Phase 1 Habitat Survey Extended Assessment

Land at Sweechgate, Broad Oak Sturry, Kent

30 March 2016

Lewis Ecology • email: [email protected] • web: www.lewisecology.co.uk • Tel. 07801 750904 Report For Clifford Construction Ltd. Phase 1 Habitat Survey (Extended) Clifford Construction Ltd. Unit 6, CMA Industrial Park Land at Sweechgate, Sturry, Kent. Howﬁeld Lane Chatham Hatch 30 March 2016 Kent CT4 7LZ © Lewis Ecology

Main Contributors

Brett Lewis Issued by

......

Dr Brett Lewis BSc (Hons) MSc PhD MCIEEM

Lewis Ecology

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Document Revisions

No. Details Date

1 Phase 1 Habitat Survey - Extended 25 Mar 2016 Assessment

2 Revised text in Section 1.2 - Site 30 Mar 2016 Context. Contents

1.0 Introduction 1

1.1 Purpose of this report 1 1.2 Site context 1 2.0 Methodology for Data Collection 2

2.1 Desk Study 2 2.2 Field Surveys 3 3.0 Site Baseline 4

3.1 Statutory nature conservation sites 4 3.2 Non-statutory nature conservation sites 5 3.3 Habitats 6 3.4 Species 7 4.0 Evaluation 10

4.1 Evaluation Methodology 10 4.2 Evaluation 10 5.0 Conclusions and Recommendations 13

5.1 Habitats 13 5.2 Species 13 5.3 Ecological enhancements 16 6.0 References and Bibliography 18 Appendix A 19

Wildlife Legislation & Policy 19 Appendix B 24

Site Photographs 24 1.0 Introduction

1.1 Purpose of this report

Proposals exist to develop residential housing stock at ’The Common’, Sweechgate, Broad Oak, Kent, CT2 0QR. Ordnance Survey grid reference TR 16824 61435.

Cliﬀord Construction Ltd. have commissioned Lewis Ecology to undertake an ecological assessment in support of a planning application for the proposed works. In completing the assessment a survey of the site was undertaken in which any potential ecological constraints that might be associated with the development of the site were identiﬁed.

This report details the methods adopted and the results of the survey work.

1.2 Site context

The site is located within the village of Broad Oak, near Canterbury, Kent (see Fig. 1.0). The site is west of the A291, and between Sweechgate to the north and Shalloak Road to the west. The site is surrounded by residential properties on all sides. Within the site itself are areas of amenity/ neutral grassland, parkland trees, hedgerows, and scrub borders. There are two garage buildings which are in use at the time of this report. There is a driveway leading to the garages at the north of the site. To the southeast is a wooded area with two ponds. There is a public footpath between the two ponds.

Fig. 1.0. Site location.

Sweechgate, Sturry, Kent 1 2.0 Methodology for Data Collection

2.1 Desk Study

A data-gathering exercise was undertaken to obtain information relating to statutory and non- statutory nature conservation sites, priority habitats and species, and legally protected and controlled species (see boxes 1 and 2 below).

Box 1 - Designated wildlife sites and priority habitats and species.

Statutory nature conservation sites

Internationally important sites: Special Areas of Conservation (SACs) and candidate SACs, Special Protection Areas (SPAs) and proposed SPAs, Sites of Community Importance, Ramsar sites and European oﬀshore marine sites.

Nationally important sites: Sites of Special Scientiﬁc Interest (SSSIs) that are not subject to international designations and National Nature Reserves (NNRs)

Local Nature Reserves (LNRs) are statutory sites that are of importance for recreation and education as well as nature conservation. Their level of importance is deﬁned by their other statutory or any non- statutory designation (e.g. if an LNR is also an SSSI but is not an internationally important site, it will be of national importance). If an LNR has no other statutory or non-statutory designation it should be treated as being of district-level importance for biodiversity (although it may be of greater socio-economic value).

Non-statutory nature conservation sites

Local Wildlife Sites are special places for wildlife and are vital to the future survival of native species. There are over 440 Local Wildlife Sites in Kent. They cover and area of over 27, 000 hectares (roughly 7% of the county). They range from a 0.13 hectare churchyard important for orchids, to grazing marsh sites of over 1,000 hectares. They do not have legal protection like Sites of Special Scientiﬁc Interest or Nature Reserves but they complement these protected sites and provide vital linkages between habitats. Their long-term survival depends upon the interest and goodwill of their land managers and owners.

Priority habitats and species

A Biodiversity Action Plan (BAP) for Kent lists priority habitats as ‘key habitats’, of which there is a signiﬁcant proportion of the UK resources in the county. Also, key habitats that have declined in the recent past or are still declining locally, as well as key habitats that are locally rare and/or threatened.

Similarly, priority species are those that Kent can contribute to the achievement of the national targets, because the species are characteristic of the area. Furthermore, species that are locally rare, declining, threatened and are either high proﬁle and/or locally distinctive.

Sweechgate, Sturry, Kent 2 Box 2 - Legally protected and controlled species A list of these species can be seen on the following pages:

• Protected species* • National or Kent Biodiversity Action Plan (BAP) priority species • Kent invasive species initiative

*Protected species are those listed on the EC Habitats Directive - Annexes II and IV, Conservation (Natural Habitats) Regulations 1994 - Schedules 2 & 4, Wildlife and Countryside Act 1981 (as amended) excluding species that are protected only in relation to sale.

