Proposed Manager's Accommodation, Lilley's Cider: Ecological

Proposed Manager’s Accommodation ,

Lilley ’s Cider: Ecological Assessment

Date: 12 February 2021

For: Lilley’s Cider

Ref: eg20972

Produced by: Environmental Gain Ltd The Old Church School Butts Hill Frome Bath BA11 1HR

T: 01225 459 564 Approved: Matt Davies, BSc (Hons), MSc, MCIEEM E: [email protected] www.engain.com

Proposed Manager’s Accommodation, Lilley’s Cider Ecological Appraisal

CONTENTS

ABBREVIATIONS i EXECUTIVE SUMMARY ii 1 INTRODUCTION 1 2 SITE LOCATION AND GENERAL DESCRIPTION 2 Site Location 2 General Description 2 3 LEGISLATION AND POLICY 3 Introduction 3 Relevant Legislation 3 Relevant Policy 4 4 METHODOLOGY 9 Desk Study 9 Extended Phase 1 Habitat Survey 9 Assessment of Ecological Value 10 Bat Surveys 10 Ground Level Tree Assessment 10 Bat Activity Surveys 10 Automated Static Surveys 11 Data Analysis 11 Limitations 11 5 BASELINE ECOLOGY 13 Desk Study 13 Habitats 17 Badgers 17 Bats 18 Birds 20 Dormice 20 Amphibians 20 Reptiles 20 Other Wildlife 20 6 POTENTIAL IMPACTS 21 Designated Sites 21 Habitats 21 Birds 22 Dormice 22 Amphibians 22 Reptiles 23 Other Wildlife 23 7 AVOIDANCE, MITIGATION AND ENHANCEMENT 24 Habitats 24 Badgers 24

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Proposed Manager’s Accommodation, Lilley’s Cider Ecological Appraisal

Bats 24 Birds 25 Amphibians and Reptiles 25 Other Wildlife 26 REFERENCES 27 References 27 Legislation and Policy 29 APPENDICES 31 Appendix 1 Site Photographs

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ABBREVIATIONS

CEMP Construction Environmental Management Plan CIEEM Chartered Institute of Ecology and Environmental Management LEMP Landscape and Ecological Management Plan LNR Local Nature Reserve MAGIC Multi-Agency Geographic Information for the Countryside SAC Special Area of Conservation SSSI Site of Special Scientific Interest SPA Special Protection Area TN Target Note

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EXECUTIVE SUMMARY

Engain was commissioned by Lilley’s Cider to undertake an ecological assessment of a proposed new residential property on land adjacent to the Lillley’s Cider factory outside of Frome, Somerset. The proposals comprise the provision of a bungalow with associated garden within a field of species-poor, semi-improved grassland, and the creation of a new orchard within the remainder of the site. This report also takes account of a separate application for the renovation of a redundant stable block to be converted to a café and artisan sales area ancillary to the Lilley’s Cider Factory.

The proposed development would not have any adverse effects on designated sites. It is within the outer edge of the Band C consultation zone for the Mells Valley SAC, which is designated for greater horseshoe bats. No greater horseshoe bats were recorded from the site, and a 10m buffer has been provided between the proposed accommodation and a retained hedge. The nature and scale of the proposals and their location in relation to the SAC mean that there would not be any adverse effects on the SAC. The creation and long- term management of the orchard has the potential to create a substantial increase in the biodiversity value of the site, in terms of habitats and for other wildlife including bats, badgers, reptiles and amphibians.

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1 INTRODUCTION

Engain was commissioned by Lilley’s Cider to undertake an ecological assessment of a proposed new residential property on land adjacent to the Lillley’s Cider factory outside of Frome, Somerset. We were also asked to assess ecological issues relating to a separate application for renovation of some an adjacent stables block.

Engain has undertaken a Phase 1 Habitat Survey, an assessment of the site’s potential for protected species, and surveys to help understand the site’s importance for bats.

Details of the survey methods and results are set out in this report, along with an assessment of the potential ecological impacts of the proposed development. This is followed by a description of the means by which adverse effects will be avoided or mitigated and how the development can provide an ecological enhancement of the site, targeted at local ecological priorities.

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2 SITE LOCATION AND GENERAL DESCRIPTION

Site Location

The site is located off Bunn’s Lane, to the south of Frome (Figure 1). The Ordnance Survey grid reference for the centre of the site is ST771423.

General Description

The site consists of a parcel of land to the south of the factory, which is currently accessed from the vehicular entrance to the factory. The extant vehicular access will be re-sited to a position west of its current location, forming a new access that will serve the factory and would also serve the proposed manager’s accommodation. The re-siting of the vehicle access already has planning consent (reference 2019/2906/FUL) and this ecological assessment therefore only relates to the work associated with the proposed manager’s accommodation, not the new vehicular access.

