The Oaks, 8 Hall Drive, Higher Marston, Northwich, Cheshire. CW9 6DT. Land at Red Hill, Appleton, Warrington, Cheshire. On behalf of Mr Jones/Walker Design. Report number: WD-14/01 Author: R. Leigh Date: 22nd April 2014 Approved: J. Leigh This report has been prepared for Mr Jones and Walker Design in accordance with the terms and conditions of appointment for Extended Phase 1 Habitat Survey. Leigh Ecology Ltd accepts that the report may be used by a third party following the lease or sale of the land associated with the survey reported in this document. Page i Extended Phase 1 Habitat SurveyLeigh Ecolog y Ltd. Contents 1 Summary .................................................................................................................... 3 2 Introduction ................................................................................................................ 4 3 Methodology .............................................................................................................. 7 3.1 Desk Study .................................................................................................................... 7 3.2 Field Surveys ................................................................................................................ 7 4 Results ..................................................................................................................... 10 4.1 Desk Study .................................................................................................................. 10 4.2 Field Study .................................................................................................................. 12 5 Assessment of Impacts .......................................................................................... 24 6 Recommendations .................................................................................................. 26 7 References ............................................................................................................... 27 Appendix 1 Species List as supplied by Cheshire rECORD. 2 Extended Phase 1 Habitat Survey Red Hill, Appleton, Cheshire Leigh Ecology Ltd. 1 Summary This report presents the findings of an Extended Phase 1 habitat survey in relation to a proposed development on land located south of the property and gardens called Red Hill, at Appleton, Warrington on behalf of Mr Jones and Walker Design. The aims of the study were to assess the conservation value of the survey area, the likely presence of rare or protected species and to identify any features, habitats or species which would constitute potential constraints to the proposed development. No non-statutory sites will be directly affected by the proposed development. The proposed scheme comprises a development proposal within the land parcel (see fig 1). The site is split into two distinctive land parcels, an open area of amenity grassland with small patches of introduced shrubs and two buildings, the southern parcel is a block of broadleaf woodland, comprising Sycamore Acer pseudoplatanus, Ash Fraxinus excelsior Beech Fagus sylvatica, Silver Birch Betula pendula, Hawthorn Crataegus mongyna, Holly Ilex aquifolium, Bramble Rubus fruiticosus and Rhododendron Rhododendrum ferrugineum. An Extended Phase 1 habitat survey is an initial site walkover that determines the baseline habitat of the study area, outlining the potential ecological value and significance of habitats for protected and notable flora and fauna. The site survey was conducted on 26th March 2014 and followed JNCC (2012) guidelines. The surrounding landscape comprises largely of sheep stocked fields, woodland copses and built environment to the east. 3 Extended Phase 1 Habitat Survey Red Hill, Appleton, Cheshire Leigh Ecology Ltd. 2 Introduction Leigh Ecology Ltd was commissioned by Mr Jones and Walker Design to undertake an Extended Phase 1 habitat survey on the land at Red House, Appleton near Warrington. See figure 1 below for the site location and extent. The scope of this Extended Phase 1 Habitat survey is to identify the ecological features and recommend further surveys in accordance with the possible impact of the proposed works. The objectives of the study were; To provide baseline information on the current habitats and ecological features both on site and in the immediate surrounding area; To identify the presence or potential presence of any protected species or habitats; To identify any requirements for further ecological work. The proposed works comprise the provision of a new dwelling and associated infrastructure. Figure 1 – The site location and extent 4 Extended Phase 1 Habitat Survey Red Hill, Appleton, Cheshire Leigh Ecology Ltd. Legislative Framework Protected species are referred to in The Conservation of Habitats and Species Regulations 2010, with a general reference to certain plants, animals and wild birds all being protected under the Wildlife and Countryside Act 1981 (as amended). This emphasises that, regardless of any planning policy or guidelines, certain species are legally protected and any type of development that would injure, kill, ill-treat, intentionally damage or destroy any protected species or place of shelter would be a criminal act. The Act was further strengthened in 2000 by the introduction of the Countryside and Rights of Way (CRoW) Act 2000. Species of European importance receive additional protection under the Conservation of Habitats and Species Regulations 2010 and others receive protection through specific legislation (e.g. the Protection of Badgers Act, 1992). Any development which may have an impact upon the integrity of a statutory designated site for nature conservation purposes is also subject to the terms of the Wildlife and Countryside Act 1981 (as amended) and the Habitat Regulations, in particular Regulations 48 and 49 of the latter, where an Appropriate Assessment may be required in order for a Competent Authority to determine this impact, both from the proposed scheme and in combination with any other schemes. Councils also have a statutory obligation under the National Planning Policy Framework NPPF (2012) to make material consideration to biodiversity conservation in the determination of all types of planning applications. Planners therefore require relevant information from wildlife surveys and details on proposed mitigation for priority species and habitats (as well as for legally protected species) in order to assess the effects on biodiversity of a proposed development. In 2007, the UK list of conservation priority species and habitats was fully revised taking into account emerging priorities, conservation successes and information gathered in the past decade. The list now contains 1149 species and 65 habitats that have been listed as priorities for conservation action under the UK Biodiversity Action Plan (UKBAP). The framework for conserving biodiversity is laid out in a ‘Conserving Biodiversity - The UK Approach’ (Defra 2007), which aims to halt the loss of biodiversity by 2010. 5 Extended Phase 1 Habitat Survey Red Hill, Appleton, Cheshire Leigh Ecology Ltd. As part of the action plan process, Local Biodiversity Action Plans (LBAPs) were also produced for every county in the UK, although other public bodies may also produce them. These LBAPs highlight local biodiversity issues, with specific action plans being implemented for priority habitats and species where they occur. The relevant scheme for the proposed development is the Cheshire LBAP. With legal responsibilities and planning implications it is therefore important that any ecological assessment of a proposed development site addresses the possibility of protected species being present within or around the site, along with any potential impacts of the proposed scheme on statutory designated sites. Without such an assessment, a developer is unable to demonstrate due diligence in its responsibilities, with reference to both the legal protection and the possible information required in support of the planning application. It would, however, be unreasonable for an ecological assessment to survey for every protected species. Any such assessment should therefore be based upon the results of a habitat survey and the associated possibility or likelihood of protected species being present. This study therefore seeks to establish the potential for protected species on the site and makes recommendations for further surveys to establish the presence or likely absence of any protected species, or the potential effects of the proposed scheme on statutory sites designated for nature conservation purposes. 6 Extended Phase 1 Habitat Survey Red Hill, Appleton, Cheshire Leigh Ecology Ltd. 3 Methodology 3.1 Desk Study The desk study identified statutorily designated sites of nature conservation interest through a review of the Multi Agency Geographic Information for the Countryside (MAGIC) and Natural England (NE) websites. Biological data was requested from the Cheshire rECORD. The following minimum data search parameters were used (rECORD data searches centred on the approximate centre point of the application site): All statutory designated sites within a 5km radius; Non-statutorily designated sites within a 2km radius; Records for all pertinent protected species within a 2km radius. A search for biological data was also made through the National Biodiversity (NBN) Gateway; data was obtained for species within the relevant 10km grid square. Reference was also made to Ordnance Survey maps of the