Data reported herein will be limited to within 1 km of the site boundary. Sources of information regarding sites, habitats and species within the desk study were obtained via the Kent and Medway Biological Records Centre (KMBRC). It should be noted that Lewis Ecology is not responsible for the validity of records, and therefore does not warrant any data gained through the desk study from external sources which have been used to inform this assessment.

2.2 Field Surveys

2.2.1 Habitats

A phase 1 habitat survey of the site and its surrounds was undertaken by Lewis Ecology on 18th February 2016. During the surveys, distinct habitats were identiﬁed and any features of interest were photographed and described in more details in a target note. As the standard phase 1 habitat survey methodology is mainly concerned with vegetation communities, the survey was extended to allow for the provision of information on other ecological features, including identiﬁcation of the presence/potential presence of legally protected and otherwise notable species.

2.2.2 Species

The methodologies used to establish the presence/potential presence of protected and notable species as part of the extended phase 1 habitat survey are summarised below. These relate to those species/biological taxa that the desk study and habitat types present indicated could occur on the site.

Birds

The habitats and built structures on-site were assessed for the potential to provide nesting habitat for breeding birds, or to support important assemblages of rare or notable bird species, particularly those listed as Biodiversity Action Plan (BAP) species for Kent and Species of Principal Importance (SPI).

Sweechgate, Sturry, Kent 3 Bats

The habitats and built structures on-site were assessed for the potential to provide habitat for roosting or hibernating bats, or to support foraging and commuting bats.

Mammals

The habitats on site were assessed for their potential to support protected mammals. Surveys included looking for ﬁeld signs such as feeding remains, nests, burrows, setts as well as faecal remains, dropping and spraints.

Herpetofauna

Habitats that may support sheltering or breeding sites for herpetofauna were examined for the presence of animals including widespread species such as slow-worms, grass snakes, frogs, toads and newts. Areas such as piles of leaves and compost heaps were searched. Nearby ponds were examined for their potential suitability to support breeding amphibians.

Other species

In addition, an assessment was made of the potential for the site to support any other species considered to be of value for biodiversity conservation and that were identiﬁed as occurring within the vicinity of the study area by the desk study, particularly those listed as Biodiversity Action Plan (BAP) species for Kent and Species of Principal Importance (SPI).

3.0 Site Baseline

3.1 Statutory nature conservation sites

A desk based search showed that there are two SSSIs within 1 km of the study site, which include both West Blean and Thornden Woods and Sturry Pit. (See table 3.1 below).

Table 3.1 - Statutory nature conservation sites

Site Name Status Grid Reference Area (ha) Distance from site (m)

West Blean & Thornden Wood SSSI TR 154 636 762.5 700

Sturry Pit SSSI TR 174 606 0.67 1000

Natural England is responsible for notifying SSSIs, ensuring they are managed appropriately and assessing and monitoring their biodiversity. Natural England provide site descriptions via their website at www.gov.uk/protected-or-designated-areas. A synopsis of each site description and its notiﬁcation is provide below:

Sweechgate, Sturry, Kent 4

West Blean & Thornden Wood SSSI

West Blean and Thornden Woods, lying to the north of Canterbury, comprise a mosaic of ancient semi-natural woodland and conifer plantation within the ancient Blean Forest complex and include several rare woodland types. The area is noted for birds with over 50 species of breeding bird having been recorded. The woodland also supports a diverse invertebrate fauna including 5 nationally rare and 13 nationally scarce species. The woods are situated on London Clay and gravel drift deposits which have given rise to a range of free to poorly drained moderately acidic soils.

Sturry Pit SSSI

The designation of this site is for geological/archeological purposes only and does not contain any ecological data relevant to the present study.

3.2 Non-statutory nature conservation sites

A desk based search showed that there is one non-statutory conservation site (Local Wildife Site) within 1 km of the study site (See table 3.2 below).

Table 3.2 - Non-statutory nature conservation sites

Site Name Status Grid Reference Area (ha) Distance from site (m)

Little Hall and Kemberland LWS TR 177 619 41.24 600 Woods and Pasture

Kent Wildlife Trust is responsible for notifying LWSs, ensuring they are managed appropriately and assessing and monitoring their biodiversity. Kent Wildlife Trust provide site descriptions on request and for a small fee. A synopsis of the site description and its notiﬁcation is provide below.

Little Hall and Kemberland Woods and Pasture LWS

These woods were once part of the large Blean Woods complex but are now separated from the main area by agricultural land. Only Kemberland Wood is within the 1 km search area and has been included on merit.

Kemberland Wood comprises mostly chestnut coppice on the higher ground, with mixed unmanaged coppice of ash, hazel and hornbeam along the margins and on the lowest ground. A good range of woodland plants occurs, with bluebell and bramble dominating the higher ground, together with wood anemone, red campion (Silene dioica) and woodrush (Luzula pilosa). Yellow archangel (Galeobdolon luteum), moschatel (Adoxa moschatellina) and cuckooﬂower (Cardamine pratensis) are widespread. There are some open areas where felling has taken place in the past.

Sweechgate, Sturry, Kent 5 3.3 Habitats

The following sections describe the habitats on and around the site and associated photographs are provided in Appendix B.

3.3.1 Site context and surrounding habitats

The site is situated in the village of Broad Oak, on the outskirts of Sturry, a suburb of the city of Canterbury, in the county of Kent and is surrounded by residential properties. The site is accessed via a concrete driveway from Sweechgate. There are two ponds located to the southeast of the site.

3.3.2 On-site habitats

The site covers an area of approximately 0.4 hectares and consists of amenity/neutral grassland, scrub borders, parkland trees, two garages/outbuildings, recently disturbed ground and hardstanding (driveway and paths).

