THE CROWN ESTATE
LAND EAST OF BARTON ROAD, LUTON
PRELIMINARY ECOLOGICAL APPRAISAL
MARCH 2017 Wardell Armstrong Sir Henry Doulton House, Forge Lane, Etruria, Stoke-on-Trent, ST1 5BD, United Kingdom Telephone: +44 (0)845 111 7777 Facsimile: +44 (0)845 111 8888 www.wardell-armstrong.com
DATE ISSUED: MARCH 2017 JOB NUMBER: ST16002 REPORT NUMBER: 001
THE CROWN ESTATE
LAND EAST OF LAND EAST OF BARTON ROAD, LUTON
PRELIMINARY ECOLOGICAL APPRAISAL
MARCH 2017
PREPARED BY:
Katherine Morley Ecologist
Emily MacFarlan Ecologist
REVIEWED BY:
Suzanne Wykes Associate Director (Ecology)
APPROVED BY:
Chris House Director
This report has been prepared by Wardell Armstrong LLP with all reasonable skill, care and diligence, within the terms of the Contract with the Client. The report is confidential to the Client and Wardell Armstrong LLP accepts no responsibility of whatever nature to third parties to whom this report may be made known.
No part of this document may be reproduced without the prior written approval of Wardell Armstrong LLP.
ENERGY AND CLIMATE CHANGE ENVIRONMENT AND SUSTAINABILITY INFRASTRUCTURE AND UTILITIES Wardell Armstrong is the trading name of Wardell Armstrong LLP, Registered in England No. OC307138. LAND AND PROPERTY MINING AND MINERAL PROCESSING Registered office: Sir Henry Doulton House, Forge Lane, Etruria, Stoke-on-Trent, ST1 5BD, United Kingdom MINERAL ESTATES AND QUARRYING UK Offices: Stoke-on-Trent, Birmingham, Cardiff, Carlisle, Edinburgh, Greater Manchester, London, Newcastle upon Tyne, Penryn, Sheffield, Truro, West Bromwich. International Offices: Almaty, Moscow WASTE RESOURCE MANAGEMENT
THE CROWN ESTATE LAND EAST OF BARTON ROAD, LUTON
PRELIMINARY ECOLOGICAL APPRAISAL
CONTENTS EXECUTIVE SUMMARY ...... 4 1 INTRODUCTION ...... 5 1.1 Terms of Reference ...... 5 1.2 Site Context ...... 6 2 METHODOLOGY ...... 7 2.1 Desk Study ...... 7 2.2 Extended Phase 1 Habitat Survey ...... 7 2.3 Nomenclature ...... 8 2.4 Limitations ...... 8 2.5 Quality Assurance & Environmental Management ...... 8 3 RESULTS AND EVALUATION ...... 9 3.1 Designated Sites ...... 9 3.2 Habitats ...... 11 3.3 Species Evaluation ...... 20 4 DISCUSSION AND RECOMMENDATIONS ...... 26 4.1 Sensitive Receptors ...... 26 4.2 Designated Sites ...... 26 4.3 Priority Habitats ...... 27 4.4 Species ...... 28 5 ECOLOGICAL ENHANCEMENTS ...... 30 6 CONCLUSION ...... 32 7 REFERENCES ...... 33
APPENDICES Appendix 1 Legislation and Policy Summary Appendix 2 Bird Records Appendix 3 Designated Sites
DRAWINGS TITLE SCALE ST16002/001 Extended Phase 1 Habitat Survey 1:5,000@A3
ST16002/001 MARCH 2017
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EXECUTIVE SUMMARY
An Ecologist form Wardell Armstrong carried out an Extended Phase 1 Habitat Survey of the site on 31 st January 2017.
The site consists predominantly of arable land of low ecological value, bounded by hedgerows and semi-natural and plantation woodland. Hedgerows and broad-leaved woodland are priority habitats both nationally and locally and should be retained within the design proposals.
Woodland and hedgerows around the peripheries of the site provide suitable habitat for protected species including foraging and commuting bats, foraging and hibernating hedgehog Erinaceus europaeus , hazel dormouse Muscardinus avellanarius and common reptile species. These habitats should be retained to maintain food sources, shelter and connectivity within the site and local landscape for protected species. If hedgerow removal is required then the location and extent should be assessed for the potential impact to protected species. It is considered that if woodland and hedgerow habitats are retained there will be no loss of conservation value within the site.
Further surveys for badger are recommended to be carried out at the pre-application stage and should hedgerow removal be required, dormouse presence/likely absence surveys and bat activity surveys may need to be undertaken, based upon the extent and location of the hedgerow removal.
Consultation with Natural England should be undertaken to identify if development proposals need to include mitigation to offset possible impacts of increased visitor number to the nearby Galley and Warden Hills SSSI.
Enhancement measures have been outlined which include native species-rich hedgerow planting and the creation of wildflower and grassland areas to increase ecological connectivity within the site and increase food sources for invertebrates which, in turn, would also increase food sources for other species including birds and bats.
Recommendations to provide new roosting and nesting habitat have also been made alongside those for the sympathetic management of habitats within the site following development.
It is considered that with the retention of peripheral habitats alongside the implementation of enhancement measures, the development would lead to an increase in biodiversity within the Site.
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1 INTRODUCTION
1.1 Terms of Reference
1.1.1 Wardell Armstrong LLP (WA) was commissioned by The Crown Estate to undertake a Preliminary Ecological Appraisal (PEA) of a site for a potential residential development on land east of Barton Road, Luton, central Ordnance Survey (OS) grid reference: TL 0822 2688.
1.1.2 This report has been produced with reference to current guidelines for PEA (Chartered Institute of Ecology and Environmental Management (CIEEM, 2012)) and British Standard BS 42020:2013 (BSI, 2013) which involves the evaluation of the potential presence of ecological receptors based on Extended Phase I (Joint Nature Conservation Committee (JNCC, 2010)) survey data and background desk study.
1.1.3 The purpose of the PEA is to satisfy the requirements of the National Planning Policy Framework (NPPF), identifying the likely presence of ecological receptors within or near the application site that could be subject to adverse effects arising from development within a site.
1.1.4 The following ecological features have been considered:
• Statutory and non-statutory designated conservation areas;
• UK and Local Biodiversity Action Plan (BAP) habitats;
• Areas of Ancient Woodland;
• Legally protected species;
• Species listed within section 41 of the NERC Act; and
• Invasive species.
