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Lidl Gorseinon ECOLOGICAL APPRAISAL

Lidl Gorseinon ECOLOGICAL APPRAISAL

Lidl Gorseinon ECOLOGICAL APPRAISAL

784-B024633

Lidl 21/01/2021

Prepared on Behalf of Tetra Tech Environment Planning Transport Limited. Registered in England number: 03050297

Tetratecheurope.com Tetra Tech Cardiff, 5th Floor, Longcross Court, 47 Newport Road, Cardiff, CF24 0AD +44 (0)29 2082 9200, [email protected], tetratecheurope.com

Tetra Tech Environment Planning Transport Limited. Registered in England number: 03050297 Registered Office: 3 Sovereign Square, Sovereign Street, Leeds, United Kingdom, LS1 4ER

Document control Document: Ecological Appraisal

Project: Lidl Gorseinon

Client: Lidl

Job Number: 784-B024633

File Origin: \\lds-dc-vm-002\Group Ecology\Projects\Projects 784-B000000\B024633 Lidl Gorseinon\REPORTS

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Date:

Prepared by: Checked by: Approved By: Tim Rich MCIEEM Sarah Dillon ACIEEM Chris Meddins MCIEEM

Description of revision:

Revision: Status:

Date:

Prepared by: Checked by: Approved By:

Description of revision:

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CONTENTS

EXECUTIVE SUMMARY ...... 1 Glossary ...... 2 1.0 INTRODUCTION ...... 3 1.1 Background ...... 3 1.2 Site Location ...... 3 1.3 Development Proposals ...... 3 1.4 Purpose of the Report ...... 3 2.0 METHODOLOGY ...... 4 2.1 Desk Study ...... 4 2.1.1 Previous Reports ...... 4 2.1.2 Local Ecological Records Centre ...... 4 2.1.3 Online Resources ...... 4 2.2 Field Surveys ...... 4 2.2.1 Habitats ...... 5 2.2.2 Protected & Notable ...... 5 2.3 Limitations ...... 7 3.0 BASELINE CONDITIONS ...... 8 3.1 Designated Sites ...... 8 3.2 Habitats ...... 9 3.2.1 Buildings ...... 9 3.2.2 Hardstanding ...... 9 3.2.3 Amenity Grassland ...... 9 3.2.4 Scattered Scrub ...... 10 3.2.5 Scattered Trees ...... 10 3.2.6 Ephemeral/short perennial ...... 10 3.2.7 Introduced ...... 10 3.3 Protected & Notable Species ...... 10 3.3.1 Great Crested Newt and other amphibians ...... 10 3.3.2 Reptiles ...... 10 3.3.3 Bats ...... 11 3.3.4 Birds ...... 11 3.3.5 Badger ...... 11

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3.3.6 Hazel Dormouse ...... 11 3.3.7 Otter & Water Vole ...... 12 3.3.8 Invertebrates ...... 12 3.3.9 Hedgehog ...... 12 3.3.10 Other mammals ...... 12 3.3.11 Vascular and lower ...... 12 3.3.12 Schedule 9 plants ...... 13 3.4 Importance of Ecological Features ...... 13 4.0 RELEVANT PLANNING POLICY & LEGISLATION...... 15 4.1 National Planning Policy Framework ...... 15 4.2 Environment (Wales) Act ...... 16 4.3 Local Biodiversity Action Plan ...... 17 4.4 Local Plan ...... 17 4.5 Legislation ...... 19 5.0 DISCUSSION ...... 20 5.1 Designated Sites ...... 20 5.1.1 Natura 2000 Sites ...... 20 5.1.2 Sites of Special Scientific Interest...... 20 5.1.3 Local Wildlife Sites ...... 20 5.2 Habitats ...... 20 5.3 Protected & Notable Species ...... 21 5.3.1 Breeding Birds ...... 21 5.3.2 Hedgehogs ...... 21 5.3.3 Invasive Species ...... 22 6.0 CONCLUSION ...... 23 7.0 REFERENCES ...... 24

FIGURES APPENDIX A – REPORT CONDITIONS APPENDIX B – KEY LEGISLATION APPENDIX C – RELEVANT DESK STUDY DATA APPENDIX D – TARGET NOTES APPENDIX E – HABITAT SUITABILITY INDEX CALCULATIONS FOR GCN

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EXECUTIVE SUMMARY

Contents Summary

Site Location The site is located at Poundstretcher, Gorseinon Road, Penllergaer, Gorseinon SA4 9GE in Swansea CBC and is centred at Ordnance Survey National Grid Reference SS6072798478. The site comprises an existing Poundstretcher supermarket with parking and landscaping.

Proposals It is proposed to redevelop the site by demolishing the existing Poundstretcher supermarket and replacing it with a new Lidl supermarket, and replacing the existing landscaping with a more diverse mix.

Existing Site A Japanese knotweed survey had been carried out (Elcot 2020) Information

Scope of this The scope of the survey was to conduct an update Ecological Appraisal, Survey(s) including a desk-based study and an extended Phase 1 habitat survey of the site, to determine any changes from previous surveys and applications to help inform the potential ecological constraints to development.

Results Designated sites • Three Natura 2000 sites within 5km search radius; • Two Nationally designated sites within 2km; and • 15 locally designated sites. Habitats & species Habitats on site are dominated by a commercial building and hardstanding with small areas of landscape planting, amenity grassland, scatted scrub and ephemeral vegetation. Limited potential for protected species due to urban setting and lack of connectivity. Japanese knotweed and wall , Schedule 9 invasive plants, are present on site.

Recommendations To reduce potential for impacts the following measure are recommended: • Standard pollution prevention measures during construction; • Implementation of landscape strategy to provide increase diversity and structure of habitats; • Any vegetation clearance should be conducted outside of the breeding bird season (March to August inclusive) or checked by an ECoW prior to removal; • Provision of range of bird boxes onsite; • Precautionary working methods for hedgehogs; The two schedule 9 plants (Japanese knotweed and wall cotoneaster) require control strategy.

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GLOSSARY Badger Act Protection of Badgers Act 1992 BCT Bat Conservation Trust BTO British Trust for Ornithology CBC County Borough Council CIEEM Chartered Institute of Ecology & Environmental Management CRoW Act Countryside and Rights of Way Act 2000 EcIA Ecological Impact Assessment ECoW Ecological Clerk of Works Env (Wales) Act Environment (Wales) Act EPS European Protected Species GCN Great Crested Newt Habitat Regulations Conservation of Habitats and Species Regulations 2017 HAP Habitat Action Plan Hedgerow Regulations Hedgerow Regulations 1997 HPI Habitat(s) of Principal Importance HRA Habitats Regulations Assessment JNCC Join Nature Conservation Committee LERC Local Ecological Record Centre LBAP Local Biodiversity Action Plan LDP Local Development Plan LNR Local Nature Reserve LPA Local Planning Authority LWS Local Wildlife Site MCIEEM Member of Chartered Institute of Ecology & Environmental Management Natura 2000 site A European site designated for its nature conservation value NRW Natural Resources Wales NERC Act Natural Environment and Rural Communities Act 2006 NNR National Nature Reserve PEA Preliminary Ecological Appraisal PPW Planning Policy Wales RSPB Royal Society for the Protection of Birds SAC Special Area of Conservation SAP Species Action Plan SEWBREC South East Wales Biodiversity Records Centre SPA Special Protection Area SPI Species of Principal Importance SSSI Site(s) of Special Scientific Interest TAN Technical Advice Note W&CA Wildlife & Countryside Act 1981 (as amended)

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1.0 INTRODUCTION

1.1 BACKGROUND Tetra Tech was commissioned by Lidl in November 2020 to undertake an Ecological Appraisal of the site known as Poundstretcher, Gorseinon. The site is located adjacent to the existing Lidl store. This report has been prepared by WYG Principal Ecologist Tim Rich BSc, PhD, MCIEEM and the conditions pertinent to it are provided in Appendix A. 1.2 SITE LOCATION The site is located at Poundstretcher, Gorseinon Road, Penllergaer, Gorseinon SA4 9GE in Swansea and is centred at Ordnance Survey National Grid Reference SS6072798478. The survey area, hereafter referred to as the ‘site’, is shown on Figure 1 and comprises an existing Poundstretcher supermarket with parking and landscaping. To the north of the site is the A4240 Gorseinon Road, with buildings of the surrounding industrial estate to the south, west and east. There is currently a small Lidl store immediately adjacent to the west. The site is c.1.0 ha in area. 1.3 DEVELOPMENT PROPOSALS Lidl are seeking to relocate from their existing store (1,384 sqm gross; 934 sqm net) at Gorseinon Road, Penllergaer to the site current currently occupied by Poundstretcher (and before that B&Q). The unit is understood to be 2,454 sqm gross, and planning permission 2016/3169/S73 enables up to 20% of the gross floorspace to be used for the sale of goods from any one category of a range of goods, including up to 490.8sqm of food and drink. The proposed new Lidl store will have a Gross Floorspace of 2,195 sq m and a net sales area of 1,414 sqm. 1.4 PURPOSE OF THE REPORT The purpose of this report is to complete: • A desk study to obtain existing information on statutory and non-statutory sites of nature conservation interest and relevant records of protected/notable species within the site and its zone of influence; • An extended Phase 1 Habitat Survey, involving a walkover of the site to record habitat types and dominant vegetation, including any invasive species, and a reconnaissance survey for evidence of protected fauna or habitats capable of supporting such species; • An assessment of the potential ecological receptors present on site, identify any constraints they pose to future development and (if possible) any recommendations for any further surveys, avoidance, mitigation or enhancement measures that are needed (as appropriate). Note that scientific names are provided at the first mention of each species and common names (where appropriate) are then used throughout the rest of the report for ease of reading.

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2.0 METHODOLOGY

2.1 DESK STUDY

2.1.1 Previous Reports A Japanese knotweed Reynoutria japonica survey by Elcot (2020) reported Japanese knotweed in the southwest corner of the site and in adjacent land ownership to the south, some of which had indications of being previously treated.