The majority of the survey area, within the site boundary, consists of short sward, tussocky amenity/neutral grassland with species such as false oat grass (Arrhenatherum elatius), Cock’s foot (Dactylis glomerata) and Yorkshire fog (Holcus lanatus) observed. A number of herbs species were also recorded during the walk over survey including common mallow (Malva sylvestris), broad-leaved dock (Rumex obtusifolius), common dandelion (Taraxacum oﬃcinale), hedge mustard (Sisymbrium oﬃcinale), sheep’s sorrel (Rumex acetosella) and Bristley oxtongue (Picris echioides), among others.

A number of trees were recorded during the walkover survey and in particular along the western most boundary lines. Tree species noted include black poplar (Populus nigra), English oak (Quercus robur), yew (Taxus baccata), holly (Ilex aquifolium), silver birch (Betula pendula), hazel (Corylus avellana), cherry laurel (Prunus laurocerasus), elder (Sambucus nigra) and leyland cypress (Cupressus × leylandii).

There are areas of scrub along the southern and western boundary lines consisting of bramble (Rubus fruticosus agg.), bracken (Pteridium aquilinium) and common nettle (Urtica dioica). Flowering plants observed during the walk-over survey include wild daﬀodil (Narcissus pseudoonarcissus) and common dog-violet (Viola riviniana).

There is a compost heap/bonﬁre heap at the centre of the property.

Sweechgate, Sturry, Kent 6 3.4 Species

3.4.1 Birds

Table 3.3 below provides a list of records of protected or notable birds within 1 km of the site. All records provided by KMBRC (2016) and are limited to historical records from the past 10 years only.

Table 3.3 - Records of protected or notable birds within 1 km of the site

Common name Latin name No. of Date of most OS Grid records recent record Reference mm/yyyy

Hobby Falco subbuteo 2 06/2009 TR 17 60

Quail Coturnix coturnix 2 06/2008 TR 174 626

Lapwing Vanillas vanellus 61 01/2009 TR 16Q

Herring gull Lares argentatus 93 06/2008 TR 17 60

Turtle dove Streptopelia turtur 4 06/2008 TR 17 60

Cuckoo Cuculus canorus 5 05/2006 TR 16Q

Lesser spotted woodpecker Dendrocopus minor 7 05/2010 TR 17 60

Fieldfare Turdus pilaris 7 12/2008 TR 17 60

Song thrush Turdus philomelos 71 12/2008 TR 16 61

Firecrest Regulus ignicapillus 2 01/2009 TR 16 60

Starling Sterns vulgaris 96 04/2006 TR 16 61

House sparrow Passer domesticus 65 04/2006 TR 16Q

Linnet Carduelis cannabina 15 06/2008 TR 16Q

Yellow hammer Emberiza citrinella 6 06/2008 TR 16Q

No protected or notable birds were observed during a walkover survey however the trees, and scrub habitats present on site provide potential nesting opportunities for a variety of species including those form the Family Turidae such as thrushes and blackbirds. Furthermore there are nesting opportunities for birds within the buildings including for species such as starlings (Sturnus vulgarise) and house sparrows (Passer domesticus).

Sweechgate, Sturry, Kent 7 3.4.2 Bats

Table 3.4 below provides a list of records of bats within 5 km of the site. All records provided by the Kent Bat Group via KMBRC (2016) and are limited to historical records from 2000 - 2014 only.

Table 3.4 - Records of bats within 5 km of the site

Common name Latin name No. of No. of Date of most OS Grid Non-roost roost recent record Reference records records mm/yyyy

Brown Long-eared Plecotus auritus 26 78 08/2008 TR 168 615

Soprano Pipistrelle Pipistrellus pygmaeus 148 47 06/2000 TR 171 615

Serotine Bat Eptesicus serotinus 20 11 10/2001 TR 166 617

Daubenton’s Bat Myotis daubentonii 104 17 07/2001 TR 173 625

Natterer’s Bat Myotis nattereri 7 65 02/2014 TR 143 595

Noctule Bat Nyctalus noctula 55 1 07/2010 TR 173 620

Nathusius’ Pipistrelle Pipistrellus nathusii 9 0 09/2010 TR 186 600

The Site at Sweechgate and associated outbuildings/garages, the surrounding properties and their gardens offer refuge for bats. The scrub borders and flowering plants attract invertebrates and in turn may attract foraging predators such as bats. Furthermore features on one of the outbuildings/garages offers a potential site for roosting bats. The ridge tiles were missing mortar at the gable end on one of buildings (see photographs in Appendix B).

All bats are protected under the Wildlife and Countryside Act (1981) (as amended); and by the Conservation of Habitats and Species Regulations (2010).

3.4.3 Mammals

A data search via KMBRC did not reveal any records of protected or notable mammal species within 1 km of the site for the past 10 years. However, habitats on site oﬀer the potential for sheltering and/or foraging hedgehogs which are a Species of Principal Importance (SPI) and are regarded as a priority species under the UK post-2010 Biodiversity Framework.

3.4.4 Herpetofauna

Table 3.5 below provides a list of records of herpetofauna species within 1 km of the site. All records provided by the Kent Reptile and Amphibian Group (KRAG) via KMBRC (2016) and are limited to historical records from the past 10 years only. Further amphibian records were also obtained from a recent survey undertaken on behalf of National Grid for the ‘Richborough Connection Project (National Grid, 2016).