1.1.5 This report also seeks to identify any requirement for further specialist survey where the initial assessment cannot be relied upon to adequately determine presence or reliably infer absence of protected species/taxa. An indicative assessment of potential adverse effects is provided, although this is not a substitute for full Ecological Impact Assessment (CIEEM, 2015).
1.1.6 Provisional mitigation and enhancement opportunities are also discussed, where appropriate.
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1.2 Site Context
1.2.1 The area of ecological study referred to as the Site comprises predominantly of arable land of approximately 39.5 hectares, bounded by hedgerows and woodland strips.
1.2.2 The site is situated amidst a wider agricultural landscape to the north, east and west, with the town of Luton to the south, separated by a thin strip of woodland that is designated as a County Wildlife Site (CWS).
1.2.3 On the northern boundary lies a farm house and associated farm buildings and further arable farmland. The A6 Barton Road runs along the western boundary, and to the east lies a golf course and CWS.
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2 METHODOLOGY
2.1 Desk Study
2.1.1 The desktop study was informed by review of existing available information provided by Bedfordshire and Luton Biodiversity Recording and Monitoring Centre (BRMC) and from available internet based resources for a 2km search radius and from the site’s central grid reference. OS and satellite mapping was also used to gain contextual habitat information.
2.1.2 Specific information was sought for:
• Statutory designated sites 1;
• Locally designated sites;
• Ancient woodland 2;
• Protected and priority species;
• Priority Habitats and Species 3;
• Local Biodiversity Action Plan (LBAP) priority habitats and species.
2.2 Extended Phase 1 Habitat Survey
2.2.1 WA carried out an Extended Phase 1 Habitat Survey of the site on 31 st January 2017. The survey was carried out by a suitably experienced Ecologist from WA.
2.2.2 The survey broadly followed the ‘Extended Phase 1’ methodology (Institute of Environmental Assessment (IEA), 1995 and JNCC 2010). Each of the main habitats were classified according to the relevant criteria including vegetation composition expressed according to the DAFOR 4 system.
2.2.3 In addition to the mapping and description of habitats, incidental observations of protected and/or notable species and the potential for such species to occur on site (and in the surrounding landscape where relevant) were also recorded.
1 Locations provided by MAGIC http://magic.defra.gov.uk/MagicMap.aspx 2 As defined by Natural England in their Inventory of Ancient Woodlands http://www.gis.naturalengland.org.uk/pubs/gis/tech_aw.htm 3 As defined under Section 41 (England) and Section 42 (Wales) of the Natural Environment and Rural Communities (NERC) Act 2006, which have superseded UK Biodiversity Action Plan lists. 4 D – Dominant, A – Abundant, F – Frequent, O- Occasional, R-Rare.
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2.2.4 Specific habitat features are mapped on Drawing ST16002-001 with appropriate reference numbers identifying waterbodies, buildings and trees of particular note
2.3 Nomenclature
2.3.1 Vascular plant names follow ‘ New Flora of the British Isles’ (Stace 2010) with vernacular names as provided in the Botanical Society of the British Isles website (BSBI, 2013) 5. All other flora and fauna names following the National Biodiversity Network (NBN) Gateway (NBN, 2013). The common and scientific name of species/taxa is provided (if available) when first mentioned in the text, with only the vernacular name referred to thereafter.
2.4 Limitations
2.4.1 Ecological surveys are limited by factors that affect the presence of plants and animals such as time of year, weather, migration patterns and behaviour. The survey was undertaken in January and therefore may not be representative of other times of year. The report is not designed, nor is it required to present a complete inventory of fauna/fauna.
2.4.2 The absence of desk study records is not relied upon to determine absence of a particular species/habitat. Often, the absence of records is a result of under-recording within the given search area and as such the experience of the ecologist concerned together with a range of additional factors, in particular the presence/absence of potentially supporting habitat; is used to infer likely presence/absence of ecological receptors.
2.5 Quality Assurance & Environmental Management
2.5.1 The surveys and assessments have been overseen by and the report checked and verified by a member of CIEEM, whom is bound by its code of professional conduct. All surveys and assessments have been undertaken with reference to the recommendations given in British Standard BS 42020, and as stated within specialist guidance, as appropriate and referenced separately.
5 http://rbg-web2.rbge.org.uk/BSBI/intro.php
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3 RESULTS AND EVALUATION
3.1 Designated Sites
3.1.1 Desk study results for statutory and non-statutory designated sites within a 2km search radius are evaluated below.
3.1.2 The search area is extended to allow for the inclusion of Impact Risk Zones (IRZ) 6 for more distant Sites of Special Scientific Interest (SSSIs). Where present, IRZ’s promote consultation between Natural England and the Planning Authority on the likelihood of adverse environmental effects.
Statutory Designated Sites
3.1.3 Four statutory designated sites lie within or near to 2km of the site. The sensitivity of these biologically important sites and possible adverse impacts from development on the site are discussed. Those that could be at risk of negative impacts from development within the site are discussed in detail in Section 4.2 of this report.
Galley and Warden Hills LNR / CWS and Galley and Warden Hills SSSI
3.1.4 Galley and Warden Hills LNR / CWS is situated adjacent to the southern boundary of the Site, and connects to Galley and Warden Hills SSSI. The LNR boundary includes all of the SSSI, but also includes the bridleway off Barton Road that connects to the SSSI to the east.
3.1.5 Galley and Warden Hills SSSI is approximately 400m distant from the site boundary. The SSSI consists mostly of unimproved neutral and calcareous grassland that supports characteristic chalk downland flora. The grassland includes nationally rare plants such as great pignut Bunium bulbocastanum which grows abundantly. Also present are locally uncommon plants and invertebrates, including 20 species of butterfly. The SSSI lies outside of the site boundary and therefore no direct impacts are anticipated, however there is potential that increased footfall as a result of development proposals could lead to damage to sensitive habitats and flora within the SSSI.
Smithcombe, Sharpenhoe and Sundon Hills SSSI
3.1.6 Smithcombe, Sharpenhoe and Sundon Hills SSSI lies just over 2km north-west of the Site. The SSSI consists of 86ha of unimproved calcareous grassland, species rich scrub,
6 https://data.gov.uk/dataset/sssi-impact-risk-zones
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and mature beech Fagus sylvatica woodland. Nationally uncommon species include Chiltern gentile Gentianelle germanica , musk orchid Herminium monorchis and man orchid Aceras antrhopophorum . Due to the distance between the SSSI and the site, no adverse effects are anticipated from development within the site.