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ON BEHALF OF PROJECT Lilley’s Cider Roewood Farm

Environmental Gain Ltd The Old Church School, Butts Hill SCALE DATE TITLE Frome, BA11 1HR NTS Dec 2020 Figure 1: Site Location Plan T: 01225 459 564 PROJECT NO APPROVED [email protected] eg20972 MD www.engain.com

Proposed Manager’s Accommodation, Lilley’s Cider Ecological Appraisal

3 LEGISLATION AND POLICY

Introduction

Wildlife in the UK is protected through European Directives, which are transposed into national legislation, supported by a range of national and local policy and guidance. Recent changes in planning policy and legislation have gone beyond site and species-specific protection to set broader goals for the conservation and enhancement of the natural environment, and halting the continued loss of biodiversity in the UK.

Development can contribute to these goals through, for example, protecting the best features of a site and making them a valued part of the site’s new use, and by incorporating enhancements to improve the site’s value for wildlife.

The sections below provide a brief guide to the principal legislation and policy that sets the terms of reference for ecological appraisals in the UK. This is not intended to be a full description of all the obligations enacted by the various referenced documents, which should be referred to in their original form for the full details.

It is the responsibility of those involved with the development works to ensure that wildlife protection and nature conservation legislation is complied with at every stage of the project. Such legislation applies even in the absence of related planning conditions.

Relevant Legislation

The principal pieces of legislation relating to wildlife that are of relevance to this report are:

1. EU Habitats Directive (1992);

2. EU Birds Directive (1979);

3. Conservation of Habitats and Species (Amendment) Regulations 2017;

4. The Wildlife and Countryside Act 1981 (as amended);

5. The Countryside and Rights of Way Act 2000;

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6. The Natural Environment and Rural Communities Act 2006;

7. The Protection of Badgers Act 1992 (which is extended under The Hunting Act 2004).

The main focus of much of this legislation is the protection of sites and species, the delineation of precisely how they are protected, and what actions would constitute an offence. This report provides guidance on whether any protected features are likely to be affected by the development proposal, and how offences under the legislation can be avoided.

Relevant Policy

Regional and local planning authorities are obliged to follow key principles to ensure that the potential impacts of planning decisions on biodiversity conservation are fully considered. The National Planning Policy Framework sets out the Government’s policies for the protection and enhancement of biodiversity through the town and country planning system. This encourages the contribution to, and enhancement of, natural and local environments through minimising the impacts on biodiversity and providing net gains in biodiversity where possible.

Planning authorities are required to follow key principles in their consideration of potential impacts of planning decisions on biodiversity conservation. Circular 06/05: Biodiversity and Geological Conservation provides guidance on the application of the law relating to planning and nature conservation and complements the National Planning Policy Framework.

The presence of species protected under UK and European legislation are 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. Ecological appraisals and protected species surveys are therefore designed to provide local planning authorities with the baseline information they require in order fully consider the potential ecological effects of a planning application.

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Biodiversity 2020: A strategy for England’s wildlife and ecosystem services, provides the UK Biodiversity Action Plan and country level biodiversity strategies for England, based on the list of habitats and species listed under The Natural Environment and Rural Communities Act 2006.

The Mendip District Local Plan was adopted in December 2014. It sets out a long-term strategic vision for the future of the District and how it will development in the future.

The District’s natural and man-made environments are recognised at point 2.11 which states;

“Mendip’s natural and man-made environments are highly diverse and this is a distinct feature of the district. The complex geology, topography, hydrology and geography of the area have resulted in habitats and landscapes of distinctive character and high visual quality. There is a wealth of internationally, nationally and locally designated sites of wildlife value as well as important designated geological sites”.

One of the Local Plan’s Key Local Issues under the heading of Environment states;

“Biodiversity and Landscapes:

• A wealth of biodiversity and habitats within the district’s diverse landscape is designated nationally and internationally warranting clear measures to safeguard them and encourage their sustained management”.

o Strategic Objective number 22 states under the heading “To maintain and enhance the quality of the local environment and contribute to international climate change goals;

“Protect sensitive wildlife habitats and valued landscapes from development and enhance biodiversity and local scenery through an integrated network of green spaces, corridors and protected areas”.

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The following policies are relevant to the proposed development and the biodiversity interest of the local area. Consideration is given within Section 5 of this report as to the compliance of the development with each of the policies.

Policy DP5: Biodiversity and Ecological Networks, “The Council will use the local planning process to protect, enhance and restore Somerset’s Ecological Network within Mendip.

1. All development proposals must ensure the protection, conservation and, where possible, enhancement of internationally, nationally or locally designated natural habitat areas and species.

2. Proposals with the potential to cause adverse impacts on protected and/or priority sites, species or habitats are unlikely to be sustainable and will be resisted. Exceptions will only be made where:

a) the impacts cannot be reasonably avoided,

b) offsetting/compensation for the impacts can be secured,

c) other considerations of public interest clearly outweigh the impacts, in line with the relevant legislation.

Offsets as mitigation or compensation required under criterion b) will be calculated using Somerset County Council’s Biodiversity Offsetting methodology”.

