A1066 THETFORD ENTERPRISE PARK PROPOSED ROUNDABOUT Preliminary Ecological Assessment (PEA) of Land Opposite Wyatt Way, Thetford
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A1066 THETFORD ENTERPRISE PARK PROPOSED ROUNDABOUT Preliminary Ecological Assessment (PEA) of land opposite Wyatt Way, Thetford. Produced by Ed Stocker MCIEEM, Ecologist. Norfolk County Council December 2017 1 CONTENTS PAGE 1 NON TECHNICAL SUMMARY 3 2 INTRODUCTION 3 3 LEGISLATION 5 4 SURVEY METHODS 8 5 RESULTS 9 6 CONSTRAINTS 12 7 FURTHER SURVEY 12 8 MITIGATION & ENHANCEMENTS 13 9 CONCLUSION 16 APPENDIX 1. PHOTOGRAPHS 17 APPENDIX 2. NBIS BIODIVERSITY DATA SEARCH 18 2 1 NON TECHNICAL SUMMARY The purpose of this report is to identify the habitats present within the footprint of the proposed new roundabout scheme, to assess the likelihood of protected species being present within or surrounding this area, and to determine whether further survey and or mitigation will be required as a part of the proposed scheme. As a local authority, Norfolk County Council has a duty under the Natural Environment and Rural Communities (NERC) Act 2007 to conserve and also enhance biodiversity. The site was assessed on 01/12/17 in accordance with the Chartered Institute of Ecology and Environmental Management (CIEEM), Guidelines for Preliminary Ecological Appraisal (December 2017). This report is prepared by the Natural Environment Team at Norfolk County Council for the sole and exclusive use of the commissioning party in response to their particular instructions. 2 INTRODUCTION This report has been produced by Ed Stocker, MCIEEM (Ecologist) Natural Environment Team, Norfolk County Council. Norfolk County Council’s Natural Environment Team was commissioned in December 2017 to undertake a Preliminary Ecological Assessment (PEA) of the land immediately adjoining the junction of the A1066 Brandon Road and Wyatt Way ,Thetford. Grid Reference TL864:847, on behalf of Norfolk County Council’s Highways Projects Section. The application site forms part of a larger area of land on the east and west sides of the A1066 Mundford Road allocated in 2009 Development Plan for employment / commercial purposes. The roundabout will alter the current junction to offer access to the western side of the A1066 and the currently undeveloped land allocated for commercial purposes in this area. 3 Access currently exists to the existing developed employment land to the east. The proposed roundabout involves an area of 0.56 ha. This comprises an area of 0.41 ha where works will take place on the existing highway land and a further. 0.15ha of land outside the highway (currently semi improved grassland and defunct hedgerow. The wider area of land designated for development is subject to a separate ecological assessment Produced by Biome Consulting Ltd, February 2017. The proposed development area will be subject to a separate planning application. SITE LOCATION: Figure 1. Site location: Thetford. Grid Ref: TL864841 4 PROPOSED SITE LAYOUT: Figure 2. Proposed Scheme Layout 3 LEGISLATION Protected Species: Bats: All species of bat are protected under Schedule 5 of the Wildlife and Countryside Act 1981 (as amended) and Schedule 2 of The Conservation of Habitats and Species Regulations 2010 (as amended) making all species of bat European Protected Species. The presence or absence of protected species, and the extent to which they could be affected by a proposed development, should be established before planning permission is granted, since otherwise all material considerations might not have been considered in making the decision (Circular 06/2005). 5 Birds: All bird species are protected under the Wildlife and Countryside Act 1981 as amended. This prevents killing or injuring any bird or damaging or destroying nests and eggs. Certain species (including barn owl Tyto alba) are also listed under Schedule 1 of the Wildlife and Countryside Act 1981, which prevents disturbance of the species or its nest and/or eggs at any time with protection by special penalties. Reptiles: All reptiles are protected under the Wildlife and Countryside Act 1981 (as amended), making it illegal to intentionally kill or injure a common reptile. Rare reptiles (smooth snake and sand lizard) also receive legal protection under the Conservation of Habitats and Species Regulations 2010. It is illegal to deliberately injure, kill, capture or disturb a rare reptile, or to damage or obstruct any place used for shelter or protection. Rare reptiles may only be handled by licensed ecologists. Great Crested Newts The great crested newt Triturus cristatus is fully protected in accordance with both national and international legislation. The species is listed under Annexes IV and II of European Directive 92/43/EEC, and Schedule 2 of The Conservation of Habitats