Porters Farm Knatts Valley Sevenoaks Kent TN15 6XH
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Great Crested Newt Non-Licensed Method Statement Porters Farm Knatts Valley Sevenoaks Kent TN15 6XH 18th October 2018 PJC ref: 3965AO/18 This rePort has been PrePared by PJC Consultancy Ltd on behalf of Corinthian Land (West Kent) Ltd. Version Author Checked by ApProved by Date TyPe 1 Tara Hall Sam Dawson Thomas Knight 15/10/18 Rev01 1 Tara Hall Sam Dawson Thomas Knight 18/10/18 Final T: 01323 400311 Unit 1, Hanover Mill, E: [email protected] Mersham, Nr Ashford, Kent, TN25 6NU. CONTENTS 1 INTRODUCTION ................................................................. 4 1.1 Instruction .................................................................. 4 1.2 Background Information.................................................. 4 1.3 Proposal .................................................................... 5 1.4 Legislation and Planning Policy ......................................... 5 1.5 Site DescriPtion ............................................................ 6 2 MITIGATION MEASURES ...................................................... 8 2.2 Prior to Construction Works.............................................. 8 2.1 During Construction Works .............................................. 8 3 COMPENSATION AND ENHANCEMENT MEASURES .....................10 4 ApPendix I: TemPorary GCN Exclusion Fencing Specification .........12 PJC Ref No: PJC/3965AO/18 Date: 18/10/2018 1 INTRODUCTION 1.1 INSTRUCTION 1.1.1 PJC Consultancy Ltd was commissioned by Corinthian Land (West Kent) Ltd to Produce a non-licensed great crested newt (GCN) Triturus cristatus precautionary method statement to ensure legal comPliance during the construction and oPeration of the ProPosed residential develoPment at Porters Farm, Knatts Valley, Sevenoaks (hereafter referred to as the ‘Site’). 1.2 BACKGROUND INFORMATION 1.2.1 The requirement to consider the Potential imPacts of the ProPosed develoPment on GCN was identified within the original Preliminary Ecological APPraisal (PEA) rePort (PJC Consultancy, 2018). Although no suitable aquatic vegetation is located within the Site itself, the rePort identified the Presence of a five potentially suitable breeding Ponds for GCN within a 250m radius of the Site, the closest Pond located aPProximately 50m east of the Site and connected to the Site by suitable terrestrial habitat including hedgerows. Furthermore, the Site itself suPPorted areas of longer grassland, aPProximately 0.1ha of which is ProPosed to be permanently cleared. This area of grassland is considered to provide some limited foraging, commuting and shelter oPPortunities for GCN during their terrestrial lifecycle Phase. 1.2.2 Three GCN records were also identified within a 1km radius of the Site, the nearest being apProximately 1km northwest of the Site within a Local Wildlife Site, indicating that GCN are likely Present within the wider landscape. 1.2.3 In conclusion, direct imPacts on suitable waterbodies for breeding GCN are not anticiPated. However, although unlikely, the ProPosed develoPment could result in a direct imPact to GCN from loss of Potential GCN terrestrial commuting and foraging habitat if GCN are present within the Site and wider surroundings. It should be noted however that even though an area of longer grassland is to be lost to facilitate the develoPment, the mature hedgerows surrounding the Site are to be retained and the loss of a small Pocket of grassland shall not lead to any isolation or fragmentation of terrestrial habitat between the network of surrounding Ponds. 1.2.4 As Part of the original PEA, further Habitat Suitability Index (HSI) surveys of the surrounding ponds within 250m of the Site were recommended to determine their suitability to suPPort GCN. The HSI surveys would then inform any subsequent requirements for mitigation, comPensation and/or licences to facilitate the ProPosed develoPment. 1.2.5 The Ponds are located on third-party land and land access could not be obtained to carry out further surveys of the ponds. Therefore, following a Precautionary aPProach, the Ponds are therefore assumed to suPPort breeding GCN. PJC Ref No: PJC/3965AO/18 Date: 18/10/2018 1.2.6 The rapid risk assessment tool within the GCN license aPPlication form (WML-A14-2) was used to assess the risk of the ProPosed develoPment on GCN. Based uPon 0.01-0.1ha of land lost or damaged within 100m from the Potential GCN breeding Pond to the east, the tool indicates a ‘amber’ risk meaning the risk of an offence being committed is considered to be likely unless suitable mitigation methodology is adhered to. 1.2.7 Given the Presence of GCN records within the wider surroundings, the suitable habitat connectivity between the nearest pond and the Site and the sub-optimal GCN terrestrial habitat that is being lost, construction activities are reasonably unlikely to contravene any known legal or Planning Policy Pertaining to GCN. Therefore, a EuroPean Protected SPecies Mitigation License was not considered necessary, however, as a Precautionary apProach it was considered necessary for construction activities to Proceed in accordance with a precautionary method statement. 