There are no other previous ecological reports for the site. 2.1.2 Local Ecological Records Centre Information was requested from the SEWBReC for information on any nature conservation designations and protected or notable species records within 2 km of the site. The search returned 1062 records, of which two mosses and wall cotoneaster were recorded from the site itself; records for rare and protected species within the last 10 years have been analysed. The data search covers: • Statutory designated sites for nature conservation, namely SACs, SPAs, Ramsar sites, SSSIs, NNRs and LNRs; • Non-statutory designated sites for nature conservation, namely LWS; • Legally protected species, such as great crested newt (GCN) Triturus cristatus, bat and badger Meles meles; • Notable habitats and species, such as those listed as Habitats or Species of Principal Importance; and, • Priority habitats or species within the Swansea LBAP.

The data search did not cover: • Tree Preservation Orders (TPOs); or • Conservation Areas designated for their special architectural and historic interest.

Citation details of SINC within 1km were requested from Deborah Hill, Swansea CCBC on 5th January 2021. 2.1.3 Online Resources A search for relevant information was also made on the following websites: • MAGIC www.magic.gov.uk - DEFRA’s interactive, web-based database for statutory designations. • NBN Atlas https://nbnatlas.org/ - for records of protected and notable species. Note that the use of some NBN Atlas data is limited (e.g. commercial use of data provided under a CC BY-NC licence is not possible) therefore we may not be able to report full details of those records in such cases. 2.2 FIELD SURVEYS The following methodologies have been used to identify the ecological receptors present on or near the site, which are relevant to the proposed development.

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2.2.1 Habitats An extended Phase 1 habitat survey was undertaken on the site on 9th December 2020 by WYG Principal Ecologist Dr Tim Rich BSc, PhD, MCIEEM. The weather conditions were cold and cloudy but dry. The vegetation and broad habitat types within the site were noted during the survey in accordance with the categories specified for a Phase 1 Habitat Survey (Joint Nature Conservation Committee, 2016). species frequencies were recorded using the DAFOR scale (D= dominant, A = abundant, F = frequent, O = occasional, R= rare) as estimated by eye. Plant nomenclature follows Stace (2019), with Latin names given at first mention in the text. The site was also appraised for its suitability to support notable flora, with regard to the CIEEM Guidelines for Preliminary Ecological Appraisal (2nd ed, 2017). 2.2.2 Protected & Notable Species The site was inspected for evidence of, and its potential to support, protected or notable species, especially those listed under the Schedule 2 of the Habitat Regulations, Schedule 5 of the W&CA, the CRoW Act, those given extra protection under the Env (Wales) Act, and species included in the Swansea LBAP.

Great Crested Newt The site was appraised for its suitability to support GCN. The assessment was based on Guidance outlined in the Herpetofauna Workers’ Manual (Gent & Gibson, 2003) and the Great Crested Newt Conservation Handbook (Langton, Becket & Foster, 2001).

Bats

Roosting Bats – Buildings / Structures / Trees Any suitable buildings, structures or trees on site were assessed from the ground for their suitability to support breeding, resting and hibernating bats using survey methods based on the BCT Bat Surveys for Professional Ecologists: Good Practice Guidelines (Collins, 2016) – hereafter referred to as the ‘BCT Guidelines’. The categories used to classify the bat roost suitability of any features found, are explained in Table 1 below.

Table 1 Categories of Bat Roost Suitability (BCT Guidelines) Suitability Typical Roosting Features Negligible Negligible habitat feature on site likely to be used by roosting bats. Low A structure with one or more potential roost sites that could be used by individual bats opportunistically. However, these potential roost sites do not provide enough space, shelter, protection, appropriate conditions and/or suitable surrounding habitat to be used on a regular basis or by larger numbers of bats (i.e. unlikely to be suitable for maternity or hibernation). A tree of sufficient size and age to contain potential roost features but with none seen from the ground or features seen with only very limited roosting potential. Moderate A structure or tree with one or more potential roost sites that could be used by bats due to their size, shelter, protection, conditions and surrounding habitat but unlikely to support a roost of high conservation status (with respect to roost type only – the assessments in this table are made irrespective of species conservation status, which is established after presence is confirmed). High A structure or tree with one or more potential roost sites that are obviously suitable for use by larger numbers of bats on a more regular basis & potentially for longer

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Suitability Typical Roosting Features periods of time due to their size, shelter, protection, conditions and surrounding habitat.

Foraging/commuting Bats The BCT Guidelines use the criteria in Table 2 below to categorise the potential value of habitats and features for use by foraging and commuting bats and these have been used to characterise the value of this site.

Table 2 Categories of Habitat Suitability (BCT Guidelines) Suitability Typical Foraging & Commuting Features Negligible Negligible habitat features on site likely to be used by commuting or foraging bats. Low Habitat that could be used by small numbers of commuting bats such as a gappy hedgerow or unvegetated stream, but isolated, i.e. not very well connected to the surrounding landscape by other habitat. Suitable, but isolated habitat that could be used by small numbers of foraging bats such as a lone tree (not in a parkland situation) or a patch of scrub. Moderate Continuous habitat connected to the wider landscape that could be used by bats for commuting such as lines of trees and scrub or linked back gardens. Habitat that is connected to the wider landscape that could be used by bats for foraging such as trees, scrub, grassland or water. High Continuous high-quality habitat that is well connected to the wider landscape that is likely to be used regularly by commuting bats such as river valleys, streams, hedgerows, lines of trees and woodland edge. High-quality habitat that is well connected to the wider landscape that is likely to be used regularly by foraging bats such as broadleaved woodland, tree-lined watercourses and grazed parkland. Site is close to and connected to known roosts.

Reptiles The site was appraised for its suitability to support reptiles. The assessment was based on guidance outlined in the Herpetofauna Workers’ Manual (Gent & Gibson, 2003).

Badger The site was surveyed for evidence of badger setts or other badger activity such as paths, latrines or signs of foraging. Methodologies used and any setts recorded were classified according to published criteria (Harris, Cresswell & Jefferies, 1989).

Hazel Dormouse The site was surveyed for its suitability to support hazel dormice. The assessment was based on guidance outlined in Bright, Morris and Mitchell-Jones (2006).

Other Species The site was also appraised for its suitability to support other protected or notable fauna including mammals, amphibians, birds and invertebrates with regard to the Guidelines for Preliminary Ecological Appraisal (CIEEM, 2017) and BS42020:2013 Biodiversity – Code of Practice for Planning and

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Development (BSI, 2013). Evidence of any current or historical presence of such species was recorded.

Invasive Species The site was searched for evidence of invasive plant species, such as Japanese knotweed Reynoutria japonica (formerly Fallopia japonica), Indian (Himalayan) balsam Impatiens glandulifera, giant hogweed Heracleum mantegazzianum, wall cotoneaster Cotoneaster horizontalis and rhododendron Rhododendron ponticum. A full list of all invasive plant species is provided in Appendix B. 2.3 LIMITATIONS The optimal period to undertake an extended Phase 1 habitat survey is April-September. The survey was completed in December which is outside the optimal survey window. However the survey was completed by WYG Principal Ecologist Tim Rich who is the company botanical specialist and the site comprised urban, man-made habitats and there was no difficulty in identifying the habitats present or their dominant species and the timing of survey is not considered to be a significant limitation. Most plants were recognisable, though a few plants had died down or were not identifiable; for example there was one fruiting spike of a spotted/marsh orchid Dactylorhiza sp. (probably D. praetermissa) which could not be identified to species with certainty, and some of the planted were only identified to genus.

To determine presence or likely absence of protected species usually requires multiple visits at suitable times of the year. As a result, this survey focuses on assessing the potential of the site to support species of note, which are considered to be of principal importance for the conservation of biodiversity with reference to those given protection under UK or European wildlife legislation. This report cannot therefore be considered a comprehensive assessment of the ecological interest of the site. However, it does provide an assessment of the ecological interest present on the day the site was visited and highlights areas where further survey work may be recommended.

There was no access to the streams/ditches on private farmland north of the A4020 (Figure 4, Waterbodies 11-15); the land slopes to the west and such ditches with seasonally flowing water would not likely provide habitat for great crested newts so this is not considered a significant limitation.

The details of this report will remain valid for a period of two years from the date of the survey, after which the validity of this assessment should be reviewed to determine whether further updates are necessary. Note that the recommendations within this report should be reviewed (and reassessed if necessary) should there be any changes to the red line boundary or development proposals which this report was based on.

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3.0 BASELINE CONDITIONS

3.1 DESIGNATED SITES The following designated sites of ecological importance have been identified within 2 km of the site (see Figure 2).

Table 3 Designated Sites Within 2km Distance & Designation Site Name Summary of features Direction SSSI Penllergear 1.8 km ENE A geological SSSI designated for best Railway Cutting exposure of the late Westphalian D (Carboniferous) Grovesend Beds in South Wales SSSI Penplas 2 km E Designated as one of the largest and most Grasslands diverse examples of agriculturally unimproved land within the lowland part of West Glamorgan with eight different grassland types present. SINC Mynydd Garn 0.17 km SE No details available at time of writing report goch Common (details requested 05/01/2021) SINC Upper Mynydd 0.54 km NW No details available at time of writing report Garn goch (details requested 05/01/2021) Common SINC Llys Nini 0.80 km N No details available at time of writing report (details requested 05/01/2021) SINC Waungron to 0.98 km W No details available at time of writing report Gowerton Railway (details requested 05/01/2021) line SINC Lower Lliw 1.03 km SW No details available Corridor & Llan Confluence SINC M4 corridor 1.07 km N No details available SINC Stafford Common 1.24 km SW No details available SINC Valley Wood 1.35 km E No details available SINC Lougher to 1.43 km NE No details available Penllergaer railwayline SINC Penyfodau Fawr 1.46 km S No details available To Llewitha SINC Brynlliw 1.55 km NW No details available Grasslands

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Distance & Designation Site Name Summary of features Direction SINC Alcoa Wet 1.70 km SW No details available Meadows SINC Penllergaer 1.80 km NE No details available Forest SINC Penllegaer to 1.91 km NE No details available Llangefelch Tunnel railway line SINC Portmead 2.00 km SW No details available Common

