Shooting Lodge, Swarraton Farm, Brown Candover, Hampshire

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SHOOTING LODGE, SWARRATON FARM, BROWN CANDOVER, HAMPSHIRE

ECOLOGICAL ASSESSMENT

Final Document November 2013

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Invertebrate, Bird, Mammal, Reptile, Amphibian and Botanical Surveys Management Plans  Habitat Appraisal  Marine  NVC  EcIA

ECOSA Ltd, 1 Beck Mews, 108 Stockbridge Road, Winchester, Hampshire, SO22 6RN Tel: 01962 866113 Email: [email protected] Web: www.ecosa.co.uk

Registered Office: 3-4 Eastwood Court, SO51 8JJ Registered in England No: 6129868

Shooting Lodge, Swarraton Farm, Brown Candover, Hampshire– Ecological Assessment ECOSA Ltd th Final Document 8 November 2013

SHOOTING LODGE, SWARRATON FARM, BROWN CANDOVER, HAMPSHIRE

ECOLOGICAL ASSESSMENT

Table of Contents

EXECUTIVE SUMMARY ...... 1

1.0 INTRODUCTION ...... 3 1.1 Background...... 3 1.2 Aims and Scope of Report ...... 3 1.3 Site Setting and Description ...... 4 1.4 Site Proposals...... 4

2.0 METHODS ...... 5 2.1 Introduction ...... 5 2.2 Desk-Based Assessment Methods ...... 5 2.3 Phase 1 Field Assessment ...... 5 2.3.1 Vegetation ...... 5 2.3.2 Badger ...... 5 2.3.3 Bats ...... 6 2.3.4 Dormouse ...... 6 2.3.5 Breeding Birds ...... 6 2.3.6 Reptiles ...... 6 2.3.7 Great Crested Newt ...... 6 2.3.8 Terrestrial Invertebrates...... 7 2.4 Initial Protected Species Assessment ...... 7 2.4.1 Bats - Building Assessments ...... 8 2.4.2 Badger, Dormouse, Breeding Birds, Reptiles, Great Crested Newt and Terrestrial Invertebrates...... 8 2.5 Phase 1 Survey Timing and Weather Conditions ...... 7 2.6 Phase 1 Survey Equipment ...... 7 2.7 Phase 1 Survey Limitations ...... 7 3.0 RESULTS ...... 11 3.1 Introduction ...... 11 3.2 Desktop Study ...... 11 3.2.1 Statutory and Non-statutory Designated Sites ...... 11 3.3 Vegetation...... 11 3.4 Badger ...... 13 3.5 Bats ...... 13 3.5.1 Bats - Building Assessment ...... 13 3.5.2 Foraging and Commuting Habitat ...... 13 3.6 Dormouse ...... 16 3.7 Breeding Birds ...... 17 3.8 Reptiles ...... 17 3.9 Great Crested Newt ...... 17 3.10 Terrestrial Invertebrates ...... 18 3.11 Overall Site Assessment ...... 18

4.0 EVALUATION, IMPACTS AND RECOMMENDATIONS ...... 19 4.1 Introduction ...... 19 4.2 Designated Sites ...... 19 4.2.1 Summary ...... 19

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4.2.2 Potential Impacts of Proposed Development ...... 19 4.2.3 Recommendations ...... 19 4.3 Vegetation...... 19 4.3.1 Summary ...... 19 4.3.2 Potential Impacts of Proposed Development ...... 19 4.3.3 Recommendations ...... 19 4.4 Badger ...... 20 4.4.1 Summary ...... 20 4.4.2 Potential Impacts of Proposed Development ...... 20 4.4.3 Recommendations ...... 20 4.5 Bats ...... 21 4.5.1 Summary ...... 21 4.5.2 Potential Impacts of Proposed Development ...... 21 4.5.3 Recommendations ...... 21 4.6 Dormouse ...... 24 4.6.1 Summary ...... 24 4.6.2 Potential Impacts of Proposed Development ...... 24 4.6.3 Recommendations ...... 25 4.7 Breeding Birds ...... 25 4.7.1 Summary ...... 25 4.7.2 Potential Impacts of Proposed Development ...... 25 4.7.3 Recommendations ...... 25 4.8 Reptiles ...... 26 4.8.1 Summary ...... 26 4.8.2 Potential Impacts of Proposed Development ...... 26 4.8.3 Recommendations ...... 26 4.9 Great Crested Newt ...... 26 4.9.1 Summary ...... 26 4.9.2 Potential Impacts of Proposed Development ...... 26 4.9.3 Recommendations ...... 27 4.10 Terrestrial Invertebrates ...... 27 4.10.1 Summary ...... 27 4.10.2 Potential Impacts of Proposed Development ...... 27 4.10.3 Recommendations ...... 27 4.11 Updating Survey ...... 27

APPENDICES

Appendix 1 Protected Species Legislation

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EXECUTIVE SUMMARY

. An extended Phase 1 ecological assessment was undertaken on 25th September 2013 at Shooting Lodge, Swarraton Farm, Brown Candover, Hampshire, SO24 9TS. The proposals entail the demolition of the modern 1950’s open fronted barn within the site, the refurbishment of the smaller barn in the north of the site to provide suitable storage and the conversion of the largest of the three barns (the heifer barn) to provide a new shooting lodge.

. The extended Phase 1 ecological assessment involved a Phase 1 field survey. The Phase 1 field survey was aimed at assessing the potential for the site to support badger, bats, dormouse, reptiles, great crested newt, terrestrial invertebrates and breeding birds. The Phase 1 field survey also involved an assessment of on-site vegetation for its value in relation to habitat communities present.

. Subsequent to the findings of the Phase 1 survey, a single Phase 2 bat survey was undertaken at the site in October 2013 to establish the presence/likely absence of roosting bats within the barn buildings within the site.

. The site itself consists of three buildings, a large heifer barn building to the south of 19th century construction, a small barn building at the northern boundary of the site similar in construction to building 1 and an open fronted 1950’s barn building on the eastern boundary of the site.

. Recommendations have been made to maximise ecological gains regarding native species planting.

. The Phase 2 bat survey at the site identified a low status roost of common pipistrelle under loose roofing slates and within timber soffit boarding on the western end of the large heifer barn building. A total of four individuals were recorded emerging during this survey. Foraging and commuting activity was moderate during this survey with the vast majority of the activity attributed to common pipistrelle. Further bat surveys were not undertaken at the site as the optimal period for bats surveys had passed at the time of survey and, therefore, given the time of year further bat surveys were not considered suitable.

. Given the findings of the Phase 2 survey, a European Protected Species Mitigation (EPSM) licence will be required prior to the commencement of works. Suitable mitigation has been proposed including sensitive renovation works, provision of new access points and construction of a new dedicated bat void. Prior to the EPSM licence application a further two Phase 2 bat surveys will be undertaken at the site

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during the optimal bat survey period in order to inform the licencing process. It is considered that the mitigation proposed is sufficient in scale and design in order to provide scope for mitigation for a higher status roost than those recorded during the initial Phase 2 survey.

. The heifer barn and smaller barn at the north of the site were both recorded as containing evidence of nesting birds. In addition, evidence of roosting barn owl was recorded within the heifer barn during the Phase 1 survey as well as barn owl roosting activity recorded during the Phase 2 bat survey undertaken. Therefore, in order to offset losses, one barn owl box is to be erected on a suitable mature tree adjacent to the site (but with landowners control) and one barn owl box is to be erected within the barn in the north of the site, which is to be retained as a barn as part of the proposals.