The supporting text for this policy contains the following statement at point 6.43;

“Conserving and Enhancing Biodiversity – No Net Loss and Habitat Offsetting. Ecological networks are a long term, proactive, multi-party approach to addressing the decline in biodiversity. However, development pressures will continue to generate applications that will impact directly or indirectly (i.e. in terms of loss, damage, deterioration or disturbance of such features) upon biodiversity resources. Such development, whether affecting designated areas as part of the Somerset Ecological Network or not, is not sustainable. The default position is that biodiversity resources should be safeguarded from

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development. However, there will be circumstances where the development will be deemed necessary resulting in impacts on biodiversity. Exceptions will only be made on a no net loss basis where the 3 criteria in the policy below are satisfied. A net gain will be sought where possible. The NPPF sets out a number of criteria specific to particular habitats”.

Point 6.44 goes on to further state; “In order to achieve no net loss of biodiversity in the district as a result of future development, where a proposal is considered to have the potential to cause an adverse effect on protected sites, species or habitat, mitigation and/or compensation measures, including offsetting, will be sought.”

Policy DP6 Bat Protection “Planning applications for development on sites within the Bat Consultation Zone will require a ‘test of significance’ under the Habitats Regulations to be carried out.

“Applicants must provide, with their application, all necessary information to enable compliance with the Habitats Regulations (or their successor), including any necessary survey work, reports and avoidance / mitigation measures”.

The supporting text for this policy states the following at point 6.48 with regard to the Bat Consultation Zones;

“Applications occurring within the Bat Consultation Zone will require the Council to carry out a test of significance under the Habitats Regulations. The Bat Consultation Zone shows areas in which Horseshoe Bats are known to be and are likely to regularly use for commuting and/or foraging and in night roosting. The mapping is drawn from radio tracking studies and aerial photographic interpretation of habitat used by bats, which are features of the SACs”.

Point 6.49 provides further supporting text to this policy as follows;

“This policy is a result of recommendations made in the Habitats Regulation Assessment of those parts of the Mells Valley Special Area

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of Conservation (SAC) and the North Somerset and Mendip Bats SAC which lie within Mendip. In order to preserve the integrity of these internationally designated sites the assessment recommended that a policy was required.

Policy DP8: Environmental Protection: “All development proposals should minimise, and where possible reduce, all emissions and other forms of pollution.

1. Development (either cumulatively or individually) will be required to demonstrate that it does not give rise to unacceptable adverse environmental impacts on: (amongst other things) Biodiversity

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4 METHODOLOGY

Desk Study

Desktop data was obtained from Somerset Environmental Records Centre. Protected species records were collated from a 1km radius, extended to 5km for bats records.

A search of recent planning applications within the local area was also made, using the Mendip District Council online planning application search facility.

Online resources were also used, including the UK government’s online resource for geographic information about the natural environment (MAGIC Map), to search for statutory designated sites within 10km of the site.

Extended Phase 1 Habitat Survey

An extended Phase 1 Habitat Survey was conducted on the 24th September 2020. The field survey methods were based on the Phase 1 Habitat Survey methodology (Joint Nature Conservancy Council, 2010). The main habitat types were mapped using standard habitat colours. The additional (extended) aspect of the survey method involves the identification of habitats that may support notable species, and searching for evidence of such species.

Considering the site location, context and the habitats it contains, the following protected species are considered in this report:

Badgers (Meles meles)

Bats (all species);

Breeding birds;

Dormice (Muscardinus avellanarius);

great crested newt (Triturus cristatus); and

Reptiles.

The site is not suitable for, otters (Lutra lutra), water voles (Arvicola amphibius) or white-clawed crayfish (Austropotamobius pallipes) as there are no rivers or streams. These species are not considered further in this report.

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The site was also searched for non-native, invasive plant species, with particular care to search for the most commonly occurring and problematic species i.e. Fallopia japonica (Japanese Knotweed), Impatiens grandiflora (Indian Balsam) and Heracleum mantegazianum (Giant Hogweed).

Assessment of Ecological Value

The habitats and species of principal importance for biodiversity in England are listed on Section 41 of The Natural Environment and Rural Communities Act 2006.

The assessment of the relative nature conservation value of the features at this site is also assessed against published criteria wherever possible. The value of habitats in the UK is covered in a wide variety of literature, including Usher (1986) and Ratcliffe (1977).

The main criteria against which the value of habitats is assessed are rarity, diversity, naturalness and extent. High importance is also attached to habitats that have not been subject to agricultural intensification, and which often depend on traditional forms of management, such as ancient semi-natural woodland, species-rich meadows and traditionally managed grasslands and moorlands.

Bat Surveys

Ground Level Tree Assessment

A ground level assessment of trees within the site was carried out on 24th September 2020. The survey involved a search for bat roosts inside all of the trees within the site boundary.

Bat Activity Surveys

All bat surveys were carried out according to standard guidance (Collins, 2016; Mitchell-Jones, 2004; and Mitchell Jones & McLeish, 2004).

Two bat activity surveys were carried out, in September and October 2020. The surveys began at sunset and continued for two and a half to three hours.

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Visual observations were supported by the use of ultra-sonic bat detectors. A variety of hand-held detectors (Anabat SD2, EM3+, Duet BatBox and EMTouch) were used.

