the crematorium (Photograph 3). Trees were mature to immature in ages and represented a variety of species including, oak, Cherry Prunus sp, holm oak Quercus ilex, beech, and Scots pine. Upon initial inspection trees appear to be in a good state of health with no evidence of rot or other damage. SEMI-IMPROVED GRASSLAND – B2.2 3.2.7. This habitat was present within the areas around the crematorium and was a result of differing mowing regimes within the grassland surrounding the car park. This has led to a mosaic of semi- improved and amenity grassland (Photograph 4). The sward height of this grassland was approximately 30cm. Species included frequent meadow grass species Poa sp., perennial ryegrass Lolium perenne and red fescue Festuca rubra, with occasional sweet vernal grass Anthoxanthum odoratum. Common mouse-ear Cerastium fontanum and germander speedwell Veronica chamaedrys occurred frequently with occasional occurrence of mouse ear hawkweed Hieracium pilosella, field forget-me-not Myosotis arvensis, meadow woodrush field wood-rush Luzula campestris, and creeping thistle Cirsium arvense. There were rare occurrences of common stork's- bill Erodium cicutarium agg., rough hawkbit Leontodon hispidus and bulbus buttercup Ranunculus bulbosus. The elevated embankment appeared more recently planted, and differed in species composition with red fescue or perennial rye grass dominating. For a full species list see Appendix C. 3.2.8. This habitat was also present adjacent to the nature reserve (Photograph 5), the sward height was approximately 30cm and graded into tall ruderal vegetation dominated by nettle. Tussocks had formed within this grassland. The species composition includes frequent Cock's-foot Dactylus glomerata and Yorkshire fog Holcus lanatus with occasional sweet vernal grass, fescue species were also present. Sedge species occurred frequently. Germander speedwell, ground ivy, bulbous buttercup and yarrow Achillea millefolium occurred occasionally. For a full species list see Appendix C. TALL RUDERAL – C3.1 3.2.9. This habitat was located adjacent to the nature reserve and was bounded by the watercourse running through the Survey Area (Photograph 5). The sward was approximately 0.5m high and there was abundant common nettle cover with occasional white dead-nettle Lamium album. Red campion Silene dioica, lesser burdock Arctium minus and teasel Dipsacus fullonum were rare. This area of vegetation appeared to have been cleared in the previous season with discarded vegetation debris recorded. STANDING WATER – G1 3.2.10. Located within the grassland/tall ruderal habitats to the south of the Survey Area (Photograph 7). The pond was approximately 5m x 3m with emergent vegetation present, greater reedmace Typha latifolia and water horsetail Equisetum fluviatile occurred frequently. Turbid water was present with green algae recorded. Riparian vegetation was recorded at the pond margins including lesser celandine Ficaria verna.

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RUNNING WATER – G2 3.2.11. A watercourse bisected the Survey Area (W1 (Photograph 8), it was located at the base of the wooded embankment and adjacent to the grassland/tall ruderal habitat areas. The watercourse was shaded by woodland at the eastern extent. As the watercourse stretches to the west, woodland lines the southern bank, with tall ruderal and grassland vegetation along the northern bank. The watercourse was approximately 1.5m wide with a water depth of approximate 0.25m. The riverbed included silt in the east which was replaced by rocks as the river stretched west. The banks were 0.5m in height, steep to vertical. Under the wooded areas the embankment comprised of bare ground with tall ruderal vegetation present, as the river extends to the west the banks become lined with stonework covered in moss. At the time of survey, the watercourse had a rapid flow. AMENITY GRASSLAND – J1.2 3.2.12. Sections of the grassland surrounding the car park were under differing mowing regimes resulting in different grassland sward structures. Amenity grassland was present on areas of less elevation as a result of a short mowing height, approximately 5cm, which had removed flower heads. SPECIES POOR INTACT HEDGEROW – J2.1.2 3.2.13. A hedgerow was located centrally within the Survey Area (Photograph 9). It appeared to be recently planted with tree guards still present on individual trees. The hedgerow measured 2m in height and was approximately 1m wide. A gap was present within the centre of the hedgerow where an access gate was located. Species composition includes abundant hawthorn with occasionally field maple Acer campestre, blackthorn Prunus spinosa and guelder rose Viburnum opulus. The understory vegetation was a similar composition to the adjacent grassland and tall ruderal habitats. 3.3 PROTECTED AND NOTABLE SPECIES ASSESSMENT 3.3.1. The potential for the Survey Area to support legally protected species and notable species has been assessed using the results of the desk study and observations made during the survey of habitats within and immediately surrounding the Survey Area. Desk study records have only been considered below if they are recent (from the last 10 years) and/or if they relate to species that may be supported by habitats within the Survey Area. Habitats present are suitable for the following species; further consideration is given below to the likelihood for these species to be present within the Survey Area:  Badger;  Bats;  Hazel dormouse;  Otter and water vole;  Birds;  Reptiles;  Great created newts;  Invertebrates;  Other notable species; and  Invasive Non-Native’s Species (INNS). 3.3.2. The Survey Area does not provide suitable habitat for other protected or notable species and other species, beyond those listed above, will not be considered further in this PEA.