Sweechgate, Sturry, Kent 8 Table 3.5 - Records of protected or notable herpetofauna species within 1 km of the site

Common name Latin name No. of Date of most recent OS Grid records record mm/yyyy Reference

Great crested newt Triturus cristatus 47 05/2014 TR 16864 61399

Slow-worm Anguis fragilis 24 05/2009 TR 177 610

Grass Snake Natrix natrix 2 05/2009 TR 175 612

Information obtained from the National Grid - Richborough Connection Project (National Grid, 2016) report concludes that there is a ‘medium’ sized population of great crested newts within the two ponds immediately adjacent to the proposed development site, at OS grid references TR 16863 613998 (Pond 2D) and TR 16903 61409 (Pond 2E) respectively. A peak count of 6 great crested newts was recorded on 25 March 2014 in pond 2D. Furthermore, a peak count of 12 great crested newts was recorded on 01 April 2014 in pond 2E.

The data search results provided by KRAG also provide a risk assessment of the likelihood of species to occur at or around the development site based on ‘nearest neighbour’ data and habitat information. The results show that there is a ‘HIGH’ likelihood of great crested newts to occur on or nearby the proposed development site. There is also a ‘HIGH’ likelihood that grass snakes might occupy the site. The risk assessment also concludes that viviparous lizards (Zootoca vivipara) and slow-worms (Anguis fragilis) are ‘Likley’ to be present on site.

All reptiles are protected under the Wildlife and Countryside Act (1981) (as amended).

Great crested newts are protected under the Wildlife and Countryside Act (1981) (as amended); and by the Conservation of Habitats and Species Regulations (2010).

3.4.5 Other species

Table 3.6 below provides a list of records of other protected or notable species found within 1 km of the site. All records provided by KMBRC (2016) and are limited to historical records from the past 10 years only.

Table 3.6 - Records of protected or notable species within 1 km of the site

Common name Latin name No. of Date of most OS Grid records recent record Reference mm/yyyy

Flowering Plants

Bluebell Hyacynthoides non-scripta 10 03/2013 TR 17 60

Sweechgate, Sturry, Kent 9 The diversity of trees and shrubs on site as well as some ﬂowering plants oﬀer good potential for invertebrate species to be found. In particular deadwood and leaf littler provides opportunities for sheltering and foraging for stag beetles (Lucanus cervus) and their larvae. Stag beetles are a Species of Principal Importance (SPI) and require action under the UK BAP and are considered conservation priorities under the UK Post-2010 Biodiversity Framework.

4.0 Evaluation

4.1 Evaluation Methodology

The biodiversity conservation value of the habitats and species present/potentially present at the ‘Sweechgate’ site has been assessed. The evaluation uses professional judgement in drawing together information about the quality and extent of habitats, characteristics of species’ population and distribution, and the findings of both the desk and field studies. Evaluations have been undertaken only for sites/habitats/species that fall within at least one of the categories set out in Boxes 1 and 2. This reflects the expectation that all species/habitats that are of sufficient value that an effect upon them could be significant, would fall within at least one of the categories. The use of these categories therefore enables often lengthy lists of sites/habitats/ species to be filtered to derive a short-list of sites/habitats/species that can be the focus of more detailed evaluation work. Regardless of the findings of the assessment, there is a need to recognise that certain habitats and species are legally protected and measures must be taken to ensure that contravention of the relevant legislation is avoided.

4.2 Evaluation

4.2.1 Sites designated for nature conservation

These sites are considered to be important at the level at which they are designated. Within 1 km of the Sweechgate site there are two statutory nature conservation sites and they are West Blean & Thornden Wood and Sturry Pit SSSI. West Blean & Thornden Wood SSSI provide a mosaic of wildlife areas, woodlands, and wetlands together with some public access and amenity areas for recreational use. Sturry Pit is designated for its geological and archeological interests only and does not contain ecological receptors relevant to the present study.

Little Hall and Kemberland Woods and Pasture LWS are areas of privately owned woodland and grassland habitat.

Given the proximity of the Sweechgate site to the important areas for nature conservation it is extremely unlikely that the proposed development will have any adverse eﬀects on the status of species or habitats to be found therein.

Sweechgate, Sturry, Kent 10 4.2.2 Birds

Whilst no protected or notable birds were recorded during the walkover survey a number of notable breeding bird species have been recorded within 1 km of the site and may also occur on- site, see section 3.4 above. Given the limited extent and condition of the habitats within the application boundary, and the wide availability of similar and better habitats in the local area, it is considered unlikely that the site would support an important population of notable bird species. However, that does not negate a requirement to comply with the Wildlife and Countryside Act (1981 amended) with regards to nesting birds. Should nesting birds be found within the site then the area around the nest should not be disturbed until the young have ﬂedged.

4.2.3 Bats

The site contains a range of ﬂowering, nectar rich plants that attract invertebrates, which in turn may provide food for foraging bats. Potential roost features were recorded during the site walkover and are located within the existing buildings/garages where bats species such as brown long-eared and pipistrelle bats are likely to roost. Within the past 10 years a number of bat species have been recorded within 1 km of the site - see section 3.4.2 above.

Given the potential for the existing buildings to support roosting bats and the records in the vicinity, any plans to demolish the buildings will ﬁrst be subject to further survey work. Further surveys will help to ascertain whether or not bats are roosting within the existing buildings. This will be carried out in advance of any works in order to ensure works do not contravene current legislation. Surveys will be carried out by a licensed and experienced ecologist and at the appropriate time of year.

Surveys for bats will take the form of an inspection of any internal roof space to look for signs of bats including, staining on walls from the oils in the bats fur, droppings, feeding remains (wings and wing cases of insects), scratch marks and also the presence of bats themselves. Furthermore a total of two dusk emergence/dawn re-entry surveys. The surveys will be carried out between the months May to August.