Barton Hills SSSI
3.1.7 Barton Hills SSSI lies just over 2km north of the site, and consists of approximately 48ha of unimproved chalk grassland, some ancient beech Fagus sylvatica woodland with an understorey shrub layer of hazel Corylus avellana, spindle Eunonymous europaeus , yew Taxus baccata and elder Sambuca nigra , arranged across a valley of varying aspects. The site is therefore designated for its unique floral community with uncommon plants such as woolly thistle Cirsium eriophorum, and flea sedge carex pulicaris. Due to the distance between the SSSI and the site, no adverse effects are anticipated from development within the site.
Non-statutory Sites
3.1.8 Bedfordshire has several categories for non-statutory designated sites, including County Wildlife Site (CWS), District Wildlife Site (DWS) [sites that are recognised for their biological value but do not qualify for CWS status], Roadside Nature Reserve (RNR) and Local Geological Sites (LGS).
Icknield Way CWS
3.1.9 Icknield Way CWS runs parallel to part of the Site’s eastern boundary. It is an ancient trackway designated for its lowland calcareous grassland community and species-rich hedgerows and acts as a link between other calcareous grassland habitats in the area. Due to the close proximity of the CWS, there is potential that increased footfall as a result of development proposals could lead to damage to sensitive habitats and flora within the CWS.
Sunshine Riding Stables CWS
3.1.10 Sunshine Riding Stables CWS lies less than 40m to the south of the site. It is designated for its neutral/calcareous grassland and species-rich hedgerows and includes areas of horse paddocks and scrub surrounding the gold club’s carpark. A public footpath runs through this CWS and due to the close proximity of the CWS, there is potential that increased footfall as a result of development proposals could lead to damage to sensitive habitats and flora within the CWS.
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George Wood CWS
3.1.11 George Wood CWS, a 5.2ha area of replanted ancient semi-natural woodland and lowland mixed deciduous woodland, is located approximately 460m north west of the site boundary, on the other side of an A-road. Due to the distance and lack of direct ecological connectivity, no adverse impacts are anticipated from development of the Site.
3.1.12 Remaining non-statutory sites that are located within a 2km radius of the site are not anticipated to be adversely impacted through development of the site due to suitable distance and lack of ecological connectivity.
3.2 Habitats
3.2.1 All habitats within the survey area are described in Table 1 together with an indication of their NERC s41 7 and Bedfordshire and Luton Local BAP 8 status.
3.2.2 The location and extent of habitats is shown on Drawing ST16002/001 Extended Phase 1 Habitat Survey Results .
7 Habitats listed under section 41 of the Natural Environment and Rural Communities (NERC) Act as habitats of principal importance 8 http://www.bedscape.org.uk/BRMC/newsite/index.php?c=bedslife_bap
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Table 1: Habitat Description Phase 1 Habitats NERC LBAP s.41
Arable The dominant habitat type within the site, arable land occupied approximately 39 hectares of the Site.
X X
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Table 1: Habitat Description Phase 1 Habitats NERC LBAP s.41
Arable Field Margins/ Semi-Improved Grassland Arable field margins around the site are between 0.5- 1.5m in width.
Species frequently recorded included cow parsley Anthriscus sylvestris , false oat-grass Arrhenatherum elatius, cleavers Galium aparine, cock’s foot Dactylis glomerata , Yorkshire fog Holcus lanatus , broad- leaved dock Rumex obtusifolius and common nettle Urtica dioica. Spear thistle Cirsium vulgare, willowherb Epilobium spp ., ground ivy Glechoma hereacea , cranesbill Geranium sp. and common X X hogweed Heracleum sphondylium , occurred occasionally. Arable field margins that are managed specifically to provide benefits for wildlife are NERC Section 41 habitats of principal importance to biodiversity. However, none of the arable field margins recorded on the Site meet the definition for this UK priority habitat as they are species-poor and not managed specifically to provide benefits to wildlife.
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Table 1: Habitat Description Phase 1 Habitats NERC LBAP s.41
Broad-leaved Plantation Woodland A strip of broad-leaved plantation woodland runs down the eastern length of the site, adjacent to the neighbouring golf course.
The woodland comprised of frequent hazel Corylus avellana , hawthorn Crataegus monogyna , beech Fagus sylvatica , ash Fraxinus excelsior , dog rose Rosa canina , blackthorn Prunus spinosa , turkey oak Quercus cerris , holly Ilex aquifolium and cherry Prunus spp.
X X
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Table 1: Habitat Description Phase 1 Habitats NERC LBAP s.41
Broad-leaved Semi-Natural Woodland An area of woodland was located near the southern part of the eastern site boundary, adjacent to the neighbouring golf course.
The woodland comprised of frequent dog rose , blackthorn , wayfaring tree Viburnum lantana , spindle Euonymus europaeus and elder Sambucus nigra. The ground flora was dominated by ivy Ilex hedera.
V V
.
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Table 1: Habitat Description Phase 1 Habitats NERC LBAP s.41
Hedgerows
Hedgerows were located along the southern and western site boundary and part of the northern site boundary. Hedgerow 1: Intact species-rich hedgerow made up of field maple Acer campestre, sweet chestnut Castanea sativa, hazel, hawthorn, leylandii Cupressus × leylandii , beech and cherry. Hedgerow 2: Partially defunct hedgerow that protruded from the northern boundary of the site into arable fields. This hedgerow was dominated by hawthorn with occasional elder . Hedgerow 3: Intact species-rich hedgerow approximately 3m high and 1.5m wide that extended along the entire southern site boundary. This hedgerow consisted of frequent elder, blackthorn and spindle with occasional hawthorn, field maple, wayfaring tree and ash Fraxinus excelsior . Dog rose was abundant. Ivy was abundant at the base, and there was evidence that the hedge had been laid in the past. Hedgerow 4 : Intact hedgerow that extended along the entire western site boundary. It consisted of abundant hawthorn with frequent elder , and occasional beech, dog rose , field maple, cherry, and holly. Numerous standard beech were also present within the hedgerow. V V Hedgerow 5: Small, intact hedgerow dominated by beech Hedgerow 6: Intact species poor hedgerow that consisted of frequent hawthorn , field maple , and dog wood Cornus sanguinea , interspersed with ornamental species. Hedgerow 7: Intact species-poor hedgerow dominated by hawthorn.