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BADGER 3.3.3. Badgers were recorded within 2km of the Survey Area by KMBRC and within Vinters Valley Nature Reserve. A sett known to support breeding badgers is present within the nature reserve. No confirmed evidence of badgers was recorded within the Survey Area, but evidence of mammal activity was recorded including mammal tracks, droppings and digging, presumed to be associated with general mammal foraging activity. BATS 3.3.4. KMBRC hold records of bats (common pipistrelles Pipistrellus pipistrellus, Nathusius’ pipistrelle Pipistrellus nathusii, soprano pipistrelle Pipistrellus pipistrellus, Daubenton’s bat Myotis daubentoniid, Natterer’s bat Myotis nattereri, Whiskered Bat Myotis mystacinus, noctule Nyctalus noctula, Leisler’s Bat Nyctalus leisleri and brown long-eared Plecotus auritus and serotine Eptesicus serotinus) within 2km of the Survey Area. According to the warden of Vinters Valley Nature Reserve, a pipistrelle roost was recorded present within the main chimney of the crematorium building, but this is outside of the zone of influence of the Proposed Development. A potential noctule roost was identified by Helen Lucking, ecologist at Corylus Ecology (Corylus Ecology, 2015), in one of the trees east of Bearsted roundabout and just north of Bearsted Road, south-east of the Survey Area, but again outside of the zone of influence of the Proposed Development. 3.3.5. Trees within the Site with suitability for roosting bats were identified, this included mature trees within the grounds of the crematorium and within the woodland. In addition, foraging habitat was present, including the woodlands, grassland and pond with the Vintners Valley Nature Reserve. HAZEL DORMOUSE 3.3.6. Records of hazel dormouse Muscardinus avellanarius exist within 2km, north and north-east of the Survey Area. A dormouse survey was undertaken between 2000 and 2005 in Vinters Valley Nature Reserve but no dormice were found. Two possible sightings of dormice were reported to the warden at a later date and in 2017 the warden set up 10 survey tubes close to the areas where the possible sightings occurred. No evidence of dormouse was found and it is possible that these sightings were of another species of mouse, such as wood mouse Apodemus sylvaticus or yellow-necked mouse Apodemus flavicollis. 3.3.7. Suitable foraging and nest creation habitat were identified within the Survey Area, including the hedgerow and woodland. The floristic species composition of these habitats included species which provided a reliable food source for these animals. However, with reference to the information provided by Steven Songhurst (pers. comm) it is considered unlikely that this species is present. OTTER AND WATER VOLE 3.3.8. No recent records of otter and water vole were returned by KMBRC. A single watercourse runs through the Survey Area, but its structure does not provide suitable habitat required for otters Lutra lutra. Banks were not suitable for water vole Arvicola amphibious borrow creation, with unsuitable vegetation cover and with stretches of the watercourse lined with stonework. No evidence of the occurrence of otters or water voles was found during the field survey. It is unlikely that these species are present within the Survey Area and they are not considered further.

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BIRDS 3.3.9. Numerous records of birds exist within 2km of the Site. Habitats present within the Survey Area and wider landscape are suitable to support common breeding birds. There were no habitats or features (such as nesting cavities within trees or riverbanks) within the Survey Area suitable for supporting breeding birds listed on Schedule 1 Part 1 of the Wildlife and Countryside Act 1981, such as barn owl Tyto alba and kingfisher Alcedo atthis; as such Schedule 1 species are not considered a constraint to development. REPTILES 3.3.10. Records of reptiles exist within 2km of the Survey Area. Slow-worm, common lizard, adder and grass snake were recorded close to Newnham Court Way roundabout, in Horish Wood, in Vinters Valley Nature Reserve and the Crematorium grounds. Semi-improved grassland, semi-natural woodland and hedgerows within the Survey Area as well as habitats directly adjacent to it, notably those within Vinters Valley Nature Reserve are suitable habitats for reptiles. During the field survey reptiles were confirmed present within the Site and in habitats adjacent. Common lizards were recorded within the Site (TN3) and grass snake, common lizard and slow worms were recorded within Vinters Valley Nature Reserve adjacent to the Survey Area. GREAT CRESTED NEWT 3.3.11. Records of great crested newt Triturus cristatus (GCN) exist within the 2km of the Survey Area, specifically within Horish Wood and Heath Wood to the east. GCN surveys were undertaken in 2015 by Corylus Ecology to the north of the Survey Area (Newnham Court Way area and Horish Wood) in association with a new development at that location (Corylus Ecology, 2015). One pond indicated the presence of GCN and mitigation was undertaken at this location under licence in 2017. After 30 days of trapping no GCN were found. 3.3.12. Habitat with suitability for GCN are present within the Survey Area, notably a pond within Vintners Valley Nature Reserve. Terrestrial habitat is suitable for GCN including grassland and scrub, which can provide suitable cover for the terrestrial phase of GCN; in addition, vegetation debris could provide hibernacula for GCN. The watercourse that flows through the Survey Area contains flowing water and is not suitable for GCN as a breeding site. Connectivity between the Survey Area and locations of GCN records is severed by a major road and it is considered unlikely that GCN are present within the Survey Area. INVERTEBRATES 3.3.13. Records of invertebrates were returned from the KMBRC data set. Species were returned which are listed as SPI for nature conservation under Section 41 of the NERC Act 2006. Habitat within the Survey Area was suitable for invertebrate species, notably the pond location within Vinters Valley Nature Reserve. OTHER NOTABLE SPECIES 3.3.14. Habitats within and surrounding the Survey Area were suitable to support SPIs including hedgehog Erinaceus europaeus, brown hare Lepus europaeus, harvest mouse Micromys minutus and common toad Bufo bufo as shown by records of these species being returned by KMBRC.

