Land off Eckington Road, Coal Aston 11158_R02_Ecology Briefing Note

1.0 Introduction

1.1 This technical note has been prepared by Tyler Grange LLP on behalf of Richborough Estates Ltd following desktop analysis and preliminary fieldwork undertaken in September 2017. This report aims to advise upon the feasibility of development of the Land off Eckington Road, Coal Aston (hereafter referred to as ‘the site’) in terms of ecological opportunities and constraints.

1.2 This report is not a comprehensive assessment of ecology issues as phase 2 surveys are yet to be completed. It is intended that this work will inform potential development going forward, including providing initial design advice to inform the future layout.

1.3 The report should be read alongside the Habitat Features Plan (11158/P04) that is included at the rear of this report.

2.0 Site Context

2.1 The site is located to the north-east of Coal Aston, a community to the north-east of Dronfield, North East Derbyshire.

2.2 The site is centred on OS grid reference SK 36792 79683 and extends to approximately 9.5 hectares (23.5 acres). The site comprises a series of grassland fields bound by hedgerows and trees with the existing farmhouse with associated agricultural buildings in the centre of the site. The site is bounded to the north by woodland with a drainage ditch running within the woodland beyond the site boundary.

2.3 The site boundaries and immediate surrounding comprise:

• To the north – the site is bound by woodland (deciduous woodland as listed on the Priority Habitat and National Forest Inventory (MAGIC, 2017)) and hedgerow and tall ruderal vegetation surrounding an existing pumping station building. Farmland is present beyond this, to the north; • To the south – the site is bound by Eckington Road (B6056) with residential houses beyond; • To the east – the site boundary is defined by a field hedge, with further farmland beyond; and • To the west – the site boundary is defined by hedgerows and woodland, with the playing fields off Birches Lane and residential housing beyond.

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3.0 Legislation and Planning Policy Context

3.1 This section briefly summarises the legislation and local planning policies, relevant to the baseline ecology results.

Legislation

3.2 Specific habitats and species receive legal protection in the UK under various pieces of legislation, including:

• The Wildlife and Countryside Act (WCA) 1981 (as amended); • The Conservation of Habitats and Species Regulations 2010; • The Countryside and Rights of Way (CRoW) Act 2000; • The Natural Environment and Rural Communities (NERC) Act 2006; • The Hedgerows Regulations 1997; and • The Protection of Badgers Act 1992.

3.3 The European Council Directive on the Conservation of Natural Habitats and of Wild Flora and Fauna, 1992, often referred to as the 'Habitats Directive', provides for the protection of key habitats and species considered of European importance. Annexes II and IV of the Directive list all species considered of community interest. The legal framework to protect the species covered by the Habitats Directive has been enacted under UK law through The Conservation of Habitats and Species Regulations 2010 (as amended).

3.4 In Britain, the WCA 1981 (as amended) is the primary legislation protecting habitats and species. Sites of Special Scientific Interest (SSSIs), representing the best examples of our natural heritage, are notified under the WCA 1981 (as amended) by reason of their flora, fauna, geology or other features. All breeding birds, their nests, eggs and young are protected under the Act, which makes it illegal to knowingly destroy or disturb the nest site during nesting season. Schedules 1, 5 and 8 afford protection to individual birds, other animals and plants.

3.5 The CRoW Act 2000 strengthens the species enforcement provisions of the WCA 1981 (as amended) and makes it an offence to 'recklessly' disturb a protected animal whilst it is using a place of rest or shelter or breeding/nest site.

3.6 Section 41 of the NERC Act 2006 lists UK priority species and habitats subject to conservation action and are referred to as Species of Principal Importance (SoPIs) or Habitats of Principal Importance (HoPIs). Section 41 of the NERC Act states that local planning authorities must have regard for the conservation of both SoPIs and HoPIs.

3.7 The Protection of Badgers Act 1992 consolidates the previous Badger Acts of 1973 and 1991. The legislation aims to protect the species from persecution, rather than being a response to an unfavourable conservation status. As well as protecting the animal itself, the 1992 Act also makes the intentional or reckless destruction, damage or obstruction of a badger sett an offence. A sett is defined as 'any structure or place which displays signs indicating current use by a badger'. In addition, the intentional elimination of sufficient foraging area to support a known social group of badgers may, in certain circumstances, be construed as an offence by constituting 'cruel ill treatment' of a badger. Badgers are not the subject of conservation action.

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Planning Policy

National Planning Policy

3.8 The relevant adopted policy at the national level is set out in The National Planning Policy Framework (NPPF, 2012), which replaces Planning Policy Statement 9 (PPS9) Biodiversity and Geological Conservation (2005). The NPPF aims to make the planning system less complex and more accessible, to protect the environment and to promote sustainable growth. It sets out the key principles of ensuring that development is sustainable and that the potential impacts of planning decisions on biodiversity and geological conservation are fully considered (although the presumption in favour of sustainable development does not apply where development requiring appropriate assessment under the Birds or Habitats Directives is being considered, planned or determined).

3.9 Outline principles state that planning should:

• Contribute to conserving and enhancing the natural environment and reducing pollution. Allocations of land for development should prefer land of lesser environmental value, where consistent with other policies in this Framework; and

• Promote mixed use developments, and encourage multiple benefits from the use of land in urban and rural areas, recognising that some open land can perform many functions (such as for wildlife, recreation, flood risk mitigation, carbon storage, or food production).