Please note that if bats are found to be roosting within the building(s) during surveys then it will be necessary to obtain the appropriate derogation licence from Natural England in order to disturb bats or their roosts during any proposed development works at the site. A licence application usually takes up to 8 weeks but may be delayed as much as 12 weeks at times of high volume applications at the statutory agencies. For further information with regards to bats, buildings, the law and planning please refer to the Bat Conservation Trust website - http:// bats.org.uk

A ground based assessment of all trees on site did not reveal the presence of potential roost features for bats and therefore no further surveys of trees are required with regards to bats.

Sweechgate, Sturry, Kent 11 4.2.4 Other Mammals

Consideration will be given to hedgehogs when moving piles of leaves and building materials on site. Hedgehogs often take refuge in such places and measures should be taken to avoid injury or harm to this species.

4.2.5 Herpetofauna

Habitats on site oﬀer medium-high potential for the presence of common reptiles and great crested newts. The grassland area is of mixed tussocky sward <200 mm in length with scrub borders. Compost heaps, piles of leaves, rubble and building material may oﬀer the potential for sheltering reptiles and/or amphibians.

Ponds located immediately adjacent to site are known to support a ‘medium’ sized population of great crested newts (National Grid, 2016).

Given the potential for habitats on (or nearby) the site to support protected herpetofauna it is recommended that further surveys are carried out to ascertain the extent of any extant populations. Further surveys will help inform an appropriate mitigation strategy and to comply with current legislative requirements where required.

4.2.6 Other species

Although listed as a species of ‘Least Concern’ bluebells are highlighted in the ‘Vascular plant Red Data List for Great Britain’. Careful consideration will given to retaining as many of the plants on site as possible. It is possible to extract the bulbs during their dormant period and relocate them to an undisturbed area of the garden or include with any landscaping and planting regime.

Sweechgate, Sturry, Kent 12 5.0 Conclusions and Recommendations

5.1 Habitats

An ecological assessment of the proposed development area shows that it has a medium-high value with regards to biological diversity. The extent of the proposed development may aﬀect resting, sheltering or breeding habitat for protected species e.g, nesting birds, reptiles, great crested newts and bats. The nearby ponds are considered a priority habitat.

Careful consideration should be given to an appropriate mitigation strategy taking into account habitats on site and the protected species that they support.

Although there are several sites for nature conservation within 1 km of the development site that are considered to be valued ecological receptors, it is felt that there will be no impact during or after site operations, as they are all out of the zone of inﬂuence of the development. Furthermore impacts such as dust and noise will be minimised and carefully monitored; thus limiting impacts on adjacent habitats.

5.2 Species

Further surveys are required for the following species:

Nesting Birds

There is a requirement to avoid contravention of the legalisation relating to nesting birds in the UK (See Wildlife and Countryside Act 1981, Appendix A). It is considered an offence to intentionally take, damage or destroy the nest of any wild bird while it is in use or being built, or take or destroy the egg of any wild bird. It is also an offence to disturb any wild bird listed on Schedule 1 of the Act whilst it is nest building, or is at a nest contain eggs or young, or to disturb the dependent young of any such bird. Therefore all tree, scrub and vegetation removal should take place outside of the bird breeding season (March-August). If this is not possible then a pre- construction nesting bird survey by a suitably qualified ecologist will be required.

Bats

Works aﬀecting the existing buildings should take into account protected bats which may be present. Where buildings are likely to be aﬀected by the proposed development it is recommend that presence/likely absence surveys of all potential roost features be carried out. A total of 2 surveys, 1 dusk emergence and 1 pre-dawn re-entry survey should be carried out between May - August. Surveys should be carried out using standardised methods, in line with current guidelines e.g. Collins (2016).

Also consideration should be given to the design and implementation of a lighting strategy for the prosed development. The following guidelines are provided by the Bat Conservation Trust:

• Consider employing a competent lighting designer who will apply the principals of providing the right light, in the right place, at the right time and controlled by the right system.

Sweechgate, Sturry, Kent 13 • Minimise the spread of light to at, or near horizontal and ensure that only the task area is lit. Flat cut-oﬀ lanterns or accessories should be used to shield or direct light to where it is required and away from the woodland and hedgerows.

• Lighting column height should be carefully considered to balance task and mitigation measures.

• Consider no lighting solutions where possible.

• Use temporary close-boarded fencing until vegetation matures, to shield sensitive areas from lighting.

• Limit the times that lights are on to provide some dark periods. A lighting designer can vary the lighting levels as the use of the area changes reducing lighting levels or perhaps even switching installations oﬀ after certain times. This use of adaptive lighting can tailor the installation to suit human health and safety as well as wildlife needs.

For further information regarding bats and the eﬀects of lighting on wildlife can be found via the following websites - www.bats.org.uk and www.batsandlighting.co.uk.

Reptiles

• Works aﬀecting the grassland areas and scrub borders together with areas around the ponds should take into account protected reptile species that are likely to be present.

• It is recommend that presence/likely absence surveys of all potential habitats, likely to be aﬀected by the proposed development, be surveyed for the presence of reptiles. A total of 7 surveys should be carried out using standardised methods, in line with current guidelines.

• Where surveys identify the presence of reptiles the number of surveys should be extended to 10 surveys in order to establish a population estimate. This will help inform an appropriate mitigation strategy whereby reptiles may be relocated elsewhere on site, to a pre-prepared receptor area, or an ex-situ location.