In addition to the above designations the three Natura 2000 sites are located within 5km of the site. These include Carmarthen Bay and Estuaries SAC and Burry Inlet SPA and Ramsar site located approximately 3.2 km to the west. The primary reason for selection of the SAC is a number of Annex I habitats associated with the estuary and coastal habitats and the Annex II species Twaite shad Alosa fallax. The SPA is designated for its overwintering birds assemblage. 3.2 HABITATS The limited range of habitats is typical of a commercial building with its car park, amenity grassland and landscape planting in an urban setting. The following habitats are present, with detailed Target Notes included in Appendix D as appropriate. 3.2.1 Buildings The main commercial building dominated the site and was of a relatively modern construction and in good condition with sheet metal sides and roofing and a lower brick façade along the north and west sides (Figure 3, Target Note 4). At the east end, within the former garden centre section, was a large greenhouse in good condition. At the SW corner was a small storage tank and a small adjacent hut with control gear, also in good condition (Target Note 7). 3.2.2 Hardstanding The bulk of the site comprised hardstanding made of tarmac (Figure 3, Target Note 2) forming car parking for the building with a few areas of fine rubble and paving slabs within the former garden centre portion. 3.2.3 Amenity Grassland On the west and north side of the site and adjacent to the building on the south side there were areas of amenity grasslands associated with the landscape areas. The grassland was dominated by red fescue Festuca rubra and rye grass Lolium perenne which have been regularly mown in the past but not recently and were mostly long and rank (Figure 3; Target Note 3). Additional species included a range of herbaceous plants such as black knapweed Centaurea nigra, bird’s-foot trefoil Lotus corniculatus and one plant of zigzag clover Trifolium medium, indicating the amenity grassland has benefited from the lower maintenance management. As the site has been in use for many years, some of these plants may have colonised from the grassland habitats present prior to construction of the remainder of the industrial estate.

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3.2.4 Scattered Scrub A small number of scattered bramble bushes were recorded within the site adjacent to the fences (Figure 3; Target Note 5). In addition a number of goat willow Salix caprea trees and other shrubs rooted in adjacent properties overhang the boundary fences (not mapped). 3.2.5 Scattered Trees A number of planted amenity trees of birch Betula sp., rowan Sorbus aucuparia, cherry Prunus avium and ash Fraxinus excelsior (Figure 3, Target Note 8) were recorded to the north of the site forming part of the landscape planting. 3.2.6 Ephemeral/short perennial Ephemeral/short perennial vegetation was present around the southern and eastern margins of the site adjacent to the fence on rubble, mostly as a strip 0.5 m wide (Figure 3, Target Note 5). The vegetation was sparse, heterogenous and composed of weedy species. The very sparse occurrence of plants suggest these edges may have been subject to routine maintenance with herbicide on a regular basis, though there was no evidence of that during the site visit. One bee orchid Ophrys apifera rosette was found on short vegetation on an area of fine rubble. 3.2.7 Introduced shrub Along the north side of the site were two large areas of introduced scrub forming part of the landscape planting including dogwood Cornus sp., shrub ragwort Brachyglottis sp., cherry laurel Prunus laurocerasus and other shrubs (Figure 3, Target Note 8). 3.3 PROTECTED & NOTABLE SPECIES

3.3.1 Great Crested Newt and other amphibians The SEWBReC data search returned no records of GCN. However records were returned for three other amphibians including common frog Rana temporaria (14 records, the nearest 0.5 km away to south-east), common toad Bufo bufo (seven records, the nearest 0.8 km away to east) and palmate newt Lissotriton helveticus (three records the nearest 1.3 km away to north). During the WYG survey no ponds were recorded within the site fifteen waterbodies were recorded within 500m of the site as shown on the 1:25,000 Ordnance Survey map (see Figure 4). Two ponds were present within 350 m of the site to the south-west in good quality semi-natural habitat; WB1 Penllergaer Pond, which was managed as a fishing lake and was of poor suitability for GCN (Appendix E, Table E1, HSI score 0.439;), and WB2 the small adjacent pond which was of average suitability for GCN (Appendix E, Table E2, HSI score 0.631). None of the ditches or small streams (WB 3-10) had significant potential as they were shallow ditches with flowing water. No access was possible to WB11- 15. The site provides limited isolated suitable terrestrial habitat for great crested newt, and other amphibians, within the natural habitats onsite. Based on the lack of suitable habitat and connectivity they are considered absent from the site and not discussed further within the report. 3.3.2 Reptiles The SEWBReC data search returned records for all four common reptile species within 2 km; adder Vipera berus (one record within the site’s 1km square but not precisely located), grass snake Natrix helvetica (10 records, the nearest 0.4 km away to south-east), common lizard Zootoca vivipara (16 records, the nearest 0.8 km away to east), and slow-worm Anguis fragilis (17 records, the nearest 1.7 km away to north). During the WYG survey no reptiles were noted however the site contained small isolated areas of rank grassland and scrub which offers limited potential foraging and refuge habitat for reptiles. Based on

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the lack of suitable habitat and connectivity they are considered absent from the site and not discussed further within the report. 3.3.3 Bats The SEWBReC data search provided records of eight bat species within 2 km including common pipistrelle Pipistrellus pipistrellus (six records), soprano pipistrelle Pipistrellus pygmaeus (seven records), Daubenton's bat Myotis daubentonii (two records), Natterer's bat Myotis nattereri (one record), lesser horseshoe bat Rhinolophus hipposideros (one record), noctule bat Nyctalus noctula (two records), serotine Eptesicus serotinus (one record) and whiskered bat Myotis mystacinus (one record). The closest record was for a common pipistrelle recorded c.0.2 km west of the site.

Roosting Bats – Buildings / Structures / Trees The buildings on site were in good condition. The main building had tight brickwork from the ground up to around two metres in height, and then merged into corrugated metal material. Gaps were present in areas, but lead to nowhere and the metal material would hold no purchase for the bats to roost. The roof was flat and had no void. No suitable potential roosting features for bats were recorded during the survey. In addition, the buildings are used daily and are well-lit throughout the year. Therefore, it is considered the buildings offer negligible suitability for roosting bats. The amenity trees on site are immature with no potential roosting features and offer negligible suitability for roosting bats.

Foraging/commuting Bats The small areas of natural habitat provide some foraging opportunities if and when invertebrates are present and the fence line provide commuting routes. However, the site is located within an urban area with limited connectivity to the wider area, in addition the area is subject to relatively high levels of artificial lighting. Based on the small amount and low value of habitats present and level of urban street lighting the site is assessed as having negligible suitability for foraging and commuting bats.

3.3.4 Birds The SEWBReC data search returned records for 48 notable and protected bird species within 2 km. These include a range of urban species such as house sparrow Passer domesticus and song thrush Turdus philomelos, wintering species such as fieldfare Turdus pilaris, species of more specialised habitat such as barn owl Tyto alba and snipe Gallinago gallinago from area such as the nearby Mynydd Garn goch Common as well as visiting birds of prey such as peregrine falcon Falco peregrinus and red kite Milvus milvus. The site provides limited opportunities for breeding birds with minimal nesting opportunities in the introduced shrubs between the A4020 footpath and the car park with high public pressure. The building has no obvious features which could be used for nesting. The grasslands and from the amenity trees and shrub could provide limited feeding opportunities for common urban birds.

3.3.5 Badger The SEWBReC data search returned nine records for badger within 2 km, the nearest c.0.6 km from the site. During the WYG survey no obvious signs of badger such as setts or latrines were recorded within the site. In addition the site offers limited suitable habitat for foraging badgers and the site is subject to significant public pressure. Based on the lack of suitable habitat and connectivity they are considered absent from the site and not discussed further within the report.

3.3.6 Hazel Dormouse The SEWBReC data search returned three records for hazel dormice Muscardinus avellanarius, the nearest c. 2 km away to the east. tetratecheurope.com 11

During the WYG survey no signs of hazel dormice were recorded and the habitats were either not suitable or were too small and isolated to be used by the species. Based on the lack of suitable habitat and connectivity they are considered absent from the site and not discussed further within the report.

3.3.7 Otter & Water Vole The SEWBReC data search returned five records for otter Lutra lutra (the nearest 1.1 km away to the west) and one for water vole Arvicola amphibius c. 2 km away to south-east.

No significant water courses are present within the site and it is considered unlikely otter or water vole are present and therefore they are not considered further in this report.

3.3.8 Invertebrates The SEWBReC data search provided records of 39 notable and protected invertebrates within 2 km. These were mostly butterflies and moths, with only one of which was protected, the marsh fritillary Euphydryas aurinia recorded over 0.7 km away to the north-west and for which there is no suitable habitat on site.

The site provides very limited habitat for invertebrates and it is considered no significant invertebrate species of assemblages are present and therefore they are not considered further in this report.

3.3.9 Hedgehog The SEWBReC data search returned 66 records for hedgehog Erinaceus europaeus within 2 km, including two records near the site on the opposite side of A4020 Gorseinon Road.

The grassland embankments on site could provide limited foraging habitat for hedgehog however the site is adjacent to the busy A4020 which is hazardous and the site is not well connected to suitable hedgehog habitats.

3.3.10 Other mammals The SEWBReC data search returned five records for polecat Mustela putorius (the nearest 1.1 km away to the north), a species which is mainly associated with woodland or scrub habitats. Based on the lack of suitable habitat on site it is are not considered likely to be present and are not considered further within this report.

During the survey one mammal track was noted in grassland the SW corner with a strong smell of fox Vulpes vulpes. There were also pest control boxes on the site, suggesting the possible occasional occurrence of rats Rattus norvegicus.

3.3.11 Vascular and lower plants The SEWBReC data search returned eight records for cornflower Centaurea cyanus, an arable species now often sown in wildflower mixes; the nearest record was c. 0.5 km from site. There was also one record for string-of-sausage lichen Usnea articulata from woodland 2 km away. Based on the habitats present these species are unlikely to be present on site.

The site has no suitable habitat for protected flora and none were seen during the survey. The only plant of note seen was one bee orchid however bee orchids are scattered quite frequently along the South Wales coast and adjacent areas, and can be quite frequent in urban areas and industrial estates.