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Table 1: Habitat Description Phase 1 Habitats NERC LBAP s.41
Hedgerow 1
An example of an intact species-poor hedgerow
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Table 1: Habitat Description Phase 1 Habitats NERC LBAP s.41
Hedgerow 3
An example of an intact species-rich hedgerow
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Table 1: Habitat Description Phase 1 Habitats NERC LBAP s.41
Individual trees A row of standard trees lines the driveway that leads to the farm. Tree species include dominant sycamore and a single silver birch Betula pendula . At the base of the trees is amenity grassland that is regularly mown.
A row of standard beech trees are adjacent to hedgerow 4, situated on the verge of the A6 main road.
X X
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3.3 Species Evaluation
3.3.1 Protected, UK & Local Biodiversity Action Plan species are evaluated in Table 2. Desk study records, supporting habitats within the site and connectivity to off-site habitats, and recorded evidence of protected species are discussed.
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Table 2: Species Evaluation Species/taxa Status 9 Desk Study Record Supporting Habitat Evaluation Bats EPS, WCA, There are three roost records and 21 records Two mature trees within the site Peripheral habitats should be retained within Chiroptera s.41, LBAP of bat activity. The closest roost record is have low suitability to support development plans to maintain commuting and approximately 3km from the site, with the roosting bats. foraging habitats within the site for bats. Trees most recent dated 13/07/2005. The closest Hedgerows and woodland habitats with suitability for roosting bats should be activity record is approximately 1.3km from around the peripheries of the site retained within the proposals or soft felled if the Site with the most recent dated provide foraging and commuting necessary. 09/09/2010. habitat for bats. Badger BA There are 41 records with the closest located Hedgerows and woodland around Loss of arable land suitable for foraging badger Meles meles approximately 70m from the site. The most the peripheries of the site are will not impact local badger populations as there recent record is dated 20/03/2015. suitable for sett creation. Arable is extensive foraging habitat within the land within the site could be used by surrounding landscape. Peripheral habitats foraging badger. Evidence of badger should be retained within the proposals to was recorded during the survey maintain connectivity to off-site habitats. A within peripheral habitats. badger survey should be undertaken if the site is to be developed.
9 EPS – European Protected Species, WCA – Wildlife and Countryside Act, A1 – Annex 1 (Birds Directive), BA – Protection of Badgers Act, s.41- species listed under section 41 of the NERC Act as species of principal importance, LBAP - Local Biodiversity Action Plan priority species
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Table 2: Species Evaluation Species/taxa Status 9 Desk Study Record Supporting Habitat Evaluation Brown hare s.41 There are 76 records with the closest located Arable fields within the site could be Brown hare are a highly mobile species and the Lepus europaeus approximately 500m from the Site. The most used by brown hare. scale of habitat loss is minor in terms of the recent record is dated 22/07/2014. surrounding landscape, therefore the conservation value of this species is unlikely to be adversely affected by development of the Site. No further recommendations. European hedgehog s.41 There are 52 records with the closest Hedgerow bases and woodland Peripheral habitats should be retained within the Erinaceus europaeus approximately 25m from the site. The most could provide suitable foraging and proposals to maintain suitable foraging and recent record is dated 22/07/2014. hibernation habitat for hedgehogs. hibernation habitat for hedgehogs. If removal of peripheral habitats is required to facilitate development, then suitable mitigation should be implemented. Hazel dormouse EPS, WCA, There are records of dormouse The woodland to the east, and Woodland and peripheral habitats should be Muscardinus s.41, LBAP approximately 2.5km north of the site, and a hedgerows along the southern and retained. Loss of suitable habitats would require avellanarius further two populations have been recorded eastern boundaries, have a good further evaluation based on the location and 4km north-east of the site. level of connectivity, vegetation extent of any proposed removal to inform the structure and species composition requirement for further surveys or mitigation. suitable for foraging, nesting, and hibernating dormouse. Otter EPS, WCA, No records were returned from the data No suitable watercourses in or No suitable habitat within the Site, or within a Lutra lutra s.41, LBAP search. adjacent to the site to support this suitable range of the Site. No further Water vole WCA, s.41, There are 12 records with the closest species. recommendations. Arvicola amphibius LBAP approximately 1800m from the site. The most recent record is dated 13/5/2015.
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Table 2: Species Evaluation Species/taxa Status 9 Desk Study Record Supporting Habitat Evaluation Reptiles WCA, s.41 There are 12 records of reptile species, all of Hedgerow bases, woodland edges Peripheral habitats should be retained within the which have been recorded at least 1.8km and arable field margins provide proposals to maintain suitable foraging and distant from the site. foraging, basking and hibernation hibernation habitat for reptiles. If removal of habitat for common reptile peripheral habitats is required to facilitate species. development, then suitable mitigation should be implemented. Great crested newt EPS, WCA, There are two records of great crested newt, No aquatic habitat suitable for No suitable breeding habitat within the Site or Triturus cristatus s.41 the closest is located approximately 1km breeding located within the Site or within a suitable range of the Site. No further from the Site. within 500m of site boundary. recommendations. Common toad s.41 There are three records of common toad, the Terrestrial habitats within the Site Bufo bufo closest is located approximately 2.6km from are limited to hedgerow bases and the Site. a small woodland block. White-clawed EPS, WCA, No records were returned from the data No suitable watercourses in or No suitable habitat within the Site, or within a crayfish s.41, LBAP search. adjacent to the site to support this suitable range of the Site. No further Austropotamobius species. recommendations. pallipes Birds s.41, WCA There are 8292 records of birds within 2km Arable fields within the site The loss of arable land suitable for farmland bird BoCC of the site. A composite list is provided in provide foraging habitat. species is minor in terms of the surrounding Appendix 2. Hedgerows and the woodland landscape, therefore the conservation value of block provide both foraging and farmland bird species that may use arable land is nesting habitat. Bird species unlikely to be adversely affected by development recorded during the Extended within the site. Phase 1 Habitat Survey are detailed in Table 3.
