Wood Eaton Sewage Treatment Works, Gnosall, Staffordshire Preliminary

WOOD EATON SEWAGE TREATMENT WORKS, GNOSALL, STAFFORDSHIRE

PRELIMINARY ECOLOGICAL APPRAISAL

A Report to: MWH Global

Report No: RT-MME-119066-52

Date: April 2017

Triumph House, Birmingham Road, Allesley, Coventry CV5 9AZ Tel: 01676 525880 Fax: 01676 521400 E-mail: [email protected] Web: www.middlemarch-environmental.com Wood Eaton Sewage Treatment Works, Staffordshire RT-MME-119066-52 Preliminary Ecological Appraisal

REPORT VERIFICATION AND DECLARATION OF COMPLIANCE

This study has been undertaken in accordance with British Standard 42020:2013 “Biodiversity, Code of practice for planning and development”.

Report Date Completed by: Checked by: Approved by: Version

Anna Evans MSc Ellie Rickman MSc Dr. Philip Fermor CEnv, Final 05/05/2017 (Ecological Project ACIEEM (Senior MCIEEM (Managing Officer) Ecological Consultant) Director)

The information which we have prepared is true, and has been prepared and provided in accordance with the Chartered Institute of Ecology and Environmental Management’s Code of Professional Conduct. We confirm that the opinions expressed are our true and professional bona fide opinions.

DISCLAIMER

The contents of this report are the responsibility of Middlemarch Environmental Ltd. It should be noted that, whilst every effort is made to meet the client’s brief, no site investigation can ensure complete assessment or prediction of the natural environment.

Middlemarch Environmental Ltd accepts no responsibility or liability for any use that is made of this document other than by the client for the purposes for which it was originally commissioned and prepared.

VALIDITY OF DATA

The findings of this study are valid for a period of 24 months from the date of survey. If works have not commenced by this date, an updated site visit should be carried out by a suitably qualified ecologist to assess any changes in the habitats present on site, and to inform a review of the conclusions and recommendations made.

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NON-TECHNICAL SUMMARY

Middlemarch Environmental Ltd was commissioned by MWH Global to carry out an ecological appraisal at the site of a proposed development at Wood Eaton Sewage Treatment Works near Gnosall in Staffordshire. To fulfil this brief an ecological desk study and a Phase 1 Habitat Survey were undertaken.

The ecological desk study identified one European Statutory Site, one UK Statutory Site, SSSI Impact Risk Zones and three non-statutory sites within the search area. Precautionary consultation is recommended for one of the non-statutory sites. The desk study also identified records of bats, birds, otter, brown hare, butterflies and notable plants.

The Phase 1 Habitat Survey was undertaken on 10th April 2017 by Charlotte Richardson, Ecological Consultant. This found the site to be dominated by the buildings and structures of the sewage treatment works in the north, which are surrounded by areas of amenity grassland and hardstanding with a small area of ephemeral/short-perennial vegetation. To the west, south and east of the site are areas of rough improved grassland with pockets of tall ruderal vegetation and scrub, whilst a hedgerow is present along the western boundary. Areas of scrub are also present along the northern and eastern boundaries.

The key ecological features on site are the presence of an invasive species (Himalayan balsam) and the potential presence of terrestrial mammals, herpetofauna, otter and water vole.

In order to ensure compliance with wildlife legislation and relevant planning policy, the following recommendations are made:

R1 Reulemill Covert LWS: The Local Planning Authority ecologist and / or the local Wildlife Trust should be consulted prior to any works commencing to ensure that the proposed works will not adversely impact upon the site. R2 Habitat Loss and Restoration: Where habitats may be temporarily affected by the proposed works, it is recommended that appropriate measures are taken to restore these habitats post-construction in order to maintain the biodiversity value of the site. R3 Terrestrial Mammals (including Fox and Hedgehog): Any excavations that need to be left overnight should be covered or fitted with mammal ramps to ensure that any animals that enter can safely escape. Any open pipework with an outside diameter of greater than 120 mm must be covered at the end of each work day to prevent animals entering/becoming trapped. R4 Herpetofauna: The improved grassland at the location of the potential extension of the turning circle should be maintained with a short sward. If this is not possible then any strimming or stripping of the grassland should be undertaken under the supervision of an experienced ecologist as a precaution to prevent harm to common reptiles or amphibians.

The following precautionary recommendations are also made: R5 Otter and Water Vole: Should the works alter to come within 8 metres of the brook just outside the eastern boundary of the survey area, surveys for otter and water vole should be undertaken. Water vole surveys can be completed between March and October inclusive. Otter surveys can be undertaken at any time of year. R6 Himalayan Balsam: The works must not cause the Himalayan balsam present on site to spread in the wild. If removal is required, this must be undertaken with care.

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CONTENTS

1. INTRODUCTION ...... 5

1.1 PROJECT BACKGROUND ...... 5 1.2 SITE DESCRIPTION AND CONTEXT ...... 5 1.3 DOCUMENTATION PROVIDED ...... 5 2. METHODOLOGIES...... 6

2.1 DESK STUDY ...... 6 2.2 PHASE 1 HABITAT SURVEY ...... 6 3. LEGISLATION AND POLICY ...... 7

3.1 GENERAL BIODIVERSITY LEGISLATION AND POLICY ...... 7 3.2 NATIONAL PLANNING POLICY FRAMEWORK AND PRACTICE GUIDANCE ...... 8 3.3 LOCAL PLANNING POLICY ...... 9 4. DESK STUDY RESULTS ...... 11

4.1 INTRODUCTION ...... 11 4.2 NATURE CONSERVATION SITES ...... 11 4.3 PROTECTED / NOTABLE SPECIES ...... 11 4.4 INVASIVE SPECIES ...... 12 5. PHASE 1 HABITAT SURVEY ...... 13

5.1 INTRODUCTION ...... 13 5.2 SURVEY CONSTRAINTS AND LIMITATIONS ...... 13 5.3 HABITATS ...... 13 5.4 FAUNA ...... 14 5.5 INVASIVE PLANT SPECIES ...... 14 6. DISCUSSIONS AND CONCLUSIONS ...... 15

6.1 SUMMARY OF PROPOSALS ...... 15 6.2 NATURE CONSERVATION SITES ...... 15 6.3 HABITATS ...... 15 6.4 PROTECTED/NOTABLE SPECIES ...... 16 6.5 INVASIVE PLANT SPECIES ...... 18 7. RECOMMENDATIONS ...... 19

7.1 NATURE CONSERVATION SITES ...... 19 7.2 HABITATS ...... 19 7.3 PROTECTED / NOTABLE SPECIES ...... 19 7.4 INVASIVE PLANT SPECIES ...... 20 8. DRAWINGS ...... 21 9. PHOTOGRAPHS ...... 23 REFERENCES AND BIBLIOGRAPHY ...... 26 APPENDICES ...... 27

APPENDIX 1 ...... 28 APPENDIX 2 ...... 33

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1. INTRODUCTION

1.1 PROJECT BACKGROUND In March 2017, MWH Global commissioned Middlemarch Environmental Ltd to undertake a Preliminary Ecological Appraisal of a site at Wood Eaton Sewage Treatment Works. This assessment is required to inform a planning application associated with the installation of new infrastructure on site.

To assess the existing ecological interest of the site an ecological desk study was carried out, and a walkover survey was undertaken on 10th April 2017.

1.2 SITE DESCRIPTION AND CONTEXT The site is situated in a rural location to the south of the village of Gnosall in Staffordshire, at OS Grid Reference SJ83951889. The plot measures approximately 3.1 ha and is dominated by the buildings and structures of the sewage treatment works in the north, which are surrounded by areas of amenity grassland and hardstanding with a small area of ephemeral/short-perennial vegetation. To the west, south and east of the site are areas of rough improved grassland with pockets of tall ruderal vegetation and scrub, whilst a hedgerow is present along the western boundary. Areas of scrub are also present along the northern and eastern boundaries.