3.10 Chapter 11, Conserving and Enhancing the Natural Environment, sets out several planning protocols, as follows:

• The NPPF provides guidance as to the protection of statutorily designated sites, including international sites, National Nature Reserves (NNR) and Sites of Special Scientific Interest (SSSIs), as well as non-statutory regional and local sites. The NPPF also addresses development and wildlife issues outside these sites and seeks to ensure that planning policies minimise any adverse effects on wildlife; • The NPPF places emphasis on local authorities to further the conservation of those habitats of principal importance, or those habitats supporting species of principal importance, which are identified in Section 41 of the NERC Act 2006; • The NPPF requires that adverse effects of development on species of principal importance should be avoided through planning conditions or obligations and that planning permission should be refused where harm to these species, or their habitats, may result, unless the need for and benefits of the development clearly outweigh the harm; • The NPPF requires that opportunities for improving biodiversity within developments should be maximised. It states that development proposals where the primary objective is to conserve or enhance biodiversity should be permitted and that opportunities to incorporate biodiversity in and around developments should be encouraged; and • The NPPF states that by encouraging good design, planning policies and decisions should limit the impact of light pollution from artificial light on local amenity, intrinsically dark landscapes, and nature conservation.

3.11 The Government Circular 06/20054 accompanies the National Planning Policy Framework and sets out the application of the law in relation to planning and nature conservation in England.

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Local Planning Policy

3.12 The site falls within the administrative district of North East Derbyshire Council. Local planning policy pertinent to ecological matters in relation to development is provided below.

North East Derbyshire Council Local Plan (2001 – 2011)

3.13 This is the current adopted policy document, adopted on the 28th November 2015. However, a new policy document, the Local Plan (2011 – 2033) is currently at the draft consultation stage.

• Policy NE3 - Protecting and Managing Features of Importance to Wild Flora and Fauna Planning permission for development in features of importance to wild flora and fauna, or likely to have an adverse impact upon the integrity or continuity of such features, will not be permitted unless it can be clearly demonstrated that there are benefits resulting from the development which would outweigh the importance of the feature to wild flora of fauna. Where a development would result in a loss of habitat, the Council will seek to maintain and enhance biodiversity within the District by securing the creation, enhancement and/or management of habitats in or adjacent to new development.

• Policy NE4 - Sites of National Importance for Nature Conservation Planning permission for development in or likely to have an adverse impact on Sites of Special Scientific Interest will only be granted if there are overwhelming benefits resulting from development which would outweigh their national importance for nature conservation. Where necessary the Council will impose conditions or seek to negotiate a section 106 obligation to secure appropriate mitigation and/or compensatory measures to protect the nature conservation interests of the site.

• Policy NE5 - Other sites of Importance for Nature Conservation Planning permission for development in or likely to have an adverse impact upon any other site important for nature conservation, including Derbyshire Wildlife Sites and Regionally Important Geological Sites, as identified on the Proposals Map, will only be granted if it can be clearly demonstrated that satisfactory mitigation measures can be implemented, or there are benefits resulting from development which would outweigh the nature conservation importance of the site. Where necessary the Council will impose conditions or seek to negotiate a section 106 obligation to secure appropriate mitigation and/or compensatory measures to protect the nature conservation interests of the site.

• Policy NE6 - Development Affecting Nationally Rare Species Planning permission for development likely to have an adverse impact upon species with no or very limited legal protection and which are known to be nationally rare will only be granted if: (a) mitigation and/or compensatory measures can be put in place that allows the favourable conservation status of the species to be maintained on site; (b) the development is necessary to preserve public health or safety; or (c) there are imperative reasons or overriding public interest and there are no alternative solutions to the proposed development. The Council will impose conditions or seek to negotiate a section 106 obligation to secure the provision of any appropriate mitigation measures to protect the status of the species on site.

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• Policy NE7 - Protection of Trees and Hedgerows Planning permission will not be granted for development that would have a direct or indirect detrimental effect on established or ancient woodland, important hedgerows or trees that make a significant contribution to the character or amenity of the area.

• Policy NE8 - Tree Planting Proposals for development will be expected to retain existing trees that contribute to the quality and amenity of the local environment. Where this is not practical, their replacement by means of an approved landscaping scheme utilising native species will be required.

North East Derbyshire Local Plan (2011 – 2033) – Consultation Draft, February 2017

3.14 The site is shown within this draft document as land to be removed from greenbelt with an indication for future residential development.

• Policy SS1: Sustainable Development In order to contribute to sustainable development in North East Derbyshire, development proposals should protect, create and / or enhance the character, quality and diversity of the District’s green infrastructure and local landscapes, the wider countryside and ecological and biodiversity assets

• Policy SDC2: Trees, Woodland and Hedgerows Proposals for development should provide for the protection and integration of existing trees, woodland and hedgerows for their wildlife, landscape, and/or amenity value.

Development that would result in the unacceptable loss of, or damage to, or threaten the continued well-being of protected trees, hedgerows, orchards, veteran trees or woodland (including those not protected but considered worthy of protection), will not be permitted.

Where trees, woodland or hedgerows will be lost to development and this is considered to be acceptable, suitable replacement planting on site where it is practicable to do so, or off-site if not, will be required.

• Policy SDC4: Biodiversity and Geodiversity Development proposals should seek to conserve biodiversity and geodiversity, and actively enhance biodiversity in order to provide net gains wherever possible.

The Council will seek to ensure new development maintains, enhances, and extends networks of natural habitats. Proposals for improved access, recreation and tourism within such networks will be encouraged where they are compatible with biodiversity aims.

Development proposals will not be permitted where they would result in significant harm to biodiversity or geodiversity, including protected species and sites of international, national and local significance, ancient woodland, and species and habitats of importance identified in the United Kingdom and Derbyshire Biodiversity Action Plan.