. Any vegetation clearance and building demolition should be undertaken outside of the bird nesting season which extends from March to August inclusive. If this is not possible, pre-clearance bird checks should be undertaken by an ecologist to avoid potential impacts on nesting birds.

. Recommendations have also been made to erect bird boxes at the site in order to offset the losses to nesting habitat as a result of the renovation works.

. The site will require an updating Phase 1 ecological survey should re-development have not taken place by September 2015.

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1.0 INTRODUCTION

1.1 Background Ecological Survey & Assessment Limited (ECOSA) have been contracted by ADAM Architecture to undertake an extended Phase 1 ecological assessment at Shooting Lodge, Swarraton Farm, Brown Candover, Hampshire, SO24 9TS. The site is centred on National Grid Reference SU 5831 3958.

At the time of writing, a planning application at the site is currently under consideration by Basingstoke and Deane Borough Council (Ref: 13/01270/FUL). This report has been prepared following comments made by the Biodiversity Officer at Basingstoke and Deane Borough Council:

“The following information is required to assess Biodiversity implications:

An ecological survey/assessment of the development site which should include information on the potential for the development site to be used by protected species, in particular bats, barn owls and breeding birds.”

During the extended Phase 1 ecological survey carried out on 25th September 2013, two of the buildings within the site were identified as having potential to support roosting bats. Given these findings, a single Phase 2 bat survey was carried out at the site in October 2013.

This report presents the findings of the Phase 1 ecological assessment carried out by ECOSA on the 25th September 2013 and the subsequent Phase 2 bat survey carried out on the 8th October 2013.

1.2 Aims and Scope of Report This report is based on a Phase 1 field survey which is aimed at assessing the suitability of the site and its immediate surrounds to support notable habitats and protected species. This information allows an initial assessment of the biodiversity value of the site to be made.

The Phase 2 bat survey was aimed at providing a detailed assessment of roosting bats at the site and to assess the number, species and location of bat roosts and to determine key areas of foraging and commuting activity.

The data gathered during the Phase 1 and 2 surveys has been used to assess the potential ecological impacts of the proposed redevelopment works, and to make recommendations based on the findings of the surveys and the identified impacts.

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1.3 Site Setting and Description The Shooting Lodge site is situated in the Hampshire Downs Natural Area, described by Natural England as follows1:

"The Hampshire Downs are part of the broad belt of chalk downland which runs through central southern England. To the east of the Natural Area the chalk forms a dramatic escarpment at the western edge of the Weald. The character of the Hampshire Downs has a strong identity, with a great sense of openness and space. It is a large scale landscape of open rolling country with broad, gently domed undulating plateaux dissected by both steep and shallow valleys numerous distinct hilltops, ridges and scarps.

The main habitats found within this natural area include extensive chalk grasslands, ancient woodlands, the river valleys with chalk streams rich in wildlife, and arable headlands which support good arable weed communities."

The site is situated within the village of Brown Candover, Hampshire approximately 7km to the north of the town of Alresford. The site is bounded to the south and east by an arable field and field boundaries, to the north by a residential property and to the west by a small lane.

The wider area consists of the village of Brown Candover, agricultural fields with associated boundary vegetation and occasional blocks of woodland and copses.

The site itself consists of three buildings, a large heifer barn building to the south of 19th century construction (hereafter referred to as Building 1), a small barn building at the northern boundary of the site similar in construction to building 1 (hereafter referred to as Building 2) and an open fronted 1950’s barn building on the western boundary of the site (hereafter referred to as Building 3).

1.4 Site Proposals The proposals for the site are for the demolition of building 3, the refurbishment of building 2 to provide suitable storage and the conversion of building 1 to provide a new shooting lodge. A planning application for the proposals is being considered by the planning authority at the time of writing this report.

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).

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2.0 METHODS

2.1 Introduction This section details the methods used during the Phase 1 ecological assessment and the Phase 2 bat survey undertaken at Shooting Lodge site, Swarraton Farm, Brown Candover, Hampshire.

2.2 Desk-Based Assessment Methods The Multi-Agency Geographic Information for the Countryside (MAGIC)2 database was accessed on 24th September 2013 in order to establish the presence of statutory designated sites located within the vicinity of the site. This included a search for all internationally designated sites such as Special Protection Areas (SPAs); Special Areas of Conservation (SACs) and Ramsars within 7km of the site and a search for nationally designated sites including Sites of Special Scientific Interest (SSSIs); Local Nature Reserves (LNRs) and National Nature Reserves (NNRs) within 1km of the site.

2.3 Phase 1 Field Assessment The Phase 1 ecological field survey was carried out on the 25th September 2013. The survey involved a walkover of the site to identify the habitat types present and to record evidence of protected species, with particular reference to badger Meles meles, bats, dormouse Muscardinus avellanarius, breeding birds, reptiles, great crested newt Triturus cristatus and terrestrial invertebrates. Details of the species- specific survey methods are given below.

2.3.1 Vegetation An assessment was made of all areas of vegetation within the site using the standardised Phase 1 survey methodology3. This involved a walkover survey to identify broad vegetation types, which were then classified against Phase 1 habitat types. A list of characteristic plant species for each vegetation type was also compiled.

2.3.2 Badger The survey involved a detailed investigation of the site to identify evidence of badger residence, foraging or territorial activity. Particular emphasis was placed on locating badger setts, paths, and signs of territorial activity such as latrine sites both on site and within 30m of the site where access was possible.

2 http://defra.magic.gov.uk 3 Handbook for Phase 1 habitat survey: A technique for environmental audit – Field manual (2003), Joint Nature Conservation Committee (JNCC)

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2.3.3 Bats An assessment was made of the suitability of buildings on the site to support roosting bats. An assessment was made of the suitability of the site and the surrounding landscape to support foraging and/or commuting bat species. The survey conformed to current Bat Conservation Trust guidelines4.

2.3.4 Dormouse The assessment for the potential of the site to support dormouse was based on an assessment of habitat features that may indicate that dormice are present on the study area. This includes the presence of food sources such as common hazel Corylus avellana and honeysuckle Lonicera periclymenum. Additionally, the species requires a continuum of food supply so that habitat structure, diversity and connectivity to adjacent areas of woodland/scrub are important features for determining the potential presence of dormice.

2.3.5 Breeding Birds The assessment of breeding birds on the site was based on the suitability of habitat present, evidence of nesting such as old or currently active nests and the presence of bird species that may potentially nest within the available habitat.

2.3.6 Reptiles The reptile survey was based on an assessment of the suitability of habitat present within the site to support a population of common reptiles. Reptiles particularly favour scrub and grassland interfaces and the presence of these is a good indication that reptiles may be present on site. In addition, reptiles may utilise features such as bare ground for basking, tussocky grassland for shelter and compost heaps and rubble piles for breeding and/or hibernating.

2.3.7 Great Crested Newt The assessment of the site to support great crested newts included establishing the presence of suitable aquatic habitats such as ponds within or adjacent to the site and the presence of suitable terrestrial habitat. Ponds that are densely shaded, highly eutrophic or that contain fish are likely to be less suitable for this species.

In addition, online mapping resources were used to identify the presence of ponds or other waterbodies within a 500 metre (m) radius of the site. The 500m is a standardised search radius to assist in the assessment of the potential of a site and

4 Bat Surveys Good Practice Guidelines 2nd Edition (2012), Bat Conservation Trust (BCT)

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its surrounding habitat to support this species, based on current Natural England guidance5.