An area of woodland containing small watercourses and fishing ponds (Reulemill Covert) is present just outside the eastern boundary of the site and is designated as a Local Wildlife Site whilst the remainder of the site is surrounded by arable land, with minor roads running along the northern and western boundaries. The wider landscape is dominated by agricultural land and pockets of woodland, with small watercourses crossing the landscape including the Shropshire Union Canal approximately 775 metres to the west. The village of Church Eaton is located approximately 1.3 km to the south, with Gnosall Heath located approximately 1.6 km to the north-west.

1.3 DOCUMENTATION PROVIDED The conclusions and recommendations made in this report are based on information provided by the client regarding the scope of the project.

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2. METHODOLOGIES

2.1 DESK STUDY An ecological desk study was undertaken to determine the presence of any designated nature conservation sites and protected species in proximity to the site. This involved contacting appropriate statutory and non-statutory organisations which hold ecological data relating to the survey area. Middlemarch Environmental Ltd then assimilated and reviewed the desk study data provided by these organisations.

The consultees for the desk study were:  Natural England - MAGIC website for statutory conservation sites;  Staffordshire Ecological Record.

The desk study included a search for European statutory nature conservation sites within a 5 km radius of the site (extended to 10 km for any statutory site designated for bats), UK statutory sites within a 2 km radius and non-statutory sites and protected/notable species records within a 1 km radius.

The data collected from the consultees is discussed in Chapter 4. Selected raw data are provided in Appendix 1. In compliance with the terms and conditions relating to its commercial use, the full desk study data is not provided within this report.

The desk study also included a review of relevant local planning policy with regard to biodiversity and nature conservation (see Chapter 3).

2.2 PHASE 1 HABITAT SURVEY The walkover survey was conducted following the Phase 1 Habitat Survey methodology of the Joint Nature Conservation Committee (JNCC, 2010) and the Institute of Environmental Assessment (IEA, 1995). Phase 1 Habitat Survey is a standard technique for classifying and mapping British habitats. The aim is to provide a record of habitats that are present on site. During the survey, the presence, or potential presence, of protected species was noted.

Whilst every effort is made to notify the client of any plant species listed on Schedule 9 of the Wildlife and Countryside Act (1981, as amended) present on site, it should be noted that this is not a specific survey for these species.

Data recorded during the field survey are discussed in Chapter 5.

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3. LEGISLATION AND POLICY

This chapter provides an overview of the framework of legislation and policy which underpins nature conservation and is a material consideration in the planning process in England. The reader should refer to the original legislation for the definitive interpretation.

3.1 GENERAL BIODIVERSITY LEGISLATION AND POLICY Conservation of Habitats and Species Regulations 2010 (as amended) The Habitats Regulations 2010 consolidate and update the Conservation (Natural Habitats, &c.) Regulations 1994 and all its various amendments. The Habitats Regulations 2010 are the principal means by which the EEC Council Directive 92/43 (The Habitats Directive) as amended is transposed into English and Welsh law.

The Habitats Regulations 2010 place duty upon the relevant authority of government to identify sites which are of importance to the habitats and species listed in Annexes I and II of the Habitats Directive. Those sites which meet the criteria are, in conjunction with the European Commission, designated as Sites of Community Importance, which are subsequently identified as Special Areas of Conservation (SAC) by the European Union member states. The regulations also place a duty upon the government to maintain a register of European protected sites designated as a result of EC Directive 79/409/EEC on the Conservation of Wild Birds (The Birds Directive). These sites are termed Special Protection Areas (SPA) and, in conjunction with SACs, form a network of sites known as Natura 2000. The Habitats Directive introduces for the first time for protected areas, the precautionary principle; that is that projects can only be permitted having ascertained no adverse effect on the integrity of the site. Projects may still be permitted if there are no alternatives, and there are imperative reasons of overriding public interest.

The Habitats Regulations 2010 also provide for the protection of individual species of fauna and flora of European conservation concern listed in Schedules 2 and 5 respectively. Schedule 2 includes species such as otter and great crested newt for which the UK population represents a significant proportion of the total European population. It is an offence to deliberately kill, injure, disturb or trade these species. Schedule 5 plant species are protected from unlawful destruction, uprooting or trade under the regulations.

The Habitats Regulations 2010 were amended in August 2012 to ensure clearer transposition of the provisions of Articles 2, 3, 4(4) (second sentence) and Article 10 of the Wild Birds Directive, by giving additional and specific duties to relevant bodies. A number of amendments were also made to transpose more clearly certain elements of the Habitats Directive.

The Wildlife and Countryside Act (WCA) 1981 (as amended) The WCA, as amended, consolidates and amends pre-existing national wildlife legislation in order to implement the Bern Convention and the Birds Directive. It complements the Habitat Regulations 2010 (as amended), offering protection to a wider range of species. The Act also provides for the designation and protection of national conservation sites of value for their floral, faunal or geological features, termed Sites of Special Scientific Interest (SSSIs).

Schedules of the act provide lists of protected species, both flora and fauna, and detail the possible offences that apply to these species.

The Countryside and Rights of Way (CRoW) Act 2000 The CROW Act, introduced in England and Wales in 2000, amends and strengthens existing wildlife legislation detailed in the WCA. It places a duty on government departments and the National Assembly for Wales to have regard for biodiversity, and provides increased powers for the protection and maintenance of SSSIs. The Act also contains lists of habitats and species (Section 74) for which conservation measures should be promoted, in accordance with the recommendations of the Convention on Biological Diversity (Rio Earth Summit) 1992.

The Natural Environment and Rural Communities (NERC) Act 2006 Section 40 of the NERC Act places a duty upon all local authorities and public bodies in England and Wales to promote and enhance biodiversity in all of their functions. Sections 41 (England) and 42 (Wales) list habitats and species of principal importance to the conservation of biodiversity. These lists superseded Section 74 of the CRoW Act 2000.

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The Hedgerow Regulations 1997 The Hedgerow Regulations make provision for the identification of important hedgerows which may not be removed without permission from the Local Planning Authority.

UK Post-2010 Biodiversity Framework The UK Biodiversity Action Plan (BAP), published in 1994, was the UK Government’s response to signing the Convention on Biological Diversity (CBD) at the 1992 Rio Earth Summit. The new UK Post-2010 Biodiversity Framework replaces the previous UK level BAP. The UK Post-2010 Biodiversity Framework covers the period 2011-2020 and forms the UK Government’s response to the new strategic plan of the United Nations Convention on Biological Diversity (CBD), published in 2010 at the CBD meeting in Nagoya, Japan. This includes five internationally agreed strategic goals and supporting targets to be achieved by 2020. The five strategic goals agreed were:  Address the underlying causes of biodiversity loss by mainstreaming biodiversity across government and society;  Reduce the direct pressures on biodiversity and promote sustainable use;  To improve the status of biodiversity by safeguarding ecosystems, species and genetic diversity;  Enhance the benefits to all from biodiversity and ecosystem services; and,  Enhance implementation through participatory planning, knowledge management and capacity building.

The Framework recognises that most work which was previously carried out under the UK BAP is now focused on the four individual countries of the United Kingdom and Northern Ireland, and delivered through the countries’ own strategies. Following the publication of the new Framework the UK BAP partnership no longer operates but many of the tools and resources originally developed under the UK BAP still remain of use and form the basis of much biodiversity work at country level. In England the focus is on delivering the outcomes set out in the Government’s ‘Biodiversity 2020: a Strategy for England’s Wildlife and Ecosystem Services’ (DEFRA, 2011). This sets out how the quality of our environment on land and at sea will be improved over the next ten years and follows on from policies contained in the Natural Environment White Paper.

