Hazel Hill Wood, Farley, Wiltshire Ecological Assessment for The

Hazel Hill Wood, Farley, Wiltshire

Ecological Assessment for the Hideaway

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Report Number: 0167 Issue Number: 02 Date of Issue: 17th April 2018

Peach Ecology 9 Elizabeth Road Wilton Wiltshire England SP2 0JH

COPYRIGHT: Peach Ecology disclaims any responsibility to the Client and others in respect of any matters outside the scope of this document. This document has been prepared with all reasonable skill, care and diligence, within the terms of the Contract with the Client. The report has been prepared for the exclusive use of the Client and Peach Ecology accepts no responsibility of whatever nature to third parties to whom this report, or any part thereof, may be made known. Any advice, opinions, or recommendations within this document should be read and relied upon only in the context of the document as a whole and do not, in any way, purport to include any manner of legal advice or opinion. No part of this document may be reproduced without the prior written approval of Peach Ecology.

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Contents

Page

1.0 Summary 1

2.0 Introduction 2

3.0 Methodology 3

4.0 Results and Analysis 5

5.0 Requirements and Recommendations 11

Appendices Appendix A: Site location Appendix B: Existing site plan Appendix C: Proposed site plan Appendix D: Protected sites and habitats data Appendix E: Annotated site plan Appendix F: Mitigation and enhancement plan Appendix G: Protected species legislation

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1.0 Summary

The proposal is to construct a new-build off-grid accommodation building at Hazel Hill Wood. The proposals will mean that additional people will be able to stay on site when attending courses, the numbers of visitors have been agreed as part of a separate planning application as a way to maintain the integrity of the County Wildlife Site. The location for the new building has been chosen as it is close to the other buildings on site and although the existing habitat has some ecological value, mitigation and enhancement measures have been included which ensure there will be no net loss in ecological value at the site scale. Hazel Hill Wood is an area of Ancient Woodland however the area where the new building is proposed is on land that has no trees, although some young trees will need to be removed from the construction area surrounding the building. Measures have been detailed to protect important habitats and features during construction and further management measures have been set out to be included into the new proposed management plan.

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2.0 Introduction

Background 2.1 Peach Ecology was commissioned in November 2017 to carry out an Ecological Assessment of the land where the new accommodation building is proposed at Hazel Hill Woodland, Grid Reference: SU 22086 28473, located as shown in Appendix A and laid out as shown in Appendix B. This report will contribute to the planning application being submitted to Wiltshire County Council for permission to construct the new building as shown in Appendix C. 2.2 The site was surveyed in 2007 (Wilson, Clarke, Green 2007) prior to the original Eco- lodge being constructed and recommendations were made which were included into the woodland management and have since been carried out.

Description of site and surrounding area 2.3 Hazel Hill Woodland is located approximately 4 miles to the east of Salisbury. The site is situated in the Salisbury Plain and West Wiltshire Downs Natural Area, described by Natural England as follows1: ‘Salisbury Plain is a sparsely settled, predominantly agricultural area with a strong sense of remoteness and openness. The dominant element in the landscape – apart from the expansive sky – is the gently rolling chalk downland, forming part of the sweep of Cretaceous Chalk running from the Dorset coast and across the Chilterns to north of the Wash.’

2.4 The site forms part of a complex of sites including Bentley Woods Site of Special Scientific Importance (SSSI) and the Wiltshire Wildlife Trust reserve Backmoor Copse. It is surrounded by farmland used as arable land and for grazing, this consists of many individual small fields with mature hedgerows with trees at the field boundaries. The woodland is divided into ten different compartments which are coppiced on rotation. Compartment 14 where the new Hideaway building is proposed consists of a W10a sub community although due to the coppicing of hornbeam more mature oaks have been excluded by management. A management plan exists for the woodland although this is being updated and advice has been sought from Butterfly Conservation on management of the woodland, paths and rides.