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Table 2: Species Evaluation Species/taxa Status 9 Desk Study Record Supporting Habitat Evaluation Peripheral habitats are suitable for a range of foraging and nesting birds and therefore should be retained. Protected Plant WCA, s.41 There are 329 records with the closest No protected plants were recorded No further recommendations. Species approximately 10m from the site. during the Phase 1 Habitat Survey. Habitats present on site are species- poor and managed within an intensively farmed landscape and unlikely to support rarer plant species. Invasive Pant Species WCA Thera are two records of invasive plants, the No invasive species were recorded No further recommendations. closest is located on the opposite side of during the survey Barton Road from the Site; a record of Japanese knotweed Fallopia japonica .
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Table 3: Bird Species Recorded Common Latin name Status Adverse Effects? name 10 Song thrush Turdus philomelos A1, RL The loss of arable land within the Site is House Passer domesticus s.41, RL minor in terms of the surrounding sparrow landscape, therefore the conservation Wren Troglodytes value of bird species recorded is unlikely troglodytes to be adversely affected by Wood Columba palumbus development of the site. Pigeon Peripheral habitats are suitable for a Magpie Pica pica range of foraging and nesting birds, Blackb ird Turdus merula including Red List and s.41 species.
10 S1 – Schedule 1 Wildlife and Countryside Act, A1 – Annex 1 EU Birds Directive, RL - Birds of Conservation Concern ‘red list’, AL - Birds of Conservation Concern ‘amber list’, s.41- species listed under section 41 of the NERC Act as species of principal importance
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4 DISCUSSION AND RECOMMENDATIONS
4.1 Sensitive Receptors
4.1.1 The following designated sites, habitats and species have been evaluated as being subject to potential adverse effects as a result of development of the Site:
• Designated sites (Galley and Warden Hills SSSI, Icknield Way CWS & Sunshine Riding Stables CWS);
• Priority habitats (semi-natural broad-leaved woodland and hedgerows);
• Badger;
• Bats;
• European hedgehog;
• Hazel dormouse;
• Reptiles; and
• Nesting birds (general).
4.1.2 The nature of potential effects, requirements for further surveys, and proposed mitigation/compensation are discussed below for each of the identified potential constraints.
4.2 Designated Sites
4.2.1 Galley and Warden Hills SSSI (LNR & CWS) is approximately 400m east of the site boundary with a bridleway linking to the SSSI, which is also a designated LNR.
4.2.2 The SSSI has a series of three routes for visitors to access the designated site, and as a designated LNR, the area is managed and promoted for the enjoyment of people, as well as for the benefit of wildlife.
4.2.3 It is recommended that consultation with Natural England is undertaken to investigate any potential impacts any increase in visitors to the SSSI as a result of the development of the Site may have upon the designated features at the pre-application stage. If impacts are considered likely, suitable mitigation is thought to be easily secured at the pre-application stage. It is not considered that likely impacts would influence allocation of the site for housing.
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Icknield Way CWS
4.2.4 Icknield Way CWS is a green lane designated as a public bridleway. The verges alongside the lane are rich in calcareous plant species, for which the CWS has been designated.
4.2.5 As a public bridleway, it is maintained by Bedfordshire County Council and as this area is already accessible to residential areas of northern Luton, it is considered unlikely that the additional footfall upon the bridleway network as a result of new development on the Site would significantly increase the impacts over and above those which the green lane already is subject to.
Sunshine Riding Stables CWS
4.2.6 Sunshine Riding Stables CWS lies less than 40m to the south of the Site, but the vast majority of the CWS is not accessible from the adjacent public footpath. The vegetation communities for which the site is designated are mainly located in fenced paddocks and privately owned land, and therefore it is not considered that increased footfall arising from development of the Site would impact upon Sunshine Riding Stables DWS.
4.3 Priority Habitats
NERC S. 41 Broad-Leaved Semi-Natural Woodland
4.3.1 It is recommended that the strip of existing woodland located along the south-eastern boundary of the Site is retained with a buffer included adjacent to it to allow for the future growth of the trees. As a guide, a buffer of 20m is recommended, however, a precise distance would be informed by an arboricultural survey identifying the extent of tree roots/canopies as well as taking into consideration the tree species present and the aspect of the woodland relative to development.
4.3.2 Should removal be necessary, this should be compensated for by the planting of new woodland elsewhere on Site of at least equivalent size, and should comprise of native species found naturally in the local area.
NERC s.41 Hedgerows
4.3.3 It is recommended hedgerows are retained where possible with a buffer included adjacent to hedgerow 3 along the south of the site that is considered to be of high ecological value for a variety of species.
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4.3.4 Any losses of hedgerow should be compensated for by the provision of a new hedgerow elsewhere on Site of at least equivalent length and following specifications in Section 5.1.5.
4.4 Species
Badger
4.4.1 Evidence of badger was recorded within the Site and it is recommended that further detailed badger surveys are undertaken at the pre-application stage to inform detailed development proposals. If impacts are considered likely, suitable mitigation is thought to be easily secured at the pre-application stage. It is not considered that likely impacts would influence allocation of the site for housing.
Bats
4.4.2 The majority of the Site consists of arable land, a habitat of low quality for foraging and commuting bats, however, peripheral habitats (hedgerows and woodland) are considered to be of moderate quality for foraging and commuting bats.
4.4.3 To avoid impacts upon bats, peripheral habitats and trees identified to have low suitability for roosting bats should be retained within development proposals. If sections of hedgerow or woodland are required to be removed then bat activity surveys may be required, depending upon the location and extent of habitat removal.
4.4.4 Two trees with low potential to support roosting bats were identified during the survey, but no trees with moderate or high potential were identified. Should the two trees with low potential be required to be removed they should be soft felled in accordance with good Arboriculture Practice.
4.4.5 A sensitive lighting design strategy should be implemented to ensure that existing peripheral foraging and commuting habitat remain suitable for use by bats.
Hedgehog
4.4.6 Suitable habitats (hedgerows and woodland) for foraging and hibernating hedgehog should be retained within site proposals. If sections of hedgerow and / or woodland require removal,
4.4.7 It is recommended that site vegetation clearance avoids the hibernation period (November-March). Hedgehogs are largely nocturnal and therefore are unlikely to be encountered or disturbed during the construction phase as works are likely to be confined to daylight hours. To avoid harm to foraging hedgehog, it is recommended
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that any uncovered holes or trenches are either covered over night or equipped with a mammal ramps to allow any trapped animals to escape.