Species and Habitats of Material Consideration for Planning in England Previous planning policy (and some supporting guidance which is still current, e.g. ODPM Circular 06/2005, now under revision), refers to UK BAP habitats and species as being a material consideration in the planning process. Equally many local plans refer to BAP priority habitats and species. Both remain as material considerations in the planning process but such habitats and species are now described as Species and Habitats of Principal Importance for Conservation in England, or simply priority habitats and priority species under the UK Post-2010 Biodiversity Framework. The list of habitats and species remains unchanged and is still derived from Section 41 list of the Natural Environmental and Rural Communities (NERC) Act 2006. As was previously the case when it was a BAP priority species hen harrier continues to be regarded as a priority species although it does not appear on the Section 41 list.

3.2 NATIONAL PLANNING POLICY FRAMEWORK AND PRACTICE GUIDANCE In early 2012, the National Planning Policy Framework (NPPF) replaced much previous planning policy guidance, including Planning Policy Statement 9: Biological and Geological Conservation. The government circular 06/05: Biodiversity and Geological Conservation - Statutory Obligations and Their Impact within the Planning System, which accompanied PPS9, still remains valid. A presumption towards sustainable development is at the heart of the NPPF. This presumption does not apply however where developments require appropriate assessment under the Birds or Habitats Directives.

Chapter 11, on conserving and enhancing the natural environment, sets out how the planning system should contribute to and enhance the natural and local environment by minimising impacts on biodiversity and, where possible, provide net gains in biodiversity. Opportunities to incorporate biodiversity gains into a development should be encouraged.

If a proposed development would result in significant harm to the natural environment which cannot be avoided (through the use of an alternative site with less harmful impacts), mitigated or compensated for (as a last resort) then planning permission should be refused.

In March 2014 the Department for Communities and Local Government released guidance to support the

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National Planning Policy Framework (NPPF), known as the National Planning Practice Guidance (NPPG).

This has been produced to provide guidance for planners and communities which will help deliver high quality development and sustainable growth in England. The guidance includes a section entitled ‘Natural Environment: Biodiversity, ecosystems and green infrastructure’ which sets out information with respect to the following:  the statutory basis for minimising impacts on biodiversity and providing net gains where possible;  the local planning authority’s requirements for planning for biodiversity;  what local ecological networks are and how to identify and map them;  the sources of ecological evidence;  the legal obligations on local planning authorities and developers regarding statutory designated sites and protected species;  the considerations for local (non-statutory) designated sites;  definition of green infrastructure;  where biodiversity should be taken into account in preparing a planning application;  how development can enhance biodiversity;  how policy is applied to avoid, mitigate or compensate for significant harm to biodiversity and how mitigation and compensation measures can be ensured; and,  the consideration of ancient woodlands and veteran trees in planning decisions.

3.3 LOCAL PLANNING POLICY STAFFORD http://www.staffordbc.gov.uk/forwardplanning

The New Stafford Borough Local Plan The Plan for Stafford Borough is currently in the process of being prepared. This new Local Plan will eventually replace and update policies and proposals within the adopted Local Plan.

Stafford Borough Adopted Local Plan The Stafford Borough Local Plan 2001 is the current adopted development plan for Stafford Borough and is used to assess planning applications.

The Local Plan, as part of the Planning and Compulsory Purchase Act 2004 was saved in its entirety until 27th September 2007. The Secretary of State has since made the decision on what policies should be saved beyond this date. The saved policies relevant to ecology are:

Policy E & D6 ‘Assessment Environmental Impact’ All submitted planning applications should include sufficient information to allow their environmental impact to be accurately judged.

Policy E & D27 ‘Green Network’ Development will not be permitted where it would adversely affect the character of the green network or sever important linkages between more extensive areas of undeveloped space. Where development is to be permitted on sites within or adjacent to the green network it should:- (i) locate the majority of open space required as part of the development adjacent to the network; (ii) retain or create pedestrian access to the network; (iii) maintain and enhance the green network to increase its nature conservation value and provide informal recreation for residents; (iv) utilise appropriate landscaping techniques using native species;

Policy E & D36 ‘Nature Conservation: General Requirements in Consideration of Planning Applications’ Planning applications for developments that may affect sites of acknowledged importance for nature conservation will normally be required to be accompanied by an ecological survey and report.

Policy E & D37 ‘Nature Conservation: Sites of International Importance’ Development which may affect a European site, a proposed European site or a Ramsar site, not directly connected with, or necessary to the management of the site, and which may have a significant effect on the

Middlemarch Environmental Ltd. Page 9 Wood Eaton Sewage Treatment Works, Staffordshire RT-MME-119066-52 Preliminary Ecological Appraisal site (either individually or in combination with other proposals), will not be permitted unless there is no alternative solution and there are imperative reasons of overriding public interest. Where the site concerned hosts a priority natural habitat type and/or a priority species, development will not be permitted unless it is necessary for reasons of human health or public safety or for beneficial consequences of primary importance for nature conservation.

Policy E & D38 ‘Nature Conservation: Sites of National Importance’ Development which may have a harmful effect, directly or indirectly, on a Site of Special Scientific Interest or National Nature Reserve will not be permitted unless the reasons for the development clearly outweigh the value of the site and the national policy to safeguard the intrinsic nature conservation value of the national network of such sites.

Policy E & D39 ‘Nature Conservation: Sites of Regional/Local Importance’ Development which may harm, directly or indirectly, Local Nature Reserves, Sites of Nature Conservation interest and Regionally Important Geological Sites will not be permitted unless the reasons for the proposal clearly outweigh the need to safeguard the intrinsic nature conservation value of the site or feature.

Policy E & D40 ‘Mitigation and Amelioration of Impact on Sites of Nature Conservation Value’ Where development is to be approved which could affect any site of nature conservation value appropriate measures will normally be required to:- a) conserve, as far as possible, the site's nature conservation interest; b) replace habitats or features where damage is unavoidable; c) ensure sympathetic siting and development and suitable planting; and, d) introduce site management if appropriate.

Policy E & D41 ‘Protected Species’ Development likely to have an adverse effect upon species protected by the Wildlife and Countryside Act 1981, as amended, will only be permitted where harm to the species can be avoided. To avoid harm to the species the Local Planning Authority may consider the use of conditions and planning obligations to: a) facilitate the survival of individual members of the species; b) reduce disturbance to a minimum; c) provide adequate alternative habitats to sustain at least the current levels of population.

Policy E & D45 ‘Protection of Ancient Woodlands’ Proposals that would have an adverse effect upon the nature conservation and/or landscape value of an Ancient Woodland area will be refused.

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4. DESK STUDY RESULTS

4.1 INTRODUCTION The data search was carried out on 19th April 2017 by Staffordshire Ecological Record, with the MAGIC search carried out on 26th April 2017. All relevant ecological data provided by the consultees was reviewed and the results from these investigations are summarised in Sections 4.2 to 4.4. Selected data are provided in Appendix 1.

4.2 NATURE CONSERVATION SITES Statutory and non-statutory nature conservation sites located in proximity to the survey area are summarised in Table 4.1.