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INVASIVE NON-NATIVE SPECEIS OF PLANT AND ANAMALS 3.3.15. Records of Invasive Non-Native Species (INNS) of plants and animals were returned from within 2km of the Survey Area. None of these records were returned from the Survey Area and no evidence of these species were recorded during the field survey.

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4 DISCUSSION AND RECOMMENDATIONS

4.1 STATUTORY DESIGNATED SITES 4.1.1. One statutory designated site of international importance was identified within 2km of the Survey Area, North Downs Woodlands SAC. The Habitats Regulations provide strict protection to sites of European and/or international importance. This includes requiring projects or plans to be screened for likely significant effects upon SPA, SAC and candidate SACs (cSACs). Guidance also requires potential SPAs (pSPAs) and Ramsar sites be subject to the same assessment. The lack of potential effects pathways between the qualifying features of these sites and the Proposed Development(taking into account the distance and the nature and size of the Proposed Development) it is not considered that any additional assessment is required. 4.1.2. SSSIs are subject to strict protection under the Wildlife and Countryside Act 1981 (as amended). This requires landowners to maintain these sites in favourable condition and works within these sites are managed by the appropriate national statutory body via the consenting process. Certain operations within SSSIs require consent; these are specific to each SSSI. One SSSI (a statutory designated site of national importance) was identified within 2km of the Survey Area, Wouldham to Delting Escarpment SSSI. This site outside of the footprint of the Proposed Development and some distance away, and thus there will be no direct effects on it. The distance of the SSSI from the Proposed Development, and the presence of intervening barriers such as transport routes and residential/commercial areas mean there are no effects pathways between them and construction works. Thus, there will be no indirect effects to this designated site. 4.1.3. River Len LNR is over 1.5km from the Survey Area and outside the footprint of the Proposed Development, thereby avoiding direct effects. Intervening barriers (roads, residential and commercial development, land topography), as well as the nature and size of the Proposed Development will avoid indirect effects. 4.1.4. The Site is located directly adjacent to the Vinters Valley Nature Reserve. The Proposed Development has the potential to directly and indirectly affect this site if best practice construction management practices are not followed (as outlined in Table 4). It should be noted that the flood attenuation that the silt lagoon will provide would benefit the nature reserve in the long term through its operation. Consultation with the management team of the nature reserve is recommended to ensure that the potential for the Proposed Development to enhance the biodiversity value of the reserve is achieved. 4.2 NON-STATUTORY DESIGNATED SITES 4.2.1. Five non-statutory sites were identified within 2km of the Survey Area; all were outside of the footprint of the Site and with roads, residential and commercial development and landscape topography forming effective barriers to effects, and thus no direct or indirect effects on these sites is anticipated. 4.3 HABITATS 4.3.1. Ponds and hedgerows within the Survey Area were identified as HPI in accordance with Section 41 of the NERC Act 2006. In addition, the desk study identified the woodland areas within the Survey Area as deciduous woodland HPI; however, field survey classified this woodland as mixed woodland