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Development proposals will be expected to incorporate measures to enhance biodiversity within or around the development site, and to contribute to the consolidation and development of local ecological networks, including beyond the District’s boundary. Measures should be appropriate and compatible with existing biodiversity, ecosystems and designated wildlife sites.

Protected Sites

Development that is likely to have significant effects upon internationally designated sites (SPAs, SACs and Ramsar sites inside and outside the district) will not be permitted unless it can be demonstrated that there would be no adverse impacts on the integrity of the site, or the proposal is able to pass the further statutory tests of ‘no alternatives’ and ‘imperative reasons of overriding public interest’.

Development proposals which are likely to adversely impact upon a Site of Special Scientific Interest, a Local Nature Reserve, a Derbyshire Local Wildlife Site, a Regionally Important Geological Site, or Priority Habitats will not be permitted unless it can be demonstrated that the benefits of the development in the proposed location would:

a) significantly and demonstrably outweigh the adverse impact; and

b) make a significant contribution to the management of the site, the creation of new habitats or new ecological networks.

Protected Species

Development proposals which would have a demonstrable adverse impact on protected species or their habitats including sheltering or resting places, will not be permitted unless there are demonstrable reasons of overriding public importance for European Protected Species or, in the case of other protected species, the benefits of development significantly and demonstrably outweigh the adverse impacts; and adequate mitigation or compensation measures can be provided.

North East Derbyshire Sustainable Buildings Supplementary Planning Document (SPD) November 2011.

Interim Policy – Creating Sustainable Buildings

3.15 All new Major Development will be required to incorporate the following features:

b) A high quality external environment (such as incorporating public and private open space that affords a choice of shade and shelter and which recognises the opportunities for flood storage (where appropriate), wildlife and people provided by multifunctional green spaces); and c) Sustainable water management techniques (such as the use of SuDS and green roofs and taking into account both river flows and surface water run off).

4.0 Ecology Context

4.1 A Phase 1 habitat survey was conducted on the 22nd September 2017 by Katherine Bubb, an experienced field ecologist and full member of the Chartered Institute of Ecology and Environmental Management (CIEEM).

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4.2 The habitat survey methodology was based upon guidance set out in the ‘Handbook for Phase 1 habitat survey’ (JNCC, 2010). This entailed recording the main plant species and classifying and mapping broad habitat types present.

4.3 Note was taken of the more conspicuous fauna and any evidence of or potential for the presence of protected/notable flora and fauna.

4.4 Weather conditions during the survey were bright (cloud cover 30%) and sunny (air temperate approximately 17ºC) with a light breeze (wind Beaufort scale 2). Rain commenced towards the end of the survey.

4.5 A data search was undertaken in October 2017. The 'study area' extends to a 1km radius for protected and priority species records, 2km for non-statutory site designations and nationally designated statutory sites and a 5km radius for European statutory site designations. The study area was extended to 2km for bats. The following organisations and resources were contacted and consulted;

• Derbyshire Biological Records Centre (DBRC) for protected and priority1 species and habitats, and locations of non-statutory sites; • Sheffield Biological Record Centre for bat species records; • Multi-Agency Geographic Information for the Countryside (MAGIC) Interactive Maps, for locations of statutory sites; and • North East Derbyshire Council website for details of relevant local planning policies and supplementary planning guidance.

Statutory Protected Sites

4.6 Two Sites of Special Scientific Interest (SSSI) lie within 2km of the site: Moss Valley Woods SSSI and Moss Valley Meadows SSSI.

4.7 Moss Valley Woods SSSI comprises oak woodland with some ancient woodland indicators in the understorey. Species include bluebell (Hyacinthoides non-scripta), creeping soft-grass (Holcus mollis), lady fern (Athyrium filix-femina) and tufted hair-grass (Deschampsia cespitosa).

4.8 Moss Valley Meadows SSSI comprises a series of species-rich grasslands and ancient woodland with species such as Dyer’s greenweed (Genista tinctorial), betony (Stachys officinalis), carnation sedge (Carex panicea), sharp-flowered rush (Juncus acutiflorus), ash (Fraxinus excelsior) and wych elm (Ulmus glabra).

4.9 In addition, the site falls within the MAGIC SSSI Impact Risk Zone (IRZ) for Moss Valley Woods SSSI. Which considers that residential development of 100 units or more, or 50 units or more outside of existing settlements would require the Local Planning Authority (LPA) to consult with Natural England (NE) regarding potential impacts to the SSSI as a result of development of this nature.

1 UK priority species and habitats are those subject to conservation action and referred to as Species of Principal Importance (SoPIs) or Habitats of Principal Importance (HoPIs). They are listed at Section 41 of the Natural Environment and Rural Communities (NERC) Act 2006. Section 40 of the NERC Act states that local planning authorities must have regard for the conservation of both SoPIs and HoPIs.

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4.10 Moss Valley Woods SSSI is located approximately 0.2km to the east of the site, connected to the woodland to the north of the site. There is currently no public access to this woodland from the site, and it is noted to be of favourable condition, with the exception of 1 of 4 units which is of unfavourable – recovering condition due to its species composition and structure, which requires further targeted management to improve. The SSSI, from OS mapping, appears to already provide a number of footpaths, providing and controlling public access to the woodland. Future proposals for the site will need to ensure that direct public access to this SSSI as well as the woodland to the north of the site is discouraged and/or controlled in order to avoid potential negative impacts as a result of increased recreational pressure.