Proximity to Site Name Designation Description Survey Area European Statutory Sites Mottey Meadows is one of the best examples in the UK of wildflower rich floodplain meadows. The reserve is made up of a series of alluvial flood meadows which have been managed as hay meadows for many centuries. The Mottey Meadows SAC 4.9 km reserve’s grassland supports over 240 species of flowering plants and grasses. The site also supports a number of invertebrate species, including many species of butterflies and the rare horsetail weevil. It is also home to breeding birds such as snipe, curlew and lapwing. UK Statutory Sites One of the most important flower-rich wet grasslands in Allimore Green 1.6 km east- SSSI Staffordshire, with over 140 plant species recorded. Orchids Common north-east are abundant with several different species to be found. Non-statutory Sites Reulemill Covert Adjacent A broad-leaved plantation with two large pools, a network LWS (81/49/00) (east) of streams and an area of recent tree planting. A mixed woodland on the steep sided banks of the Chamberlain’s Covert 660 m south- BAS Shropshire Union Canal with a limited number of ancient (81/38/04) west woodland indicator species present in the ground flora. Retained 845 m east- An area of planted broadleaf woodland which also contains Wheatcroft Covert BAS north-east a small block of mixed plantation. Key: SAC: Special Area of Conservation SSSI: Site of Special Scientific Interest LWS: Local Wildlife Site BAS: Biodiversity Alert Site Table 4.1: Summary of Nature Conservation Sites

In addition, the survey area falls within a SSSI Impact Risk Zone for Allimore Green Common SSSI, which is located 1.6 km east-north-east of the site.

4.3 PROTECTED / NOTABLE SPECIES Table 4.2 and the following text provide a summary of protected and notable species records within a 1 km radius of the study area. It should be noted that the absence of records should not be taken as confirmation that a species is absent from the search area.

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Most Proximity of Species of No. of Legislation / Species Recent Nearest Record Principal Records Conservation Status Record to Study Area Importance? Mammals (Bats) Brandt’s bat 875 m south- ECH 4, 1 1991 - Myotis brandtii west WCA 5, WCA 6 Daubenton’s bat 875 m south- ECH 4, 1 1991 - Myotis daubentonii west WCA 5, WCA 6 ECH 4, Noctule 875 m south- 1 1991  WCA 5, WCA 6, Nyctalus noctula west LBAP ECH 4, Pipistrelle bat 875 m south- 4 1991 * WCA 5, WCA 6, Pipistrellus sp. west LBAP Mammals (Other) ECH 2, ECH 4, Otter 1 2001 Adjacent to site  WCA 5, WCA 6, Lutra lutra LBAP Key: * Species dependent ECH 2: Annex II of the European Communities Council Directive on the Conservation of Natural Habitats and Wild Fauna and Flora. Animal and plant species of community interest whose conservation requires the designation of Special Areas of Conservation. ECH 4: Annex IV of the European Communities Council Directive on the Conservation of Natural Habitats and Wild Fauna and Flora. Animal and plant species of community interest in need of strict protection. WCA 5: Schedule 5 of Wildlife and Countryside Act 1981 (as amended). Protected animals (other than birds). WCA 6: Schedule 6 of Wildlife and Countryside Act 1981 (as amended). Animals which may not be killed or taken by certain methods. Species of Principal Importance: Species of Principal Importance for Nature Conservation in England. LBAP: Species Listed on the Newcastle, North Tyneside and/or Northumberland Biodiversity Action Plans. Note. This table does not include reference to the Berne Convention (Convention on the Conservation of European Wildlife and Natural Habitats), the Bonn Convention on the Conservation of Migratory Species of Wild Animals or the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Table 4.2: Summary of Protected/Notable Species Records Within 1 km of Survey Area

The desk study also identified a number of other notable species within a 1 km radius of the study area. These included brown hare Lepus europaeus, hedgehog Erinaceous europaeus, white-letter hairstreak butterfly Satyrium w-album and plants including bluebell Hyacinthoides non-scripta, wild strawberry Fragaria vesca and common valerian Valeriana officinalis .

The desk study also identified a number of bird records. These included:  Eight species listed on Schedule 1 of the Wildlife and Countryside Act 1981 (as amended), including barn owl Tyto alba, fieldfare Turdus pilaris, kingfisher Alcedo atthis and redwing Turdus iliacus.  Fourteen further species of principal importance, including: bullfinch Pyrrhula pyrrhula, house sparrow Passer domesticus, skylark Alauda arvensis, song thrush Turdus philomelos and starling Sturnus vulgaris.  One further species with red status as a bird of high conservation concern on the JNCC Birds of Conservation Concern list: mistle thrush Turdus viscivorus; and  Four further species with amber status as birds of medium conservation concern on the JNCC Birds of Conservation Concern list: redstart Phoenicurus phoenicurus, shelduck Tadorna tadorna, tawny owl Strix aluco, willow warbler Phylloscopus trochilus.

4.4 INVASIVE SPECIES No invasive species were identified within the search area through the desk study. It should be noted, however, that the absence of records should not be taken as confirmation that a species is absent from the search area.

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5. PHASE 1 HABITAT SURVEY

5.1 INTRODUCTION The results of the Phase 1 Habitat Survey are presented in the following sections. An annotated Phase 1 Habitat Survey Drawing (Drawing C119066-52-01) is provided in Chapter 8. This drawing illustrates the location and extent of all habitat types recorded on site. Any notable features or features too small to map are detailed using target notes. Photographs taken during the field survey are presented in Chapter 9.

The survey was carried out on 10th April 2017 by Charlotte Richardson (Ecological Consultant). Table 5.1 details the weather conditions at the time of the survey.

Parameter Condition Temperature (ºC) 11 Cloud (%) 95 Wind (Beaufort) F1-2 Precipitation Dry Table 5.1: Weather Conditions During Field Survey

5.2 SURVEY CONSTRAINTS AND LIMITATIONS No constraints or limitations were encountered during the survey.

5.3 HABITATS The following habitat types were recorded on site during the field survey:  Amenity Grassland;  Buildings and Structures;  Ephemeral/Short-perennial Vegetation;  Hedgerow;  Hardstanding;  Improved Grassland;  Scattered Tree;  Scrub; and  Tall Ruderal Vegetation.

These habitats are described below. They are ordered alphabetically, not in order of ecological importance.

Amenity Grassland Short-mown amenity grassland with a sward height of 50mm or less was present around the operational infrastructure of the sewage treatment works (Plate 9.1). This was dominated by perennial rye-grass Lolium perenne, with dandelion Taraxacum officinale agg., clover Trifolium sp. and nettle Urtica dioica also present.

Buildings and Structures Two buildings were present on site: one located towards the south-western corner of the works area (Building B1, Plate 9.2) and one towards the eastern end of the works area (Building B2, Plate 9.3). Both buildings were brick-built with pitched roofs, but Building B1 was concrete tiled and Building B2 had corrugated sheeting. A number of potential bat roost features were noted on the buildings, for example gaps in the soffit boxing of building B1 (Plate 9.4) and gaps in the wall of building B2 (Plate 9.5) however it is understood that they will not be impacted by the proposed works.

The remaining infrastructure mostly comprised steel tanks of negligible ecological value (Plate 9.6). Some of these were noted to hold treated water however they were bounded by concrete walls (Plate 9.7), providing no route of access into them for aquatic fauna.

Ephemeral/Short-perennial Vegetation Some ephemeral/short-perennial vegetation with a sward height of approximately 5cm had become

Middlemarch Environmental Ltd. Page 13 Wood Eaton Sewage Treatment Works, Staffordshire RT-MME-119066-52 Preliminary Ecological Appraisal established on bare earth adjacent to building B1 (Plate 9.8). This comprised species including willowherb Epilobium sp. and hairy bitter-cress Cardamine hirsuta, with small tufts of short perennial rye-grass, nettle and moss also present.