Automated Static Surveys

A static bat detector (an Anabat Express) was installed at the site on two occasions, once in September and again in October.

Data Analysis

Species were identified from EMTouch recordings using the in-built auto-ID based on Kaleidoscope (Wildlife Acoustics Version 4.0.1) classifiers (verified by the experienced ecologist using the bat detector in the field). Heterodyne recordings were identified by an experienced ecologist in the field at the time of the survey and confirmed afterward via playback of recordings and analysis with Bat Scan (Bat Box Ltd Version 9). EM3+ WAC files were converted to ZC files using Kaleidoscope.

Static detector data was analysed using Kaleidoscope Pro software. Myotis species identification was accepted but is treated with caution when analysing the results, and where in doubt all Myotis species are lumped together and it is assumed that some of the calls may be Bechstein’s bats.

Limitations

Engain cannot verify the accuracy of third-party information.

Extended Phase 1 Habitat Surveys are not definitive and represent a snapshot of the ecological status of a site. Data records help to provide a historical context, however the absence of evidence of a species does not prove that it does not use the site.

A search of publicly available information relating to recent planning applications within the local area, has found that in most cases the applications have had the ecological information removed from the online portal. This is usual in instances where ecological constraints have been addressed through the

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planning process, however it does mean that for this appraisal there may be known ecological information that cannot be taken into account.

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5 BASELINE ECOLOGY

Desk Study

Statutory Designated Sites

There are three European designated sites within 10km of the site, and 16 Sites of Special Scientific Interest within 10km of the site (Figure 3).

The site is approximately 6.3km away from the Vallis Vale component of the Mells Valley SAC, which is designated for greater horseshoe bats. It is within the outer zone (Band C) from the SAC, within which bats from maternity roosts associated with the SAC could be found (Table 5-1). Mells Valley SAC is.

Table 5-1. Band Widths for Horseshoe Bats

Band Greater Horseshoe Bat Lesser Horseshoe Bat Maternity Other Other Roost Maternity Roost Roost Roost 0km to A - 0km to 0.6km - 2.2km 2.2km to 0km to 0km to B 0.610km to 2.5km 4km 0.61km 0.3km 0.301km 4.001km to 0.611km to C 2.501km to 4.1km to 8km 2.44km 1.250km

The site is approximately 6.7km from Asham Woods, and it is almost 10km away from the River Avon and outside of its catchment.

Nationally designated sites within 10km of the site are summarised in the table below.

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Roewood Farm

ON BEHALF OF PROJECT Lilley’s Cider Roewood Farm

Environmental Gain Ltd The Old Church School, Butts Hill SCALE DATE TITLE Frome, BA11 1HR NTS Dec 2020 Figure 2: Designated Sites T: 01225 459 564 PROJECT NO APPROVED [email protected] eg20972 MD www.engain.com

Proposed Manager’s Accommodation, Lilley’s Cider Ecological Appraisal

Table 5-2. Statutory Designated Sites within 5km

Site Name Designation Reason (s) for designation

Cley Hill SSSI Cley Hill is an area of botanically rich chalk grassland, supporting many of the plants characteristic of the downs of south and south-west England. The value of the site is enhanced by the occurrence of plant and animal species with a nationally restricted distribution.

Longleat Woods SSSI This site is a large, ancient, semi-natural, broadleaved woodland with a predominantly high forest structure SSSI which is unusual in South West Britain. There are a wide range of woodland types present, some of which are more characteristic of central England and which occur only rarely in the west.

Old Ironstone Works, SSSI The remaining building and associated flues and tunnels provide important roost sites for the rare Greater Mells Horseshoe Bat Rhinolophus ferrumequinum and, to a lesser extent, the Lesser Horseshoe Bat R. hipposideros.

Vallis Vale SSSI, part of Vallis Vale is an ancient woodland site and supports an Ash-Wych Elm stand type with a restricted Mells Valley distribution in Britain. SAC

Bradley Woods SSSI This site is an extensive example of an unusual type of lowland alder wood. It has a rich flora of vascular plants and exceptional communities of lichens and bryophytes on trees, acid streamsides and banks.

Cogley Wood SSSI Two extensive areas of species-rich, semi-natural ancient woodland with an exceptionally rich butterfly fauna occur within Cogley Wood. The wood is situated on the eastern slopes of the upper reaches of the Brue valley. Several tributaries of the river have their sources in the wood and their steep banks add to the variety of slopes and aspects. Neutral to acid soils predominate and are derived from the underlying Forest Marble and Fullers Earth strata. These heavy clay soils tend to be waterlogged during winter.

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Site Name Designation Reason (s) for designation

Cloford Cuarry SSSI Cloford Quarry is important for the exposures of sediments of Triassic and Jurassic age which occur in major fissures within the Carboniferous Limestone. No other site in Britain shows such a variety and abundance of sediment-infilled fissures of this age.