2.3.8 Terrestrial Invertebrates An assessment was made of the site for its potential value to support diverse communities of invertebrates or any Biodiversity Action Plan (BAP) or scarce species. The assessment was made based on the presence of habitat features which may support important invertebrate communities. These features include, for example, an abundance of dead wood, the presence of diverse plant communities, the presence of varied woodland structure and sunny woodland edges with a diverse flora, presence of ponds and water courses and the presence of free draining soil exposures. During the Phase 1 survey there was no attempt made to identify species present and where a site supports features that may be of importance to invertebrates then further Phase 2 surveys may be required to assess the importance of the site.

2.4 Phase 1 Survey Timing and Weather Conditions The extended Phase 1 ecological survey was carried out by Richard Chilcott of ECOSA on the 25th September 2013. The weather conditions were sunny, dry and mild with approximately 19% cloud cover and an ambient temperature of 19ºC.

2.5 Phase 1 Survey Equipment During the Phase 1 survey the surveyor was equipped with 10x40 binoculars, ladders, a high powered torch and a digital camera.

2.6 Phase 1 Survey Limitations Not all potential bat roosting features are accessible to the surveyor, e.g. gaps within soffit boxes, behind fascias and hanging tiles, beneath roof materials and therefore assessments are based upon the potential for these features to provide suitable roosting opportunities.

2.7 Initial Protected Species Assessment Details of the assessment criteria used to determine the ecological value of on-site attributes during the Phase 1 survey is outlined below. During a Phase 1 survey the assessment criteria is based on the potential for the site to support the species considered, this is usually based on the habitat features and their suitability for the species considered. However, in many cases Phase 2 surveys will be required to assess the status of species and hence the importance of a population at the site, therefore the assessment of value should be considered a provisional assessment.

5 Great Crested Newt Mitigation Guidelines, Natural England, August 2001.

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2.7.1 Bats - Building Assessments An assessment was made of the on-site buildings which have been graded for their potential to support bats based upon the following criteria6:

. Confirmed Roost - Evidence of bat presence confirmed during survey. Evidence may include presence of bats themselves (live or dead), presence of droppings, feeding remains, urine stains etc. Where possible, a provisional assessment of roost status is made although this will require further Phase 2 surveys to confirm status.

. High Potential - High potential buildings are those that have features highly suitable for use by roosting bats, including gaps around soffits, hanging tiles, extensive roof spaces etc. High potential buildings are often, but not always, buildings of more historic construction. Further Phase 2 surveys will be required to confirm the presence/absence of bats.

. Medium Potential - Medium potential buildings have a moderate number of features that may be utilised by bats for roosting, these may include loose fascia, roof spaces etc. Further Phase 2 surveys are likely to be required to confirm the presence/absence of bats.

. Low Potential - Low potential buildings are those that provide limited bat roosting potential although some features that may be utilised by bats may be present. Further Phase 2 surveys are likely to be required to confirm the presence/absence of bats.

. Negligible Potential - Negligible potential buildings are extremely unlikely to support roosting bats due to the absence of suitable features. Further Phase 2 surveys are unlikely to be required for buildings with negligible potential.

2.7.2 Badger, Dormouse, Breeding Birds, Reptiles, Great Crested Newt and Terrestrial Invertebrates The potential for the sites to support protected species is based on the results of the field survey assessment. The potential for on-site habitat to support badger, dormouse, breeding birds, reptiles, great crested newt, terrestrial invertebrates and breeding birds is based upon the following criteria:

. Species Present - In some instances, the presence of a protected species can be confirmed by the presence of recorded evidence, for example badger hairs or

6 The criteria are an attempt to qualify the potential for a given building or tree to support roosting bats and are to a degree subjective. Bats may make use of a single feature on an otherwise unsuitable building or tree and therefore an assessment of bat potential cannot solely be based on the quantity of potential roost features present.

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latrines and hazel nut gnawed in the characteristic style by dormice. In these instances further Phase 2 surveys will be required in order to establish the statuses of the respective species.

. High Potential - Species confirmed as present during the field survey. The on- site habitat is of high quality for a given species/species group. The site is located within or adjacent to a national or regional stronghold. Good quality surrounding habitat and good connectivity. Further Phase 2 surveys will be required to assess the presence/absence of the species.

. Medium Potential - The on-site habitat is of moderate quality, providing most or all of the known key requirements of a given species/species group. Factors limiting the potential of occurrence may include small habitat area, habitat severance and disturbance. Further Phase 2 surveys will be required to assess the presence/absence of the species.

. Low Potential - On-site habitat is of poor to moderate quality for a given species/species group. Although presence cannot be discounted on the basis of national distribution, nature of surrounding habitats, habitat fragmentation, recent on-site disturbance etc. Further Phase 2 surveys may be required to assess the presence/absence of the species.

. Negligible Potential - Although presence cannot be absolutely discounted, the site includes very limited or poor quality habitat for a particular species/species group. The surrounding habitat is considered unlikely to support wider populations of a species/species group. The site may also be outside or peripheral to known the national range for a species. Further Phase 2 surveys are unlikely to be required to assess the presence/absence of the species.

2.8 Phase 2 Bat Survey

2.8.1 Survey Methods The initial Phase 1 survey assessed that two of the buildings within the site (Buildings 1 and 2, Table 2) provide bat roost potential, and as a result were the subject of a Phase 2 emergence survey. During the Phase 2 survey each surveyor recorded the time, species, location and direction of flight for each bat encountered, with particular attention paid to establishing bat access/egress locations, foraging areas and commuting routes.

The Phase 2 survey was undertaken by five experienced ECOSA surveyors who were positioned at previously identified vantage point areas around the two buildings.

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These vantage point locations allowed near full survey coverage of all elevations of the buildings.

The dusk emergence surveys were carried out from 15 minutes before sunset until up to two hours after sunset. Table 1 provides details of the Phase 2 survey visit.

Table 1: Phase 2 Bat Survey Details Survey Sunset/Sunrise Survey Date Duration Weather Conditions Type Time 8th October 16oC, still, dry, 80% Dusk 18:10 – 20:00 18:28 2013 cloud cover

2.8.2 Phase 2 Bat Survey Personnel The Phase 2 survey was undertaken by five suitably qualified and experienced ECOSA surveyors.

2.8.3 Phase 2 Bat Survey Equipment During the Phase 2 surveys each surveyor was equipped with a Pettersson D240X time expansion bat detector. The Pettersson detectors were connected to Edirol R-09 recorders for the full duration of the surveys. Recordings made with the Pettersson detectors were later analysed using Sonobat® (v2.9.7) to confirm the identity of any species encountered.

2.8.4 Phase 2 Bat Survey Limitations Due to the time of year that the Phase 1 survey was undertaken it was only possible to undertaken a single Phase 2 emergence survey, which was undertaken outside of the optimum period for bat surveys. However, the weather conditions during the survey were favourable for the survey. Given the favourable climatic conditions, it is deemed that the survey undertaken provides an initial understanding of the status of bats at the site. However, in line with BCT Guidance, three surveys would usually be undertaken at the site, however, it was deemed that any further surveys post-October would not provide meaningful survey data. Therefore, the remaining two surveys are scheduled for the optimal bat survey season (June – August) in 2014.

Some bat species, e.g. long-eared bats, generally emerge from their roosts in total darkness and do not produce strong echolocations, and therefore these bats can be difficult to observe and record during Phase 2 bat surveys, leading to under- recording.

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3.0 RESULTS

3.1 Introduction This section details the results of the extended Phase 1 ecological assessment and the Phase 2 bat survey undertaken at Shooting Lodge, Swarraton Farm, Brown Candover, Hampshire during September and October 2013.