Hedgerow An intact, species-poor hedgerow dominated by hawthorn Crataegus monogyna was present along the western boundary of the site (Plate 9.9). This was managed to a height of 2 metres and had scattered bramble Rubus fruticosus present at its base.

Hardstanding The hardstanding present on site largely comprised concrete access roads (Plate 9.10) and paved walkways, with additional shingle stone present in some areas (Plate 9.11).

Improved Grassland Areas of rough improved grassland were present outside the fenced works area, including a larger area in the east and south-east of the site (Plate 9.12) and an area towards the south-west which may be impacted to extend the hardstanding turning circle (Plate 9.13). These were dominated by tussocky perennial rye-grass with a sward height of 30-50cm. Other species recorded included cleavers Galium aparine, dock Rumex sp., dandelion and red campion Silene dioica, with stands of nettle and thistle Cirsium sp. Ground ivy Glechoma hederacea and ramsons Allium ursinum were also recorded towards the south-eastern boundary.

Scattered Tree A mature oak Quercus sp. was present within the south-eastern area of improved grassland. This was noted to contain features with bat roost potential (Plates 9.15 and 9.16).

Scrub Scrub comprising bramble and willow saplings Salix sp. was present along the eastern boundary of the site (Plate 9.17), with a small amount of immature elder Sambucus nigra scrub present adjacent to this. Scattered semi-mature elder scrub was also present along the northern boundary (Plate 9.18) and within the improved grassland.

Tall Ruderal Vegetation Pockets of tall ruderal vegetation were present within the areas of improved grassland across the site. These included an area dominated by nettle, with some carrot Daucus sp., hairy bitter-cress, bramble, white dead- nettle Lamium album and grasses adjacent to the road hedge in the north-west of the site (see Plate 9.18). Pockets of nettle were also present in the northern area of improved grassland whilst in the east the tall ruderal vegetation was dominated by herb robert Geranium robertianum, with nettle, ground-ivy and scattered bramble, elder and ash saplings also present.

5.4 FAUNA During the survey field signs of faunal species were recorded. The time of year at which the survey is undertaken will affect species or field signs directly recorded during the survey.

Birds Blackbird Turdus merula, long-tailed tit Aegithalos caudatus and woodpigeon Columba palumbus were all observed on site during the field survey. These all have green status as birds of low conservation concern on the JNCC ‘Birds of Conservation Concern’ list.

Mammals Rabbit Oryctolagus cuniculus burrows were recorded on site during the field survey (Plate 9.19), along with push-unders associated with the boundary fencing and faint mammal tracks in the eastern area of improved grassland.

5.5 INVASIVE PLANT SPECIES Himalayan balsam Impatiens glandulifera was recorded towards the south-eastern boundary of the site.

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6. DISCUSSIONS AND CONCLUSIONS

6.1 SUMMARY OF PROPOSALS It is understood that proposals for the site involve construction of a new lab cubicle measuring approximately 2 m x 3 m, a new chemical dosing unit to include a kiosk and chemical storage vessel and potentially a new stainless steel tank. The bottom of the western-most track may also be extended for vehicular turning.

It is anticipated that works will be confined within the fenced hardstanding areas wherever possible.

6.2 NATURE CONSERVATION SITES The desk study exercise identified one European statutory site within 5 km, one UK statutory site and SSSI Impact Risk Zones within 2 km and three non-statutory sites within 1 km of the site. The site is not located within 10 km of a statutory site designated for bats. The significance of these sites to the proposed development are discussed below.

European Statutory Sites Mottey Meadows SAC is situated just under 5 km from the survey area, has no direct connectivity to it and is separated by intervening land use dominated by agricultural land. As a result, and as the proposed works are small in scale and extent, it is not anticipated that the SAC will be adversely impacted by the works and they are highly unlikely to contravene local planning policy relating to such sites (Saved Policy E & D37 ‘Nature Conservation: Sites of International Importance’ in the Stafford Borough Adopted Local Plan). It is therefore not a notable consideration.

UK Statutory Sites Allimore Green Common SSSI is situated approximately 1.6 km from the survey area, has no direct connectivity to it and is separated by intervening land use dominated by agricultural land. As a result, and as the proposed works are small in scale and extent, it is not anticipated that the SSSI will be adversely impacted by the works. The site sits within a SSSI Impact Risk Zone for Allimore Common however the proposed works do not fall within one of the highlighted risk categories and are therefore unlikely to cause a risk to the associated SSSI. The proposed works are therefore highly unlikely to contravene local planning policy relating to such sites (Saved Policy E & D38 ‘Nature Conservation: Sites of National Importance’ in the Stafford Borough Adopted Local Plan) and the SSSI is therefore not a notable consideration.

Non-Statutory Sites Reulemill Covert LWS is situated adjacent to the eastern boundary of the survey area. The site will not be directly impacted by the proposed works and as the works are small-scale and likely to be confined within the fenced and hardstanding areas it is considered unlikely that the citation features of the site would be adversely impacted by the proposed works. It is therefore considered unlikely that the works would contravene local planning policy relating to such sites (Saved Policy E & D39 ‘Nature Conservation: Sites of Regional/Local Importance’ in the Stafford Borough Adopted Local Plan). However due to the proximity of the site, a precautionary recommendation for consultation is made in Chapter 7.

The remaining sites are located over 650 metres from the survey area, have no connectivity to it and are separated from it by roads and intervening agricultural land. The proposed development is therefore highly unlikely to impact adversely upon any of the citation features of the sites and they are not notable considerations.

6.3 HABITATS The ecological importance of the habitats present on site is determined by their presence on the list of Habitats of Principal Importance in England and on the Local BAP. It also takes into account the intrinsic value of the habitat. Those habitats which are considered to be of intrinsic importance and have the potential to be impacted by the site proposals are highlighted as notable considerations.

A discussion of the implications of the site proposals with regard to the habitats present on site is provided in the text below. A separate discussion of the value of the habitats on site to protected or notable species is provided in Section 6.4.

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Amenity Grassland and Improved Grassland Although areas of these habitats may be impacted by, or lost to, the proposed development, they are not UK Habitats of Principal Importance or Local BAP priority habitats and comprise locally common plant species. Most impacts will be temporary and easily restored in the medium to long term, with any losses affecting only a small percentage of the habitat. They are therefore not notable considerations.

Hardstanding Although areas of this habitat will be impacted by the proposed development, it has no inherent ecological value and is therefore not a notable consideration.

Buildings and Structures, Ephemeral/Short-perennial Vegetation, Hedgerow, Scattered Tree, Scrub and Tall Ruderal Vegetation These habitats will not be impacted by the proposed development and are therefore not notable considerations.

6.4 PROTECTED/NOTABLE SPECIES The following paragraphs consider the likely impact of the site proposals on protected or notable species. This is based on those species highlighted in the desk study exercise (Chapter 4) and other species for which potentially suitable habitat occurs within or adjacent to the survey area.

Badgers and Other Terrestrial Mammals No badger records were identified within the search area through the desk study however records of brown hare and hedgehog were identified. In addition, rabbit burrows were recorded on site during the field survey, along with push-unders associated with the boundary fencing and faint mammal tracks in the eastern area of improved grassland. No badger setts were identified on site and little suitable sett building habitat was present, however the areas of grassland in particular offer suitable foraging habitat both for badgers and other terrestrial mammals whilst the woodland immediately adjacent to the eastern boundary of the survey area offers potential sett-building habitat.

Thus, as mammals are known to be active on site, the potential exists for them to be at risk of entrapment within any excavations required as part of the proposed works. They are therefore a notable consideration and a recommendation is made in Chapter 7.

Bats The desk study identified seven records of brandt’s, daubenton’s, noctule and pipistrelle bats within the search area. The building on site were concluded to hold bat roost potential, as was the mature oak tree situated towards the south-eastern boundary; however none of these will be impacted by the proposed works and thus roosting bats are not a notable consideration.