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as at least 10% of the trees present were coniferous. This woodland type, though ecologically important, is not currently listed as a HPI and therefore, woodland within the Survey Area is consequently also not HPI. 4.3.2. Further, HPI and ancient woodland were recorded within 500m of the Survey Area but outside the Site. 4.3.3. Under Section 40 of the NERC Act 2006, every public body (including planning authorities) must, ‘in exercising its functions, have regard so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity’. 4.3.4. Under the current proposals it is understood that trees will be felled on the edge of the woodland, and a section of hedgerow removed to facilitate the construction of the Proposed Development. Additional to vegetation clearance and habitat clearance, construction activities may result in dust and air pollution, detrimentally affecting the quality of retained areas of woodland and parcels of HPI in the vicinity of the Proposed Development. To ensure compliance with national planning policy, recommendations to minimise the extent of vegetation clearance and habitat destruction and for compensatory planting and habitat creation are included in Section 5. 4.3.5. Negative effects are not envisaged for HPI outside the Site due to the size and nature of the Proposed Development. 4.3.6. Other habitats present within the Survey Area are common and widespread, but may provide habitat suitable for protected and notable species. However, they are not formally protected and do not pose a constraint to the Proposed Development. 4.4 PROTECTED AND NOTABLE SPECIES 4.4.1. The results of the desk study, Phase 1 Habitat Survey and protected species assessment highlighted the potential presence of protected species and/or species of conservation concern within the Survey Area. In addition, habitats identified provide possible habitat for a range of fauna, as well as ecological connectivity across the Survey Area and to the wider landscape. 4.4.2. The legal protection afforded to these species is outlined below and, where appropriate, recommendations to minimize the risk associated with specific ecological receptors are outlined in Table 4. BADGER 4.4.3. The Protection of Badgers Act 1992 makes it illegal to wilfully kill, injure, take any badger, or attempt to do so. It also makes it an offence to intentionally or recklessly damage, destroy, or obstruct access to any part of a badger sett. Activities that would otherwise constitute an offence under this legislation may be licensed by Natural England for certain purposes. 4.4.4. Suitable habitat for sett creation and foraging was present within the Survey Area but no evidence of badger was recorded at the time of survey. However, this species is highly mobile and can take up residence in a short space of time. Local records of badger returned by KMBRC show that this species is found within the vicinity of the Survey Area. 4.4.5. Vegetation clearance and clearance of habitats to facilitate the Proposed Development could result in the loss of setts and their disturbance, accidental killing, or injury of this species becomes present. However, currently badgers are absent from the Site and the Site itself covers an open area unlikely

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to be used by badgers for sett building, which would likely occur in bordering woodland and scrub. To control potential risks to badgers it is recommended that clearance work should be undertaken using a Precautionary Method of Works (PMoW) statement such that appropriate action can be taken in the unlikely event that this species is encountered during works. BATS 4.4.6. All species of bats recorded within the UK are protected from killing, injury, and disturbance8 and their roosts protected from damage or destruction under the Habitats Regulations. Protection is also afforded under the WCA with respect to disturbance of individuals occupying places of rest or shelter and obstruction of access to these. Activities that would otherwise constitute an offence under this legislation may be licensed by Natural England for certain purposes. 4.4.7. Certain species of bats, including the noctule bat, brown long-eared bat, and soprano pipistrelle bat are also listed as SPI in accordance with Section 41 of the NERC 2006. Public bodies have an obligation, under Section 40, to have regard for these species when carrying out their functions. 4.4.8. The Proposed Development has the potential to negatively affect, damage, or destroy bat roosts due to the potential felling of trees to facilitate the Proposed Development. Bat roost assessments have been completed on trees within the Site as part of previous work associated with the Kent Medical Campus to M20 J7 scheme (WSP 2020a), and detailed plans were drafted as part of this work identifying trees at the Site which require felling. Trees identified for felling have not changed in condition since this work was undertaken and if recommendations are adhered to direct negative effects upon roosting bats are not anticipated. HAZEL DORMICE 4.4.9. Hazel dormice are protected from killing, injury and disturbance8 and their places of rest or shelter (occupied habitat) protected from damage or destruction under the Habitats Regulations. Protection is also afforded under the WCA with respect to disturbance of individuals occupying places of rest or shelter and obstruction of access to these. Activities that would otherwise constitute an offence under this legislation may be licensed by Natural England for certain purposes. 4.4.10. Hazel dormice are also listed as SPI in accordance with Section 41 of the NERC Act 2006. Public bodies have an obligation under Section 40 to have regard for these species when carrying out their functions. 4.4.11. With reference to the information provided by Steven Songhurst (pers. comm) it is considered unlikely that this species is present within the Site. However, the Site supports suitable habitat for hazel dormice and therefore there is still potential for their presence. Vegetation clearance and destruction of habitats to facilitate the Proposed Development may therefore result in the damage or destruction of nests, and the killing or injury of hazel dormice, if present. It is recommended that site

8 Disturbance is defined within the Habitats Regulations as “that which is likely to impair a species ability to survive, breed or reproduce, hibernate or migrate or to significantly affect the local distribution or abundance of the species”.