4.4.8 If these timescales cannot be accommodated a search of suitable vegetation for hedgehogs should be undertaken by an experienced ecologist prior to removal. Any sheltering hedgehogs would be taken into care for the remainder of the hibernation period and released in the spring.
Hazel dormouse
4.4.9 Suitable vegetation for dormouse (hedgerows and woodland) should be retained within site proposals. If sections of hedgerow are required to be removed then the risk to dormice should be assessed and suitable surveys and/or mitigation should be made depending on the location and extent of hedgerow removal.
Reptiles
4.4.10 Suitable habitats for reptile species (woodland edges, hedgerow bases and arable field margins) should be retained where possible. If suitable habitats are to be disturbed or removed then it is recommended that this is overseen by a suitably qualified and experienced ecologist, to ensure compliance with the wildlife legislation.
Nesting birds
4.4.11 Due to the potential presence of nesting bird species within the Site, it is recommended that vegetation clearance is undertaken outside of the usual bird breeding season (normally taken to be March – August inclusive). If such timescales cannot be accommodated, it is recommended that a check for the presence of active nests, and nesting birds should be undertaken by a suitably qualified ecologist prior to the commencement of works. Any active nests should be identified and protected subject to the relevant legal provisions until the nesting attempt is complete. Any vegetation removal required should be undertaken outside of the usual bird breeding season (normally taken to be March – August inclusive).
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5 ECOLOGICAL ENHANCEMENTS
5.1.1 In accordance with the requirements of the NPPF and BSI 42020:2013 ecological enhancements should be proposed which will result in a net gain in biodiversity. The following measures are considered appropriate for the scale of the development and the magnitude of perceived impacts.
Wildflower/grassland areas
5.1.2 Ecological enhancements for habitats on site may include wildflower seeding of any areas of vegetation that are not removed by site works.
5.1.3 The implementation of a sensitive management regime that allows minimal disturbance to encourage floristic diversity would increase the ecological value of the site, as the present arable field margins do not provide a diverse range of wild flower species.
5.1.4 The creation of wildflower and grassland areas would encourage a more diverse invertebrate community, which would in turn improve foraging habitat for numerous protected species, including but not limited to, birds (including song thrush and house sparrow), bats, badger, reptiles and hedgehog.
Hedgerows
5.1.5 The planting of species-rich hedgerows within the site (in addition to those planted to compensate for hedgerow losses for development) would increase habitat connectivity across the site, and could increase the ecological value of the site. Appropriate woody species of local provenance should be selected; a suggested species mix, sympathetic of locally recorded hedgerow species, should include a mixture of: hawthorn, blackthorn, hazel, field maple, elder, wayfaring tree, spindle and holly. To be of high ecological value, five woody species per linear metre should planted in a double staggered row and managed to a minimum of 2m in height.
5.1.6 Most species would benefit from sympathetic management that creates tall, thick hedgerows. Sensitive, rotational hedgerow management (for example cutting short sections of hedgerow on a 3 to 5year rotational basis) would increase flowering and fruiting hedgerow food resources for hazel dormouse and bird species. This would be particularly beneficial to species-rich hedgerow 3.
5.1.7 Creating vegetated buffer zones between hedgerows and the development site would limit disturbance and would provide cover, foraging opportunities and commuting
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opportunities for a variety of species. This would also benefit the red listed bird species identified on site (song thrush and house sparrow) by improving invertebrate communities.
Nest boxes
5.1.8 Incorporating bat and bird boxes within site would provide additional valuable roosting and nesting sites (respectively) for bat and bird species.
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6 CONCLUSION
6.1.1 The majority of the Site consists of arable land of low ecological value, the loss of which is not considered to be a constraint to development proposals.
6.1.2 Peripheral habitats, including hedgerows and a semi-natural woodland block are considered to be of higher ecological value and a priority for nature conservation at both a local and national scale and should be retained as part of development proposals and appropriate buffers implemented around them.
6.1.3 Retention of peripheral habitats would also avoid impacts upon species including bats, dormouse, nesting birds, reptiles, hedgehogs and badgers, which are either confirmed or likely to utilise the Site.
6.1.4 Suitable measures to avoid impacts upon hedgehog, reptiles and nesting birds are outlined in section 5, to ensure development proceeds in line with legislation and include the appropriate timing of vegetation clearance or supervision of works by a suitably qualified and experienced ecologist.
6.1.5 Further surveys for badger are required to inform detailed development proposals, however, it is considered, that based upon the evidence of badger found within the Site in February 2017, that development proposals could accommodate appropriate mitigation for this species, to ensure compliance with wildlife legislation.
6.1.6 Further consideration should be given to the possible impacts of increased visitors to the nearby SSSI as a result of development proposals through consultation with Natural England and appropriate mitigation implemented, if necessary.
6.1.7 It is considered that development of the site would not affect the nature conservation status of any protected or notable species which are a priority for conservation at either a national or more local scale.
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7 REFERENCES
Botanical Society of the British Isles (2013) Online atlas of the British and Irish Flora http://www.brc.ac.uk/plantatlas/index.php?q=title_page
Bright, P., Morris, P. & Mitchell-Jones, T. (2006) The dormouse conservation handbook, 2 nd edition, English Nature.
Institute of Environmental Assessment, Guidelines for Baseline Ecological Assessment (1995).
Institute of Ecological and Environmental Management. (2012). Guidelines for Preliminary Ecological Appraisal.
JNCC, Handbook for Phase 1 habitat survey: A technique for environmental audit (2007), English Field Unit, Nature Conservancy Council.
National Biodiversity Network (2013) NBN Gateway http://data.nbn.org.uk/
Stace. C. A, ‘ New Flora of the British Isles’ (2010), Cambridge University Press.