Brief 2.5 To carry out an Ecological Assessment of the immediate area where the new Hideaway building is proposed and inform the clients of any ecological implications associated with the proposals.

1 Natural Areas are defined by Her Majesty’s Stationery Office as ‘biogeographic zones which reflect the geological foundation, the natural systems and processes and the wildlife in different parts of England, and provide a framework for setting objectives for nature conservation' (Biodiversity: The UK Steering Group Report, HMSO, 1995). www.peachecology.co.uk 07887 248031 Page 2

3.0 Methodology

Desk Study

3.1 This involved gathering ecological data relating to statutory nature conservation sites, protected habitats and species from 2km and beyond, the results of which are shown in Appendix D. A search was undertaken using Multi-Agency Geographic Information for the Countryside (MAGIC), a DEFRA run website, to check for European Protected Species licences and areas of Ancient Woodland nearby. Ordnance Survey maps and aerial images were assessed to check for other relevant data on notable habitats and species nearby including wildlife corridors where the site connects into the surrounding area. A protected species and habitats data search was undertaken within 2km of the site with Wiltshire and Swindon Biological Records Centre (WSBRC).

Site Assessment

3.2 The site was assessed on the 29th November 2017 by Davog McCloskey and Clare Halliday. The visits employed techniques based on standard Phase I Habitat Survey methodology (CIEEM, 2016). Habitat types on and adjacent to the site were identified according to standard habitat definitions. The collection of botanical information focused on the dominant and key indicator species for each habitat type, some samples were taken home and a range of different keys were used to identify these where necessary. The site survey included an assessment of the habitats immediately adjacent to the site, where possible, to look at the value of the site within the local landscape and to see whether these sites supported protected species. Indicative methodologies for the most likely protected and notable species that could occur on site and be impacted by the proposals are set out below. An annotated site plan is shown in Appendix E.

Bats

3.3 Any trees potentially impacted by the proposals were inspected in accordance with current survey guidance (Bat Conservation Trust, 2016) for roosting features which could support bats and for bat commuting and foraging potential. Trees were checked for ivy cover, crevices and rotten sections. The area where the new building is proposed was assessed for its bat commuting and foraging potential with the aim of determining the impact of a new building at the location, especially the impact in relation to lighting.

Birds

3.4 Vegetation was surveyed for signs of breeding birds and any nesting activity was noted along with birds in the area.

Badgers

3.5 Any areas that could be used for foraging or could potentially contain a Badger sett were surveyed and any signs noted. Signs include active or disused setts, digging, latrines and dung pits, foraging signs like snuffle holes, footprints, hairs and mammal tracks. www.peachecology.co.uk 07887 248031 Page 3

Dormice

3.6 The suitability of the habitat was assessed for dormice in terms of the trees and shrubs and the sites connectivity into the wider landscape. Any small mammal feeding signs were checked and assessed, these include teeth marks on nuts and seeds and any evidence of nest building.

Great Crested Newts

3.7 Any ponds on site and within the vicinity of the site were noted and the potential of the land to act as a commuting route, shelter or foraging resource for great crested newts was assessed.

Reptiles

3.8 Habitat features suitable as hibernating, foraging or basking areas were noted. These were all carefully examined to look for reptiles or for evidence of reptiles, including shed skins.

Hedgehogs

3.9 The site was searched for signs of hedgehogs including looking for areas of suitable habitat, searching for mammal tracks and droppings and deep piles of leaves. Any composting piles of logs or tree roots were noted.

Invertebrates

3.10 The area of habitat impacted by the proposals was assessed in terms of rare and notable species of invertebrates, most notably pearl bordered fritillary.