• Where an ex-situ location is required the site must be surveyed for extant populations of reptiles using the same methods as described above. Only sites without an existing population of reptiles i.e. newly created sites, or where a low population exists provided the sites are deemed to have a greater carrying capacity, may be considered as receptor sites.

• Surveys should be carried out from April - September, taking advantage of suitable weather conditions e.g. when temperatures are in excess of 15oC, little or no rain and no or low wind conditions.

Sweechgate, Sturry, Kent 14 Great crested newts

• A total of 12 ponds have been identified with 1 km of the development site, from aerial maps and on site investigations. However, only 2 ponds (see section 3.4.4) are within the potential zone of influence of the proposed development site i.e. up to 250m and not separated by significant barriers to dispersal such as busy roads.

• All works aﬀecting both aquatic and/or terrestrial habitat within 250m of the proposed development site should take into account great crested newts, a European protected species that is likely to be present on site.

• Great crested newts are known to occupy ponds located immediately adjacent to the proposed development site, it is therefore recommend that surveys be conducted of all ponds identiﬁed within the zone of inﬂuence, as per the current published guidelines.

• A total of six surveys are recommend for each pond, using a series of techniques including torchlight surveys, bottles traps, netting and egg searches. Surveys should be carried out between mid-March to mid-June with a minimum of 2 visits in peak season (usually mid- April to mid-May).

• The results of the surveys will help inform an appropriate mitigation strategy and for a Natural England derogation licence application, which is likely to be required. Licence applications can take 8-12 weeks to process from the time of submission.

All other species

For all other species - No further action is required unless the scheme design changes and the footprint of the proposed development extends beyond the proposed site boundary. However, all building work should seek to have a ‘no net loss’ approach to biodiversity conservation in line with the National Planning Policy Framework (2012). If the scheme’s design layout changes then Cliﬀord Construction Ltd. must seek advice from an appropriately qualiﬁed ecologist.

Please note that changes to the scheme may result in a requirement for further surveys to evaluate potential ecological impacts. Ecological surveys are seasonally restricted, and indicative survey timing have been provided if necessary. If these surveys reveal the presence of a protected species, then mitigation which may be required is also seasonally restricted.

Sweechgate, Sturry, Kent 15 5.3 Ecological enhancements

The site currently provides a medium-high potential for protected or notable species. The proposed development provides the opportunity to create habitat for species of principal importance for the conservation of biodiversity, as required by the National Planning Policy Framework (2012). The following section outlines a number of recommendation aimed at enhancing the ecological resources present on site.

Key Requirements:

• To maximise the opportunities for wildlife within the development, the ornamental planting proposed on site will include species that provide a source of nectar and pollen for insects, and berries for birds. A comprehensive planting strategy will be provided by an appointed landscape team. Some examples of tree species may include ﬁeld maple (Acer campestre), common hornbeam (Carinus betulus), hawthorn (Crataegus laevigata), spindle (Euonymus europaeus), cherry (Prunus sp.), dog-rose (Rosa canina), rowan (Sorbus aucuparia), elder (Sambucus nigra) and crab apple (Malus sylvestris). Some ﬂowering plants may include species such as foxglove (Digitalis purpurea.), cowslips (Primula veris), knapweed (Centaurea sp.), ox eye daisy (Leucanthemum vulgare), bluebells (Hyacinthoides non- scripta), wood anemone (Anemone nemorosa) and, although not native, lavender (Lavandula angustifolia).

• Lighting should be designed and positioned to minimise impacts on any bats and other wildlife that may be utilising the surrounding area. Lights should avoid linear features that could be used by commuting bats such as hedgerows and site boundaries. Low pressure sodium lamps should be used as opposed to high pressure sodium or mercury lamps, and brightness should be as low as possible. Lighting should be directional, aimed only where it is needed and lighting across the site should be positioned so as to allow some completely dark areas of habitat.

• The adoption of a management practices on the site that are sensitive to biodiversity and aim to maximise the value of the site should be a priority. Such a strategy should take into account the locations of nearby ecological receptors and seek to create linkages with the wider landscape. Areas of unmanaged habitats should be left within the site, with shorter sward grassland progressing to tall sward and shrubs of various sizes, rather than mowing up to the edge of trees and shrubs.

Additional Recommendations

• Bird nest boxes should be erected within the site, on trees and buildings. These should include boxes that are suitable for the use by species known to occur in the local area, such as house sparrow;

• Traditional nest boxes may also be built into the building’s structure rather than being placed externally, by replacing bricks with open-fronted wooden boxes. Alternatively gaps can be built in the buildings’ wall and roofs, and sheltered ledges can be provided on which birds can build their nests;

Sweechgate, Sturry, Kent 16 • Features should be incorporated into the structure of new buildings that may be used by roosting bats, for example bat bricks, or gaps in masonry that allows access to cavity wall space. These should be placed in a position sheltered from strong winds and exposed to the sun for part of the day. A number of such features should be implemented, facing at least diﬀerent aspects to provide a range of conditions: from southwest to southeast. Access to roof voids may also provide roosting sites, and this can be achieved through gaps in the masonry, and/or raised lead ﬂashing/roof tiles. Such features should not be placed where there is high intensity lighting. Ideally new roost sites should be located close to linear vegetation features such as the tree line and hedgerow.

Sweechgate, Sturry, Kent 17 6.0 References and Bibliography

CIEEM (2013). Guidelines for Preliminary Ecological Appraisal.

Collins, J. (ed.) (2016). Bat Surveys for Professional Ecologists: Good Practice Guidelines. 3rd edition. Bat Conservation Trust, London.