Much of the site holds low value to foraging and commuting bats as it is dominated by the operational structures of the sewage treatment works surrounded by hardstanding and amenity grassland. However, the hedgerow along the western boundary of the site and the woodland edge along the eastern boundary offer better potential commuting and foraging routes across the site, with the woodland edge in particular offering a link to potential roosting habitat within the woodland beyond. These features will not currently be impacted by the proposed works and they will not be subject to any lighting. As such the features will not be lost or fragmented and as a result bats are not a notable consideration.

Birds Records of a number of notable bird species were identified within the search area through the desk study, whilst a number of common bird species of low conservation concern were recorded on site during the field survey. Much of the site is of low value to nesting and foraging birds as it is dominated by the operational structures of the sewage treatment works surrounded by hardstanding and amenity grassland; however there is some nesting potential associated with the hedgerows and scrub. These habitats will not currently be impacted by the proposed works and thus nesting birds are not a notable consideration.

As no potential nesting habitat will currently be lost to or disturbed by the proposed works, and as larger areas of potential nesting habitat are present elsewhere in the local area, it is not anticipated that local bird

Middlemarch Environmental Ltd. Page 16 Wood Eaton Sewage Treatment Works, Staffordshire RT-MME-119066-52 Preliminary Ecological Appraisal populations will be adversely impacted by the proposed works.

Great Crested Newt The desk study identified no records of great crested newt, or any other amphibians, within the 1 km search area and no evidence of any amphibians was recorded on site during the field survey. The only waterbodies present within the survey area were areas of treated water bounded by concrete walls which provided no route of access for aquatic fauna. In addition, much of the site contained unsuitable terrestrial habitat for newts as it was dominated by the operational structures of the sewage treatment works surrounded by hardstanding and amenity grassland with a short sward; however, the rough improved grassland and hedgerow provided potentially suitable terrestrial habitat. Reference to Ordnance Survey maps also highlighted the presence of more than ten ponds within a 500 metre radius of the survey area, including fishing pools within the adjacent woodland to the east (Plate 9.20).

It is possible that a small area of the improved grassland in the west of the site may be impacted to extend the hardstanding turning circle and as a result any great crested newts using this habitat may be at risk of harm. As the area of grassland to be potentially impacted is very small and surrounding terrestrial habitat poor, the risk to great crested newts is considered to be low. In addition, the risk can be further decreased by keeping the sward in this area short. However, if the area of grassland is not maintained with a short sward then as a precaution, any strimming or stripping of vegetation should be carried out under ecological supervision. A recommendation in relation to this is therefore made in Chapter 7.

Notable Plants Although a small number of notable plant records were identified within the search area through the desk study, no protected or notable plants were recorded on site during the field survey. They are therefore not a notable consideration with respect to the proposed works.

Invasive species are considered further in Section 5.5 below.

Otter A single record of otter was identified within the search area through the desk study; from within Church Eaton Brook/Doley Brook which flows within the area of woodland adjacent to the eastern boundary of the survey area (Plates 9.21 and 9.22). No evidence of otter, or any suitable habitat, was recorded on site during the field survey and although the brook is close to the survey area, the proposed works are likely to be carried out within the fenced hardstanding areas of the site and thus will not currently come close to the brook. As such otters are not currently a notable consideration however if the footprint of the works alters to come closer to the brook then further assessment may be required and a precautionary recommendation is therefore made in Chapter 7.

Reptiles The desk study identified no reptile records within the 1 km search area and no evidence of any reptiles was recorded on site during the field survey. Much of the site was unsuitable for reptiles as it was dominated by the operational structures of the sewage treatment works surrounded by hardstanding and amenity grassland with a short sward; however, the rough improved grassland and hedgerow and woodland edges provided potentially suitable terrestrial habitat.

It is possible that a small area of the improved grassland in the west of the site may be impacted to extend the hardstanding turning circle and as a result any reptiles using this habitat may be at risk of harm. As the area of grassland to be potentially impacted is very small, and as reptiles are mobile creatures, the risk is considered to be low. In addition, the risk can be further decreased by keeping the sward in this area short. However, if the area of grassland is not maintained with a short sward then as a precaution any strimming or stripping of vegetation should be carried out under ecological supervision. A recommendation in relation to this is therefore made in Chapter 7.

Water Vole The desk study identified no records of water vole within the 1 km search area and no evidence of any water voles was recorded on site during the field survey. The only waterbodies present within the survey area were areas of treated water bounded by concrete walls which provided no route of access for aquatic fauna such as water voles. However, the stream which runs within the woodland just adjacent to the eastern boundary of the survey area has potential to support water voles. The proposed works are likely to be carried out within the fenced hardstanding areas of the site and thus will not currently come close to the brook. As such water

Middlemarch Environmental Ltd. Page 17 Wood Eaton Sewage Treatment Works, Staffordshire RT-MME-119066-52 Preliminary Ecological Appraisal voles are not currently a notable consideration however if the footprint of the works alters to come within 8 m of the brook then further assessment may be required and a precautionary recommendation is therefore made in Chapter 7.

Other Species Other protected species are not considered to be material considerations due to the lack of desk study records and absence of suitable habitats within the development site and its surroundings. These include dormouse and white-clawed crayfish.

Summary Species considered to be of relevance to the proposed development are summarised in Table 6.1.

Species of Principal Species / Species Group Summary of Potential Impacts Importance? Great Crested Newt  Potential direct harm Otter  Potential harm/disturbance of habitat Reptiles  Potential direct harm Terrestrial Mammals * Entrapment in excavations/pipework Water Vole  Potential harm/disturbance of habitat Key * Species dependent Table 6.1: Summary of Potential Impacts on Notable Species

6.5 INVASIVE PLANT SPECIES No invasive species records were identified within the search area through the desk study however Himalayan balsam was recorded towards the south-eastern boundary of the site and is therefore a notable consideration. A recommendation is relation to the Himalayan balsam is therefore made in Chapter 7.

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7. RECOMMENDATIONS

All recommendations provided in this section are based on Middlemarch Environmental Ltd.’s current understanding of the site proposals, correct at the time the report was compiled. Should the proposals alter, the conclusions and recommendations made in the report should be reviewed to ensure that they remain appropriate.

The ecological mitigation hierarchy should be applied when considering development which may have a significant effect on biodiversity. The ecological mitigation hierarchy, as set out in the National Planning Policy Framework (NPPF), and the National Planning Practice Guidance (NPPG) should follow these principles:  Avoidance – development should be designed to avoid significant harm to valuable wildlife habitats and species.  Mitigation – where significant harm cannot be wholly or partially avoided, it should be minimised by design or through the use of effective mitigation measures.  Compensation – where, despite whatever mitigation would be effective, there would still be significant residual harm, as a last resort, compensation should be used to provide an equivalent value of biodiversity.

7.1 NATURE CONSERVATION SITES To ensure compliance with relevant planning policy (Saved Policy E & D39 ‘Nature Conservation: Sites of Regional/Local Importance’ in the Stafford Borough Adopted Local Plan), the following recommendation is made regarding nature conservation sites:

R1 Reulemill Covert LWS: Due to the proximity of this site to the survey area, the Local Planning Authority ecologist and / or the local Wildlife Trust should be consulted prior to any works commencing to ensure that the proposed works will not adversely impact upon the site.

7.2 HABITATS The following recommendations are made regarding the habitats present on site:

R2 Habitat Loss and Restoration: Where habitats may be temporarily affected by the proposed works, it is recommended that appropriate measures are taken to restore these habitats post-construction in order to maintain the biodiversity value of the site.