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clearance work should be undertaken using a PMoW statement such that appropriate action can be taken in the unlikely event that this species is encountered during works. HEDGEHOGS 4.4.12. The hedgehog is listed as an SPI in accordance with Section 41 of the NERC Act 2006. Public bodies have an obligation, under Section 40, to have regard for this species when carrying out their functions. 4.4.13. The Proposed Development will result in the reduction of suitable hedgehog habitat within the Site in the short term. However, it is not expected that this will affect the conservation status of this species within the local area. The construction phase of the Proposed Development has the potential to accidentally kill this species if mitigation is not adopted. It is recommended that site clearance work should be undertaken using a PMoW statement such that appropriate action can be taken in the unlikely event that this species is encountered during works. BIRDS 4.4.14. The Habitat Regulations 2017 Part 1 Regulation 10(2) & (3) state that local authorities ‘must take such steps in the exercise of their functions as they consider appropriate to contribute to ‘…the preservation, maintenance and re-establishment of a sufficient diversity and area of habitat for wild birds in the UK including by means of the upkeep, management and creation of such habitat…’. The legislation continues to state that economic and recreation requirements must be taken into consideration when considering which measures are appropriate. 4.4.15. Under the WCA, all wild birds are protected from killing and injury, and their nests and eggs protected from taking, damage, and destruction whilst in use. Additional protection is extended to species listed under Schedule 1 of the Act, meaning it is also an offence to disturb these species at or near the nest, or whilst they have dependent young. Activities that would otherwise constitute an offence under this legislation may be licensed by Natural England for certain purposes. 4.4.16. Vegetation clearance and destruction of habitats to facilitate the Proposed Development has the potential to disturb, damage, or destroy breeding habitats for birds present within the Site. REPTILES 4.4.17. Native widespread reptile species (common or viviparous lizard, adder, grass snake, and slow worm) are partially protected under Schedule 5 of the WCA. This includes protection from killing and injury. 4.4.18. All reptile species are also listed as SPI in accordance with Section 41 of the NERC Act 2006. Public bodies have an obligation, under Section 40, to have regard for these species when carrying out their functions. 4.4.19. Vegetation clearance and destruction of habitats to facilitate the Proposed Development has the potential to negatively affect widespread reptile species through the disturbance, damage, or destruction of foraging and basking habitat or refugia. A reptile mitigation strategy for the Proposed Development has been developed (WSP, 2020b) and should be implemented prior to the commencement of works. In addition, it is recommended that site clearance work should be undertaken using a PMoW statement such that appropriate action can be taken in the unlikely event that this species is encountered during works.

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AMPHIBIANS 4.4.20. Great crested newts are protected from killing, injury and disturbance8 and their places of rest or shelter (occupied habitat) is protected from damage or destruction under the Habitats Regulations. Protection is also afforded under the WCA with respect to disturbance of individuals occupying places of rest or shelter, and obstruction of access to these. Activities that would otherwise constitute an offence under this legislation may be licensed by Natural England for certain purposes. 4.4.21. Great crested newts and common toad are also listed as SPI in accordance with Section 41 of the NERC Act 2006. Public bodies have an obligation, under Section 40, to have regard for these species when carrying out their functions. 4.4.22. Due to the limited connectivity between previously recorded GCN breeding sites and the Survey Area it is considered unlikely for GCN to occur within the Site. Vegetation clearance and destruction of habitats to facilitate the Proposed Development has the potential to result in the loss of, and negatively affect, terrestrial and aquatic habitats suitable for GCN and other amphibian species and potential killing or injury of these animals should they be present. It is recommended that site clearance work should be undertaken using a PMoW statement such that appropriate action can be taken in the unlikely event that this species is encountered during works. INVERTEBRATES 4.4.23. Certain species of invertebrate are listed as SPI in England under Section 41 of the NERC. If these species were present within the Site, they would be deemed a material consideration in any planning application. 4.4.24. Habitats within the Site are considered of suitability for a range of invertebrate species. No additional survey work is recommended for this ecological feature, however ecological enhancements to facilitate the presence of these species within the Site post-development are recommended. INVASIVE NON-NATIVE SPECIES 4.4.25. No INNS listed on Schedule 9 of the WCA were recorded within the Site during the field survey, however they can be brought to Site on plant and machinery, or colonise from offsite areas and therefore measures should be taken to manage risks associated with INNS. 4.4.26. It is an offence to cause the spread of species listed on Schedule 9 of the WCA. If these species are recorded within the Site, it is recommended that a Biosecurity Management Plan is developed prior to the commencement of the Proposed Development and all measures implemented throughout construction. FURTHER ASSESSMENT 4.4.27. It is also recommended that a Biodiversity Net Gain (BNG) assessment is undertaken. BNG is the end result of a process applied to infrastructure development so that, overall, there is a positive outcome for biodiversity. The BNG assessment process applies the mitigation hierarchy by avoiding, mitigating and as a last resort, compensating for any impacts on biodiversity. 4.4.28. The updated NPPF (published in July 2018 and updated in February 2019) made clear the expectations for development to achieve biodiversity net gain, including references to net gains in biodiversity within the following sections:

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 “Planning policies and decisions should contribute to and enhance the natural and local environment by:.. (d) minimising impacts on and providing net gains for biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures” (paragraph 170);  “To protect and enhance biodiversity and geodiversity, plans should:…b) promote the conservation, restoration and enhancement 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.” (paragraph 174); and  “When determining planning applications…a) if significant harm to biodiversity resulting from biodiversity 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.” (paragraph 175). 4.4.29. In addition, on 13 March 2019, Her Majesty’s Treasury confirmed that, following consultation, the Government will use the forthcoming Environment Bill to mandate BNG for development in England, ensuring that delivery of much needed infrastructure and housing is not at the expense of vital biodiversity. Additionally, the 25 Year Environment Plan states the UK Government’s intention to “seek to embed a ‘net environmental gain’ principle for development to deliver environmental “improvements”. 4.4.30. As a consequence of the national policy context detailed above, a BNG assessment is proposed to ensure the principles of BNG become enshrined in the on-going design of the Proposed Development.

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Table 4 – Key Ecological Constraints - Avoidance, Mitigation and Compensation Measures

Ecological receptor Likely effects Recommendations

HPI within the Site and in close Vegetation clearance within the It is recommended that wherever possible, vegetation clearance and habitat destructions proximity to the Site Site may result in the loss and kept to the minimum amount required to facilitate the construction of the Proposed disturbance of hedgerow, ponds Development. Other areas of habitat with and small areas of woodland ecological value Where vegetation and habitat destruction is required, it is recommended that replacement Construction activities may result planting and habitat creation is included within the landscaping proposals, which is in line Designated Site in close in dust and air pollution, with Biodiversity Net Gain recommendation. proximity to the Site detrimentally affecting the quality It is recommended that native tree planting is included within any landscaping proposals. of retained HPI within and adjacent to the Site. It is recommended that good practice construction measures are adhered to throughout the construction phase. Such measures should include the following, as outlined by the Construction activities may result Construction Industry Research and Information Association (CIRIA, 2015): in dust and air pollution, detrimentally affecting the quality  Measures must be taken to prevent dust and other emissions from construction affecting of designated sites in close retained habitat within and beyond the Site (e.g. use of Heras fencing with dust proximity to the Site. sheeting, regular dampening of the works area).  Chemicals and fuels should be stored in secure containers away from retained habitats within the Site. Spill kits must be made available.  Excavations must be covered or securely fenced (with no potential access points beneath fencing) when the Site is closed (e.g. overnight) to prevent entrapment of animals.  Retained trees must be protected in accordance with BS5837.  Noise and vibration must be controlled and kept to the minimum necessary.

Commuting and foraging bats Habitat loss (i.e. tree felling) In general, it is recommended that vegetation clearance is kept to the minimum amount required to facilitate the Proposed Development to ensure continued habitat for commuting Any new temporary or permanent and foraging bats. Where vegetation clearance is unavoidable, it is recommended that lighting may deter bats from replanting is included within the landscaping proposals. Such replanting should include using retained roosting, trees to maintain a connective corridor of commuting habitat and to provide future roosting

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Ecological receptor Likely effects Recommendations

commuting or foraging habitat habitat for bats, and ground flora species of known value to foraging bats including species within the Site. described by the Bat Conservation Trust (BCT, 2012). Additional temporary and permanent lighting should be avoided wherever possible, but, where this is not possible, it is recommended that a sensitive lighting strategy is used. This is to minimise the risk of impacts to roosting, commuting and foraging bats, where new or permanent lighting is proposed. Such a strategy should be designed in adherence to best practice guidance (BTC and ILP, 2018), and include the following measures:  Installation of lighting is avoided where possible along retained areas of vegetation, or newly planted landscaped areas. Where lighting cannot be avoided in these areas, light spill should be avoided on retained or newly planted trees using hoods, louvres or other luminaire design features.  Narrow spectrum light sources are to be used wherever possible to lower the range of bat species affected by lighting. Specifically, light sources should use warm, neutral colour temperatures below 2700 kelvin.  Light sources which emit ultraviolet light are used to avoid attracting night-flying insects (which in turn may attract bats to the light).