Heath Hill Farm SSSI Heath Hill Farm comprises a number of adjacent hay meadows and permanent pastures, which support floristically rich unimproved neutral to calcareous grassland, and rush pasture, in a mosaic with semi- improved and improved grassland. The site is underlain by Upper Greensand and Gault Clay, and at the junction between these two beds a number of springs arise. This spring water feeds into a small stream, which runs through the site, and which forms one of the head waters of The River Stour. The grassland associated with this stream, and the spring lines, support the rush pasture in which can be found a number of wet loving plant species. Thick hedges with numerous large standards separate the fields, with woodland abutting along a large part of the site’s boundary.

Holwell Quarry SSSI Holwell Quarries represent an internationally important geological locality.

Long Knoll SSSI Long Knoll is the most westerly area of chalk grassland in Wiltshire. It encompasses a number of botanically diverse grassland communities and supports several plant species which are particularly associated with the western chalklands of Britain. Nationally, the extent of chalk grassland has greatly declined as a result of modern agricultural intensification; this site is one of the remaining herb-rich examples.

Postlebury Wood SSSI Postlebury Wood is a large and relatively undisturbed woodland of considerable antiquity, developed on poorly-drained Oxford Clays. A double bank and roadway bordering part of the wood probably represents the Anglo Saxon boundary. The first records of the woodland are from documents dated 1182, shortly after which it was incorporated in the Royal Forest of Selwood.

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Site Name Designation Reason (s) for designation

North Brewham SSSI These traditionally-managed species-rich meadows support a neutral grassland community with a restricted Meadows national distribution. The fields are poorly drained and seasonally waterlogged. Surface water gleys of the Wickham 2 and Denchworth soil associations have developed on the underlying Oxford Clay and Kellaway Beds strata

Leighton Road SSSI Leighton Road Cutting provides exposure of a series of early Jurassic limestones, of Lower Lias age, which Cutting are the only known outcrops of these particular rocks to occur in a normal horizontally-bedded sequence in the Mendips.

Whitesheet Hill SSSI Whitesheet Hill comprises an extensive area of botanically rich chalk grassland on predominantly west-facing slopes of the Middle Chalk. Above these slopes are areas of flatter more nutrient-rich grassland. Both these semi-natural habitats have become increasingly scarce due to agricultural intensification throughout the country. The site supports nationally restricted species of animals and plants, and is one of the most westerly areas of downland in Britain.

Brimsdown Hill SSSI Brimsdown Hill SSSI is an extensive area of botanically rich calcareous grassland, scrub and woodland, with adjacent acidic types. It exhibits a close intermix of declining chalk habitats and contains uncommon plants including one or nationally restricted distribution.

Asham Wood SSSI Asham Wood is the largest and most diverse of the ancient semi-natural woods in the Mendips. Despite recent partial destruction due to quarrying it remains one of the most important.

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Habitats

The proposed manager’s accommodation is located in an open field, bounded by a hedgerow to the south along Bunn’s Lane.

The field comprises species-poor, semi-improved grassland dominated by grasses including perennial rye-grass (Lolium perenne), creeping bent (Agrostis stolonifera), Yorkshire fog (Holcus lanatus) and cock’s foot (Dactylis glomerata). It has various forbs including semi-ruderals such as broad-leaved dock (Rumex obtusifolius) and creeping thistle (Cirsium arvense). It is not directly referable to an NVC type but is typical of lightly-managed but agriculturally improved swards. It is tussocky in places where cock’s foot is more prominent, and the ground is very uneven with rutted tracks throughout.

The field is bordered by a tall hedgerow that runs around three of its sides. On the road boundary and the western boundary, the hedge is approximately 3m tall and quite bushy and outgrown. It is dominated by blackthorn (Prunus spinosa) and elm (Ulmus procera) with smaller amounts of hawthorn (Crataegus monogyna) and ash (Fraxinus exelscior). On the northern edge is a more recently-planted hedge standing on an earth bank. This has a variety of shrubs as per the other hedges with the addition of species including field maple (Acer campestre).

There is a dry ditch on the field-side of the road hedge along Bunn’s Lane. There was no water in it at the time of the survey and no signs of any aquatic or water- margin plants to suggest it regularly holds or carries water.

There is a small area of bramble scrub near the site entrance, which has grown up around a fence line.

Badgers

There are records of badgers within the search area. The site provides excellent foraging habitat for badgers, but there were no signs of badgers on or adjacent to the site.

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pSI

Hard standing and ephemeral / ruderal vegetation ON BEHALF OF PROJECT Lilley’s Cider Roewood Farm

pSI Species-poor, semi-improved grassland

Environmental Gain Ltd The Old Church School, Butts Hill Dense bramble scrub Fence SCALE DATE TITLE

Frome, BA11 1HR NTS Sep 2020 Figure 3: Phase 1 Habitat Plan

T: 01225 459 564 Intact, species-poor hedge Dry ditch PROJECT NO APPROVED [email protected] eg20972 MD www.engain.com

Proposed Manager’s Accommodation, Lilley’s Cider Ecological Appraisal

Bats

The SERC records contain the following bat species;

• Bechstein’s bat (Myotis bechsteinii);

• Brandt’s bat (Myotis brandtii);

• brown long eared bat (Plecotus auritus);

• Daubenton’s bat (Myotis daubentonii);

• greater horseshoe (Rhinolophus ferremequinum);

• lesser horseshoe (Rhinolophus hipposideros);

• Natterer’s bat (Myotis nattereri);

• Noctule (Nyctalus noctula);

• common pipistrelle (Pipistrellus pipistrellus);

• serotine (Eptesicus serotinus);

• soprano pipistrelle (Pipistrellus pygmaeus);

• western Barbastelle (Barbastella barbastellus); and

• whiskered bat (Myotis msytacinus).