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3.3.12 Schedule 9 plants The SEWBReC data search returned records for nine invasive plants within 2 km, including three cotoneaster species (small-leaved cotoneaster C. microphyllus, Himalayan cotoneaster C. simonsii and wall cotoneaster C. horizontalis) and Japanese knotweed.

Two Schedule 9 plants were present in small quantity on site, Japanese knotweed and wall cotoneaster (Figure 5; Target notes 1, 6, 9). The Japanese knotweed is already subject to a control plan (Elcot 2020). 3.4 IMPORTANCE OF ECOLOGICAL FEATURES In line with the CIEEM PEA Guidelines, and based on the above baseline information, the importance of each ecological feature recorded within the study area is given in Table 4 below. The categories used are those which are defined in Section 4 of the CIEEM EcIA Guidelines (2018 v1.1):

Table 4 Importance of Ecological Features Feature Importance Rationale Penllergear Railway National SSSIs designated at the national (UK) level Cutting SSSI and Penplas Grassland SSSI SINCs County Designated sites at the county (Swansea) level Buildings Negligible All in good condition, no biodiversity potential Hardstanding Negligible Hardstanding with no biodiversity potential Amenity grassland Negligible Limited extent and relatively isolated in an urban setting. Scattered scrub Negligible Small bramble bushes only Scattered trees Negligible A few planted amenity trees, could provide limited foraging and breeding habitat for birds and invertebrates. Ephemeral/short Negligible Small linear strips of heterogeneous open weedy perennial vegetation Introduced shrub Negligible Landscape planting present mostly of non-native species, could provide limited foraging and breeding habitat for birds and invertebrates. GCN and amphibians Negligible No suitable breeding habitat, isolated, and very limited foraging habitat Reptiles Negligible Limited suitable foraging or basking habitat. Isolated from suitable habitat offsite. Bats Negligible No suitable roosting habitat, and negligible foraging/commuting habitat. Birds Negligible Small amount of suitable nesting and foraging habitat. Badger Negligible No active setts recorded and limited foraging habitat

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Feature Importance Rationale Hazel dormouse Negligible No habitat present Otter and water vole Negligible No habitat present Invertebrates Negligible Limited foraging/breeding habitat present Hedgehog Negligible Minor potential foraging habitat but relatively isolated and small scale Vascular and lower plants Negligible No natural habitat present, only limited species present (though including one bee orchid) Either: International (incl. European) / National / Regional / County / Local / Negligible Or: Unknown (i.e. further surveys/information needed)

The potential for the proposals to have adverse or beneficial impacts on these features, along with the need for any mitigation or enhancement measures are discussed in detail below.

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4.0 RELEVANT PLANNING POLICY & LEGISLATION

4.1 NATIONAL PLANNING POLICY FRAMEWORK The national planning policy guidance is found principally in Planning Policy Wales Edition 10 (PPW) dated December 2018 (Welsh Government, 2018). The document is supported by a series of Technical Advice Notes (TANs) with the most relevant for ecology being TAN 5: Nature Conservation and Planning (Welsh Government, 2009), which provides advice on how the land use planning system should contribute to protecting and enhancing biodiversity and geological conservation. A summary of the main points relevant to the ecological assessment of the development is provided below.

Paragraph 6.4.2 states that local planning authorities, along with other public bodies, as part of the Environment (Wales) Act 2016 have a duty to take reasonable steps, consistent with the proper exercise of their functions, to further the conservation and enhancement of biodiversity and help maximise contributions to achieve well-being goals.

Paragraph 6.4.3 states that the planning system has a key role to play in helping to reverse the decline in biodiversity and increasing the resilience of ecosystems, at various scales, by ensuring appropriate mechanisms are in place to both protect against loss and to secure enhancement. Addressing the consequences of climate change should be a central part of any measures to conserve biodiversity and the resilience of ecosystems. Development plan strategies, policies and development proposals must consider the need to:

• support the conservation of biodiversity, in particular the conservation of wildlife and habitats; • ensure action in Wales contributes to meeting international responsibilities and obligations for biodiversity and habitats • ensure statutorily and non-statutorily designated sites are properly protected and managed; • safeguard protected and priority species and existing biodiversity assets from impacts which directly affect their nature conservation interests and compromise the resilience of ecological networks and the components which underpin them, such as water and soil, including peat; and • secure enhancement of and improvements to ecosystem resilience by improving diversity, condition, extent and connectivity of ecological networks

Paragraph 6.4.4 states that biodiversity and resilience considerations should be taken into account at an early stage in development planning. All reasonable steps must be taken to maintain and enhance biodiversity and promote the resilience of ecosystems which should be balanced with the wider economic and social needs of business and local communities.

Paragraph 6.4.5 states that planning authorities must seek to maintain and enhance biodiversity in the exercise of their functions, and that development should not cause any significant loss of habitats or populations of species, locally or nationally and must provide a net benefit for biodiversity. The diversity of, connections between, the scale, the condition and the adaptability of ecosystems must be taken into account.

Paragraphs 6.4.11, 6.4.14 and 6.4.22 state that planning authorities must have regard to the relative significance of international, national and local designations in considering the weight to be attached to nature conservation interests, and that the international and national responsibilities and obligations for conservation should be fully met. Statutorily designated sites must be protected from damage and deterioration, with their important features conserved and enhanced by appropriate management. Statutorily protected species protected under European or UK legislation, or under Section 7 of the

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Environment (Wales) Act 2016 are material considerations if a development would result in disturbance or harm to the species or its habitat, and the range and population of the species should be sustained.

Paragraph 6.4.21 states ‘Planning authorities must follow a step-wise approach to maintain and enhance biodiversity and build resilient ecological networks by ensuring that any adverse environmental effects are firstly avoided, then minimized, mitigated, and as a last resort compensated for; enhancement must be secured wherever possible’.

Paragraphs 6.4.24-26 also gives emphasis to the importance of trees, hedgerows and woodlands (especially ancient woodland) and states ‘Ancient woodland and semi-natural woodlands and individual ancient, veteran and heritage trees are irreplaceable natural resources, and have significant landscape, biodiversity and cultural value. Such trees and woodlands should be afforded protection from development which would result in their loss or deterioration unless there are significant and clearly defined public benefits; this protection should prevent potentially damaging operations and their unnecessary loss. In the case of a site recorded on the Ancient Woodland Inventory, authorities should consider the advice of NRW.’

Related to these Biodiversity and Ecological Network policies, Paragraph 6.2 gives weight to the protection and enhancement of multi-functional green infrastructure, which is important for sustainable management of natural resources. Green infrastructure should be incorporated into development through appropriate site selection and use of creative design.

Circular Letter CL-05-04 reaffirmed the Welsh Government’s commitment to ensuring that designated sites and species of nature conservation importance are protected from damage and deterioration, with their important features conserved by appropriate management. The letter advised that under specific circumstances a pre-commencement condition should be attached to planning consents requiring the applicant to provide the LPA with a copy or their European Protected Species (EPS) Licence (once issued by NRW). The Circular Letter was withdrawn in March 2018 in an attempt to reduce the number of pre-commencement conditions, with LPA’s advised to instead use a replacement informative (to be attached to all relevant consent notices) to avoid unnecessary duplication controls of other legislation. 4.2 ENVIRONMENT (WALES) ACT As part of the Welsh Government’s commitment to reversing the decline in biodiversity in Wales and increasing the resilience of its ecosystems, the Env (Wales) Act 2016 aims to build greater resilience into our ecosystems. Biodiversity and well-functioning ecosystems provide natural solutions that build resilience, which in turn help society create jobs, support livelihoods and human well-being, adapt to the adverse impacts of climate change and contribute to sustainable development.

Part 1 of the Environment Act sets out Wales' approach to planning and managing natural resources at a national and local level with a general purpose linked to statutory 'principles of sustainable management of natural resources' defined within the Act.

Section 6 under Part 1 of the Act places an enhanced duty on public authorities to ‘seek to maintain and enhance biodiversity’ so far as it is consistent with the proper exercise of those functions. In so doing, public authorities must also seek to ‘promote the resilience of ecosystems’. This duty replaces the section 40 duty in the Natural Environment and Rural Communities Act 2006 (NERC Act 2006), in relation to Wales, and applies to those authorities that fell within the previous duty.

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Section 7 replaces the duty in section 42 of the NERC Act 2006. The Welsh Ministers will publish, review and revise lists of living organisms and types of habitat in Wales, which they consider are of key significance to sustain and improve biodiversity in relation to Wales. The Welsh Ministers must also take all reasonable steps to maintain and enhance the living organisms and types of habitat included in any list published under this section, and encourage others to take such steps. Certain public authorities will also be required to consider the section 7 list, in complying with the new biodiversity duty under section 6 of the Act. The list is important in assisting public bodies to identify potential issues that they may wish to address in meeting their well-being objectives, in addition to contributing to the well-being goal ‘a resilient Wales’ (Goal 2). The current Section 7 lists are interim lists which are exactly the same as the previous list under Section 42 of the NERC Act, and is under review in consultation with NRW.

Part 1 of the Act, including Sections 6 and 7, came into force on 21st May 2016. 4.3 LOCAL BIODIVERSITY ACTION PLAN Local Biodiversity Action Plans (LBAPs) identify habitat and species conservation priorities at a local level (typically County by County) and are usually drawn up by a consortium of local Government organisations and conservation charities. Although they are no-longer managed at a national level many are still reviewed and updated at a local level.

The Swansea Biodiversity Partnership (2005) LBAP is the relevant document for this site and it contains the following potentially relevant Species Action Plans (Table 5):

Table 5 LBAP SAPs Species Action Plans Common pipistrelle bat Song thrush

There are no relevant Habitat Action Plans. It should be noted that the existence of a SAP or HAP does not always infer an elevated level importance for those features. These plans may be designed to encourage an increase in these habitats/species, rather than to protect a county-scarce feature (for example). 4.4 LOCAL PLAN The site lies within the jurisdiction of Swansea Council. The Swansea Local Development Plan (LDP) (2010-2025) (Swansea Council, 2020), constitutes the development plan for the area. Specific environmental policies included within the LDP that are of relevance to the ecology of the site are detailed below:

ER 8: HABITATS AND SPECIES Development proposals that would have a significant adverse effect on the continued viability of habitats and species, including those identified as priorities in the UK or Swansea Local Biodiversity Action Plan, will only be permitted where:

• The need for development outweighs the nature conservation importance of the site; • The developer demonstrates that there is no satisfactory alternative location for the development which avoids nature conservation impacts; and • Effective mitigation measures are provided by the developer.