Species potentially present within Vegetation clearance, destruction It is recommended that vegetation clearance and habitat destruction is kept to the minimum the Site: of habitat, and construction amount required to facilitate the Proposed Development. activities have the potential to Badger, hazel dormouse, Where vegetation clearance and habitat destruction are unavoidable, it is recommended result in the killing or injury of hedgehog, reptiles, GCN that a PMoW is produced to minimise the risk of harm to protected and notable species. protected and notable species The PMoW should include the following measures: which may be present within the Site.  Timing of vegetation clearance to take place in September/October, to avoid the reptile and amphibian hibernation seasons, and to avoid conflicts with the breeding bird season (as detailed below).  Vegetation clearance to be completed with hand-tools instead of plant.  Vegetation clearance must adhere to a two-stage cut to enable any animals present to disperse naturally from the Site. Under this method, vegetation is initially cut to 300mm above ground level, left overnight and then cut to ground level the following day.

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Ecological receptor Likely effects Recommendations

 Avoid leaving open trenches overnight into which animals could fall. If this is not possible, a means of egress should be provided, such as a plank.

Breeding birds Vegetation clearance and habitat As with the above ecological receptors, it is recommended that vegetation clearance and destruction during the breeding habitat destruction is kept to the minimum necessary, to ensure continued nesting habitat bird season (March to August within the Site. inclusive) has the potential to result in the damage or destruction of active bird nests.

INNS Vegetation clearance and habitat Though not currently recorded within the Site, it is recommended that a Biosecurity destruction has the potential to Management Plan (BMP) is prepared to ensure compliance with the WCA. result in the spread of INNS plant The plan should include: species.  Detailed description of potential INNS presents within the Site and their location.  Obligation of biosecurity measure required to be taken by contractors working within the Site e.g. cleaning of equipment and clothing.  Detailed avenue of disposal for cleared INNS vegetation material.

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4.5 ECOLOGICAL ENHANCEMENT OPPORTUNITIES 4.5.1. The National Planning Policy Framework (NPPF) (2019) states an environmental objective ‘to contribute to protecting and enhancing our natural, built and historic environment; including making effective use of land, helping to improve biodiversity, using natural resources prudently, minimising waste and pollution, and mitigating and adapting to climate change, including moving to a low carbon economy.’ 4.5.2. To encourage compliance with these planning policies, the following measures are recommended for inclusion within the Proposed Development; where possible: Wetlands  The establishment of the settlement lagoon within the Site should be done so with the aim of improving waterbody networks within the wider landscape. The lagoon should be naturally designed and incorporate native aquatic plants and bank side vegetation. These waterbodies will provide additional habitat for amphibians and invertebrates within the Site. Landscaping  Landscaping proposals should include areas of open grassland with sporadic shrub planting, to increase the suitability of the Site for basking reptiles whilst also providing shelter and foraging opportunities. Open grassy areas would also be of benefit to invertebrates previously recorded in the wider area. The shrub planting should include native fruit and berry-bearing species (e.g. hazel, holly, hawthorn and blackthorn), again, providing foraging opportunities for local birds and small mammals including dormouse.  Landscaping and management of any landscaping should incorporate good horticultural practice including the use of peat-free composts, mulches and soil conditioners, including native plants with local provenance and avoidance of the use of invasive species listed on Schedule 9 of the WCA.

Species  Bird boxes and bat boxes are installed on retained mature trees within the Site, to provide additional bat roosting and bird nesting. Where bat boxes are provided, these should be installed a minimum of 4m above the ground (to prevent predation) and on southerly, south-westerly or south-easterly aspects to ensure optimal temperature conditions. Bird boxes should be installed at a minimum of 4m on a northerly aspect  The Site should be enhanced for terrestrial invertebrates. This can be achieved through the retention of brash and logs from any necessary vegetation clearance, to create deadwood piles. Additionally, invertebrate hotels could be purchased or constructed, and their location incorporated into the landscape plans to ensure optimal location for use by invertebrates and reduce the potential for vandalization.

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5 CONCLUSIONS

5.1.1. The Survey Area is located within and adjacent to Vinters Valley Nature Reserve and will directly impact the habitats adjacent to the reserve. Consultation with the reserve management is recommended to ensure that the intended biodiversity benefits provided by the creation of the silt lagoon are delivered appropriately. 5.1.2. HPI habitats have been identified within the Survey Area including woodland, hedgerows and ponds. Field survey identified woodland habitat as mixed woodland, which although being ecologically important does not confirm to HPI deciduous woodland standards. Recommendations have been made to minimise impacts to these habitats and post-construction landscaping designed with appropriate habitat creation to achieve ecological enhancement. 5.1.3. Suitable habitat for the following species was recorded within the Site:  Badger  Bats  Hazel dormice  Birds  Reptiles  Great created newts  Invertebrates  Other notable species 5.1.4. Due to the size and nature of the Proposed Development, the potential impact on these receptors and available survey data, no additional survey work has been recommended. Recommendations and mitigation strategies in relation to tree roosting bats and reptiles have been proposed previously (WSP 2020a and 2020b). The recommendations should be adhered to prior and during construction. In addition, PMoW documents should be drafted in relation to potential ecological receptors present within the Site to ensure legislative and policy compliance. 5.1.5. Recommendation to ensure that the Proposed Development benefits ecological receptors present within the Survey Area have been outlined.