4.11 The SSSI impact risk zone for Moor Valley Woods requires consideration of potential impacts and appropriate mitigation measures as a result of residential development. Given the nature of the habitats and the distance from site, provided potential recreational impacts can be addressed, as above, it is considered that appropriate drainage design and pollution prevention measures, as would be expected, would avoid potential negative impacts to this designated site.

Non-Statutory Protected Sites

4.12 Fourteen non-statutory sites, known as Local Wildlife Sites (LWS) in Derbyshire, are present within the study area. LWS are defined areas identified and selected locally for their nature conservation importance. Details of these sites are given in Table 4.1 below.

Site Name Designation Description/Summary of Reason for Designation Frith Wood LWS Ancient semi-natural woodland - mixed deciduous Callywhite Lane Industrial Estate LWS Wet woodland Wood Unstone Disused Railway LWS Derbyshire Red Data Book Species (DRDB) species Doe Lane LWS Hedgerow Mires Spring & Pearson's Woods LWS Ancient woodland plantation - mixed Ash Lane Woodland LWS Secondary broad-leaved woodland Owler Car Wood Complex LWS Ancient woodland - plantation broad-leaved Newfield Spring Wood and Bridle LWS Ancient woodland - plantation Road Wood broad-leaved Dowey Lumb LWS Unimproved neutral grassland Owler Car Lane LWS Hedgerow Bridgefield Wood LWS Ancient semi-natural oak woodland Newlands Wood LWS Secondary broad-leaved woodland The Riddings and Summerley LWS Unimproved neutral grassland Meadow Jordanthorpe Plantation LWS Secondary broad-leaved plantation Table 4.1: Non-statutory designated sites within 2km of the site.

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4.13 Frith Wood LWS is the closest non-statutory site, located approximately 300m south of the site. From review of OS mapping, existing footpaths appear to be present within this woodland, providing public access. Given the distance of the LWS, the nature of their designations and the fact that public access is already catered for within Frith wood, the closest LWS to the site, no potential impacts to these sites are anticipated as a result of future development on the site.

4.14 Green infrastructure proposals for the development should allow sufficient open space for recreational users within the site itself and provide improved connections with existing footpaths and recreational facilities adjacent to the site. Considering this, and the distance from statutory and non-statutory sites, it is unlikely that the development would lead to any significant impacts on statutory or non-statutory designated sites within the search area. Habitats

Buildings and Hardstanding

4.15 Birch Cross Farm is located in the centre of the site comprising a number of agricultural buildings and residential property. Two further buildings, comprising a wooden (B1) and stone (B2) shed for livestock are also present to the south of the farm yard. These farm buildings are surrounded by hardstanding comprising tarmac, concrete and gravel surfaces; and connected to Eckington Road, to the south, by a tarmac/gravel access track. A small area of ephemeral/short perennial vegetation is present to the east of the farm track and introduced shrub surrounding the residential property (B3), namely ornamental, garden planting. These are not considered to be of inherent ecological importance, although the buildings may have supporting value for protected and priority species, including bats and birds, described below.

Photograph 1: Farm buildings B4 and B6 surrounded by hardstanding.

Grassland

4.16 The site comprises two improved grassland (F1 and F2) and four species-poor, semi-improved grassland (F3 - F6) fields surrounding Cross Birches farm. Cows were present grazing within field F6 at the time of the survey, and there was evidence of them having also been present within the further species-poor semi-improved grassland fields, likely on rotation. The grassland sward was relatively close grazed up to approximately 20cm, with some tussock forming species also present within distinct locations and bare earth, particularly around field

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gates. Species present are indicative of enrichment as a result of the cattle, including perennial rye-grass (Lolium perenne), cock’s-foot (Dactylis glomerate), Yorkshire fog (Holcus lanatus), dock (Rumex sp.), clover (Trifolium sp.), dandelion (Taraxacum officinale), creeping buttercup (Ranunculus repens) common nettle (Urtica dioica), creeping thistle (Cirsium arvense) and broadleaved plantain (Plantago major). The grassland described also extends over a track which runs between fields F5 and F6, leading to a field gate into fields adjacent to the site to the east.

Photograph 2: Species-poor semi-improved grassland F3 with H4 and mature scattered trees in the background.

4.17 The improved grassland fields had a longer sward height at the time of the survey, up to approximately 30-40cm. Dominant species are perennial rye-grass and clover, with dandelion and creeping buttercup also present. Target note (TN) TN1 illustrates the corner of the field which is unmanaged and has potential to be used by reptiles which may use the site’s field margins. TN2 illustrates a fenced man hole cover and TN4 was an area of standing water within apparently recently dug ditches within the north-west corner of the site.

Photograph 3: Improved grassland field F2 with off-site BW1 visible in the background.

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4.18 Dry ditches are present at a number of field margins, adjacent to hedgerows, including to the east of F2 and F4 and in the west of F1, as shown on the Habitat Features Plan (11158/P04). These sections of ditch are largely shallow and overgrown with vegetation. Species at the ditch margins with the fields include forget-me-knot (Myosotis sp.), cleavers (Galium aparine), scarlet pimpernel (Anagallis arvensis), yarrow (Achillea millefolium) and ribwort plantain (Plantago lanceolate); with those in the ditch including willowherb (Epilobium sp.), nettle and bramble (Rubus fruticosus agg.).

4.19 The grassland and ditch habitats are common and widespread in the surrounding area, and are considered to be of low ecological importance. As such their loss would be unlikely to require any specific mitigation. However, in line with planning policy, future development of the site would need to demonstrate net gain to biodiversity. As such, as habitat loss will need to be compensated for with habitat creation or enhancement of habitats of greater importance than those lost.