Joint Nature Conservation Committee (2010). Handbook for Phase 1 Habitat Survey: A Technique for Environmental Audit. JNCC, Peterborough.

National Grid (2016). Richborough Connection Project, Vol. 5., Great crested newt survey report. National Grid House, Warwick.

Websites Visited: http://www.magic.gov.uk visited on [Friday, 25 March 2016] http://www.jncc.gov.uk visited on [Friday, 25 March 2016] http://www.bats.org.uk visited on [Friday, 25 March 2016] http://www.rspb.org.uk visited on [Friday, 25 March 2016] http://www.feshwaterhabitats.org.uk visited on [Friday, 25 March 2016]

Sweechgate, Sturry, Kent 18 Appendix A

Wildlife Legislation & Policy

Conservation of Habitats and Species Regulations 2010

The Conservation of Habitats and Species Regulations 2010 (SI No. 2010/490) are the principal means by which the European Habitats Directive is transposed in England and Wales. The Regulations provide for the designation and protection of a network of 'European Sites' termed Natura 2000, the protection of 'European protected species', and the adaptation of planning and other controls for the protection of European Sites.

Regulation 41 relates to the protection of European Protected Species listed under Schedule 2 of the Regulations. Taken together it is an oﬀence to undertake the following acts with regard to European Protected Species:

• deliberately capture, injure or kill any wild animal of a European Protected Species; • deliberately disturb animals of any such species in such a way as to be likely to: • impair their ability to survive, breed, rear or nurture their young, hibernate or migrate, or • aﬀect signiﬁcantly the local distribution or abundance of the species to which they belong; • deliberately take or destroy the eggs of such an animal; or • damage or destroy a breeding site or resting place of such an animal.

The disturbance offence is generally taken to refer to a discernible effect at population level and biogeographic level, rather than simply to an individual animal. However, in certain circumstances the disturbance of one individual animal may have population level effects.

The Regulations also make it an oﬀence (subject to exceptions) to deliberately pick, collect, cut, uproot, destroy, or trade in the plants listed in Schedule 5.

However, the actions listed above can be made lawful through the granting of licences (European Protected Species Licence) by the appropriate authorities (Natural England in England). Licences may be granted for a number of purposes (such as science and education, conservation, preserving public health and safety), but only after the appropriate authority has determined that the following regulations are satisﬁed:

The works under the licence are being carried out for the purposes of ‘preserving public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneﬁcial consequences of primary importance for the environment’.

• there is ‘no satisfactory alternative’ • the action 'will not be detrimental to the maintenance of the population of the species concerned at favourable conservation status in their natural range'.

To apply for a licence, the following information is required:

• The species concerned. • The size of the population at the site (note this may require a survey to be carried out at a particular time of the year).

Sweechgate, Sturry, Kent 19 • The impact(s) (if any) that the development is likely to have upon the populations. • What measures will be conducted to mitigate for the impact(s).

The Wildlife & Countryside Act 1981

The Wildlife & Countryside Act 1981 (as amended) is the principal piece of UK legislation relating to the protection of wildlife. It consolidates and amends existing national legislation to implement the Convention on the Conservation of European Wildlife and Natural Habitats (Bern Convention) and Council Directive 79/409/EEC on the Conservation of Wild Birds (Birds Directive) in Great Britain.

The Act provides protection to areas of land designated as Sites of Special Scientiﬁc Interest (SSSI).

The Act makes it an offence (with exception to species listed in Schedule 2) to intentionally kill, injure, or take any wild bird or their eggs or nests. Special penalties are available for offences related to birds listed on Schedule 1, for which there are additional offences of disturbing these birds at their nests, or their dependent young.

The Act makes it an oﬀence (subject to exceptions) to intentionally kill, injure, or take, possess, or trade in any wild animal listed in Schedule 5, and prohibits interference with places used for shelter or protection, or intentionally disturbing animals occupying such places. The Act also prohibits certain methods of killing, injuring, or taking wild animals listed in Schedule 6.

The Act makes it an oﬀence (subject to exceptions) to pick, uproot, trade in, or possess (for the purposes of trade) any wild plant listed in Schedule 8, and prohibits the unauthorised intentional uprooting of such plants.

The Act contains measures for preventing the establishment of non-native species which may be detrimental to native wildlife, prohibiting the release of animals and planting of plants listed in Schedule 9. It also provides a mechanism making any of the above oﬀences legal through the granting of licences by the appropriate authorities.

The Countryside and Rights of Way Act 2000

The Countryside and Rights of Way Act 2000 (CRoW) was passed to provide additional levels of protection for wildlife whilst also strengthening the protection aﬀorded to Sites of Special Scientiﬁc Interest.

Schedule 12 of the Act amends the Wildlife and Countryside Act 1981, strengthening the legal protection for threatened species. The provisions make certain offences 'arrestable', create a new offence of ‘reckless’ disturbance, confer greater powers to police and wildlife inspectors for entering premises and obtaining wildlife tissue samples for DNA analysis, and enable heavier penalties on conviction of wildlife offences.

Sweechgate, Sturry, Kent 20 Natural Environment & Rural Communities Act 2006

The Natural Environment & Rural Communities Act 2006 (NERC) is designed to help achieve a rich and diverse natural environment and thriving rural communities through modernised and simpliﬁed arrangements for delivering Government policy.

It was created to make provision in connection with wildlife, Sites of Special Scientific Interest, National Parks and the Broads; to amend the law relating to rights of way; to make provision as to the Inland Waterways Amenity Advisory Council; to provide for flexible administrative arrangements in connection with functions relating to the environment and rural affairs and certain other functions; and for connected purposes.