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6 REFERENCES

Project specific

 WSP (2020a). 70040984-TN-0026 - Reptile Mitigation and Precautionary Method Statement  WSP (2020b). 70040984-TN-0027 - Preliminary Roost Assessment  WSP (2018a). Preliminary Ecological Appraisal, Kent Medical Campus to M20 J7 Improvement Scheme  WSP (2018b). Kent County Council, Ecological Mitigation Plan  Corylus Ecology (2015). Bat Survey Report. General References

 Amphibian and Reptile Groups of the United Kingdom (2010). ARG UK Advice Note 5: Great Crested Newt Habitat Suitability Index. ARG UK, UK.  The Bat Conservation Trust (BCT) (2012). Encouraging Bat – A Guide for Bat-friendly Gardening and Living. BCT, London.  BCT and Institute of Lighting Professionals (ILP) (2018). Guidance Note 08/18: Bats and artificial lighting in the UK. ILP, Rugby.  British Standards Institution (BSI) (2012). BS 5837:2012 Trees in relation to design, demolition and construction – Recommendations. BSI, London  BSI (2013). Biodiversity code of practice for planning and development: BS42020. BSI. London.  Bibby C.J, Burgess N.D, Hill D.A, Mustoe S.H. (2000). Bird Census Techniques. Second Edition. Elsevier Ltd.  Chartered Institute of Ecology and Environmental Management (CIEEM) (2017a). Guidelines for Preliminary Ecological Appraisal. CIEEM, Winchester.  CIEEM (2017b). Guidelines for Ecological Report Writing. CIEEM, Winchester.  CIEEM (2018). Guidelines for Ecological Impact Assessment in the UK and Ireland, Terrestrial, Freshwater and Coastal. CIEEM, Winchester.  CIRIA (2015.) Environmental good practice on site (fourth edition) (C741) Charles, P., Edwards, P (eds). CIRIA, London.  Collins J. (ed.) (2016). Bat Surveys for Professional Ecologists, Good Practice Guidelines (3rd Edition). The Bat Conservation Trust, London.  Drake CM, Lott DA, Alexander KNA and Webb J (2007). Surveying terrestrial and freshwater invertebrates for conservation evaluation. Natural England Research Report NERR005. Natural England, Peterborough.  Eaton MA, Aebischer NJ, Brown AF, Hearn RD, Lock L, Musgrove AJ, Noble DG, Stroud DA and Gregory RD (2015). Birds of Conservation Concern 4: the population status of birds in the United Kingdom, Channel Islands and Isle of Man. British Birds 108, 708–746. [Available online: britishbirds.co.uk/wp-content/uploads/2014/07/BoCC4.pdf].  English Nature (2001). Great Crested Newt Mitigation Guidelines. English Nature, Peterborough.  English Nature (2006). The Dormouse Conservation Handbook. 2nd Edition. Natural England. Peterborough.  Froglife (1999). Reptile Survey: an introduction to planning, conducting and interpreting surveys for snake and lizard conservation. Froglife Advice sheet 10. Froglife, Halesworth.  Gent, A. and Gibson, S. (2003). Herpetofauna Workers Manual. JNCC. Peterborough.

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 Gilbert, G., Gibbons, D.W. and Evans, J. (1998). Bird Monitoring Methods: A Manual of Techniques for Key UK Species. RSPB.  Harris S, Cresswell P and Jefferies D (1991). (Report) Surveying Badgers. The Mammal. Society, Bristol.  Joint Nature Conservation Committee (JNCC) (2010). Handbook for Phase 1 habitat survey – a technique for environmental audit. JNCC, Peterborough.  JNCC Biodiversity Reporting and Information Group (2008). UK Biodiversity Action Plan  JNCC and DEFRA (2012). UK Post 2010 Biodiversity Framework. Available online: http://jncc.defar.gov.uk/page-6189. [Accessed July 2014].  Kirby, P. (2001). Habitat Management for Invertebrates: A Practical Handbook. RSPB Management Guides.  Langton, T.E.S., Beckett, C.L., and Foster, J.P. (2001). Great Crested Newt Conservation Handbook, Froglife, Halesworth.  Mitchell- Jones, A.J (2004). Bat Mitigation Guidelines. English Nature.  Oldham R.S., Keeble J., Swan M.J.S., and Jeffcote M. (2000). Evaluating the suitability of habitat for the great crested newt. Herpetological Journal.

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7 FIGURES

Figure 1 – Site Location

Figure 2 – Statutory and Non-statutory designated sites 2km

Figure 3 – Habitats of Principal Importance and Ancient Woodland within 500m

Figure 4 – Phase 1 Habitat Survey

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