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Any unavoidable harm is minimised by effective mitigation to ensure that there is no reduction in the overall nature conservation value of the area. Where this is not feasible, compensation measures designed to conserve, enhance, manage and, where appropriate, restore natural habitats and species must be provided.

Paragraph 2.9.60 states development proposals should aim to minimise detrimental impacts on habitats and species. There should be no net loss in overall biodiversity as a result of development and where possible there should be biodiversity gains.

Paragraph 2.9.61 states protected habitats and species are those protected under European or UK legislation, as identified in TAN 5 and including the Habitats Directive, Birds Directive, Wildlife and Countryside Act, Environment Act, Section 42 of the Natural Environment and Rural Communities (NERC) Act 2006 [the latter is now replaced by Section 7 of the Environment (Wales) Act]. They include priority habitats and species that are protected in UK and Local Biodiversity Action Plans.

Paragraph 2.9.62 states factors to be taken into consideration in assessing the significant adverse effect development proposals are likely to have on habitats and species are:

• The current distribution and status of the protected habitat or species within the County; • All likely effects, including cumulative effects and impacts during construction; • The role of the habitats as connectivity pathways; and • Whether effective mitigation and/or compensatory measures have been provided.

Paragraph 2.9.63 states where habitats and species are likely to be disturbed or harmed, development proposals will be assessed in accordance with National Planning Policy and Guidance. Developers will be expected to provide: an ecological survey; an assessment of the likely impact of the proposal on the protected species/habitats; and, where necessary, make appropriate provision for their safeguarding, mitigation and/or compensatory measures. In addition, opportunities to enhance biodiversity, such as through habitat creation, will be encouraged.

ER 9: ECOLOGICAL NETWORKS AND FEATURES OF IMPORTANCE FOR BIODIVERSITY Development proposals will be expected to maintain, protect and enhance ecological networks and features of importance for biodiversity. Particular importance will be given to maintaining and enhancing the connectivity of ecological networks which enable the dispersal and functioning of protected and priority species.

Development proposals that could result in a significant adverse effect on the connectivity of ecological networks and features of importance for biodiversity will only be permitted where:

• The need for the development outweighs the nature conservation value of the site; • It can be demonstrated that there is no satisfactory alternative location for the development; • A connected element of the natural resource is retained as part of the design of the development; and • Compensatory provision will be made of comparable ecological value to that lost as a result of the development.

Paragraph 2.9.64 states there are a significant number of ecological habitats and features within the County, in addition to those that are legally protected, that lie outside the designated areas and make

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a significant contribution to the overall biodiversity resource. These include linear wildlife corridors such as rivers, hedgerows and cycle tracks and also ‘stepping stones’ such as ponds and copses.

Paragraph 2.9.65 states the wildlife corridors and stepping stones are a vital part of the ecological network. Whilst it is important to protect and enhance biodiversity sites and species of importance dispersed throughout the County this cannot be achieved without protecting and enhancing the intervening habitats and spaces that provide crucial links between the designated sites.

Paragraph 2.9.66 states the protection, management and enhancement of ecological networks is recognised as being particularly important for nature conservation. Wildlife corridors allow species to move between fragmented habitats, to recolonise areas and to move in response to climate change and development that may have destroyed part of their habitat. For example, the water vole, which is a priority species will not travel through unvegetated ground. If its habitat becomes isolated through development and then the colony within this isolated habitat become endangered, for example through disease, it is likely that it will not survive.

Paragraph 2.9.67 states the plan has been informed by an assessment of ecological connectivity across the whole of the County. This assessment maps the existing ecological connectivity network and also identifies locations where ecological connectivity has the potential to be enhanced. The latest version of the Swansea Ecological Connectivity Assessment will inform the implementation of this Policy. Paragraph 2.9.68 states providing ecological connectivity is an important ecosystem service of the green infrastructure network and its protection and/or enhancement accords with Policy ER 2 Strategic Green Infrastructure Network.

4.5 LEGISLATION Full details of the UK legislation and offences which are relevant to the ecological receptors identified are included in Appendix B. However, based on the findings of our assessment, it is considered that the proposals will need to consider the following legal provisions:

• Disturbance of nesting wild birds • Cause of permit the spread of an invasive species into the wild

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5.0 DISCUSSION

5.1 DESIGNATED SITES

5.1.1 Natura 2000 Sites There are three Natura 2000 site within the 5km search radius all covering similar areas, Carmarthen Bay and Estuaries SAC and Burry Inlet SPA and Ramsar site located approximately 3.2 km to the west. The primary reason for selection of the SAC is a number of Annex I habitats associated with the estuary and coastal habitats and the Annex II species Twaite shad Alosa fallax. The SPA is designated for its overwintering birds assemblage.

The site is separated from the designated sites by extensive urban areas and therefore impacts to the SPA bird species are considered unlikely. In addition there is no direct hydrological link to the site and the development is unlikely to significantly impact surface or foul water. Based on these factors and the small scale of the development it is considered unlikely the qualifying habitat will be impacted by the proposal and therefore, no direct or indirect impacts to the SAC are considered likely. However it is recommended general best practice construction methods are implemented to reduce the potential for impacts further.

5.1.2 Sites of Special Scientific Interest There are two SSSIs within the 2km search radius, of these Penllergear Railway Cutting SSSI is designated for geological reasons and is therefore not covered within this report. Penplas Grassland SSSI is located c. 1.8 km from the site and is designated for its grassland habitats. Based on the small scale of the development it is considered unlikely the qualifying habitat will be impacted by the proposal and therefore no direct or indirect impacts to the SSSI are considered likely.

5.1.3 Local Wildlife Sites There are 15 SINCs within the 2km search radius with the closest being Mynydd Garn goch Common SINC located c. 0.17 km southeast of the site. No citation details were available at the time of writing the report however the site is separated by the wider Ganrgoch Industrial Estate including a number of other commercial buildings. Based on the small scale of the development it is considered unlikely the SINC will be impacted however this will be reassessed once the citation and qualifying interests are available. 5.2 HABITATS The habitats on site are all urban, man-made and man-maintained habitats with limited biodiversity value. When unmown, the grasslands have the highest biodiversity interest with some flowering herbaceous plants present and there was one plant of bee orchid in ephemeral vegetation on hardstanding. The total area of natural habitat on the site total c.0.21 ha and overall these are of negligible importance for biodiversity.

In line with PPW and Environment (Wales) Act and relevant policies of the Swansea Local Development Plan (Swansea Council, 2020), the site should be enhanced for biodiversity and the proposals should provide a net gain in biodiversity. The landscaping proposals (see drawing number 2020 G-03 Rev A) indicate most of the existing grassland and landscape planting will be removed and replaced with mixed ornamental planting with a range of trees along the north, east and south sides, a mixed native woodland along the west side on the bank, and mown grassland beside the pavement on

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the north side of the planting. The proposals utilise a mixture of native and ornamental planting that includes an increased species assemblage and range of habitats providing a biodiversity enhancement on the existing habitats and will provide a wider range of potential food sources for birds and invertebrates. 5.3 PROTECTED & NOTABLE SPECIES Being isolated in an urban setting in an industrial estate, the site has no natural habitats and with limited opportunities for protected species, except potential for common species of nesting birds and hedgehog.

5.3.1 Breeding Birds All bird’s eggs and active nests are protected from damage and destruction under the W&CA.

In order to avoid impacts it is recommended that vegetation clearance is conducted outside of the breeding bird season (March to September inclusive) where possible. Where habitats cannot be cleared/demolished outside of the breeding season a suitably qualified ECoW will inspect suitable habitats within 48hours of clearance works. If a nesting bird is identified, the ECoW will advise on suitable working methods and exclusion zones to restrict works on site. Measure recommended will depend on the nature of the works in that area and, the species of bird identified to be nesting. Note that suitable working methods may result in delay(s) to undertaking site works within specific areas of site until the ECoW has advised that all the chicks have fledged.

The newly created habitats should be managed sympathetically for wildlife with the aim to provide foraging and nesting habitats for a range of bird species. To provide additional mitigation for loss of habitat for breeding birds a range of bird boxes are recommended to be provided. Bird boxes are an established technique for increasing the value of new landscapes to hole-nesting bird species and may contribute to LBAP targets. The size of the entrance hole influences the species of bird that will occupy it and so a variety of sizes should be used to encourage a range of species. It is recommended the following bird boxes are recommended (or suitable alternatives):

• 2 x 26mm hole Schwegler 1B Nest Box; • 2 x 32mm hole Schwegler 1B Nest Box; • 1 x Schwegler 1 SP Sparrow Terrace; • 1 x Schwegler No.16 Swift Box.

Nest boxes can be installed on buildings, trees or suitable fences.

5.3.2 Hedgehogs Hedgehogs are a priority species in the UK BAP and are generally declining so conservation of this species should therefore be considered in the making of planning decisions.

Due to the potential presence of hedgehogs, which have been recorded in the wider area, it is recommended appropriate precautionary working measures are included as part of the construction phase. This should include back-filling or coverage of excavations when not in use and checking the site/ stored materials at the beginning of each day, in addition any temporarily exposed open pipe system should be capped in a way as to prevent hedgehogs gaining access when contractors are off site. If hedgehogs are identified on site, it is recommended that they are moved to a safe area (i.e. this will need to be off site as there will not be any retained habitats on site).

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5.3.3 Invasive Species Two Schedule 9 plants were recorded on site (Japanese knotweed and wall cotoneaster).

It is recommended the existing Japanese knotweed control strategy (Elcot, 2020) is continued, if this is not possible then a specialist invasive weed contractor should be contracted to produce a new strategy and include standard biosecurity practices such as wheel washing and inspection of machinery on site to prevent spread to other sites by vehicles and machinery during development.