Section 40 of NERC carries an extension of the earlier CRoW Act biodiversity duty to public bodies and statutory undertakers to ensure due regard to the conservation of biodiversity. Section 41 requires the Secretary of State, as respects England, to publish a list of the living organisms and types of habitat which in the Secretary of State’s opinion are of principal importance for the purpose of conserving biodiversity. The updated list was published in May 2008.

UK Post-2010 Biodiversity Framework

The Environment Departments of all four governments in the UK work together through the Four Countries Biodiversity Group. Together they have agreed, and Ministers have signed, a framework of priorities for UK-level work for the Convention on Biological Diversity. Published on 17 July 2012, the 'UK Post-2010 Biodiversity Framework' covers the period from 2011 to 2020. Most work which was previously carried out under the UK Biodiversity Action Plan (UK BAP) is now focussed in the countries. The UK BAP partnership no longer operates. Further information about the country biodiversity strategies can be found through the country-level biodiversity web-page (http:// jncc.defra.gov.uk/page-5701).

Many of the tools developed under UK BAP remain of use, for example, background information about the lists of priority habitats and species, which can be found on the priority species and habitats web-pages (http://jncc.defra.gov.uk/page-5705). The lists of priority species and habitats agreed under UK BAP still form the basis of much biodiversity work in the countries.

The Animal Welfare Act 2006

Prior to the Animal Welfare Act 2006, people only had a duty to ensure that an animal didn’t suﬀer unnecessarily. The new Act keeps this duty but also imposes a broader duty of care on anyone responsible for an animal to take reasonable steps to ensure that the animal’s needs are met. This means that a person has to look after the animal’s welfare as well as ensure that it does not suﬀer. The Act says that an animal’s welfare needs include:

• a suitable environment (how it is housed); • a suitable diet (what it eats and drinks);

Sweechgate, Sturry, Kent 21 • the ability to exhibit normal behaviour patterns; • any need it has to be housed with, or apart from, other animals; and • protection from pain, suﬀering, injury and disease. With regards to development, this may have implications when translocations of animals are proposed. As such, care must be taken to ensure that any receptor sites are suitable for the species in terms of habitat and carrying capacity.

The Wild Mammals (Protection) Act 1996

The Wild Mammals (Protection) Act 1996 makes it an offence for any person to mutilate, kick, beat, nail or otherwise impale, stab, burn, stone, crush, drown, drag or asphyxiate any wild mammal with intent to inflict unnecessary suffering.

The Hedgerows Regulations 1997

The Hedgerows Regulations 1997 were introduced to protect hedgerows of importance from destruction. However the legislation does not apply to any hedgerow (even if it is within the list above) which is within or marking the boundary of the curtilage of a dwelling house.

For the Regulations to be applicable, the hedgerow must be at least 20 metres in length or, if less than 20 metres, it must meet another hedgerow at each end. A hedgerow is deemed to be important if it is more than thirty years old and meets at least one of the criteria listed in Part II of Schedule 1 of the Regulations.

If a hedgerow which qualiﬁes under the Regulations is to be removed, the landowner must contact the Local Planning Authority (LPA) in writing by submitting a hedgerow removal notice. The LPA then has a period of 42 days to decide whether or not the hedgerow meets the importance criteria of the regulations.

National Planning Policy Framework

The National Planning Policy Framework (NPPF) replaces Planning Policy Statement 9: Biodiversity and Geological Conservation (PPS 9) (ODPM 2005b) and sets out the view of central Government on how planners should balance nature conservation with development and helps ensure that Government meets its biodiversity commitments with regard to the operation of the planning system. One of the key principles of the NPPF is:

“LPAs should aim to conserve and enhance biodiversity by applying a number of principles, including the encouragement of opportunities to incorporate biodiversity in and around developments”.

The NPPF states that development plan policies and planning decisions should be based upon up-to-date information about the environmental characteristics of their areas, including biodiversity. It also states that the aim of planning decisions should be to prevent harm to biodiversity conservation interests and to ‘promote the preservation, restoration and re-creation of priority habitats, ecological networks and the recovery of priority species’.

Sweechgate, Sturry, Kent 22 To minimise impacts on biodiversity (in particular reference to undesignated nature conservation sites) and geodiversity, planning policies should ‘identify and map components of the local ecological networks, including the hierarchy of international, national and locally designated sites of importance for biodiversity, wildlife corridors and stepping stones that connect them and areas identiﬁed by local partnerships for habitat restoration or creation’.

Where determining planning applications, local planning authorities should aim to conserve and enhance biodiversity by applying the following principals; ‘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’; and, ‘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’.

This means that full ecological surveys should be carried out and suitable mitigation measures proposed prior to any planning application being submitted. It is common practice for planning oﬃcers to consult Natural England or other conservation bodies for advice regarding the suitability of proposals in relation to biodiversity conservation.

Sweechgate, Sturry, Kent 23 Appendix B

Site Photographs

Sweechgate, Sturry, Kent 24 Photograph 1. Amenity/neutral grassland area with parkland trees and buildings/garages. View from west to east.

Photograph 2. One of two ponds immediately adjacent to the proposed development site. Ponds are known to contain a ‘medium’ sized population of great crested newts. View from east to west.

Sweechgate, Sturry, Kent 25 Photograph 3. Gable end of building/garage showing just one of several potential roost features for roosting/sheltering bats. View from south to north

Photograph 4. Scrub border providing sheltering habitat for protected species including reptiles and amphibians. View from east to west.

Sweechgate, Sturry, Kent 26