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4.0 Results and Discussion

Desk study

4.1 Two statutory sites of nature conservation importance were found within 2km of the site, to the east, Bentley Wood and Blackmoor Copse SSSI. Blackmoor Copse is a nature reserve managed by the Wiltshire Wildlife Trust, it is an area of botanically and entomologically rich broadleaved woodland and is well known as a butterfly site: over 40 species were recorded in the 1950’s. The contemporary fauna is more limited, with 29 species recorded. However, this does include species typical of established woodland, such as the white admiral, purple emperor, pearl-bordered fritillary and a large population of silver-washed fritillary. The dormouse is also well established on this site.

4.2 Bentley Wood is a large complex of woodland that is on the site of Ancient Woodland, it has been replanted with oak, beech, spruce and pine during the post- war period which have assisted the survival of a large variety of butterfly species, most notably woodland varieties, associated with the wider flowery rides. It is one of very few sites in the country which supports six species of British fritillary, namely the pearl-bordered, small pearlbordered, silver-washed, high brown, marsh and dark green. In addition it has a large population of purple emperor, white admiral and purple hairstreak. Other less common species are Duke of Burgundy, holly blue, marbled white and Essex skipper. The area is also extremely important for moths, with over three hundred species recorded in 1983. Notable species include the rosy footman, phoenix, leopard, scallop shell, lunar spotted pinion, white satin, festoon, scarce burnished brass, olive, maple mocha, beautiful carpet and several species of hawkmoth.

4.3 Due to the relatively small scale and extent of the proposals and the degree of separation it is unlikely that the development will impact directly upon these statutory conservation sites. It is important however that the proposals follow appropriate pollution prevention and drainage guidelines. The habitats and flora associated with waterways and ground water are sensitive to changes cumulatively, from different impacts locally so every development should consider and mitigate for their own impact with regards drainage and pollution.

Site Assessment

Habitats 4.4 Habitats recorded within the site boundary and immediate vicinity comprised of: • Woodland (trees and ground flora)

Woodland 4.5 The vegetation where the new building is proposed has been maintained short and open, blue rope is in place to mark the outline of the structure (Photo 1). Although the survey was undertaken at the end of November an analysis of the vegetation present along with an assessment of previous NVC surveys enabled the habitat to be classified as a W10a sub community. No mature trees were present although some very small coppice stumps of hornbeam were located where the building is proposed

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and hornbeam was beginning to regenerate. Other species present in the ground flora included Wood spurge Euphorbia amygdaloides (AWI), Common dog-violet Viola riviniana (AWI), Spear thistle Cirsium vulgare, Bluebell Hyacinthoides non- scripta, Ivy Hedera helix, Herb-Robert Geranium robertianum, Wood spurge Euphorbia amygdaloides, Honeysuckle Lonicera periclymenum, Bramble Rubus fruticosus, Male fern Dryopteris filix-mas, Yorkshire fog Holcus lanatus, Cocksfoot Dactylis glomerate, Tufted hair-grass Deschampsia cespitosa, False brome Brachypodium sylvaticum, likely Wood sedge Carex sylvatica, Common tamarisk- moss Thuidium tamariscinum, Catherine’s moss Atrichum undulatum. Just beyond where the new building is to be located are trees including Oak Quercus sp., Silver birch Betula pendula, Hawthorn Crataegus monogyna, Holly Ilex aquifolium and Hornbeam Carpinus betulus. Stag’s Horn fungus Xylaria hypoxylon was also present on some dead wood at ground level.

Photo 1: View of the site looking south with blue rope marking building outline just visible

4.6 The whole site has been identified as Ancient Woodland and there are other Ancient Woodland sites to the south and west within 400m. Ancient woodland is any wooded area that has been wooded continuously since at least 1600 AD. It includes ‘ancient semi-natural woodland’ mainly made up of trees and shrubs native to the site, usually arising from natural regeneration. Ancient semi-natural woodland and plantations on ancient woodland sites have equal protection under the National Planning Policy Framework. Ancient Woodlands do not need to be wooded continuously, there doesn’t have to be a continuous tree cover across the entirety of the whole site, as is the case where the new building is to be located. Open space, both temporary and permanent, is an important component of woodlands. The new building will be raised