The two small plants of wall cotoneaster should be best removed by hand by digging up the roots and disposing of by burning or disposal in a licenced landfill.

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6.0 CONCLUSION

Subject to the inclusion of all recommendations within this report the development will comply with all wildlife legislation and meet local and national planning policy requirements.

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7.0 REFERENCES

• Bright PW, Morris PA and Mitchell-Jones A. (2006). Dormouse Conservation Handbook, 2nd Edition. English Nature, Peterborough. • CIEEM (2017). Guidelines for Preliminary Ecological Appraisal, 2nd Edition, Winchester. • Collins, J. (ed.) (2016). Bat Surveys for Professional Ecologists: Good Practice Guidelines (3rd ed). The Bat Conservation Trust, London. • Communities and Local Government (2012). National Planning Policy Framework. • Dines, T. (2008). A Red Data List for Wales. Plantlife International, Salisbury. • Elcot (2020). Site Report and Management Plan for Control & Eradication of Japanese Knotweed Poundstretcher, Gorseinon Road, Penllergaer, Swansea, SA4 9GE. Report 2/11/2020 • English Nature (2011). Badgers and Development. English Nature, Peterborough, UK. • Eaton, M. et al. (2015) Birds of conservation concern 4: the population status of birds in the UK, channel islands and isle of man. British birds, 108:708-746. • Gent, T. & Gibson, S. (2003). Herpetofauna Workers’ Manual. JNCC, Peterborough. • Harris, S., Cresswell, P. & Jeffries, D. (1989). Surveying badgers. An occasional publication of the mammal society – No. 9. Mammal Society, London. • Joint Nature Conservation Committee (2016). Handbook for Phase 1 Habitat Survey: A Technique for Environmental Audit. JNCC, Peterborough. • Langton, T.E.S, Beckett, C.L and Foster, J.P. (2001). Great Crested Newt Conservation Handbook. Froglife, Halesworth. • 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 (4), 143- 155. • Stace, C. A. (2019). New Flora of the British Isles, 4th edition. C & M Publishing, Middlewood Green, Suffolk. • Swansea Biodiversity Partnership (2005). Swansea Local Biodiversity Plan, [online] Available at https://www.swansea.gov.uk/article/10113/Swansea-Local-Biodiversity-Action- Plan, Accessed December 2020. • Swansea Council (2020). Swansea Local Development Plan 2010-2050. https://www.swansea.gov.uk/ldp Accessed December 2020.

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FIGURES

Figure 1 – Site Location Plan Figure 2 – Designated Sites Figure 3 – Phase 1 Habitat Plan Figure 4 – Waterbodies within 500 m of site Figure 5 – Schedule 9 invasive plants

tetratecheurope.com Rev Date Notes A 21/01/21 Initial map production

Legend

Site boundary

0 50 100 200 Metres F

Site Location Plan

Lidl Gorseinon Lidl

Scale at A3: Project No: Drawing No: Revision: 1:5,000 B024633 Figure 1 A Drawn by: Drawn date: Approved by: Maddie Errington 21/01/2021 Timothy Rich

Contains Ordnance Survey Data © Crown copyright and database right 2019. © Northern Ireland Environment Agency. Open Government Data reproduced contains public sector information licensed under the Open Government Licence v3.0 Other Credits: OpenStreetMap: © OpenStreetMap (and) contributors, CC-BY-SA C:\Users\maddie.errington\Tetra Tech, Inc\WYG.Ecology GIS - Projects\B024633_LidlGorseinon\GIS\B024633_LidlGorseinon.aprx Inc\WYG.Ecology Tech, C:\Users\maddie.errington\Tetra Rev Date Notes A 21/01/21 Initial map production

Legend

Site boundary

Site boundary 2km buffer

Site boundary 5km buffer

Special Protection Areas (SPA) Nant Y Crimp SSSI Special Areas of Conservation (SAC) M4 corridor SINC

Nant Y Crimp SSSI Ramsar

Penllergaer Forest SINC Sites of Special Scientific Interest (SSSI) Brynlliw Grasslands SINC Local Nature Reserves (LNR)

Lougher to Penllergaer railwayline SINC Wildlife Site / SINC (Adopted) Penllergaer Railway Cutting SSSI Llys Nini SINC

Upper Mynydd Garn goch Common SINC Penllegaer to Llangefelch Tunnel railway line SINC Waungron to Gowerton Railway line SINC

Carmarthen Bay and Estuaries / Bae Caerfyrddin ac Aberoedd SAC Morfa Berwig LNR

Valley Wood SINC

Mynydd Garn goch Common SINC Burry Inlet And Loughor Estuary SSSI Penplas Grasslands SSSI

Portmead Common SINC Lower Lliw Corridor & Llan Confluence SINC Burry Inlet SPA Stafford Common SINC Burry Inlet Ramsar

Penyfodau Fawr To Llewitha SINC Cadle Heath LNR

Alcoa Wet Meadows SINC

0 500 1,000 2,000 Metres F Six Pit, Swansea Vale And White Rock SSSI

Six Pit, Swansea Vale And White Rock SSSI Cwmllwyd Wood LNR Nature Conservation Designated Sites (within 5km) Lidl Gorseinon Lidl

Scale at A3: Project No: Drawing No: Revision: 1:40,000 B024633 Figure 2 A Fairwood, Pengwern And Welshmoor Commons SSSI Drawn by: Drawn date: Approved by: Gower Commons / Tiroedd Comin Gwyr SAC Maddie Errington 21/01/2021 Timothy Rich

Contains Ordnance Survey Data © Crown copyright and database right 2019. © Northern Ireland Environment Agency. Open Government Data reproduced contains public sector information licensed under the Open Government Licence v3.0 Other Credits: OpenStreetMap: © OpenStreetMap (and) contributors, CC-BY-SA

Killay Marsh LNR GIS - Projects\B024633_LidlGorseinon\GIS\B024633_LidlGorseinon.aprx Inc\WYG.Ecology Tech, C:\Users\maddie.errington\Tetra Rev Date Notes A 21/01/21 Initial map production

Legend

Site boundary

A Amenity grassland A A E E E E EE E E E E E EEphemeral / short perennial E E E EE E