The tussocky grassland in the open field is good potential foraging habitat for bats, and the boundary hedge is good potential foraging and commuting habitat for bats.

The static detector and activity survey recorded the following eight species of bats:

• Daubenton’s bat (Myotis daubentonii);

• whiskered bat (Myotis msytacinus);

• Natterer’s bat (Myotis nattereri);

• Noctule (Nyctalus noctula);

• common pipistrelle (Pipistrellus pipistrellus);

• soprano pipistrelle (Pipistrellus pygmaeus);

• brown long eared bat (Plecotus auritus); and

• lesser horseshoe (Rhinolophus hipposideros).

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General bat activity recorded during the two static detector deployments recorded only low numbers of bats, with the most frequently recorded species being noctules, followed by common pipistrelles.

Table 5-3 Registrations of bat calls for each survey period between September to November

Species Sep Oct Nov Total Daubenton’s 1 1 Whiskered 1 1 Natterer’s 1 3 1 5 Noctule 28 2 30 Common Pipistrelle 15 2 1 18 Soprano Pipistrelle 4 2 6 Brown Long-eared 2 2 Lesser horseshoe 1 1 Total 51 9 4 64

The redundant stables to the north of the proposed manager’s accommodation comprise a single-storey building divided up into stable blocks and office space. The building has block walls rendered on the outside and painted on the inside. There is a wooden fascia board and a pitched roof covered in clay tiles. The tiles are lined with bituminous roofing felt. The stables are open from floor to ceiling with no roof voids, but there appear to be voids above the office spaces.

The tiles are largely intact and well-fitted and the building is in a good state of repair. It is possible that bats could gain access to the space between the tiles and the roofing felt, or the small gaps between the fascia board and the rendered block walls. These areas would support crevice-dwelling bats, but it is unlikely the building would support void-dwelling bats.

The stables with open doors could be used as occasional feeding perches by species such as brown long-eared bats, although they face onto a concrete yard and so are not well connected by linear flight paths.

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Birds

The field provides some foraging opportunities for birds, and the hedgerow provides excellent foraging and nesting habitat for birds.

Dormice

There are no records of dormice within the data provided by SERC. Dormice have a scattered distribution in this area, with some records from SSSI such as Longleat and Asham Woods, but few records in the surrounding open countryside. The boundary hedgerows around the field are good quality habitat for dormice.

Amphibians

There are no records of great crested newts or other amphibians within the data provided by SERC. There are no positive great crested newt DNA survey results on MAGIC within 500m of the site.

There are no waterbodies within the site. The nearest waterbody visible on maps and aerial photographs is approximately 200m in woodland to the north of the site.

The tussocky grassland field is suitable terrestrial habitat for great crested newts.

Reptiles

There are no records of any reptile species within the data provided by SERC. The field-margins and hedges around the field are good habitat for reptiles, as is the tussocky grassland field.

Of the four commoner species, the site may be used by slow-worms (Anguis fragilis), grass snakes (Natrix helvetica) or lizards (Zootoca vivipara) all of which are not uncommon in the region despite the absence of desktop records.

Other Wildlife

There are records of hedgehogs within the data provided by SERC. There are also records of notable species of damselfly and dragonfly.

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6 POTENTIAL IMPACTS

Designated Sites

The proposal would not have any direct impact on any designated sites.

Considering its size and location in relation to the Vallis Vale SSSI, the site is not likely to be important for greater horseshoe bats associated with the Mells Valley SAC. No greater horseshoe bats were recorded during the static detector deployments or the activity surveys. On the basis of these factors, it is not likely that there would be any adverse effect on the SAC as a result of the development proposal.

As the site is outside of the catchment of the River Avon, it is not likely to have any effect on this SAC.

Given the size of the site and its distance from Asham Woods, it is not likely to have any adverse effects on this SAC.

The site is sufficiently distant and ecologically isolated from the SSSI in the surrounding landscape that it would not be likely to have any effect upon them.

Habitats

The proposed development will result in the removal of approximately 0.08ha of species-poor, semi-improved grassland of limited botanical value.

The plans include proposals for the creation of a new orchard in the remainder of the site not occupied by the proposed house and gardens. There will also be new tree planting to the rear of the bungalow, along the new driveway off the main access road.

The proposed plans include the retention of all the existing hedgerows.

Subject to suitable management, the new orchard will create a substantial increase in biodiversity units above the baseline, using the Defra 2.0 metric. The orchard trees will enhance the grassland and create an area of a habitat type that has declined substantially in recent years.