3.2 Desktop Study

3.2.1 Statutory and Non-statutory Designated Sites The MAGIC website search revealed that there are no statutory designated sites of nature conservation situated within a 1km radius of the site.

A single statutory site designated of international nature conservation importance was identified within 7km of the site. The River Itchen Special Area of Conservation (SAC) lies approximately 4.6km south-west of the site. This site is designated as an internationally important chalk river and for supporting populations of bullhead Cottus gobio and southern damselfly Coenagrion mercuriale. This site is also designated as a Site of Special Scientific Interest (SSSI).

3.3 Vegetation The vegetation within the site is described here in general terms using Phase 1 habitat survey terminology and referring to dominant, characteristic and other noteworthy species in each vegetation type within the survey area. The habitat types on site consist of:

. Tall ruderal; . Species-poor semi-improved grassland; . Scrub; . Recolonising ground; and . Hardstanding and Buildings

Tall Ruderal Areas of tall ruderal vegetation are present associated with the margins of the site and surrounding the buildings. The habitat is dominated by common nettle Urtica dioica with hogweed Heracleum sphondylium, creeping thistle Cirsium arvense, burdock Arctium minus, red-dead nettle Lamium purpureum, broad-leaved dock Rumex obtusifolius, spear thistle Cirsium vulgare, prickly sow-thistle Sonchus asper, ragwort Senecio jacobaea, butterfly-bush Buddleja davidii, mugwort Artemisia vulgaris, bristly ox-tongue Picris echioides and teasel Dipsacus fullonum also present.

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A ditch is present at the south-eastern corner of the site which is dominated by ruderal vegetation and contains spoil piles.

Figure 1: General view of habitats within the site

Species-poor semi-improved grassland Small areas of rough semi-improved grassland are present at the boundaries of the site. Species present include cock’s-foot Dactylis glomerata, perennial rye-grass Lolium perenne, Yorkshire fog Holcus lanathus, creeping bent Agrostis stolonifera, dove’s-foot crane’s-bill Geranium molle, dandelion Taraxacum officinale aggregate (agg.), white clover Trifolium repens, scentless mayweed Tripleurospermum inodorum, daisy Chrysanthemum maximum, creeping thistle, yarrow Achillea millefolium, and black medic Medicago lupulina.

Scrub Small areas of scattered scrub are present within the site associated with the boundaries and adjacent to the buildings. Species present include elder Sambucus nigra, willow Salix species (sp.), silver birch Betula pendula, snowberry Symphoricarpos albus and lilac Syringa vulgaris.

Recolonising Vegetation The areas of hardstanding have become recolonised by vegetation. The species are generally similar to those found within the adjacent ruderal and grass vegetation.

Hardstanding and Buildings A large proportion of the site comprises buildings and hardstanding. Building descriptions are provided in Table 2.

Summary The habitats present on site are typical of a brownfield site largely comprising early colonising species of a common and widespread nature.

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3.4 Badger Evidence of foraging badger was recorded within the arable field at the eastern boundary of the site and within small areas of grassland within the site. The site itself offers some suitability for foraging badger in the form of grassland and ruderal vegetation. Small mammal holes attributable to rabbit Oryctolagus cuniculus were recorded amongst the ruderal vegetation in the south-east corner of the site. It is considered that this area has potential for badger sett construction, although no evidence of badger setts were recorded during the survey. Given the small areas where foraging signs were recorded, site is considered to be of medium potential for foraging badger and sett construction.

3.5 Bats

3.5.1 Bats - Building Assessment The results of the Phase 1 bat survey for the on-site buildings are provided in Table 2.

Three buildings are present within the site. Building 1 was recorded as having high potential to support roosting bats with historic evidence of bats recorded within the building. Building 2 was assessed as having low potential to support roosting bats whilst Building 3 was assessed as having negligible potential to support roosting bats.

3.5.2 Foraging and Commuting Habitat The site contains limited foraging and commuting habitat for bats associated with the tall ruderal and scrub. Habitat considered more suitable is present within the wider area associated with adjacent mature hedgerows and trees. Therefore, it is considered the site offers low potential for foraging and commuting bats.

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Table 2: Building Assessment – Summary of features with bat roost potential and evidence of bat roost activity

Surveyed Photo Building Description Description of Potential Bat Evidence of Bat Roost Assess. of Feature Roost Features Activity and Location Bat Roost Potential Building 1 This is the main barn building The barn contains a number of During the Phase 1 survey a High within the site, situated to the potential access/egress points for small number of old bat south. This building is a large bats. The roof itself is in a poor droppings were recorded 19th century single storey barn state of repair with numerous within the central section of building of breeze block loose and missing roof slates the barn. Given the age and construction and pitched slate (Figure 4) and ridge tiles with small number of droppings roof (Figure 2). The building areas of wooden soffits at the present it was not possible contains three sections forming gable ends, also in a poor state of to confirm the species. It is a “c-shape”. Two “lean-to” repair. Given the presence of also not possible to confirm

Figure 2 View of south- structures are also present on boarding underneath the slates whether these droppings are eastern wing of barn the eastern and western wings, this provides suitable opportunities attributable to a roosting bat the roofs of which have now for crevice dwelling bat species. within the barn or a foraging collapsed. Four gable ends are Internally the building is generally individual. present, two to the south and light and airy. However potential one on each of the eastern and roosting opportunities are western elevations. The gable associated with the apex, and at ends contain areas of timber the joins between the timbers and soffits. under boarding.

Internally the barn is generally open with wooden boarding on Figure 3 Internal view of the roof and timber frame eastern wing of barn construction (Figure 3).

Figure 4 Example of loose roofing slates on the barn building

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Surveyed Photo Building Description Description of Potential Bat Evidence of Bat Roost Assess. of Feature Roost Features Activity and Location Bat Roost Potential Building 2 This building is a smaller barn A number of potential access During the Phase 1 Low building situated in the north of points are present associated with investigation no evidence of the site, of similar construction the open entrances and loose bat activity was recorded. to building 1. This building is slates. Internally, although the single storey breeze block built building is generally light and airy, barn with a pitched slate roof roosting opportunities are present (Figure 5). associated with gaps at the ridge and gable end.

Figure 5 View of south- Internally the slates are placed eastern aspect of barn straight onto the batons with a timber frame roof construction (Figure 6).

Figure 6 Internal view of barn

Building 3 This building is a large open The building is open, light and airy During the Phase 1 Negligible fronted barn building of single and is not of a construction investigation no evidence of skinned corrugated asbestos favoured by bats. bat activity was recorded. and breeze block construction.

Figure 7 View of northern aspect of building 3

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3.5.3 Phase 2 Bat Survey Results Table 3 details the species, number and location of bats recorded during the Phase 2 bat survey in 2013. During the Phase 2 survey, two species of bat were recorded, common pipistrelle, Pipistrellus pipistrellus and a Myotis bat species7.

Table 3: Phase 2 bat survey results Survey Recorded Bat Roosts General Bat Activity at the Site Date 8th October Species No. First Last Species First Last 2013 Emerged Emergence Emergence Pass Pass Common Common 4 18:52 18:53 18:48 19:51 pipistrelle pipistrelle Myotis bat 19:30 19:30 Summary: species A total of four common pipistrelle were recorded emerging from building 1, all of which Summary: were recorded emerging in quick succession. Moderate levels of common pipistrelle One individual was recorded emerging from forging and commuting activity was the wooden soffits on the western gable end recorded during this survey with a whilst three individuals were recorded single registration also made of Myotis emerging from under loose roofing on the roof bat species. between the central section and western wing.