Hedgerows

4.20 A number of hedgerows are present bounding the site and field boundaries. A summary of the nature, management and species present within these hedgerows is provided in Table 4.2 below. Boundary features also include fencing and a wall along part of the southern boundary of the site, as shown on the Habitat Features Plan (11158/P04).

Hedgerow Description Species Present number H1 Intact, species-poor hedgerow, appears Hawthorn (Crataegus regularly managed to approximately 1.5m. monogyna). H2 Intact hedgerow along fence line with a gap Hawthorn, elder (Sambucus for field access. Appears managed although nigra), bramble, holly (Ilex the top had been left uncut at the time of the aquifolium). survey. H3 Well managed, species-poor hedgerow Hawthorn, holly, field maple bounding residential property, (Acer campestre). approximately 2m high. H4 Defunct hedgerow along fence line. Hawthorn, bramble, elder, Appears managed to approximately 1.5 – holly, dog rose (Rosa canina), 2m tall. hazel (Corylus avellane) and blackthorn (Prunus spinosa). H5 Defunct, species-poor hedgerow along Hawthorn, holly, field maple. fence line. Appears managed. H6 Defunct hedgerow along fence line. No Hawthorn, bramble, field evidence of recent management. maple, blackthorn and dog rose. H7 Defunct hedgerow along fence line. Mature Hawthorn, dog rose, holly, stems of hawthorn present, indicating well elder, field maple, ash established hedgerow. Dense bramble (Fraxinus excelsior), scrub dominates the northern stretch of this blackthorn, hazel, sycamore hedgerow. (Acer pseudoplatanus). H8 Intact hedgerow, no evidence of recent Hawthorn, hazel, bramble, management. Overgrown tall ruderal blackthorn. vegetation at margin, comprising dock, Cock’s-foot, ragwort (Senecio jacobaea), willowherb and common nettle. H9 Outgrown hedgerow/line of trees up to Hawthorn, sycamore, elder, approximately 9m. Transitions to more field maple, bramble, hazel,

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Hedgerow Description Species Present number managed hedgerow to the west up to dog rose, oak (Quercus robur), approximately 2m high. holly. Tree species include willow (Salix sp.), aspen (Populus sp.), ash, pine (Pinus sp.), silver birch (Betula pendula) and cypress (Cupressus sp.). H10 Tall ruderal vegetation present at western Elder, hawthorn, field maple, end, comprising bramble, thistle and holly, ash. common nettle, with hedgerow species present to the east. No evidence of recent management. Table 4.2: Summary of hedgerows present on the site

Photograph 4: Hedgerow H4 within the centre of the site with associated scattered mature trees.

4.21 A number of hedgerows on the site are relatively species diverse and they all provide habitat connectivity both within and beyond the site itself. They are considered to be of ecological importance and should be retained within future proposals, as far as possible. Care should be taken within the site design process to reduce the number of gaps required within hedgerows to provide access, and seek to use existing gaps, where present. Protection of retained hedgerows would need to be ensured during construction and during operation of the site, by providing suitable, dark habitat buffers. Enhancements could be made my infill planting with native species to fill gaps and increase species diversity.

Scattered Trees

4.22 A number of scattered trees are present throughout the site, in particular in the south, in proximity to B2, south of the farm building B6 and along the length of hedgerow H4. These

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include a variety of mature and semi-mature trees, including cherry (Prunus sp.), ash, sycamore and oak. These trees are irreplaceable in the long to medium term and as such are ecologically important, and should be retained, as far as possible, within the scheme. A number of these trees have potential to be used by roosting bats, so may need further survey, described within the Fauna section below.

4.23 Three young maple trees are also present along the fence line, to the west of B5. Due to their age and lack of potential roost features these have negligible potential to be used by roosting bats. However, they would still be of ecological importance, as they are not replaceable in the short to medium term.

4.24 Future development of the site should seek to retain existing trees as far as possible. Any losses would need to be compensated for with appropriate replacement planting. Retained hedgerows should be protected during construction by suitable protective fencing in line with ‘Trees in relation to design, demolition and construction. Recommendations’ BS5837:2012. Site design should allow for retained trees and hedgerows, as above, to be retained within suitable habitat buffers and outside of residential gardens, to allow for their future management to be controlled.

Woodland

4.25 Broadleaved woodland is present immediately adjacent to the site to the north and west. BW1 connects to Whinacre Wood, part of the Moss Valley Woods SSSI beyond the site to the east. This comprises a semi-natural, broadleaved woodland which extends from the site boundary down a steep slope to a drainage ditch/stream. Mature and semi-mature trees present include sycamore, ash, cherry, aspen, beech (Fagus sylvatica), oak and hazel. Ground flora is sparse in some areas and heavily overgrown in others, dominated by bramble and rose. A number of trees with potential to support roosting bats are likely to be present, given the age and nature of the trees. The margin of the woodland with F2 comprises tall ruderal and scrub vegetation, including tree saplings as well as bramble, elder, bracken (Pteridium aquilinum), hogweed (Heracleum sphondylium) and wood avens (Geum urbanum).

4.26 BW2 connects to the north of H9, along the western boundary of the site and comprises a narrow strip of woodland which extends beyond the site to the west. From the site margin, trees present appear to be young to semi-mature and include hazel, silver birch, hawthorn, oak, elder and ash. The woodland and hedgerow margin with F1 is between 1m and 3m wide and dominated by tall ruderal vegetation, with species present including common nettle, willowherb, dock, bramble and bracken.