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Badgers

In the absence of mitigation it is possible that badgers could be harmed during construction by falling into trenches etc and being unable to escape. The creation of the new bungalow will result in the loss of a small amount pf potential foraging area, but this is offset by the creation of the new gardens and orchard, which will enhance the foraging habitat for badgers (especially through the provision of large amounts of fallen fruit).

Bats

In the absence of mitigation the proposed bungalow project would result in the loss of foraging habitat over the grassland, and could result in the degradation of hedgerow foraging and commuting habitat through additional lighting.

It is possible that in the absence of avoidance or mitigation measures, the renovation of the redundant stables would result in the loss of bat roosts.

Birds

Nesting birds could be disturbed during construction the construction period, but the retention of the boundary habitats means there will be no loss of nesting habitat.

Dormice

The proposed development will not affect any habitat suitable for dormice, and therefore there will be no adverse effects upon them.

Amphibians

The development proposal would not affect any potential breeding habitat and only very small areas of terrestrial habitat would be affected. Considering this and the distance from the nearest ponds, the development would not be likely to have any adverse effect on amphibians.

The long-term management of the site, including the gardens and orchard, has the potential to enhance the site for amphibians.

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Reptiles

The development proposal will affect very little habitat suitable for reptiles. During the construction phase it is possible that reptiles would be harmed or killed, in the absence of any avoidance or mitigation.

The long-term management of the site, including the gardens and orchard, has the potential to enhance the site for amphibians.

Other Wildlife

The site and surrounding areas could be used by various small mammal species including hedgehogs (Erinaceus europeus), weasels (Mustela nivalis), wood mouse (Apodemus sylvaticus) amongst others. These species could be harmed or killed during construction and the introduction of domestic pets could result in greater predation levels during occupation.

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7 AVOIDANCE, MITIGATION AND ENHANCEMENT

Habitats

The protection of retained habitats and their improvement through long-term management will provide a net ecological benefit. These measures will be secured through a CEMP and LEMP.

Badgers

The potential for badgers to be harmed during construction will be avoided through the implementation of measures including:

• Fencing of construction areas to exclude wildlife whilst works are ongoing

• Covering trenches and large diameter pipework overnight, or ensuring there is a means of escape; and

• toolbox talks for contractors.

These measures will be set out in detail in a CEMP, which can be secured via a suitably worded planning condition.

The potential impact from a loss of foraging habitat will be mitigated through the retention and enhancement of existing habitats and the provision of new habitats. The creation of new gardens and an orchard will increase the quality of foraging habitats for badgers.

Bats

The protection of retained habitats and their improvement through long-term management will provide a net benefit for bats. These measures will be secured through a CEMP and LEMP.

The proposed house has been designed to sit back from the retained hedgerow by a sufficient distance such that a 10m buffer zone is created. This will protect the foraging and commuting value of the hedge for bats and mitigates the risk of light spill affecting the habitat. The house has also been designed so that

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there are no windows on this elevation, only a pair of French doors. This also reduces the risk of light spill affecting the habitat.

The creation of a large orchard will provide excellent foraging habitat for bats, including lesser horseshoe bats, which were recorded in low numbers on the static detector.

Further investigation of the redundant stable block will be completed in order to determine whether it is used by roosting bats. If this cannot be established via detailed inspections, then emergence surveys will be completed in spring / summer 2021.

Birds

The potential impacts of construction on nesting birds will be avoided by measures including:

• timing the work to avoid sensitive periods if required;

• toolbox talks for contractors;

• supervision of works by an ecologist;

These measures will be set out in detail in a CEMP, which can be secured via a suitably worded planning condition.

The creation of a new orchard will provide additional foraging and nesting habitat for birds.

Amphibians and Reptiles

The small risk of amphibians and reptiles being killed or injured during construction will be avoided through the application of reasonable avoidance measures. These will include:

• timing the work to avoid sensitive periods if required;

• toolbox talks for contractors;

• supervision of works by an ecologist;

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• pre-works vegetation clearance in a two-stage approach to remove top- growth and allow animals to escape before clearing back to ground level.

These measures will be set out in detail in a CEMP, which can be secured via a suitably worded planning condition.

The impacts of habitat loss on amphibians and reptiles will be mitigated by the retention and enhancement of existing habitats and the provision of new habitats in the form of the orchard and gardens.

Other Wildlife

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REFERENCES

References

Amphibian and Reptile Groups of the United Kingdom (2010) Advice Note 5: Great crested newt Habitat Suitability Index. ARG UK.

Bright, P. W., Morris, P. A. & Mitchell-Jones, A (2006) Dormouse Conservation Handbook (2nd Edition). English Nature, Peterborough.

British Trust for Ornithology (2007) Breeding Codes. Bird Atlas 2007, Simple Methods. BTO.

British Trust for Ornithology. Species Codes [online] URL: www.bto.org/sites/default/files/u16/downloads/forms_instructions/bto_bird_spe cies_codes.pdf

Collins, J. (2016) Bat Surveys for Professional Ecologists: Good Practice Guidelines (3rd Edition). The Bat Conservation Trust, London.

English Nature (2001) Great crested newt mitigation guidelines. English Nature. Peterborough.