7.3 PROTECTED / NOTABLE SPECIES To ensure compliance with wildlife legislation and relevant planning policy (Policy E & D41 ‘Protected Species’ in the Stafford Borough Adopted Local Plan), the following recommendations are made:

R3 Terrestrial Mammals: Any excavations that need to be left overnight should be covered or fitted with mammal ramps to ensure that any animals that enter can safely escape. Any open pipework with an outside diameter of greater than 120 mm must be covered at the end of each work day to prevent animals entering/becoming trapped.

R4 Herpetofauna: The improved grassland at the location of the potential extension of the turning circle should be maintained with a short sward. If this is not possible then any strimming or stripping of the grassland should be undertaken under the supervision of an experienced ecologist to prevent harm to common reptiles or amphibians. This will involve the clearance of vegetation in a directional manner to allow any herpetofauna to disperse. This should be completed when reptiles and amphibians are active. This is weather dependent but generally extends between March and October inclusive.

The following precautionary recommendations are also made:

R5 Otter and Water Vole: Should the works alter to come within 8 metres of the brook just outside the eastern boundary of the survey area, surveys for otter and water vole should be undertaken. Water

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vole surveys can be completed between March and October inclusive. Otter surveys can be undertaken at any time of year.

7.4 INVASIVE PLANT SPECIES The following recommendation is made regarding invasive plant species:

R6 Himalayan Balsam: The works must not cause the Himalayan balsam present on site to spread in the wild. If removal is required, this must be undertaken with care.

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8. DRAWINGS

Drawing C119066-52-01 – Phase 1 Habitat Map

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Legend

Site boundary

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| | C119066-52-01 00 Scale @ A4 Date 1:1,800 April 2017 Approved By Drawn By CR GP

Triumph House, Birmingham Road, Allesley, Coventry CV5 9AZ T:01676 525880 F:01676 521400 E:[email protected] 0 50 100 m This map is reproduced from the Ordnance Survey material with the permission of Ordnance Survey on behalf of The Controller of Her Majesty's Stationary Office. © Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution of civil proceedings. Licence Number: 100040519 383800 383900 384000 384100 Wood Eaton Sewage Treatment Works, Staffordshire RT-MME-119066-52 Preliminary Ecological Appraisal

9. PHOTOGRAPHS

Plate 9.1: Amenity grassland Plate 9.2: Building B1, eastern elevation

Plate 9.3: Building B2, eastern elevation Plate 9.4: Gap in south-west fascia soffit box of building B1

Plate 9.5: Gap in south-eastern elevation wall of Plate 9.6: Steel Infrastructure building B2

Plate 9.7: Treated water within concrete walls Plate 9.8: Ephemeral/short-perennial vegetation adjacent to building B1

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Plate 9.9: Western boundary hedge with Plate 9.10: Concrete hardstanding adjacent to adjacent tussocky improved grassland infrastructure

Plate 9.11: Shingle stone hardstanding Plate 9.12: Improved grassland in east of site

Plate 9.13: Improved grassland adjacent to Plate 9.14: Mature oak in improved grassland turning circle

Plate 9.15: Feature with bat roost potential Plate 9.16: Rot hole with bat roost potential

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Plate 9.17: Dense scrub along eastern boundary Plate 9.18: Scattered scrub

Plate 9.19: Rabbit burrow Plate 9.20: Fishing pool off-site to north-east

Plate 9.21: Stream off-site to east Plate 9.22: Off-site stream viewed from site

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REFERENCES AND BIBLIOGRAPHY

British Standards Institution (2013). British Standard 42020: 2013. Biodiversity – Code of practice for planning and development. British Standards Institution, London.

British Standards Institution. (2012). British Standard 5837:2012, Trees in relation to design, demolition and construction – recommendations. British Standards Institution, London.

Department for Communities and Local Government (2012). National Planning Policy Framework. Available: http://www.communities.gov.uk/planningandbuilding/planningsystem/planningpolicy/planningpolicyfra mework/

Institute of Environmental Assessment. (1995). Guidelines for Baseline Ecological Assessment, Institute of Environmental Assessment. E&FN Spon, An Imprint of Chapman and Hall. London.

Joint Nature Conservation Committee (2010). Handbook for Phase 1 Habitat Survey: A technique for environmental audit (reprint). Joint Nature Conservation Committee, Peterborough.

Joint Nature Conservation Committee (2012). UK Post-2010 Biodiversity Framework. Available: http://jncc.defra.gov.uk/pdf/UK_Post2010_Bio-Fwork.pdf

Staffordshire Biodiversity Partnership (undated). Staffordshire Biodiversity Action Plan. Available: http://www.sbap.org.uk/

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APPENDICES

APPENDIX 1: Summary of Statutory Nature Conservation Sites

APPENDIX 2: Overview of Relevant Species Specific Legislation

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APPENDIX 1 Summary of Statutory Nature Conservation Sites

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European Statutory Sites Within a 5 km Radius

Site Check Report. Report generated on Wed Apr 26 2017 You selected the location: Centroid Grid Ref: SJ839188 The following features have been found in your search area:

Special Areas of Conservation (England) Name: MOTTEY MEADOWS Reference: UK0030051 Hectares: 43.67 Hyperlink http://jncc.defra.gov.uk/protectedsites/sacselection/sac.asp?eucode=UK0030051

Ramsar Sites (England) No Features found

Special Protection Areas (England) No Features found

Biosphere Reserves (England) No Features found

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UK Statutory Sites Within a 2 km Radius

Site Check Report. Report generated on Wed Apr 26 2017 You selected the location: Centroid Grid Ref: SJ839188 The following features have been found in your search area:

Sites of Special Scientific Interest (England) Name: Allimore Green Common SSSI Reference: 1002212 Natural England Contact: PAUL CANDLIN Natural England Phone Number: 0845 600 3078 Hectares: 2.56 Citation 1003768 Hyperlink http://designatedsites.naturalengland.org.uk/SiteDetail.aspx?SiteCode=s1003768

SSSI Impact Risk Zones - to assess planning applications for likely impacts on SSSIs/SACs/SPAs & Ramsar sites (England) 1. DOES PLANNING PROPOSAL FALL INTO ONE OR MORE OF THE CATEGORIES BELOW? 2. IF YES, CHECK THE CORRESPONDING DESCRIPTION(S) BELOW. LPA SHOULD CONSULT NATURAL ENGLAND ON LIKELY RISKS FROM THE FOLLOWING: Infrastructure Pipelines, pylons and overhead cables. Any transport proposal including road, rail and by water (excluding routine maintenance). Airports, helipads and other aviation proposals. Minerals, Oil & Gas Planning applications for quarries, including: new proposals, Review of Minerals Permissions (ROMP), extensions, variations to conditions etc. Oil & gas exploration/extraction. Residential Any residential developments with a total net gain in residential units. Rural Residential Any residential developments outside of existing settlements/urban areas with a total net gain in residential units. Air Pollution Any industrial/agricultural development that could cause AIR POLLUTION (incl: industrial processes, pig & poultry units, slurry lagoons > 200m³ & manure stores > 250t). Combustion General combustion processes >20MW energy input. Incl: energy from waste incineration, other incineration, landfill gas generation plant, pyrolysis/gasification, anaerobic digestion, sewage treatment works, other incineration/ combustion. Waste Landfill. Incl: inert landfill, non-hazardous landfill, hazardous landfill. Composting Any composting proposal with more than 75000 tonnes maximum annual operational throughput. Incl: open windrow composting, in-vessel composting, anaerobic digestion, other waste management. Water Supply Large infrastructure such as warehousing / industry where total net additional gross internal floorspace following development is 1,000m² or more. GUIDANCE – How to use the Impact Risk Zones /Metadata_for_magic/SSSI IRZ User Guidance MAGIC.pdf

Ancient Woodland (England) No Features found

Local Nature Reserves (England) No Features found

National Nature Reserves (England) No Features found

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APPENDIX 2 Overview of Relevant Species Specific Legislation

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Great Crested Newts Great crested newts (GCN) and the places they use for shelter or protection receive European protection under The Conservation of Habitats and Species Regulations 2010 (Habitats Regulations 2010). They receive further legal protection under the Wildlife and Countryside Act (WCA) 1981, as amended. This protection means that GCN, and the places they use for shelter or protection, are capable of being a material consideration in the planning process.