4.27 Owing to the age and species diversity of this habitat as well as the habitat connections it provides both within and beyond the site boundary it is considered to be of ecological importance. If not protected, woodland on and immediately adjacent to the site could be affected during the construction phase of the development. Direct impacts to this habitat could be avoided through the installation of suitable protective fencing in line with BS5837:2012. Consideration of this off-site habitat within the future development design (i.e. retaining a suitable buffer, with no private gardens backing on to the feature), would ensure any direct or indirect effects, such as disturbance resulting from increased lighting during the operational phase of the development are avoided or minimised.

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Habitats Adjacent to the Site

4.28 The site is surrounded to the north and east by agricultural land and is bordered to the south and west by residential development, beyond amenity playing fields.

4.29 A small brick building with pitched tiled roof is present to the north of the site, considered likely to be a pump station building, which is surrounded by metal fencing. A track runs to the west of this building off site, which appears to link to a pedestrian way-leave from the woodland (BW2) to the west and improved grassland field to the north.

Fauna

Badger

4.30 Records of six badger setts were returned by DBRC from within 1km of the site.

4.31 A badger sett with a number of entrances was recorded within the northern boundary of F2 and adjacent woodland, illustrated by TN3 on the Habitat Features Plan (11158/P04). Signs of fresh digging were apparent, suggesting the sett is active and was in use at the time of the survey. A possible badger footprint was also recorded in the wet earth in the west of the site, shown as TN4. In addition, numerous mammal pathways and push throughs were noted within and along field boundary hedgerows and vegetation.

Photograph 5: Badger sett entrance within F2 at the woodland margin in the north of the site.

4.32 A badger survey would be required to inform a future planning application in order to fully assess all suitable habitat on the site and the adjacent woodland, for badger setts and/or further signs of activity, such as latrines or dung pits.

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4.33 Badgers use a number of different types of setts, main, annexe, subsidiary and outlier, and may do so seasonally. The Protection of Badgers Act, 1992, makes it an offence to damage or destroy a sett or disturb a badger when occupying a sett. As such, active badger setts on the site should be retained and protected within the scheme within a suitable buffer (up to 30m). Should this not be possible, in the event that damage or disturbance may occur, a licence would need to be sought from Natural England to allow the works to proceed legally, in an appropriate manner. That said, should the sett be confirmed as a main sett, it would be recommended to be retained in situ, as it is generally most difficult to close a main sett, as a suitable replacement would need to be created and functional prior to being able to relocate the sett.

4.34 Habitat on the site and surrounding land is suitable for badger foraging. As such, future development of the site would need to ensure that retained opportunities for foraging badgers are provided, namely protection and retention of hedgerows and adjacent woodland within suitable grassland habitat corridors.

Bats

4.35 DBRC returned records for six species of bat from within 2km of the site:

• Common pipistrelle (0.5km NE. Nearest roost 1.9km NE); • Soprano pipistrelle (0.8km N); • Brown long-eared (1.8km NE); • Noctule (1.0km SW. Nearest roost 0.5km SW); • Myotis sp. (1.9km NE. Nearest roost 1.9km NE); and • Whiskered bat (0.7km S).

4.36 Buildings and trees on and immediately adjacent to the site have potential to be used by roosting bats. It is understood that future development of the site would require the demolition of existing buildings. As such, a preliminary roost assessment (PRA) of all buildings, comprising and internal and external inspection would be required in order to confirm the level of potential of each building to support roosting bats.

4.37 The results of this PRA would determine the level of necessary further survey work, comprising dusk emergence and dawn return to roost surveys, required to confirm the presence or absence of roosting bats to inform necessary mitigation measures for a future planning application.

4.38 Should any direct (such as loss or remedial works) or indirect (such as through disturbance resulting from increased lighting) effects to trees be likely, further ground level and/or aerial tree climbing surveys may be required, again to determine the level of potential of such trees to support roosting bats and inform the need for further survey and appropriate mitigation, if required.

4.39 Habitats present on and immediately adjacent to the site, notably the hedgerows and woodland, are considered to provide suitable opportunities for foraging and commuting bats. Potential impacts to such bats may occur as a result of habitat loss or increased disturbance, such as that resulting from increasing lighting on the site. In order to understand the level and extent of bat activity on the site, as well as the bat species present, bat activity surveys would be required, comprising activity transects and static monitoring.

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4.40 Bat activity survey results would be used to determine those habitats of most importance to bats on the site and inform green infrastructure and lighting design, in order to avoid potentially significant impacts. Site design should ensure the retention and protection of functional habitat corridors for bats, focussing on those habitats found to be of most importance. Foraging opportunities should also be retained and enhanced, such as by the provision of increased native species planting to encourage insect prey or the provision of open water habitats, which could be delivered as SUDS, to increase the habitat diversity and abundance of prey species.

Birds

4.41 Records for song thrush (Turdus philomelos), a red listed species and two amber listed species, dunnock (Prunella modularis) and bullfinch (Pyrrhula pyrrhula) were returned from DBRC.

4.42 Habitats present on and immediately adjacent to the site, including the farm buildings, hedgerow, scrub, scattered trees and broadleaved woodland, provide opportunities for nesting and foraging birds, including the birds of conservation concern (BoCC), identified by the data search.

4.43 Improved grassland within F1 and F2 is considered likely to provide suitable opportunities for ground nesting birds, should they be present on the site, as well as foraging opportunities for owl and raptors, such as little owl (Athene noctua) and barn owl (Tyto alba), for which there is anecdotal evidence of the presence of these species on the site (Per. Comm. Local resident).