The survey recorded four common pipistrelle emerging from the western end of Building 1. Moderate levels of foraging and commuting activity were recorded during the survey with a single registration of a Myotis bat species also made.

Summary Bat Assessment Given the results of the Phase 2 survey undertaken in October 2013 it is considered that the site supports a minimum of four roosting common pipistrelle. Given the numbers recorded it is considered these are low status roosts of individual bats. However, it is acknowledged that a maternity roost of this species or the presence of other species of roosting bat cannot be ruled out at this stage given that the survey was undertaken outside of the maternity period and a further two surveys are scheduled to take place in 2014. The foraging and commuting activity recorded was generally moderate throughout and a proportion of the registrations were made from adjacent offsite habitat. It is considered that the site is of low importance for bats based on the single survey undertaken during October 2013. This assessment will be re-visited upon completion of the 2014 surveys.

7 There are seven species of Myotis bats in Britain. Myotis bats are very difficult to identify specifically, this can generally only be done by examination of physical features and Phylogenetic Analysis Identification of bat droppings. Many of these bats are common and will utilise buildings for roosting often occupying small and inaccessible voids. For the purpose of this report all species shall be referred to as Myotis bats unless a specific identification has been possible.

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3.6 Dormouse The site contains no suitable habitat to support dormouse, with the small areas of scrub present being scattered and isolated from the surrounding habitat. Suitable habitat is present at the field margins adjacent to the south and east of the site; however, these habitats are not directly linked to the site. It is concluded that there is negligible potential for the site to support this species.

3.7 Breeding Birds The site supports suitability for nesting birds primarily due to the opportunities offered by Buildings 1 and 2, and to a lesser extent the small areas of scrub which are present within the site.

During the Phase 1 survey numerous nests and droppings were recorded within Building 1. A nesting woodpigeon Columba palumbus was recorded during the survey. An old barn owl Tyto alba pellet was recorded in the western wing of Building 1. A barn owl was also recorded roosting within this building during the Phase 2 bat survey. Old bird nests were recorded within Building 2 including those indicative of swallow Hirundo rustica.

Other bird species recorded during the Phase 1 and Phase 2 survey include the red listed8 house sparrow Passer domesticus (see Appendix 1 for further details), little owl Athene noctua and blackbird Turdus merula.

Suitable nesting habitat is present in the wider area given the areas of woodland, trees and hedgerows which are present. Given the findings of the Phase 1 survey, it is considered that the site offers high potential for breeding birds.

3.8 Reptiles The longer grassland margins and ruderal vegetation contain some suitable structure to support common species of reptiles with other similar habitat present adjacent to the south and east of the site. Therefore, it is considered that the site offers low potential for common species of reptile.

3.9 Great Crested Newt A review of online aerial photography and OS 1:25,000 mapping identified a single pond within 500m of the site boundary. This waterbody is located approximately 430m north-east of the site and is a large pond situated adjacent to a small copse.

8 Eaton MA, Brown AF, Noble DG, Musgrove AJ, Hearn R, Aebischer NJ, Gibbons DW, Evans A and Gregory RD (2009) Birds of Conservation Concern 3: the population status of birds in the United Kingdom, Channel Islands and the Isle of Man. British Birds 102, pp296–341.

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The site itself does offer suitable great crested newt terrestrial habitat in the form of the grassy margins and ruderal vegetation.

However, given the removed nature of the waterbody and the small areas of sub- optimal habitat which is present within the site it is considered that the site offers negligible potential to support great crested newt.

3.10 Terrestrial Invertebrates Suitable habitat for terrestrial invertebrates is present within the site associated with the longer grassland areas and ruderal vegetation. However, it is probable that only a limited diversity of invertebrates would be present at the site with the greater opportunities for invertebrates existing in the wider area. Therefore, the site is assessed as having low potential for terrestrial invertebrates. There is no evidence to suggest that any rare or notable species maybe present given the widespread and common nature of the habitats within the site and lack of favourable features such as woodland.

3.11 Overall Site Assessment The majority of the vegetation present comprises species of a common and widespread nature and are of limited ecological value.

The site has been assessed as providing opportunities for foraging/commuting bats, breeding birds and reptiles. Low status roosts of individual common pipistrelle were also recorded within Building 1 during the Phase 2 bat survey. However, it is acknowledged that at this stage it is not possible to rule out higher status roosts being present at the site. The habitats present provide negligible potential for any other rare or notable species. Although the site contains habitat suitable for supporting the more commonly encountered species of wildlife, it is considered to be of low ecological value overall.

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4.0 EVALUATION, IMPACTS AND RECOMMENDATIONS

4.1 Introduction This section presents the conclusions of the extended Phase 1 ecological assessment and Phase 2 bat survey. It provides an initial assessment of the likely ecological constraints to the proposed development and recommendations for any further survey work considered necessary. An outline of protected species legislation relevant to the findings of this report is provided in Appendix 1.

4.2 Designated Sites

4.2.1 Summary The MAGIC search revealed no statutory sites of nature conservation interest within 1km of the site. The nearest site designated for its international importance is the River Itchen SAC/SSSI which lies approximately 4.6km south-west of the site.

4.2.2 Potential Impacts of Proposed Development Given the small scale nature of the proposals and the lack of any statutory designated sites within the vicinity of the site, no impacts are anticipated.

4.2.3 Recommendations Given the absence of impacts upon designated sites no further recommendations are considered necessary.

4.3 Vegetation

4.3.1 Summary The habitats within the site comprise species of a common and widespread nature and are of limited ecological value.

4.3.2 Potential Impacts of Proposed Development Given the limited value of the habitats within the site and the minor nature of the proposals the impacts upon habitats are considered to be negligible. Some small areas of vegetation may be lost to new areas of hardstanding.

4.3.3 Recommendations As an enhancement measure, any areas of lawn to be maintained could be sown with a flowering lawn mixture such as Emosgrate Seed Mix EL1 to increase floristic diversity.

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Where new areas of landscaping are to be undertake it is recommended that this incorporates native species of local provenance (if possible) and introduced species known to be of benefit to wildlife. The inclusion of such species would compensate for the loss of existing habitat. Examples of such suitable species include:

. Silver Birch; . Holly Ilex aquifolium; . Rowan Sorbus aucuparia; . Oak Quercus robur; . Yew Taxus baccata; . Hawthorn Crataegus monogyna; and . Dog-rose Rosa canina.

4.4 Badger

4.4.1 Summary The site offers medium potential for foraging and sett construction and evidence of foraging badger was recorded within and adjacent to the site.

4.4.2 Potential Impacts of Proposed Development Given the small scale of the habitats present within the site and that the proposals are largely restricted to the existing hardstanding and buildings it is considered that impacts on badger will be low.

4.4.3 Recommendations It is recommended that in the unlikely event a badger becomes trapped within any excavations that a ramp is inserted and that the badger be allowed to disperse of its own accord.

The inclusion of grassland areas or fruit bearing species (Paragraph 4.3.3) within any post-development planting would enhance foraging habitat for badger.

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4.5 Bats

4.5.1 Summary Building 1 and Building 2 were identified as having potential to support roosting bats. Building 3 was assessed as having negligible potential to support roosting bats. The site itself contains limited habitat to support foraging and commuting bats with the more suitable habitat present within the wider area.

A single Phase 2 survey at the site in October 2013 identified that Building 1 contains a low status bat roost supporting at least four common pipistrelle. No bats were recorded roosting in Building 2.

4.5.2 Potential Impacts of Proposed Development Given the results of the single Phase 2 survey the conversion works have the potential to result in the disturbance to bats and the potential loss of bat roosts.