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Appendix 1 Legislation and Policy Summary
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Appendix 1 – Legislation and Policy Summary Legislation for Habitats/Sites Designated Site/Habitat Status Ramsar Sites Ramsar Sites are wetlands of international importance designated following The Ramsar Convention. RAMSAR sites have the same level of protection as SSSIs under the Wildlife and Countryside Act 1981 (as amended). SPA (Special Protection Areas) SPAs are classified in accordance with Article 4 of the EC Directive on the Conservation of Wild Birds (79/409/EEC), the Birds Directive. They are they seek to protect the habitats of rare and vulnerable birds, listed in Annex I of the Birds Directive, and for regularly occurring migratory species. The Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2010 implement the Birds Directive in the UK. SAC (Special Areas for Conservation) SACs are strictly protected areas which represent typical European Union of habitats and (non-bird) species listed in Annexes I and II of the EC Habitats Directive. The Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2010 implement the Habitats Directive in the UK. SSSI (Sites of Special Scientific Interest) SSSIs protect the best examples of the UK's flora, fauna, or geological or physiographical features. Originally notified under the National Parks and Access to the Countryside Act 1949, SSSIs were renotified under the Wildlife and Countryside Act 1981 (as amended). Modified provisions for the protection and management of SSSIs were introduced by the Countryside and Rights of Way Act 2000. NNR (National Nature Reserves) NNRs are examples of some of the most important natural and semi-natural terrestrial and coastal ecosystems in Great Britain. NNRs are declared by the statutory country conservation agencies under the National Parks and Access to the Countryside Act 1949 and the Wildlife and Countryside Act 1981 (as amended). Legal protection of NNRs is provided under The Wildlife and Countryside Act 1981 (as amended). Hedgerows All hedgerows are protected by the Hedgerows Regulations 1997, under which it is an offence to remove or destroy certain hedgerows without planning consent or permission from the Local Planning Authority. These regulations do not apply to any hedgerow within the curtilage of, or marking the boundary of the curtilage of, a dwelling house.
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Designated Site/Habitat Status LNR (Local Nature Reserves) Designated by the National Parks and Access to the Countryside Act 1949, LNRs may be declared for nature conservation by local authorities after consultation with the relevant statutory nature conservation agency. Legal protection of LNRs is provided under The Wildlife and Countryside Act 1981 (as amended).
Legislation for Species Species Legal Status European Legislation Creeping Marshwort, Early Gentian, Fen Under the Conservation of Habitats and Species Regulations Orchid, Floating-leaved Water Plantain, 2010 (and as amended), it is illegal to deliberately pick, collect, Killaney Fern, Lady’s Slipper, Shore uproot or destroy any such species. Dock, Slender Naiad, Yellow Marsh Saxifrage Bats, Dormouse, Otter, Wild Cat, Great These animals and their breeding sites or resting places are Crested Newt, Natterjack Toad, Sand protected under Regulation 41 of the Conservation of Habitats Lizard, Smooth Snake, Large Blue and Species Regulations 2010 (and as amended), which makes it Butterfly illegal to: • Deliberately capture, injure or kill any such animal or to deliberately take or destroy their eggs; • Deliberately disturb 11 such an animal; and • Damage or destroy a breeding site or resting place of such an animal.
European Protected Species (EPS) licenses can be granted by Natural England in respect of development to permit activities that would otherwise be unlawful under the Conservation Regulations, providing that the following 3 tests (set out in the EC Habitats Directive) are passed, namely: • The development is for reasons of overriding public interest; • There is no satisfactory alternative; and • The favourable conservation status of the species concerned will be maintained and/or enhanced.
11 Under the Conservation Regulations, disturbance of protected animals includes in particular any disturbance which is likely to: (i) impair their ability to survive, breed or reproduce, or to rear or nurture their young or to hibernate or migrate; (ii) significantly affect the local distribution or abundance of the species in question.
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Species Legal Status Under Regulation 9(5) of the Conservation Regulations, Planning Authorities have a duty to ‘have regard to the requirements of the EC Habitats Directive’ i.e. LPA’s must consider the above 3 ‘tests’ when determining whether Planning Permission should be granted for developments likely to cause an offence under the Conservation Regulations. Domestic (UK) Legislations Bats, Dormouse, Great Crested Newt, These animals receive full protection under the Wildlife and Heath Fritillary, High Brown Fritillary, Countryside Act 1981 (and as amended), which makes it illegal Large Blue, Marsh Fritillary, Natterjack (subject to certain exceptions) to: Toad, Pine Martin, Otter, Red Squirrel, • Intentionally kill, injure or take any such animal; Sand Lizard, Smooth Snake, Swallowtail, • Intentionally or recklessly damage, destroy or obstruct any Water Vole, Wildcat place used for shelter or protection by any such animal; and • Intentionally or recklessly disturb such animals while they occupy a place used for shelter or protection. Adder, Common Lizard, Grass Snake, These animals receive partial protection under The Wildlife and Slow Worm, White-clawed Crayfish Countryside Act 1981 (as amended by the Countryside and Rights of Way Act 2000), which provide protection against intentional killing or injury of any such animal. Nesting Birds All wild birds (as defined by the act) are protected under the Wildlife and Countryside Act 1981 (and as amended), which makes it illegal (subject to exceptions) to: • Intentionally kill, injure or take any wild bird; • Take, damage or destroy the nest (whilst being built or in use) or eggs of any wild bird. WCA Schedule 1 listed Birds Additional protection is provided to birds listed on Schedule 1 of the Wildlife and Countryside Act 1981 (and as amended). In addition to the offences detailed above relating to all wild birds, it is illegal to: • Intentionally or recklessly disturb any bird listed on Schedule 1, or their dependent young while nesting. Badgers The Protection of Badgers Act 1992 makes it illegal to wilfully kill or injure a Badger, or attempt to do so and to intentionally or recklessly interfere with a Badger sett. This includes: • damaging or destroying an active sett; • obstructing access to a sett; and • disturbing a Badger while it is occupying a sett.
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Species Legal Status Licences can be granted to permit sett closure and/or disturbance between July and November inclusive (i.e. outside the sow pregnancy/birth period). Wild Mammals The Wild Mammals (Protection) Act 1996 provides legal protection to all wild mammals (as defined by the act) against the following actions: mutilate, kick, beat, nail, or otherwise impale, stab, burn, stone, drown, crush, drag or asphyxiate any wild mammal with intent to inflict unnecessary suffering. Invasive Species WCA Schedule 9 listed animals (Part 1) Certain species of plants and animals that do not naturally occur and plants (part 2) in Great Britain have become established in the wild and represent a threat to the natural fauna and flora. Section 14 of the Wildlife & Countryside Act prohibits the release of any animal species that are: “not ordinarily resident in and is not a regular visitor to Great Britain in a wild state ”
Policy Summary
Section 40 of the Natural Environment and Rural Communities (NERC) Act imposes a legal duty on Planning Authorities to ‘have regard’ to the conservation of biodiversity when considering planning applications.