Regulation 41 of the Habitats Regulations 2010, states that a person commits an offence if they:

 deliberately capture, injure or kill a GCN;  deliberately disturb GCN;  deliberately take or destroy eggs of a GCN; or  damage or destroy a GCN breeding site or resting place.

Disturbance of animals includes in particular any disturbance which is likely to impair their ability to survive, to breed or reproduce, or to rear or nurture their young, or in the case of animals of a hibernating or migratory species, to hibernate or migrate; or to affect significantly the local distribution or abundance of the species to which they belong.

It is an offence under the Habitats Regulations 2010 for any person to have in his possession or control, to transport, to sell or exchange or to offer for sale, any live or dead GCN, part of a GCN or anything derived from GCN, which has been unlawfully taken from the wild. This legislation applies to all life stages of GCN.

Whilst broadly similar to the above legislation, the WCA 1981 (as amended) differs in the following ways:

 Section 9(1) of the WCA makes it an offence to intentionally (rather than deliberately) kill, injure or take any protected species.  Section 9(4)(a) of the WCA makes it an offence to intentionally or recklessly* damage or destroy, or obstruct access to, any structure or place which a protected species uses for shelter or protection.  Section 9(4)(b) of the WCA makes it an offence to intentionally or recklessly* disturb any protected species while it is occupying a structure or place which it uses for shelter or protection.

*Reckless offences were added by the Countryside and Rights of Way (CRoW) Act 2000.

The Natural Environment and Rural Communities (NERC) Act 2006 places a duty on public bodies to have regard for the conservation of biodiversity and maintains lists of species and habitats which are of principal importance for the purposes of conserving biodiversity in England and Wales. These lists supersede Section 74 of the CRoW Act 2000.

The United Kingdom Biodiversity Action Plan (UK BAP) first published in 1994 and updated in 2007, is a government initiative designed to implement the requirements of the Convention of Biological Diversity to conserve and enhance species and habitats. The UK BAP contains a list of priority habitats and species of conservation concern in the UK, and outlines biodiversity initiatives designed to enhance their conservation status. The priority habitats and species in England and Wales correlate with those listed on Section 41 and Section of the NERC Act respectively.

GCN are listed as priority species on the UK Biodiversity Action Plan (BAP), the Staffordshire BAP and Section 41 and Section 42 of the Natural Environment and Rural Communities (NERC) Act 2006.

The reader should refer to the original legislation for the definitive interpretation.

Invasive Plant Species The Wildlife and Countryside Act 1981 provides the primary controls on the release of non-native species into the wild in Great Britain. It is an offence under section 14(2) of the Act to ‘plant or otherwise cause to grow in the wild’ any plant listed in Schedule 9, Part II. This includes Japanese knotweed, Himalayan balsam and giant hogweed.

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Otter The otter benefits from world-wide protection under Appendix I of the Convention on International Trade in Endangered Species of Wild Flora and Fauna. It also receives European protection under Appendix II of the Bern Convention and Annexes II and IV of the EU Habitats Directive 94/43/EEC, which is transposed into UK Law by means of The Conservation of Habitats and Species Regulations 2010 (Habitats Regulations 2010).

Regulation 41 of the Habitats Regulations 2010, states that a person commits an offence if they:

 deliberately capture, injure or kill an otter;  deliberately disturb otters; or  damage or destroy a breeding site or resting place.

It is an offence under the Habitats Regulations 2010 for any person to have in his possession or control, to transport, to sell or exchange or to offer for sale, any live or dead otter, part of an otter or anything derived from an otter which has been unlawfully taken from the wild.

Whilst broadly similar to the above legislation, the WCA 1981 (as amended) differs in the following ways:

*Reckless offences were added by the Countryside and Rights of Way (CRoW) Act 2000.

Otters are listed on the UK BAP and Section 41 (England) of the NERC Act 2006.

Reptiles All of the UK’s native reptiles are protected by law. The two rarest species – sand lizard (Lacerta agilis) and smooth snake (Coronella austriaca) benefit from the greatest protection although it is not considered that these species would be present.

Common lizard (Lacerta vivipara), slow-worm (Anguis fragilis), adder (Vipera berus) and grass snake (Natrix natrix) are protected under the Wildlife and Countryside Act 1981 as amended from intentional killing or injuring.

In England and Wales, this Act has been amended by the Countryside and Rights of Way Act 2000 (CRoW), which adds an extra offence, makes species offences arrestable, increases the time limits for some prosecutions and increases penalties. The Natural Environment and Rural Communities (NERC) Act 2006 places a duty on Government Departments to have regard for the conservation of biodiversity and maintains lists of species and habitats which are of principal importance for the purposes of conserving biodiversity in England and Wales. All native reptile species are included on these lists.

The reader is referred to the original legislation for the definitive interpretation.

This is a simplified description of the legislation. In particular, the offences mentioned here may be absolute, intentional, deliberate or reckless. Note that where it is predictable that reptiles are likely to be killed or injured by activities such as site clearance, this could legally constitute intentional killing or injuring.

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English Nature (2004) has stated that:

Reptiles are likely to be threatened, and the law potentially breached, by activities such as the following:  Archaeological and geotechnical investigations  Clearing land, installing site offices or digging foundations  Cutting vegetation to a low height  Laying pipelines or installing other services  Driving machinery over sensitive areas  Storing construction materials in sensitive areas  Removing rubble, wood piles and other debris.

In general English Nature would expect reasonable avoidance to include measures such as altering development layouts to avoid key areas, as well as capture and exclusion of reptiles.

Water Vole The Wildlife and Countryside Act 1981 (as amended) was updated on April 6th 2008 and the protection which water vole receives was increased to make it an offence to:

 Intentionally kill, injure or take water vole from the wild;  Possess or control live or dead water voles or derivatives;  Intentionally or recklessly damage, destroy or obstruct access to any structure or place which water voles use for shelter or protection;  Intentionally or recklessly disturb water voles whilst occupying a structure or place used for that purpose; or  Sell water voles or offer or offer or expose for sale or transport for sale.

In England and Wales, this Act has been amended by the Countryside and Rights of Way Act 2000 (CroW), which adds an extra offence, makes species offences arrestable, increases the time limits for some prosecutions and increases penalties. The Natural Environment and Rural Communities (NERC) Act 2006 places a duty on Government Departments to have regard for the conservation of biodiversity and maintains lists of species and habitats which are of principal importance for the purposes of conserving biodiversity in England and Wales. These lists include water vole.

The Act provides a defence against the above where the action is the incidental results of an otherwise lawful operation and could not have been avoided (s.10(3)9c)).

Licences are required to be applied for should the following activities which would otherwise be an offence, this includes:

 For scientific or educational purposes;  For the purposes of ringing or marking;  For conserving wild animals or introducing them into particular areas;  Preserving public health or public safety;  Preventing the spread of disease; and  Preventing serious damage to any form of property or to fisheries.

The reader is referred to the original legislation for definitive interpretation.

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