In England, all bat species and their roosts are fully protected under the Wildlife and Countryside Act 1981 through inclusion in Schedule 5. In addition, these species are protected under the Conservation of Habitats and Species Regulations 2010. Refer to Appendix 1 for further details.

4.5.3 Recommendations As a result of the disturbance and loss of bat roosts at the site, a European Protected Species Mitigation (EPSM) license will be required before the development can commence. The data gathered during the Phase 1 and Phase 2 surveys provide initial data for the EPSM licence application. However, current guidance states that three surveys are required to fully assess the status of bats at a site where buildings are of high potential for roosting bats.

Therefore, in order to inform the EPSM licence application it is recommended that two further Phase 2 bat surveys are undertaken in 2014 in the optimal bat survey season with both of these to take place during the bat maternity period (June – August). Given this, the mitigation strategy proposed is based on the bat roosts currently recorded and takes into account the potential for a higher status bat roost to be recorded and the potential for different species to be recorded.

The species protection provision of the Habitats Directive, as implemented by the Conservation of Habitats and Species Regulations 2010 (as amended), contains three ‘derogation tests’ which must be applied by the Local Planning Authority at the Planning Application stage and by Natural England when deciding whether to grant a

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licence to a person carrying out an activity which would harm a European Protected Species. The three tests that must be met in order to successfully obtain a Natural England EPSM are as follows:

. The consented operation must be for ‘preserving public health or public safety or other imperative reasons of overriding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment’;

. There must be ‘no satisfactory alternative’; and

. The action authorised ‘will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range’.

In relation to the three derogation tests the following statements relate to the Shooting Lodge site:

Preserving Public Health and Safety or other Imperative Reasons of Overriding Public Interest

The buildings are currently in a state of disrepair and are unusable in their current state. Renovation works are required in order to preserve the buildings and convert them for a viable use.

No Satisfactory Alternative

In the event that renovation works are not undertaken there is the potential for the buildings to fall into a greater state of disrepair resulting in the eventual loss of the buildings and the long-term loss of bat roosts.

Maintaining the Favourable Conservation Status of the Species at the Site

Due to the presence of roosting bats within Building 1, the renovation works have the potential to disturb and result in the loss the identified bat roosts. The EPSM licence application will require the preparation of a clear and reasoned Method Statement which details the methods for maintaining the conservation status of the species at the site. Based upon the initial Phase 2 bat surveys undertaken in October 2013 this can be achieved by the following measures:

. All renovation works involving works to suitable bat roosting features will be carried out during either mid-March to late May or September/October. These two time periods are when bats are neither hibernating nor breeding.

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. Provision of four bat boxes, of suitable design, to be erected on mature trees adjacent to the site (within the landowners control) and prior to any works taking place, these will remain in place in perpetuity.

. Prior to any works commencing at the site, buildings will be inspected by a licensed bat worker to locate roosting bats. Any bats found during these inspections will, if necessary, be removed by hand and placed within previously erected bat boxes.

. A toolbox talk will be given to contractors on site and signage will be installed informing contractors of issues relating to bats and the renovation works.

. To ensure that no bats are injured or maimed during the renovation works, the careful removal of all suitable bat roosting features will be carried out by a licensed bat worker using hand tools.

. The renovated Shooting Lodge will incorporate a range of bat access, egress and roosting features appropriate and in proportion to the species, number and roost status of bats recorded.

. Ideally, the roof membrane will be a traditional bitumen based roof felt as current research9 shows that modern Breathable Roof Membranes (BRM’s) are not suitable for use in buildings where bat mitigation is required.

. A total of ten bat access tiles will be installed on Building 1. Modified tiles will provide suitably-sized gaps and crevices for roosting bats.

. A dedicated bat roost void will be installed within the roof void to provide suitable roosting opportunities for bats. Bat access/egress to the dedicated void will be via modified roof tiles, allowing bats to crawl through gaps in the roof lining materials into the void below. The bat roost void will be situated on within the western section of Building 1, a location which correlates with where bats have been recorded roosting during the Phase 2 survey. The void dimensions are to be approximately 5m x 3.5m x 2m. At the time of writing, no evidence has been recorded to indicate that bats are roosting within the wider barn building itself, and rather that crevice dwelling species are utilising suitable gaps between slates and boarding and soffits. Therefore, this void should more than mitigate for the current recorded bat roosts.

9 http://www.batsandbrms.co.uk

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. The structure of this roof void will largely mirror the existing structure of the barn roof in order to maintain existing roosting opportunities.

. Any new timber soffits to be installed, such as those on the western gable end where common pipistrelle was recorded, will maintain access/egress points, such as through the maintenance of gaps at the ends of the soffits, in order to provide roosting opportunities for bats.

. It is recommended that any proposed external illumination which may be introduced, is restricted to motion activated, low level bollard and sensor lighting. This would avoid impacts on bats in terms of lighting such as disturbance of roosts and/or foraging and commuting.

. If a bat is found during any unsupervised works, the supervising bat worker would be contacted immediately.

. To determine the success of the mitigation, roosting features will be monitored once a year between May and September for two years following the completion of the development.

. Building 2 will be retained largely as is currently present, with the works proposed largely minor repair to the existing building. Therefore, any roosting bats subsequently recorded will be largely unaffected within this building.

It is considered that the proposed mitigation will maintain the favourable conservation status of bats at the site. However, it is acknowledged that a single Phase 2 bat survey was undertaken outside of the optimal bat survey period and as such the above mitigation proposed will be re-visited upon final results of the 2014 Phase 2 bat survey. The EPSM licence application process will require the submission of the full mitigation strategy for approval by Natural England and therefore any minor adjustments to the mitigation strategy will be made at this stage.

4.6 Dormouse

4.6.1 Summary No suitable dormouse habitat is present within the site.

4.6.2 Potential Impacts of Proposed Development Given the absence of suitable dormouse habitat no impacts are anticipated.

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4.6.3 Recommendations Given the lack of impacts no further recommendations are considered necessary.

4.7 Breeding Birds

4.7.1 Summary The site offers high potential for nesting birds in the form of the buildings within the site. During the survey, a variety of nests were recorded within Building 1 and Building 2. Barn owl was recorded roosting within Building 1 during the Phase 2 bat survey in October 2013. Evidence of barn owl usage was also recorded during the Phase 1 survey.

4.7.2 Potential Impacts of Proposed Development The renovation works will results in a loss of nesting habitat for bird species including barn owl. Barn owl is listed under Schedule 1 of the Wildlife and Countryside Act 1981. If vegetation clearance or building demolition is carried out during the breeding bird season, which extends from March to August, inclusive, the development works, could potentially result in the disturbance and destruction of active nests. Under the Wildlife and Countryside Act 1981 all birds, their nests and eggs are protected by law. Refer to Appendix 1 for further details.

4.7.3 Recommendations It is recommended that, where possible, any removal or alteration of trees and shrubs and demolition of buildings is undertaken outside of the main bird nesting season which extends from March to August, inclusive. Should such works be necessary within this time period, then the site should be inspected by a suitably qualified ecologist immediately prior to works commencing.

Two barn owl boxes shall be erected. One of which will be erected within Building 2, (which is to be retained as a barn) whilst a second will be erected on a retained mature tree immediately adjacent to the site within the landowners control. When mitigating for the loss of barn owl roosts, it is best practice to provide a nesting box and roosting box since male and female birds do not roost together.