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off the ground to minimise the impact on the soil, this will enable fungal hyphae to continue to grow below the building maintaining an element of the ecological functionality of the Ancient Woodland status, although shrubs and trees etc will not be able to grow due to the shading. The loss of the small area of habitat for the building could be offset by enhancing other areas of the site, widening tracks and planting new hedgerows in conjunction with amendments to the management plan for the site. If this can be secured then the overall impact of the scheme would be positive and there would be no net loss in biodiversity. 4.7 During construction, work will need to take place in a sensitive way to preserve the soil (roots and fungi) and construction traffic and the storage of materials will need to exclude these sensitive areas close to the trees and woodland. There are different methods of constructing the new building, with standard footings being the most damaging method. Raising the new dwelling off ground level by means of piling would be the least disruptive style of building in the long term.

Recreational impact and impact on integrity of the County Wildlife Site 4.8 Hazelhill Woodland has been classified as a County Wildlife Site as it is a Broadleaved plantation Ancient Woodland site (HW1.3). The proposals will not directly impact the integrity of the site as the proposals are small and localised however there is the potential for a small indirect impact due to recreation. CP50 of the Wiltshire Core Strategy and the National Planning Policy Framework require that the planning authority ensures protection of important habitats and species in relation to development and seek biodiversity enhancements through the planning system, these measures are delat with further below. 4.9 Wiltshire County Council granted permission for Planning Application Reference Number: 16/00986/VAR for the Proposed variation of condition 22 of application S/2004/0237 to vary the condition relating to occupancy level. Condition 2 now states that The Educational use which is only in connection with the use of the land for forestry and other woodland related activities, hereby permitted, shall not exceed 18 days in any calendar month nor exceed a total of 120 days in any one calendar year. Days for this purpose means a 24hour period, which includes the following night. The Conservation use which is only in connection with the use of the land for forestry and other woodland related activities, hereby permitted, shall not exceed 6 days in any calendar month nor exceed a total of 40 days in any one calendar year. Days for this purpose means a 24hour period, which includes the following night. REASON: To enable to Planning Authority to retain planning control over the use of the buildings and land hereby permitted. 4.10 Conditions 3 and 4 of this permission also relate to the use of the land and buildings. The new proposals will not result in any impacts to the habitats from additional people on site, this will be carefully monitored. The presence of people on site ensures that paths and rides are maintained open therefore any increase in numbers of people should correlate and be directly proportional to site management, especially where enhancements are made to areas of butterfly habitat.

2 The educational use which is only in connection with the use of the land for forestry and other woodland related activities, hereby permitted, shall not exceed 10 days in any calendar month nor exceed a total of 70days in any one calendar year. Days for this purpose means a 24hour period, which includes the following night.

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Bats 4.11 No bats were found at the time of initial survey in trees impacted by the proposals, a simple ground based assessment was undertaken of the trees being removed and although these had some ivy cover their bat roosting potential was negligible. Many of the trees within the greater woodland and along the southern boundary have high bat roosting potential, these trees are not proposed to be impacted by the proposals. 4.12 The site and the surrounding areas have high quality bat commuting and foraging habitat. One EPS licence for bats has been granted within 2km (2014-5917-EPS- MIT) this is for brown long-ear, common pipistrelle and serotine. At least 10 different species of bats have been recorded within 2km of the site, these include lesser horseshoe bats and barbastelle bats, both Annex II species3. The small loss of habitat on site will have a negligible impact on bats, as long as there are no additional light impacts associated with the proposals. External lighting must be avoided or be pointed down to where it is needed as lighting has been shown to have a detrimental effect on some species of bats when they are commuting or foraging.

Reptiles 4.13 Adders, grass snakes, slow worm and common lizards have all been recorded within 2km of the site and all are likely to be found in more open areas of the wood or along paths and rides. The site visit found that the construction area had some potential for reptiles as the vegetation, consisting of mostly rough grassland, was short but still provided some cover at ground level. The surrounding dense woodland however would appear to form a barrier with high levels of shade making it unlikely that reptiles would venture into the construction area so the proposals are unlikely to have an impact on reptiles.