English Nature (2002) Badgers and development. English Nature. Peterborough.

Froglife (1999). Froglife Advice Sheet 10: reptile survey. Froglife, London.

Gent, T. & Gibson, S. (2003) The Herpetofauna Workers' Manual. JNCC, Peterborough.

Gregory R, D., Gibbons, D. W. & Donald, P. F (2004) Bird census and survey techniques. In: Sutherland, W. J, Newton, I & Green R, E (Eds) Bird Ecology and Conservation: A Handbook of Techniques. Oxford University Press, Oxford. 17-56.

Harris, S., Cresswell, P. & Jefferies, D (1989) Surveying Badgers. The Mammal Society.

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JNCC (2004) Handbook for Phase 1 Habitat Survey – A Technqiue for Environmental Audit.

Langton, T., Beckett, C. & Foster, J (2001) Great crested newt conservation handbook. Froglife, Suffolk.

Mitchell-Jones, A. J. (2004) Bat Mitigation Guidelines, English Nature.

Mitchell-Jones, A. J. & McLeish, A. P. (2004) 3rd Edition Bat Worker’s Manual, JNCC.

National Rivers Authority (1993) Otters and River Habitat Management. Conservation Technical Handbook Number 3.

Natural England (2013) Magic [online] URL: www.magic.defra.gov.uk/home.htm

Oldham R.S., Keeble J., Swan M.J.S. & Jeffcote, M. (2000) Evaluating the suitability of habitat for the great crested newt (Triturus cristatus). Herpetological Journal. 10: 143-155.

Section 41 Species and Habitats Spreadsheet. JNCC [online] URL: jncc.defra.gov.uk/page-5717

Strachan, R., Moorhouse, T. & Gelling, M (2011) Water Vole Conservation Handbook (3rd Edition) Wildlife Conservation Research Unit (WildCRU), Oxford University.

Woods, M, Robbie, A.M., and Harris, S. (2010) Domestic Cat Predation on Wildlife [online] URL: https://www.mammal.org.uk/wp- content/uploads/2016/03/Domestic-Cat-Predation-on-Wildlife.pdf

Wray, S., Wells, D., Long, E., Mitchell-Jones, T. (2010) Valuing Bats in Ecological Impact Assessment. Published in In Practice, Number 70, December 2010, Pages 23-25

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Legislation and Policy

The Conservation of Habitats and Species (Amendment) Regulations 2012 (UK Parliament). The National Archives [online]. URL: http://www.legislation.gov.uk/uksi/2012/1927/contents/made

The Wildlife and Countryside Act 1981 (England and Wales) (Amendment) Regulations 2004 (UK Parliament). The National Archives [online]. URL: http://www.legislation.gov.uk/ukpga/1991/39/contentsCountryside and Rights of Way Act, 2000

The Protection of Badgers Act 1992 (UK Parliament). The National Archives [online]. URL: http://www.legislation.gov.uk/ukpga/1992/51/contents The Hunting Act, 2004

Natural Environment and Rural Communities Act 2006 (UK Parliament). The National Archives [online]. URL: http://www.legislation.gov.uk/ukpga/2006/16/contents

Department for Communities and Local Government (2012) National Planning Policy Framework [online]. URL: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/ 6077/2116950.pdf Circular 06/05 – Statutory Obligations and Their Impact Within the Planning System (2005)

Department for Environment, Food and Rural Affairs (2011) Biodiversity 2020: A Strategy for England’s Wildlife and Ecosystem Services [online] URL: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/ 69446/pb13583-biodiversity-strategy-2020-111111.pdf

Council of the European Communities (1992) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (EN). Official Journal of the European Communities [online]. 35, 7-50. URL: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:1992:206:TOC

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European Parliament and the Council of 30 November 2009 (2010) Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (EN). Official Journal of the European Union [online]. 53, 7-25. URL: http://eur-lex.europa.eu/legal- content/EN/TXT/?uri=OJ:L:2010:020:TOC

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APPENDICES

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Appendix 1 Site Photographs

On Behalf of: Lilley’s Cider 12 February 2021 eg20972 Appendix 1

Bramble scrub along fence line Hedge on bank at northern boundary Road hedge along Bunn’s Lane

Field where proposed bungalow will sit Field where proposed bungalow will sit Dry ditch along base of road hedge

ON BEHALF OF PROJECT Lilley’s Cider Roewood Farm

Environmental Gain Ltd The Old Church School, Butts Hill SCALE DATE TITLE Frome, BA11 1HR NTS Sep 2020 Appendix 1: Site Photographs T: 01225 459 564 PROJECT NO APPROVED [email protected] eg20972 MD www.engain.com

ON BEHALF OF PROJECT Redundant Barns Stable Block Lilley’s Cider Roewood Farm

Environmental Gain Ltd The Old Church School, Butts Hill SCALE DATE TITLE Frome, BA11 1HR NTS Sep 2020 Appendix 1: Redundant Barns Stable Block T: 01225 459 564 PROJECT NO APPROVED [email protected] www.engain.com eg20972 MD