4.44 Consultation with the local planning authority ecologist should be undertaken to discuss whether breeding bird surveys would be required to inform a future planning application, based on the potential for ground nesting birds to be present, if the habitats are still considered to be suitable within the nesting season and such species are known to occur locally.

4.45 Should breeding bird surveys be considered necessary, the results would inform appropriate mitigation measures for ground nesting birds, if required. Development design should seek to retain suitable nesting habitats as far as possible, notably suitable woody vegetation listed in Paragraph 4.42 and retain foraging opportunities on the site. Enhancements could be made, in line with planning policy, such as by the provision of nest boxes within newly constructed buildings, to increase nesting opportunities on the site.

4.46 All wild birds, their nests and eggs are afforded protection under the WCA 1981 (as amended). As such the removal of suitable nesting habitat during the bird breeding season could trigger this legislation, which protects birds while actively nesting. Development proposals should therefore include measures for timing building and vegetation clearance to avoid the bird nesting season, where possible, or other measures to avoid disturbance to breeding birds should this not be possible, such as site supervision.

Dormouse

4.47 DBRC returned no records of dormouse with 1km of the site. There is, however, an old record (1774) within approximately 2.5km of the site (NBN atlas, 2017).

4.48 Despite the defunct nature of a number of the hedgerows on the site, their species diversity and connectivity with further hedgerows on and adjacent to the site, as well as surrounding woodland would provide suitable habitat for dormice, should they be present in the vicinity. The lack of recent records in the area, decreases their likelihood of being present, but may equally be due to a lack of recording and is therefore not proof of absence. As such, consultation with the local planning authority ecologist should be undertaken to determine

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whether or not there is any local knowledge of their presence in the vicinity and as such determine whether or not potential impacts and therefore surveys for dormouse would be required to inform a future planning application.

4.49 In order to avoid/minimise potential impacts, in the event that dormice are present on the site, suitable habitat, namely hedgerows and scrub as well as adjacent woodland habitat should be retained and enhanced, as far as possible.

Great Crested Newt and Other Amphibians

4.50 DBRC returned no records of great crested newts (GCN) with 1km of the site. Although the site is known to be within their distribution as recent (within the last 10 years) records of GCN are available on the NBN Atlas within 2km of the site. There is one pond approximately 500m to the west of the site and one ditch approximately 340m to the north, beyond the stream/ditch within the woodland to the north of the site boundary.

4.51 The topographical survey/base plan for the site appears to show a pond along the length of the stream/ditch within the woodland to the north of the site. However, this did not appear to be present at the time of the survey. It is possible that this may be seasonally wet, or that any feature previously in this location has since dried up and is no longer present.

4.52 It is recommended that prior to any future planning application, a Habitat Suitability Index (HSI) assessment is undertaken in the spring (March/April) of the stream/ditch within the woodland and of the location of the pond to determine whether or not these are present and if so would provide suitable aquatic habitat for GCN. The results of this would determine whether or not further surveys to determine the presence or likely absence of GCN would be required.

4.53 GCN are known to move up to 500m between breeding ponds (English Nature, 2001) as a result survey for GCN would typically be extended to between 250m and 500m from a site. Based on a review of available aerial and OS mapping, given the lack of other ponds within 500m of the site, with the exception of one 500m to the west of the site, beyond existing residential development, should those within the woodland be considered unsuitable, it is unlikely further waterbodies would need to be surveyed for GCN. Although, we would seek to agree this with the LPA following the results of the HSI assessment.

4.54 Potential terrestrial habitat for GCN and other amphibians, such as common toad (Bufo bufo) is present within and immediately adjacent to the site, notably around field margins, at the base of hedgerows and within tall ruderal and scrub vegetation, as well as within dry ditches providing potential habitat connectivity.

4.55 GCN are a European Protected Species and if present would require the retention of suitable terrestrial habitat, as well as connectivity between areas of suitable habitat both on and off the site and protection of off-site breeding (aquatic habitat). In the event this is the case, there is potential it may affect the quantum of development, however, the retention of those habitats of most ecological importance as previously discussed, protection of the adjacent woodland and consideration of habitat connectivity would be likely to provide suitable mitigation for this species.

Invertebrates

4.56 Onsite habitats are likely to support common invertebrate species. However, it is possible that notable invertebrate species could use habitats within the site, such as mature trees, areas of

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scrub, hedgerows, ditches and adjacent woodland. Site design should allow for retained and newly created habitats to be designed to provide retained opportunities for invertebrates and provide habitat enhancements of benefit to invertebrates such as the inclusion of species-rich grassland, wetland habitat and/or additional hedgerow planting to increase hedgerow species diversity.

Reptiles

4.57 Six records for grass snake (Natrix Helvetica) were returned by DBRC, with the nearest being 0.2km to the south of the site. One record for slow-worm (Anguis fragilis) was returned also from 0.2km to the south of the site.

4.58 Habitats present on the site, including species-poor semi-improved and improved grassland field margins, scrub, tall ruderal and dry ditch vegetation could provide suitable opportunities for common reptile species, including grass snake, slow worm and common lizard (Zootoca vivipara). Further surveys would be required to determine the presence or likely absence of reptiles from the site and if found to be present inform necessary mitigation as part of a future planning application. If present, ideally, they would be retained in situ within suitable habitat or could be moved into alternative areas of suitable habitat within the site, determined as part of a suitable mitigation strategy.