In order to offset the loss of nesting habitat for other bird species, it is recommended, that nest boxes are erected on retained buildings. The boxes would be a mix of open- fronted and round-holed standard nest boxes, made from woodcrete to improve durability. Given house sparrow was recorded within the site it is also recommended that a house sparrow terrace be erected within the site.

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It is recommended that suitable species planting (Paragraph 4.3.3) be incorporated into the development in order to provide new nesting and foraging resources.

4.8 Reptiles

4.8.1 Summary The areas of longer grassland and ruderal vegetation within the site were identified as having low potential to support common species of reptiles.

4.8.2 Potential Impacts of Proposed Development The proposals are largely restricted to the existing areas of hardstanding and buildings, however some limited areas of vegetation will need to be cleared as part of the works. Should reptiles be present, there is the potential for direct impacts on this species group.

All common reptile species (grass snake Natrix natrix, adder Vipera berus, common lizard Zootoca vivipara and slow-worm Anguis fragilis) native to Britain are protected by the Wildlife and Countryside Act, 1981 (as amended). Refer to Appendix 1 for further details.

4.8.3 Recommendations Where small areas of vegetation are to be cleared, it is recommended that these be strimmed to approximately 15cm prior to clearance in order to allow any reptiles which may be present to disperse to retained habitat. Such clearance would need to be carried out in the active reptile season (April – September) in order to avoid impacts on any hibernating reptiles.

4.9 Great Crested Newt

4.9.1 Summary It is considered that the site offers negligible potential for great crested newt given the removed nature of the nearest pond and the limited suitability of habitats within the site.

4.9.2 Potential Impacts of Proposed Development Given the negligible potential for this species to be present it is considered that impacts of the proposals are negligible.

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4.9.3 Recommendations Given the lack of impacts no further recommendations are considered necessary.

4.10 Terrestrial Invertebrates

4.10.1 Summary The site is likely to offer habitat to a limited number of terrestrial invertebrates. There is no evidence to indicate presence of any notable or protected species within the site.

4.10.2 Potential Impacts of Proposed Development Given the typical nature of the habitats present it is considered that impacts on terrestrial invertebrates would be negligible.

4.10.3 Recommendations Given the negligible impacts no further recommendations are considered necessary.

4.11 Updating Survey If works have not commenced by September 2015, it is recommended that the extended Phase 1 ecological assessment is updated. This is because many of the species considered during the current survey are highly mobile and the ecology of the site is likely to change over this period.

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APPENDIX 1 Protected Species Legislation

European Protected Animals10 - Bats In England, all bat species and their roosts are fully protected under the Wildlife and Countryside Act 1981 through inclusion in Schedule 5. In addition, these species are protected under the Conservation of Habitats and Species Regulations 2010. Taken together, these legislative instruments make it illegal to carry out the following activities:

. Deliberately or recklessly capture or kill any wild animal of a European protected species;

. Deliberately or recklessly disturb any such animal;

. Deliberately or recklessly take or destroy eggs of any such wild animal;

. Damage or destroy a breeding site or resting place of such a wild animal; and

. Keep, transport, sell or exchange, or offer for sale or exchange, any live or dead wild animal of a European protected species, or any part of, or anything derived from such a wild animal.

Any activity that would result in a contravention of the above legislation would require a licence to avoid committing an offence. Natural England has powers to grant a licence for the following purposes:

. Preserving public health or public safety or other imperative reasons of overriding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment; or

. Preventing the spread of disease; or

. Preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries.

The Conservation of Habitats and Species Regulations contain three "derogation tests" which must be applied by Natural England when deciding whether to grant a licence to a person carrying out an activity which would harm an European protected species. For development activities this licence is obtained after Planning Permission has been obtained. The three tests are that:

10 Summarised from www.defra.gov.uk

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. The activity to be licensed must be for imperative reasons of overriding public interest or for public health and safety;

. There must be no satisfactory alternative; and

. Favourable conservation status of the species must be maintained.

A recent court judgment11 makes it clear that, notwithstanding the licensing regime, the Local Planning Authority must also address its mind to these three tests when deciding whether to grant planning permission for a development which could harm a European protected species. A Local Planning Authority failing to do so would be in breach of Regulation 3(4) of the Conservation (Natural Habitats, &c.) Regulations 1994 (revised in 2010 to become the Conservation of Habitats and Species Regulations) which requires all public bodies to have regard to the requirements of the Habitats Directive in the exercise of their functions.

In order to determine whether an activity requires a licence, Natural England advises that the guidance of a consultant ecologist is sought. However, Natural England offer the following advice as a guide:

. A licence is needed if the consultant ecologist, on the basis of survey information and specialist knowledge of the species concerned, considers that on balance the proposed activity is reasonably likely to result in an offence under regulation 39; or

. If the consultant ecologist, on the basis of survey information and specialist knowledge of the species concerned, considers that on balance the proposed activity is reasonably unlikely to result in an offence under regulation 39 then no licence is required. However, in these circumstances Natural England would urge that reasonable precautions be taken to minimise the effect on European protected species should they be found during the course of the activity. If they are found then work should cease and an application be made to the Wildlife Licensing Unit at Natural England, Bristol.

11 Judgment handed down by His Honour Judge Waksman QC sitting as a judge of the High Court at the start of June 2009 in the case of R (on the application of Simon Woolley) v Cheshire East Borough Council. The judgment clarified for the first time the legal duty of a Local Planning Authority when determining a planning application for a development which may have an impact on European Protected Species ("EPS"), such as bats, great crested newts, dormice or otters.

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Badger In order to determine whether an activity requires a licence, Natural England advises that the guidance of a consultant ecologist is sought. However, Natural England offer the following advice as a guide:

. If the consultant ecologist, on the basis of survey information and specialist knowledge of the species concerned, considers that on balance the proposed activity is reasonably unlikely to result in an offence under Regulation 41 of the Conservation of Habitats and Species Regulations then no licence is required. However, in these circumstances Natural England would urge that reasonable precautions be taken to minimise the effect on European protected species should they be found during the course of the activity. If they are found then work should cease and an application be made to the Wildlife Licensing Unit at Natural England, Bristol.

. Badgers are protected under the Protection of Badgers Act 1992 and the Wildlife and Countryside Act 1981 and amendments. The purpose of the Protection of Badgers Act 1992 is to protect badgers from incidental effects of lawful activities and deliberate attempts to inflict injury or kill badgers. Under the Act it is illegal to:

. Wilfully kill, injure, take, possess or cruelly ill-treat a badger or attempt to do so;

. Interfere with a badger sett by damaging or destroying it;

. Obstruct access to, or any entrance of, a badger sett; and

12 Regulation 41 of the Conservation of Habitats and Species Regulations 2010 state: 41. (1) A person who: (a) deliberately captures, injures or kills any wild animal of a European protected species, (b) deliberately disturbs wild animals of any such species, (c) deliberately takes or destroys the eggs of such an animal, or (d) damages or destroys a breeding site or resting place of such an animal, is guilty of an offence. (2) For the purposes of paragraph (1)(b), disturbance of animals includes in particular any disturbance which is likely: (a) to impair their ability— (i) to survive, to breed or reproduce, or to rear or nurture their young, or (ii) in the case of animals of a hibernating or migratory species, to hibernate or migrate; or (b) to affect significantly the local distribution or abundance of the species to which they belong. (3) It is an offence for any person: (a) to be in possession of, or to control, (b) to transport, (c) to sell or exchange, or (d) to offer for sale or exchange.

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. Disturb a badger when it is occupying a sett.