Great crested newts and amphibians 4.14 Great Crested Newts have been recorded within 2km of the site as shown by the protected species data search. There are a number of ponds on site and just outside the site boundary, all of which are suitable for great crested newts. There are no ponds within the construction area or in the immediate vicinity of where the new building is proposed. The greater site and the immediate construction area are suitable as great crested newt terrestrial habitat however the small scale of the proposals mean that it is unlikely that there will be any negative impact on newts.

Dormice 4.15 There are multiple recent records of dormice from within 2km of the site and the habitat within Hazelhill Wood is optimal for dormice. It is reasonable to assume that dormice may be present on site although no signs were noted during the site visit. The proposals will result in the loss of approximately three trees, trees which are not particularly ecologically significant, especially at the site scale – the wood is a working woodland so this small loss will have a negligible impact on dormice. The construction of the new building will require only small amounts of vegetation clearance, in addition to the tree removal, mostly bracken and grassland. A European Protected Species licence is not thought to be necessary before undertaking any

3 For those listed in Annex II of the Habitats Directive core areas of their habitat must be protected and the sites managed in accordance with the ecological requirements of the species

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vegetation removal although this should be undertaken under a method statement in a sensitive manner under ecological supervision by a licensed dormouse ecologist. Further details on this and the scheduling of works is included below. 4.16 Appropriate management of the hornbeam surrounding the proposed building location would benefit dormice in the long term in conjunction with the planting of new hedgerow on site.

Badgers 4.17 There were no signs of badger hairs, tracks, footprints, foraging or setts recorded in the vicinity of where the new building is proposed, it is unlikely that badgers will be impacted by the proposals.

Birds 4.18 Songthrush, wren, blue tit and robin were all recorded close to where the building is proposed during the survey, a buzzard was recorded flying overhead. At least 40 different species of birds have been recorded within 2km of the site, some of these are ground nesting birds like the nightjar which could potentially nest in a woodland clearing like the one present currently where the new building is proposed. The clearing is small however and there were no signs of any breeding behaviour. The trees proposed to be removed were tall and spindly so had little in the way of value for nesting birds although the smaller shrubbier hornbeam and hazel would offer some potential for more common bird species to nest. 4.19 The proposals are unlikely to cause a significant impact to nesting birds and there are opportunities to enhance habitats for birds by laying some of the surrounding hornbeam and by planting some new hedgerow on site, at the boundaries to create a more diverse woodland edge. Any vegetation clearance should be undertaken outside of the bird nesting season unless it is overseen by an ecologist. Incorporating a range of nest boxes for rarer bird species like house sparrows and swifts into the new building will be an enhancement for these species. Erecting an owl box on a tree in the woodland nearby to the new building would also be suitable for the site as would a range of other boxes for species like flycatchers.

Hedgehogs 4.20 The site provides good opportunities for foraging and hibernating hedgehogs and it is likely that hedgehogs are present on site or within the vicinity, they have been recorded nearby recently. Hedgehogs will need to be considered when any vegetation is removed on site and it is recommended that this is undertaken under ecological supervision - If any hedgehogs are found they can be moved out of harms way to a suitable area of long vegetation outside of the construction boundary. The new building, raised off the ground could benefit hedgehog by creating a safe area for them with cover.