Other

4.59 DBRC returned one record for brown hare (Lepus europaeus) from 0.8km to the south of the site. This priority species could be present on the site, notably within grassland within F1 or F2 and at the woodland margins. Site design will need to ensure that continued foraging opportunities are available for this species, such as within a grassland habitat buffer between future development and woodland to the north of the site. In the event that hare is found to be breeding on the site, any clearance work would need to be timed to avoid when young could be present and most vulnerable between February and September, or undertaken sensitively to avoid any potential harm.

4.60 No records for otter or water vole were returned by DBRC within the study area. The woodland stream/ditch was not surveyed in detail, due to its location off-site. Although it is heavily shaded by surrounding woodland and appeared to have predominately bare banks without suitable marginal/emergent vegetation. As such, this and those habitats present on the site are not considered to be suitable for otters or water vole and these species are not considered further within this report.

5.0 Ecology Conclusion and Recommendations

5.1 Future development of the site should focus on those habitats of least ecological importance, namely the buildings and hardstanding and areas of improved and species-poor semi- improved grassland fields.

5.2 The most important ecological features within the site should be retained and protected within suitable habitat buffers, as far as possible within any future development, most notably the hedgerows, mature scattered trees and offsite broad-leaved woodland. Where any loss is required, to accommodate the scheme, such as due to the construction of vehicular and pedestrian access points, the design should focus on such loss being minimised as far as possible, such as by reducing numbers of access points and/or using existing gaps in vegetation. Appropriate compensatory planting and or enhancement of existing habitats would

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be required to ensure a net biodiversity gain following development, in line with planning policy.

5.3 There is the opportunity to enhance the biodiversity of the site by adopting design principles informed by local conservation strategies, notably the Local Biodiversity Action Plan (BAP). Delivery of such biodiversity gain, through adoption of the following recommendations, would be in accordance with NPPF and local planning policy:

• Creation of multi-functional green infrastructure within future development, to deliver biodiversity, amenity, aesthetic and drainage benefits. This should focus on provision of continuous corridors for wildlife movement and could include retained and newly created habitats; • Habitat creation and enhancement could include provision of species-rich grassland, species-rich hedgerows, trees and wetland/pond habitat. Surface water attenuation and other SUDs features could be designed using ecological design principles so that they can be both valuable for wildlife and aesthetically appealing; • Use of native species, where possible, in the landscape designs to provide new opportunities for fauna; • Provisions to ensure the reduction of light spill and avoid direct lighting of habitat corridors and adjacent woodland vegetation to ensure their continued functionality as wildlife corridors; and • Provision of bat and bird boxes within newly constructed buildings as well as suitable locations within green infrastructure design, such as retained mature trees.

5.4 To inform future development designs and necessary mitigation strategies, and in accordance with National Planning Policy Guidance, it is recommended that surveys for badger; roosting, foraging and commuting bats; and reptiles are undertaken to confirm whether legally protected and/or priority species could be affected by proposed development of the site prior to planning. In addition, consultation with the LPA ecologist should determine whether or not there is potential to impact breeding birds, dormice and/or GCN, and as such whether further surveys for these species would be required.

5.5 In conclusion, the draft allocation of the site accepts the principal of development on the site. No potential ecological issues have been identified which could affect this assumption. The results of recommended further surveys would determine necessary mitigation measures, which may affect the quantum of development. Although, it is anticipated that development design, informed by sound ecological principles, could accommodate such species, should they be found to be present, within available green infrastructure. There is no reason why future development of the site could not be designed to accord with relevant legislation, national and local planning policy, which seeks to protect and enhance ecological resources.

6.0 References

British Standard (2012) BS 5837:2012 Trees in relation to design, demolition and construction – Recommendations

English Nature, now Natural England (2001). Great crested newt mitigation guidelines. Version August 2001. English Nature.

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

Multi-Agency Geographic Information for the Countryside (MAGIC) Interactive maps, available online at: http://www.natureonthemap.naturalengland.org.uk

National Biodiversity Network (NBN) Atlas, available online at: https://nbn.org.uk/

Natural England Sites of Special Scientific Interest (SSSI) website available at: http://www.sssi.naturalengland.org.uk/Special/sssi/index.cfm

North East Derbyshire District Council. 2005. Local Plan 2001 – 2011. Adopted November 2015

North East Derbyshire District Council. Sustainable Buildings Supplementary Planning Document. Addressing the environmental challenge in North East Derbyshire. North East Derbyshire Development Framework (LDF). Adopted November 2011.

North East Derbyshire District Council. 2017. Local Plan 2011-2033 – Consultation Draft. February 2017.

UK Biodiversity Action Plan Website: http://jncc.defra.gov.uk/page-5155

7.0 Plan

Habitat Features Plan (11158/P04) KL/KB October 2017

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Site Boundary

Dry Ditch

Fence SI Field Gate

Brick Wall

B1 Building

Ephermal / Short Perennial

A Grassland (Amenity)

BW1 I Grassland (Improved) I SI Grassland (Species-poor semi-improved)

I H8 Hardstanding TN3 TN2 B8 Hedgerow H7 BW2 TN4 F2 Scattered Trees

Dense Scrub

I SI Introduced Shrub

Tall Ruderal I TN1

H7 Broadleaved Woodland

A F5 Target Note B7 TN B5 SI H9 H5 B6 B4 F1 SI SI B3 H6 F6 SI H1 H3 SI 0m 35m B1 H1 H4 F3 H2 Project Land off Eckington Road, F4 H1 Coal Aston, Dronfield Drawing Title Habitat Features Plan B2 H9 Scale As Shown (Approximate) H10 Drawing No. 11158/P04 Date October 2017 Checked KL/KB

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