and Species Regulations 2010. The species is also protected by Sections 9(4) and 9(5) of the Wildlife and Countryside Act 1981 as amended. It is an offence to knowingly or recklessly kill, injure, disturb, handle or sell the animal, and this protection is afforded to all life stages. It is unlawful to deliberately or recklessly damage, destroy, or obstruct the access to any structure or place used for shelter or protection; this includes both the terrestrial and aquatic components of its habitat. Other amphibians: All of the native species of amphibians receive some degree of protection through the Wildlife and Countryside Act 1981. Common Toad (Bufo bufo) is also a Priority species for conservation in the UK, under the UK Biodiversity Action Plan (UK BAP). 6 Badger: Badgers are protected through the Protection of Badgers Act 1992, which makes it an offence to recklessly take, injure or kill a Badger or cause disturbance to its sett. Furthermore, Badgers are afforded protection from cruel ill-treatment, which has been defined to include preventing a Badger accessing its sett, as well as causing the loss of significant foraging resources within a Badger territory. Badgers are also protected through this species’ inclusion on Schedule 6 of the Wildlife and Countryside Act 1981 (as amended), which prohibits their killing or taking by certain methods. Other mammals. (Priority Species for conservation): Brown Hare (Lepus europaeus) & Hedgehog (Erinaceus europaeus) are Priority Species for conservation under the UK Biodiversity Action Plan (UK BAP), and are protected under Schedule 6 of The Wildlife and Countryside Act 1981. Protected/ Priority Habitats: Breckland Special Protection Area (SPA): Special Protection Areas (SPAs) are strictly protected sites classified in accordance with Article 4 of the EC Birds Directive, which came into force in April 1979. They are classified for rare and vulnerable birds (as listed on Annex I of the Directive), and for regularly occurring migratory species. Local Authorities have a duty to assess any development schemes with potential to have impacts on European designated sites such as SPA’s, in accordance with Regulation 61 & 62 of the Conservation of Habitats and Species Regulations 2017. Hedgerows: Hedgerows are a Priority habitat for conservation in the UK under the UK Biodiversity Action Plan (UK BAP). Some hedgerows may also be subject to The Hedgerow Regulations 1997. 7 The Hedgerow Regulations 1997 were made under section 97 of the Environment Act 1995 and took effect on 1 June 1997. They introduced arrangement for local planning authorities (LPAs) to protect important countryside hedgerows through a system of notification. (There are certain exemptions under the Regulations. For example, ‘you don’t need to tell the LPA that you’re removing a hedgerow if: • it’s for carrying out work which has planning permission) Potential for biodiversity enhancements: The Natural Environment and Rural Communities Act 2006 (NERC) came into force on 1st October 2006. Under section 40 of the Act all public bodies have a duty to conserve biodiversity: “Every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity.” Section 40(3) of the Act explains that: “Conserving biodiversity includes, in relation to a living organism or type of habitat, restoring or enhancing a population or habitat”. The duty applies to all local authorities and extends beyond just conserving what is already there to carrying out, supporting and requiring actions that may also restore or enhance biodiversity. 4 SURVEY METHODS 4.1 Desk Survey: A search of the Norfolk Biodiversity Information Service (NBIS) Records was conducted for records of protected species within 1km of the site, sites designated for nature conservation and other ecological records such as recorded bat roosts, veteran trees and Non-native invasive species. A list of wildlife recorded within 1km of the site is included in Appendix 2 of this report. 8 GIS/ Maps: Norfolk County Council’s GIS Mapping Browser was used to identify, Statutory and Non statutory designations for nature conservation. These include; Special Protection Area (SPA), Special Areas of Conservation (SAC), Sites of Special Scientific Interest (SSSI), County Wildlife Site (CWS), Roadside Nature Reserve (RNR). Norfolk Mapping Browser also provides access to Google Earth and/or Bing Maps aerial photographs, along with Ordnance Survey 1:10,000 maps to help identify habitat features on the site and nearby such as woodland, hedgerow, ponds. This PEA also had permission to review an Extended Phase 1 Habitat Survey of the adjoining development land produced by Biome Consulting in February 2017 as the two schemes are related. The land between the A11 and A1066 has been allocated within the 2009 Development Plan for employment