Invertebrates 4.21 The site is known to be important for butterflies and moths, most notably pearl bordered fritillary, and the area where the building is proposed would be described as suitable habitat for the species as the larval food plant, common dog violet, is present. The butterfly is rare throughout Europe and has suffered a long-term decline in both distribution and population. The cessation of coppicing in woodlands, which

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creates the right habitat for the adult and that encourages vigorous growth of the foodplant, is believed to be a primary cause of the decline. This species is therefore a priority species for conservation efforts. Surveys took place in 2001 and 2007, identifying habitat for the species and advising on management measures. Although the area impacted is relatively small the loss is likely to have a small impact on the species and therefore additional ride enhancement should take place to mitigate the impact. An assessment of the site was undertaken by Steven Davis from Butterfly Conservation in 2017 and rides and paths were identified with scope to be improved to benefit this and other species of butterfly. A well managed woodland for this species requires several cleared areas in different stages to ensure the continuity of habitat from recently cleared to full woodland. If the loss of habitat can be compensated for with the creation of new clearings and these are appropriately managed then the construction of the new accommodation building can have a positive impact on this species.

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5.0 Requirements and Recommendations

Ancient woodland protection during construction

5.1 A Construction Environment Management Plan will need to be prepared to give to the site contractors to prevent harm during construction to trees, habitats and species. This will have details on access, storage of equipment and materials, timing and works. 5.2 Appropriate fencing will need to be erected prior to construction to protect the retained trees from root compaction and damage. All construction works taking place in the vicinity of retained vegetation should conform to British Standard 5837:2005 Trees ln Relation to Construction.

Vegetation clearance and tree removal 5.3 Any areas of vegetation or grassland within the development area will be maintained short by strimming any vegetation to ground level in a methodical manner working towards the woodland. This will be undertaken under ecological supervision. 5.4 Trees will be cut down outside of the bird nesting season which runs from March – August or under ecological supervision. Log piles will be created from the trees being removed and these will be left in a location outside of the construction zone.

Birds 5.5 At least two house sparrow nest boxes will be built into or attached to the exterior of the new building. 5.6 An owl box will be erected on a tree in the woodland nearby to the new building 5.7 A flycatcher nest box will be erected on a tree near to the new building.

Construction of the new dwelling 5.8 The new building will be raised off the ground so there is minimal impact to roots and soil.

Landscaping and management 5.9 The hornbeam surrounding the proposed Hideaway building will be layed. 5.10 The site enhancements in Appendix F will be undertaken. 5.11 All recommendations will be included into an updated management plan.

Pollution prevention and drainage

5.12 It is important that the proposals follow appropriate pollution prevention guidelines (PPG 6) and drainage guidelines (Defra guidelines for Sustainable Urban Drainage) to protect habitats connected hydrologically.

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Lighting

5.13 External lighting associated with the proposals will either be avoided of if necessary, will be maintained to an absolute minimum, will be directed down to where it is needed and away from any trees, hedges or wildlife boxes.

Other

5.14 The clearance of any vegetation should take place under ecological supervision and if any signs of great crested newts or dormice are recorded then work will stop until Natural England is consulted.

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Appendix A: Site location

The Site

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Appendix B: Existing site plan

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Appendix C: Proposed site plan

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Appendix D: Protected sites data

The Site

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Appendix E: Annotated site plan

Woodland ground flora

Trees

Hornbeam scrub

Track with grassy vegetation

Site for The Hideaway

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Appendix F: Mitigation and enhancement plan

Existing ride to be widened by scalloping either side where possible, especially to the east near the buildings. In winter, bracken to be cut and raked/removed over winter.

A simple ride structure would encompass a 1-2m strip that is cut regularly then a 2-4m scalloped strip that is cut every 2-7 years. Opposite sides of rides to be cut at different times of year on rotation. When reinforcing the track for vehicles, reinforce only the necessary wheel trackways. Any storage of materials to take place on areas of cleared ground close to the existing buildings, materials to be stored on pallets where possible and away from tree root protection areas.

Existing hornbeam scrub to be laid surrounding the new building to create a habitat and prevent it getting too ‘leggy’ – this will be managed to retain it short in future. Proposed location of The Hideaway At least two house sparrow nest boxes will be built into or attached to the exterior of the new building. An owl box will be erected on a tree in the woodland nearby to the new building. A flycatcher nest box will be erected on a tree near to the new building.