1.2.8 The PurPose of this method statement is to ensure that there are no detrimental imPacts on the favorable conservation status of GCN and no risk to individual GCN Potentially present within the Site as a result of construction activities. 1.3 PROPOSAL 1.3.1 A ProPosal has been outlined for the conversion of several existing agricultural barns into detached residential ProPerties with associated gardens and Parking. 1.4 LEGISLATION AND PLANNING POLICY 1.4.1 GCN are a EuroPean Protected Species and are afforded Protection under the Conservation of Habitats and SPecies Regulations 2017 (as amended) and the Wildlife and Countryside Act, 1981 (as amended). GCN are also listed as a SPecies of PrinciPal ImPortance (SPI) under the NERC Act 2006 and are a UK Biodiversity Action Plan (BAP) and Kent priority species. Under this combined legislation it is an offence to: • Deliberately caPture, injure or kill a GCN; • Intentionally or recklessly disturb a GCN; • Deliberately take or destroy GCN or the eggs of GCN; • Damage or destroy a breeding site or resting Place of a GCN; • Possess or advertise/sell/exchange a GCN (dead or alive) or any Part of a GCN, and • Intentionally or recklessly obstruct access to any structure or Place used by GCN for breeding or shelter. 1.4.2 The National Planning Policy Framework (NPPF) sets out that the Planning system should contribute and enhance the local environment, for examPle, through ‘minimising the imPacts on biodiversity and Providing net gains in biodiversity where possible’. Furthermore, the NPPF outlines a number of PrinciPles relating to Protected sPecies including GCN which the local Planning authorities should follow when determining Planning aPPlications, these include: PJC Ref No: PJC/3965AO/18 Date: 18/10/2018 § ‘...if significant harm resulting from a develoPment cannot be avoided…adequately mitigated, or, as a last resort, compensated for, then Planning Permission should be refused’; § ‘…oPPortunities to incorPorate biodiversity in and around develoPments should be encouraged’; and 1.4.3 When determining the apPlication, the local Planning authority also has a duty to consider the Possible effects of a ProPosed develoPment uPon Protected sPecies and habitats. Circular 06/2005 states that: § ‘The Presence of a Protected sPecies is a material consideration when a Planning authority is considering a develoPment ProPosal that, if carried out, would be likely to result in harm to the sPecies or its habitat’. 1.4.4 The Sevenoaks District Core Strategy (2011) sets out the relevant Policies for the control of develoPment. Policy SP11 ‘Biodiversity’ sets out the following to Protected sPecies including GCN and the ProPosed develoPment: • ‘The biodiversity of the District will be conserved and oPPortunities sought for enhancement to ensure no net loss of biodiversity. Sites designated for biodiversity value will be Protected with the highest level of Protection given to nationally designated Sites of Special Scientific Interest, followed by Local Wildlife Sites and sites of local imPortance for biodiversity. Designated sites will be managed with the Primary objective of Promoting biodiversity whilst also Providing for aPPropriate levels of Public access. OpPortunities will be sought for the enhancement of biodiversity through the creation, protection, enhancement, extension and management of sites and through the maintenance and, where Possible, enhancement of a green infrastructure network to imProve connectivity between habitats.' 1.5 SITE DESCRIPTION 1.5.1 The Site is located between MagPie Bottom road and Birchin Cross road, within an area of land at Porters Farm, which is situated to the southeast of Romney Street village centre and more broadly to the northeast of Sevenoaks town centre (Central OS grid reference: TQ55440 60837). The Site for the majority comPrises agricultural buildings, with small parcels of grassland and ruderal vegetation, with the Site enclosed by a mixture of species poor and sPecies rich hedgerows. The Site is situated within a rural setting, surrounded on all asPects by farmland fields. 1.5.2 The location of the Site within its environs and the closes Pond can be seen in Figure 1 below. PJC Ref No: PJC/3965AO/18 Date: 18/10/2018 Figure 1: Site Location Plan Pond PJC Ref No: PJC/3965AO/18 Date: 18/10/2018 2 MITIGATION MEASURES 2.1.1 The mitigation measures detailed below are Provided to ensure that