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E E E E E E E E E A E E E E E E E E E E EE E E E EE E E E E E E EE EE E E E E E E E E E E E E E EE E EE E E E E EE E E E E E E E E E EE E E E E E E E E E E E E E E E EE E E E EE E E E E E EE E E E E E E EE E E EE EE E E E EE E E EE E E E E E E E E E E E E E E E EE E DE E E E E E E E E E E E E E E E D Scattered scrub 8 (! E E E E E E E E E E E E E E E E E EE E E E E E E E E E E E EE E EE E E E E E E EE E EE EE E E E E E E E E E E EE E E E E E E E E E E EE E E EE E E E E E E E E E E E E E E E E E E E E D E E E E E E E EE (! E E E E E E E E E E E EE E E E E E E EE E E E E E E E E E E E E EE E E E E E EE E E E E E E E E E EE E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E EE E E E E E E EE E E E E E E E E E E E EE E EDE E E E EE E EE E E E EE EE D Scattered ephemeral / short perennial E EE EE E E E E E E EE E E E E E E E E E E E E E E E E E E E E EE E E E E E E E E E E E E EE E E E E E E EE E E E E E E E E E E E E EE E E E E E E E E (! E E E E E E E E E E E E E E E E E E E E E E E EE E E E E EE E E E E E E E E E E E E E E EE E E EE E E EE E EE E E E EE E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E EE E E E E E E E E E E E E E (! E E E EE E E EE E E E E E E E E E EE E E E EE E E E E E E E E E E E E EE E E E E E E E EE E Scattered tree E E E E E E E E E E E E E E E E E E E E E E E E E E E EE E E E E E E E E E EE E E E E E E EE E E E E E EE E E E E E EE E E E E E E E E E E E E E E E E E E E E E E E EE E E E E E E E E E E E E E E E AE E E E E E E E EE EE E E E E E E E E E E E EE E E E EE E E E E E E E E E DE EE E E E EE E E EE E E E E E E E E E E E E EE E E EE E E E E E E EE E E E E Target note EE E EE E E E E E E EE E E E E E E E E E E E E E E E E E EE E E E E E EE E EDE E E EE E E E E E E EE EE E E E E E E E E E E E E E E E E E E E E E E E E E E E EE E E E E E E EE E E E E E E E E EE E E E E EE EE E E E E E E EE E E E E E E E E E E EE E E E E E E E E E E E E EE E E E E E E E E E E E E E E E E E E E E E E E E E EE E E E E E E E EE EE E E E E E E E E E E E E E E EE E E E E E E E E E E E E E E E E E E E E E E E E E E EE E E E E E D EE E E E E E E E E E E E E E E E E E E E E E E E E E EE E E EE EE E EE E E E E E E EE E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E EE E E E E E EE E E E E E E E E EE EE E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E DE D E E E E E EE E E EE E E E E EE E E E E E E E E E E E E E E E E EE E E E E E E E E EE E E E E EDE EE E EE EE EE E E E E E E E E E E E E E E E EE E E E E E E E E E E E E E E EE EE E E E E E EE E E E E EE EE E E E E E E E E E E E E EE E E EE E E E E E E E E E E E E E EE E E E E EE E E E E E E EE E E E E E E E DE E EE E EDE E E E E E E E E EE E E E E EE E E E E E E E E E E E EE E E EE E EE E EEE E E EE D EE EE E E E E EE E E E E E EE E E E E E E EE E E E E E E E E E E E E E E E E E E E E E EE E4 E EE E E E E E E EE EE E E E E E E EE E E E E E E E EEE EEEE E E E EE E E E E E E E E E EE E E EE E E E E E E E E E E E E E E E E E E E E E E E E E E EE E E EE E E E E E E E E E E E E E EE EE E E E E E E E E E D E E E DEE E E EEE E E E E E EE E E EE EE E E E E EE E E E E E E E E E E E E E E E EE E E E E E E E E EE E E E E E E E E E EE E E EE E E E E E E E E E E E E EEE E E E EE E E E EE E E E E E E E E E E E E E E E E E E E E E E EE E EE E E E E E E E E E E E E E E E E EE E E E E E E E E E E E E E E E E E E EE E EE E E E EE EE EEE E E E E E E E E E E E E E E E E E E E E E E EE E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E EE E E E E E E E E E E E E EE EE E E E E EE EEE E E E EE E E E E E E E E E E E E E E EE E E E E E E E E E E E E EE E E E E E E E EE E E E E EE E E E E E E E E EE E EE EE E E E EE E E E E E E EE E EE EE E E E E E EE E E E E E E E E E E E EE E E E E E E E E E E E E E E E E E E E E E EE E E E EE E E EE E E E E E EE EE E E E E E E E E E EE E E E EE EE E EE EEEEE E E E E E EE E E E EE E E E EE E E E E E E E E D E E E EE E E E E E EE E E EE E EE E EE E E E E E EE E E E E E E E E EE E E E EE E E E E EE E E EE E EE E E E E E EE E E E EE E E E E E E E E E E E E E EDE E E E E E E E EE E E E EE EE E E E E E EE EE E E E E E EE E EE E E E E E E E E E E E E E E E E EE EE E EE E E EE E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E EE E EE EE E E E E E EE EE EE E EE E E E E E E E E E E EE E E E E E E EEE E E EE E EE E E EE E E E E E E E E E E E E E E E EE E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E EE E E EE EE E E E E E E E E EE EE EEEE E E E EE EE E E E E E E E E E E E E E E E EE E EE E E E E E E E E E E E E E E E E E E E E E E EE E E E E E E E E E E E E E E E E E E E E E E E EE E EEEEE E E E E E E EE E E EE E E E E E E EE E E E E E E E EE E E E E EE E E E EE E E E E E E E EE E E E E E E E E EE E E EE E E E E E EE EE EE E E E E EE EEDEEEE E EE E E E E E E E E E E E E E E E E E EE E E E E E E E E E E E E E E EE E E E E E E E E E E E EE E EE E E E E E E E E E E E EE EE E E E E E D E E E E EE E E E EE E E E E E E E E E E E E E E E E E E E E E E E E EE E E E EE E EE E E E E E E E E E E EE E EE E E E E E E E E E E EE D EE E E E E E E E E E E E E E EE E E EE E E E E E E E E E E E E E E E E E E E E E E E E EE E E E EE EE E EEE E E E E E E E E E E E E E E EE E E E E E E EE E EE E E EE E E E EE E E E E EE E E E E E E E E E E E ED E E E E E E E E E E E E E EE E EE E E E E E E E E E E E E E E E E EE EA E E E E E EE E E E E E E E E E E E E E E E E E E E EE E E E E E E E E E E E E E E ED E E E E E EE E E EE E E E E E E E E EE E E E E E E E E E E E E E E E E EE EE E E E E E E E EE E E E E E EE E E E E E E EE E E E E E E E E E E E E E EE E E E EE E D E E E E E E E EE E EE E E E EE E E E E E E E E E E EE E E E E E E EE E E E E E E E DEE E E E EE E E EE E E E E E E EE E E E E E E E E E E E E E E E E E E E E E EE EE E E E EAE E E E EE E E E EE E E E E E EE E E EE EDE E EE E E E E ED E E E E E E EE E E E E E E E E E E EE EE E E E E E E E E EE E E E E E E E E E E E E E EE E E E E E E EE E E E E E E E E E E EE E E E E E E E E E E E E E E E E EE E E E E E E E E E E E E E3 9 E E E E E E E E E E E E EE E E E E E E E EE E E EE E E E E E E E E E E E E E E E E E E E E E E DE E E E E E E E E E E EE E E EE E E E E E E EE E E E EE E E E E E EE E EE E E E E E E E D EE E E E E E E E D E E E E E E E EAE E E E E E E E E E E E E E E E E E EE EE E EE EE E E E E E E E E E E E E E EE E E E E E E E E EE E E E EE E E E E E E E E E E E E E E E E E E E EE E E E E E E E E EE E E E E E E EEE EE EEE E E E E E EE E E E E E E E E E EE E E E E EE E E E E 0 5 10 20 Metres E E E E E E E E E E E E E E E E E E E E E E E E E EDE E E E E EE E E E E E2EE E E E E E EE EE E E E E E EE E E E E E E EE E E E E E E E E E EE E E E E E E E F E E E E E E E E EE E E E E E EE E E E EE E E E E E E E E E E E E E E EE E E E EE E EE E E E E E E E EE E E EE E E EE EE E E E EE E E E E E E E E E E EE E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E EE E E E E E E EE E E E E E E EE E E E E EE E E E E E E E E E E EE E E E E E E E E E E E E E E E EE E E E E E E E E E E E EE E E EE E E E E E EE E E EE E EE E E E E E EE E E E E E 5E E EE EE E E E E E E E E E E E E E EE E E E EE E E E E E E EE E E E E E E E E E E E E E EE E E E E E E E E E E E E 7 E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E EE E EE EE EE E E E EE E E EE E 6 E E E E E E E E E E E E E E E E E E E E E E E E E E EE EE E E E EE E E E E E EE E E E E EE EE E E E EE E E E E E E E EE E E E E E E E E E E E E E E E EE E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E EE E E E E E E E E E E E E EE E E EE E E E EE E E E E E EE E E E E E E E E E E E E E E EE E E E E E E EE E E E E E E EE E E E EE E E E E EE E E E E E E E E EE E EE E EE E E EE E E E E E E E E E E E E E E E EE EE E E E E E E EE E E E E E E E E E E E E E EE E E E EE E E E EE EE E E EE EE E EE E EE EE E E E E EE E E EE E E E E E E E E E E E E E E E E E E E E A EE E E E E E E E E E E E EE EE E E E E E E E E E E E E E E E EE E1E E E EE E E E E E EE E E E E E E E EE E E E E E E E EE E E EE E E EE E E E E E E E E EE E E E E E E E E E E E E E E E EE E EE E E E E E E E E E EE EE E E EE EE E E EE E E E E E E E E E EE E E E E E E E EE EE E E E E E E EE E E E EE E E E E E E E E E E E E E E E E E E E E E E E EE E EE E E E E EE E EE E E E E E E E E E EE EE E E E E E E E E EE E E E E E E E E E E E EE E E E E E E E E E E E E E E E E E E E E EE E E E E E E E E Phase 1 habitat survey E E E E EE E EE E E E E EE E E E E E E E E E E E E E E E E EE EE E E E E E E E E EE E E E E E E E E E E E E E E E E E E E E E E E E E E E EE E E E E E E E E E E E E EE E E E EE E E E E E E E E E E E E EE E E E E E E E E E E EE E E E E E E E E E E E E Lidl Gorseinon Lidl

Scale at A3: Project No: Drawing No: Revision: 1:500 B024633 Figure 3 A Drawn by: Drawn date: Approved by: Maddie Errington 21/01/2021 Timothy Rich

Contains Ordnance Survey Data © Crown copyright and database right 2019. © Northern Ireland Environment Agency. Open Government Data reproduced contains public sector information licensed under the Open Government Licence v3.0 Other Credits: World Imagery: Maxar, Microsoft C:\Users\maddie.errington\Tetra Tech, Inc\WYG.Ecology GIS - Projects\B024633_LidlGorseinon\GIS\B024633_LidlGorseinon.aprx Inc\WYG.Ecology Tech, C:\Users\maddie.errington\Tetra Rev Date Notes A 21/01/21 Initial map production

WB14 Legend

Site boundary

Site boundary 500m buffer WB12 Waterbody location

WB13 Waterbody linear location

WB11

WB15

WB5 WB6 WB10

WB9

WB7

WB2 WB1 WB4 WB8

WB3 0 50 100 200 Metres F

Waterbody Location Plan

Lidl Gorseinon Lidl

Scale at A3: Project No: Drawing No: Revision: 1:5,000 B024633 Figure 4 A Drawn by: Drawn date: Approved by: Maddie Errington 21/01/2021 Timothy Rich

Contains Ordnance Survey Data © Crown copyright and database right 2019. © Northern Ireland Environment Agency. Open Government Data reproduced contains public sector information licensed under the Open Government Licence v3.0 Other Credits: OpenStreetMap: © OpenStreetMap (and) contributors, CC-BY-SA C:\Users\maddie.errington\Tetra Tech, Inc\WYG.Ecology GIS - Projects\B024633_LidlGorseinon\GIS\B024633_LidlGorseinon.aprx Inc\WYG.Ecology Tech, C:\Users\maddie.errington\Tetra Rev Date Notes A 21/01/21 Initial map production

Legend

Site boundary Wall cotoneaster Cotoneaster horizontalis Japanese knotweed Reynoutria japonica Possible Japanese knotweed from Elcot (2020), not seen during survey

0 5 10 20 Metres F

Schedule 9 invasive plants

Lidl Gorseinon Lidl

Scale at A3: Project No: Drawing No: Revision: 1:500 B024633 Figure 5 A Drawn by: Drawn date: Approved by: Maddie Errington 21/01/2021 Timothy Rich

Contains Ordnance Survey Data © Crown copyright and database right 2019. © Northern Ireland Environment Agency. Open Government Data reproduced contains public sector information licensed under the Open Government Licence v3.0 Other Credits: World Imagery: Maxar, Microsoft C:\Users\maddie.errington\Tetra Tech, Inc\WYG.Ecology GIS - Projects\B024633_LidlGorseinon\GIS\B024633_LidlGorseinon.aprx Inc\WYG.Ecology Tech, C:\Users\maddie.errington\Tetra

APPENDIX A – REPORT CONDITIONS

This Report has been prepared using reasonable skill and care for the sole benefit of [Lidl] (“the Client”) for the proposed uses stated in the report by [Tetra Tech Environment Planning Transport Limited] (“Tetra Tech”). Tetra Tech exclude all liability for any other uses and to any other party. The report must not be relied on or reproduced in whole or in part by any other party without the copyright holder’s permission. No liability is accepted or warranty given for; unconfirmed data, third party documents and information supplied to Tetra Tech or for the performance, reliability, standing etc of any products, services, organisations or companies referred to in this report. Tetra Tech does not purport to provide specialist legal, tax or accounting advice. The report refers, within the limitations stated, to the environment of the site in the context of the surrounding area at the time of the inspections'. Environmental conditions can vary and no warranty is given as to the possibility of changes in the environment of the site and surrounding area at differing times. No investigative method can eliminate the possibility of obtaining partially imprecise, incomplete or not fully representative information. Any monitoring or survey work undertaken as part of the commission will have been subject to limitations, including for example timescale, seasonal and weather-related conditions. Actual environmental conditions are typically more complex and variable than the investigative, predictive and modelling approaches indicate in practice, and the output of such approaches cannot be relied upon as a comprehensive or accurate indicator of future conditions. The “shelf life” of the Report will be determined by a number of factors including; its original purpose, the Client’s instructions, passage of time, advances in technology and techniques, changes in legislation etc. and therefore may require future re-assessment. The whole of the report must be read as other sections of the report may contain information which puts into context the findings in any executive summary. The performance of environmental protection measures and of buildings and other structures in relation to acoustics, vibration, noise mitigation and other environmental issues is influenced to a large extent by the degree to which the relevant environmental considerations are incorporated into the final design and specifications and the quality of workmanship and compliance with the specifications on site during construction. Tetra Tech accept no liability for issues with performance arising from such factors.