Section 41 of the NERC Act requires the Secretary of State to publish a list of species and habitats of principal importance for conserving biodiversity in the UK. Such Biodiversity Action Plan (BAP) Habitats and Species (2007) do not offer the species any specific protection but help to highlight the species importance at a national level. This list is used by Local Planning Authorities to identify the species and habitats that should be afforded priority when applying the requirements of the National Planning Policy Framework (NPPF).
The NPPF underpins the Government’s planning policies for England and how these are to be applied. The central theme of the NPPF is a presumption in favour of sustainable development. This presumption does not apply where development requiring Appropriate Assessment under the Birds or Habitats Directives is being considered, planned or determined.
The NPPF states:
‘When determining planning applications, local planning authorities should aim to conserve and enhance biodiversity by applying the following principles:
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• if significant harm resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for, then planning permission should be refused;
• proposed development on land within or outside a Site of Special Scientific Interest (SSSI) likely to have an adverse effect on a SSSI (either individually or in combination with other developments) should not normally be permitted. Where an adverse effect on the site’s notified special interest features is likely, an exception should only be made where the benefits of the development, at this site, clearly outweigh both the impacts that it is likely to have on the features of the site that make it of special scientific interest and any broader impacts on the national network of SSSIs;
• development proposals where the primary objective is to conserve or enhance biodiversity should be permitted;
• opportunities to incorporate biodiversity in and around developments should be encouraged;
• planning permission should be refused for development resulting in the loss or deterioration of irreplaceable habitats, including ancient woodland and the loss of aged or veteran trees found outside ancient woodland, unless the need for, and benefits of, the development in that location clearly outweigh the loss; and
• the following wildlife sites should be given the same protection as European sites: potential Special Protection Areas (SPA) and possible Special Areas of Conservation (SAC); listed or proposed Ramsar sites; and sites identified, or required, as compensatory measures for adverse effects on European sites, potential SPAs, possible SACs, and listed or proposed Ramsar sites.’
The NPPF requires the Planning Authority to have a responsibility to promote the preservation, restoration and re-creation of priority habitats, ecological networks and the protection and recovery of priority species populations, linked to national and local targets, and identify suitable indicators for monitoring biodiversity in the plan. In addition, the planning system should contribute to and enhance the natural and local environment by minimising impacts on biodiversity and providing net gains in biodiversity where possible, contributing to the Government’s commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures.
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Appendix 2 Bird Records
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Appendix 2 – Bird Records
Barn owl Tyto alba Grey partridge Perdix perdix Black-headed gull Chroicocephalus Grey wagtail Motacilla cinerea ridibundus Greylag goose Anser anser Black redstart Phoenicurus ochruros Hen harrier Circus cyaneus Blue tit Cyanistes caeruleus Herring gull Larus argentatus Brambling Fringilla montifringilla Hobby Falco subbuteo Bullfinch Pyrrhula pyrrhula House martin Delichon urbicum Buzzard Buteo buteo House sparrow Passer domesticus Canada goose Branta canadensis Kestrel Falco tinnunculus Coal tit Periparus ater Kingfisher Alcedo atthis Common gull Larus canus Lapland bunting Calcarius lapponicus Common tern Sterna hirundo Lapwing Vanellus vanellus Coot Fulica atra Lesser black-backed gull Larus fuscus Cormorant Phalacrocorax carbo Lesser redpoll Acanthis cabaret Corn bunting Emberiza calandra Lesser spotted woodpecker Dendrocopos Crane Grus grus minor Cuckoo Cuculus canorus Linnet Linaria cannabina Curlew Numenius arquata Little egret Egretta garzetta Dunnock Prunella modularis Little owl Athene noctua Feral pigeon Columba livia Mallard Anas platyrhynchos Fieldfare Turdus pilaris Marsh harrier Circus aeruginosus Firecrest Regulus ignicapilla Marsh tit Poecile palustris Goldcrest Regulus regulus Meadow pipit Anthus pratensis Golden plover Pluvialis apricaria Mediterranean gull Goldfinch Carduelis carduelis Larus melanocephalus Great grey shrike Lanius excubitor Merlin Falco columbarius Great spotted woodpecker Dendrocopos Mistle thrush Turdus viscivorus major Montagu’s harrier Circus pygargus Great tit Parus major Moorhen Gallinula chloropus Greenfinch Chloris chloris Nuthatch Sitta europaea Green sandpiper Tringa ochropus Osprey Pandion haliaetus Green woodpecker Picus viridis Oystercatcher Haematopus ostralegus Grey heron Ardea cinerea Peregrine Falco peregrinus
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Pied wagtail Motacilla alba Starling Sturnus vulgaris Pink-footed goose Anser brachyrhynchus Stock dove Columba oenas Quail Coturnix coturnix Stonechat Saxicola rubicola Red-breasted flycatcher Ficedula parva Swallow Hirundo rustica Red kite Milvus milvus Swift Apus apus Redstart Phoenicurus phoenicurus Tawny owl Strix aluco Redwing Turdus iliacus Treecreeper Certhia familiaris Reed bunting Emberiza schoeniclus Tree pipit Anthus trivialis Ring-necked parakeet Psittacula krameri Tree sparrow Passer montanus Ring ouzel Turdus torquatus Turtle dove Streptopelia turtur Robin Erithacus rubecula Water rail Rallus aquaticus Sand martin Riparia riparia Waxwing Bombycilla garrulus Shore lark Eremophila alpestris Wheatear Oenanthe oenanthe Short-eared owl Asio flammeus Whinchat Saxicola rubetra Siskin Spinus spinus Willow warbler Phylloscopus trochilus Skylark Alauda arvensis Woodcock Scolopax rusticola Snipe Gallinago gallinago Wren Troglodytes troglodytes Song thrush Turdus philomelos Yellowhammer Emberiza citronella Sparrowhawk Accipiter nisus Yellow-legged gull Larus michahellis Spotted flycatcher Muscicapa striata Yellow wagtail Motacilla flava
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Appendix 3 Designated Sites
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Appendix 3 – Designated Sites
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