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Appendix G: Protected species legislation

European Protected Species Bats These species are listed in Schedule 5 of the Wildlife and Countryside Act 1981 (as amended) and Schedule 2 of the Conservation of Habitats and Species Regulations 2010. They are afforded full protection under Section 9(4) of the Act and Regulation 41 of the Regulations. These make it an offence, inter alia, to:

• deliberately capture, injure or kill any such animal; • deliberately disturb any such animal, including in particular any disturbance which is likely: o to impair its ability to survive, breed, or rear or nurture their young; o to impair its ability to hibernate or migrate; o to affect significantly the local distribution or abundance of that species; or • damage or destroy a breeding site or resting place of any such animal; or • intentionally or recklessly disturb any of these animals while it is occupying a structure or place that it uses for shelter or protection; or • intentionally or recklessly obstruct access to any place that any of these animals uses for shelter or protection. In addition, five British bat species are listed on Annex II of the Habitats Directive. These are: • Greater horseshoe bat (Rhinolophus ferrumequinum); • Lesser horseshoe bat (Rhinolophus hipposideros); • Bechstein’s bat (Myotis bechsteinii); • Barbastelle (Barbastella barbastellus); • Greater mouse-eared bat (Myotis myotis). In certain circumstances where these species are found the Directive requires the designation of Special Areas of Conservation (SACs) by EC member states to ensure that their populations are maintained at a favorable conservation status. Outside SACs, the level of legal protection that these species receive is the same as for other bat species.

Dormouse (Muscardinus avellanarius), European otter (Lutra lutra) and Great Crested Newt (Triturus cristatus) These species are listed in Schedule 5 of the Wildlife and Countryside Act 1981 (as amended) and Schedule 2 of the Conservation of Habitats and Species Regulations 2010. They are afforded full protection under Section 9(4) of the Act and Regulation 41 of the Regulations. These make it an offence, inter alia, to:

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Nationally Protected Species Badger (Meles meles) The Protection of Badgers Act 1992 consolidates previous legislation (including the Badgers Acts 1973 and 1991 Badgers (Further Protection) Act 1991). It makes it a serious offence to:

• kill, injure or take a badger; • attempt to kill, injure or take a badger; or • to damage or interfere with a sett. The 1992 Act defines a badger sett as “any structure or place which displays signs indicating current use by a badger”.

Breeding Birds With certain exceptions4, all wild birds, their nests and eggs are protected by section 1 of the Wildlife and Countryside Act 1981 (as amended). Therefore, it is an offence, inter alia, to:

• intentionally kill, injure or take any wild bird; • intentionally take, damage or destroy the nest of any wild bird while it is in use or being built; or • intentionally take or destroy the egg of any wild bird. These offences do not apply to hunting of birds listed in Schedule 2 subject to various controls.

Bird species listed on Schedule 1 of the Act receive further protection, thus for these species it is also an offence to:

• intentionally or recklessly disturb any bird while it is nest building, or is at a nest containing eggs or young; or • intentionally or recklessly disturb the dependent young of any such bird.

Reptiles The four widespread5 species of reptile that are native to Britain, namely common or viviparous lizard (Zootoca vivipara), slow worm (Anguis fragilis), adder (Vipera berus) and grass snake (Natrix natrix helvetica), are listed in Schedule 5 of the Wildlife and Countryside Act 1981 (as amended) and are afforded limited protection under Section 9 of this Act. This makes it an offence, inter alia, to:

• intentionally kill or injure any of these species.

4 Some species, such as game birds, are exempt in certain circumstances

5 The other native species of British reptile (sand lizard and smooth snake) receive a higher level of protection under the Habitats Regulations 1994 and (in England and Wales only) the Wildlife and Countryside Act 1981 (as amended). However, the distribution of these species are restricted to only a very few sites. All marine turtles (Cheloniidae and Dermochelyidae) are also protected.