A badger sett is defined as ‘any structure or place which displays signs indicating current use by a badger’. This can include culverts, pipes and holes under sheds, piles of boulders, old mines and quarries etc. Natural England recommends that in addition to currently occupied setts, plans also consider the effect of development on seasonally-used setts as these may be in use by badgers when development starts8.

Badgers and Development and Licence Requirements

Badger Disturbance: Under the Protection of Badgers Act 1992, any activity causing disturbance of badgers when they are occupying a sett is an offence unless it is undertaken in accordance with the terms of a disturbance licence from Natural England. As the Act does not highlight what constitutes disturbance, English Nature (the predecessor of Natural England) provided advice on the types of development activities, and their proximity to setts, that would warrant a badger disturbance licence9. However, Natural England’s new interim badger licensing guidelines8 do not refer to disturbance zones around setts for different types of development activities. This is largely due to uncertainty over what activities will disturb badgers and a lack of clarity over the legal interpretation of the word ‘disturbance’. The current position appears to be that the need for a badger disturbance licence at a development site is at the discretion of the environmental consultant involved. Later in 2008, Natural England will publish their interpretation of what constitutes disturbance to badgers, which should assist with establishing what elements of a development would require licensing. Where work has the potential to damage a sett, then a sett interference licence would be required from Natural England.

Sett Interference: . If necessary, it is possible to move badgers from a sett, but the difficulty/success of such actions depends upon the importance of the sett to that group of badgers and whether a suitable alternative sett exists within their territory. For setts in ‘current use’ by badgers, a licence must be issued (by Natural England) before the badgers can be moved and/or the sett destroyed. In general, the smaller the sett, the less important it is likely to be to the continued survival of a group of badgers, and the more successfully the badgers can be excluded from it.

8 Natural England (2007). Badgers and Development: A Guide to Best Practice and Licensing (Interim Guidance Document). 9 English Nature (2002). Badgers and development. English Nature, Northminster House, Peterborough.

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. Any attempt to move badgers by direct means (using exclusion fencing, for example) must be done responsibly, and with suitable expertise. The licensing procedure should ensure that the implications of such an action have been fully investigated, any mitigating measures have been undertaken, and that a person with suitable expertise carries out the operation.

. Badger licences are not generally issued during the period 1 December to 30 June inclusive and therefore development works need to be carefully timed to avoid the ‘close season’ on licence applications. The ‘close season’ on licensing is due to the following:

. Badgers are markedly less active during the winter months and actions such as exclusion are unlikely to be effective; and

. Pregnant and lactating females, and dependant cubs, are likely to be found underground between mid-January and the end of June.

Wild Birds13 The Wildlife & Countryside Act 1981 (as amended) is domestic legislation for Great Britain that repeals existing wildlife legislation such as:

. Protection of Birds Acts 1954 to 1967; and

. Conservation of Wild Creatures and Wild Plants Act 1975.

The Act covers the provisions made in these previous acts and provides additional provision for species and countryside protection. The Act is the primary legislation in Great Britain for the protection of flora, fauna and the countryside. The Act includes the UK's domestic implementation of the species protection of the European Directive on the Conservation of Wild Birds (79/409).

Under the Wildlife and Countryside Act 1981 all birds, their nests and eggs are protected by law and it is thus an offence, with certain exceptions to intentionally:

. Kill, injure or take any wild bird.

. Take, damage or destroy the nest of any wild bird while it is in use or being built.

. Take or destroy the egg of any wild bird.

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32 © This report is the copyright of ECOSA Ltd. Shooting Lodge, Swarraton Farm, Brown Candover, Hampshire– Ecological Assessment ECOSA Ltd th Final Document 8 November 2013

. Have in one's possession or control any wild bird (dead or alive) or any part of a wild bird which has been taken in contravention of the Act or the Protection of Birds Act 1954.

. Have in one's possession or control any egg or part of an egg which has been taken in contravention to the Act. This includes items taken or killed before the passing of the Act.

. Have in one's possession or control any live bird of prey of any species in the world (with the exception of vultures and condors) unless it is registered and ringed in accordance with the Secretary of State's regulations.

. Have in one's possession or control any bird of a species occurring on Schedule 4 of the Act unless registered (and in some cases ringed) in accordance with the Secretary of State's regulations.

. Disturb any wild bird listed on Schedule 1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird.

Status of Wild Birds The leading governmental and non-governmental conservation organisations in the UK have reviewed the population status of the birds that are regularly found in the UK. A total of 247 regularly breeding or wintering species were assessed and each placed onto one of three lists - Red, Amber or Green. Forty species are Red-listed, 121 are Amber-listed and 86 are Green-listed. Seven quantitative criteria were used to assess the population status of each species and place it onto the Red, Amber or Green List. These criteria are listed below. The review excluded species that are not native to the UK and those that occur irregularly as vagrants or scarce migrants.

Global Conservation Status - Species assessed as Globally Threatened using IUCN11 criteria were placed on the Red List.

Recent Decline - Species whose breeding or non-breeding population declined, or range contracted, rapidly (by more than 50%) or moderately (by between 25 and 49%) over the last 25 years were placed on the Red and Amber Lists respectively.

Historical Decline - Species whose populations declined severely between 1800 and 1995 were placed on the Red List, except for those that have recovered substantially (more than doubled) in the last 25 years, which were Amber Listed. In earlier assessments, all species

33 © This report is the copyright of ECOSA Ltd. Shooting Lodge, Swarraton Farm, Brown Candover, Hampshire– Ecological Assessment ECOSA Ltd th Final Document 8 November 2013 showing a serious historical decline were Red Listed, but in this assessment the success of recent conservation action has been recognised by moving recovering species to the Amber List.

European Conservation Status - Species whose population status is unfavourable in Europe (but which are not Globally Threatened) were placed on the Amber List. Rare Breeders - Species with a mean population size of 1-300 pairs breeding annually over the last five years were placed on the Amber List. If a full census was carried out in a single year, the result of this was used instead of a five-year mean.

Localised Species - Species for which 50% or more of the breeding or non-breeding population occurs at 10 or few sites were placed on the Amber List. This criterion was used because a species whose population is confined to a few sites faces a greater threat from chance events than one whose population is widespread. The sites considered were either Important Bird Areas (identified by BirdLife International) or Special Protection Areas (designated under the European Union’s Directive on the Conservation of Wild Birds).

International Importance - Species with 20% or more of their European population breeding in the UK were placed on the Amber List, as were non-breeding wildfowl with 20% or more of their northwest European population occurring in the UK and non-breeding waders with 20% or more of their East Atlantic Flyway population occurring in the UK. This criterion is different from the others as it is a measure of the UK’s responsibility for each species rather than the extent to which species are threatened.

. Red List species are those that are Globally Threatened according to IUCN criteria; those whose population or range has declined rapidly in recent years; and those that have declined historically and not shown a substantial recent recovery.

. Amber List species are those with an unfavourable conservation status in Europe, those whose population or range has declined moderately in recent years; those whose population has declined historically but made a substantial recent recovery; rare breeders; and those with internationally important or localised populations.

. Species that fulfil none of the criteria are Green-listed.

Common Reptiles All common reptile species (grass snakes, adders, common lizards and slow worms) native to Britain are protected by the Wildlife & Countryside Act, 1981 (as amended). This legislation makes it illegal to intentionally kill or injure a common reptile. As a result, reptiles must be

34 © This report is the copyright of ECOSA Ltd. Shooting Lodge, Swarraton Farm, Brown Candover, Hampshire– Ecological Assessment ECOSA Ltd th Final Document 8 November 2013 removed from areas of development and relocated onto suitable release sites before any site works can commence.