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APPENDIX B – KEY LEGISLATION

Bern Convention The Convention on the Conservation of European Wildlife and Natural Habitats (the Bern Convention) was adopted in Bern, Switzerland in 1979, and was ratified in 1982. Its aims are to protect wild plants and and their habitats listed in Appendices 1 and 2 of the Convention, and regulate the exploitation of species listed in Appendix 3. The regulation imposes legal obligations on participating countries to protect over 500 plant species and more than 1000 animals. To meet its obligations imposed by the Convention, the European Community adopted the EC Birds Directive (1979) and the EC Habitats Directive (1992 – see below). Since the Lisbon Treaty, in force since 1st December 2009, European legislation has been adopted by the European Union. Bonn Convention The Convention on the Conservation of Migratory Species of Wild Animals or ‘Bonn Convention’ was adopted in Bonn, Germany in 1979 and came into force in 1985. Participating states agree to work together to preserve migratory species and their habitats by providing strict protection to species listed in Appendix I of the Convention. It also establishes agreements for the conservation and management of migratory species listed in Appendix II. In the UK, the requirements of the convention are implemented via the Wildlife & Countryside Act 1981 (as amended), Wildlife (Northern Ireland) Order 1985 (as amended), Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 and the Countryside and Rights of Way Act 2000 (CRoW). Habitats Directive The Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora, or the ‘Habitats Directive’, is a European Union directive adopted in 1992 in response to the Bern Convention. Its aims are to protect approximately 220 habitats and 1,000 species listed in its several Annexes. In the UK, the Habitats Directive is transposed into national law via the Conservation of Habitats and Species Regulations 2017 (as amended) in England and Wales, and via the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended) in Northern Ireland. Birds Directive The EC Directive on the Conservation of Wild Birds (791409/EEC) or ‘Birds Directive’ was introduced to achieve favourable conservation status of all wild bird species across their distribution range. In this context, the most important provision is the identification and classification of Special Protection Areas (SPAs) for rare or vulnerable species listed in Annex 1 of the Directive, as well as for all regularly occurring migratory species, paying particular attention to the protection of wetlands of international importance. Conservation of Habitats and Species Regulations 2017 (as amended) Regulations place a duty on the Secretary of State to propose a list of sites which are important for either habitats or species (listed in Annexes I or II of the Habitats Directive respectively) to the European Commission. These sites, if ratified by Ministers, are then designated as Special Protection Areas (SPAs) within six years. Public bodies must also help preserve, maintain and re- establish habitats for wild birds. The 2018 amendments mainly related to the impact of the People Over Wind decision and some implications arising for neighbourhood plan development and a range of other planning tools including Local Development Orders and Permission in Principle – see here for full details: https://www.legislation.gov.uk/uksi/2018/1307/note/made The Regulations make it an offence to deliberately capture, kill, disturb or trade in the animals listed in Schedule 2, or pick, uproot, destroy, or trade in the plants listed in Schedule 5 - see below: Schedule 2 – European Protected Species of Schedule 5 – European Protected Species of Animals Plants Horseshoe bats Rhinolophidae - all species Shore dock Rumex rupestris Common bats Vespertilionidae - all species Killarney fern Trichomanes speciosum Large Blue Butterfly Maculinea arion Early gentian Gentianella anglica

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Wild cat Felis sylvestris Lady’s-slipper Cypripedium calceolus Dolphins, porpoises and whales Cetacea – all sp. Creeping marsh-wort Apium repens Dormouse Muscardinus avellanarius Slender naiad Najas flexilis Pool frog Rana lessonae Fen orchid Liparis loeselii Sand lizard Lacerta agilis Floating-leaved water plantain Luronium natans Fisher’s estuarine moth Gortyna borelii lunata Yellow marsh saxifrage Saxifraga hirculus Great crested newt Triturus cristatus Otter Lutra lutra Lesser whirlpool ram’s-horn snail Anisus

vorticulus Smooth snake Coronella austriaca Sturgeon Acipenser sturio Natterjack toad Epidalea calamita Marine turtles Caretta caretta, Chelonia mydas, Lepidochelys kempii, Eretmochelys imbricata, Dermochelys coriacea Wildlife & Countryside Act 1981 (as amended) This is the principal mechanism for the legislative protection of wildlife in the UK. This legislation is the chief means by which the ‘Bern Convention’ and the Birds Directive are implemented in the UK. Since it was first introduced, the Act has been amended several times. The Act makes it an offence to (with exception to species listed in Schedule 2) intentionally: • kill, injure, or take any wild bird; • take, damage or destroy the nest of any wild bird while that nest is in use; or • take or destroy an egg of any wild bird. Or to intentionally do the following to a wild bird listed in Schedule 1: • disturbs any wild bird while it is building a nest or is in, on or near a nest containing eggs or young; or • disturbs dependent young of such a bird. In addition, the Act makes it an offence (subject to exceptions) to: • intentionally or recklessly kill, injure or take any wild listed on Schedule 5; • interfere with places used for shelter or protection, or intentionally disturbing animals occupying such places; and • The Act also prohibits certain methods of killing, injuring, or taking wild animals. Finally, the Act also makes it an offence (subject to exceptions) to: intentionally pick, uproot or destroy any wild plant listed in Schedule 8, or any or spore attached to any such wild plant; unless an authorised person, intentionally uproot any wild plant not included in Schedule 8; or sell, offer or expose for sale, or possess (for the purposes of trade), any live or dead wild plant included in Schedule 8, or any part of, or anything derived from, such a plant. Following all amendments to the Act, Schedule 5 ‘Animals which are Protected’ contains a total of 154 species of animal, including several mammals, reptiles, amphibians, fish and invertebrates. Schedule 8 ‘Plants which are Protected’ of the Act, contains 185 species, including higher plants, bryophytes and fungi and lichens. A comprehensive and up-to-date list of these species can be obtained from the JNCC website. Part 14 of the Act makes unlawful to plant or otherwise cause to grow in the wild any plant which is listed in Part II of Schedule 9. It is recommended that plant material of these species is disposed of as bio-hazardous waste, and these plants should not be used in planting schemes. Schedule 1 - Birds which are protected by special penalties Avocet Recurvirostra avosetta Osprey Pandion haliaetus Bee-eater Merops apiaster Owl, Barn Tyto alba Bittern Botaurus stellaris Owl, Snowy Nyctea scandiaca Bittern, Little Ixobrychus minutus Peregrine Falco peregrinus

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Bluethroat Luscinia svecica Petrel, Leach’s Oceanodroma leucorhoa Brambling Fringilla montifringilla Phalarope, Red- Phalaropus lobatus necked Bunting, Cirl Emberiza cirlus Plover, Kentish Charadrius alexandrinus Bunting, Lapland Calcarius lapponicus Plover, Little Ringed Charadrius dubius Bunting, Snow Plectrophenax nivalis Quail, Common Coturnix coturnix Buzzard, Honey Pernis apivorus Redstart, Black Phoenicurus ochruros Capercaillie Tetrao urogallus Redwing Turdus iliacus Chough Pyrrhocorax pyrrhocorax Rosefinch, Scarlet Carpodacus erythrinus Corncrake Crex crex Ruff Philomachus pugnax Crake, Spotted Porzana porzana Sandpiper, Green Tringa ochropus Crossbills (all Loxia Sandpiper, Purple Calidris maritima species) Curlew, Stone Burhinus oedicnemus Sandpiper, Wood Tringa glareola Divers (all species) Gavia Scaup Aythya marila Dotterel Charadrius morinellus Scoter, Common Melanitta nigra Duck, Long-tailed Clangula hyemalis Scoter, Velvet Melanitta fusca Eagle, Golden Aquila chrysaetos Serin Serinus serinus Eagle, White-tailed Haliaetus albicilla Shorelark Eremophila alpestris Falcon, Gyr Falco rusticolus Shrike, Red-backed Lanius collurio Fieldfare Turdus pilaris Spoonbill Platalea leucorodia Firecrest Regulus ignicapillus Stilt, Black-winged Himantopus himantopus Garganey Anas querquedula Stint, Temminck’s Calidris temminckii Godwit, Black-tailed Limosa limosa Swan, Bewick’s Cygnus bewickii Goshawk Accipiter gentilis Swan, Whooper Cygnus cygnus Grebe, Black-necked Podiceps nigricollis Tern, Black Chlidonias niger Grebe, Slavonian Podiceps auritus Tern, Little Sterna albifrons Greenshank Tringa nebularia Tern, Roseate Sterna dougallii Gull, Little Larus minutus Tit, Bearded Panurus biarmicus Gull, Mediterranean Larus melanocephalus Tit, Crested Parus cristatus Harriers (all species) Circus Tree-creeper, Short- Certhia brachydactyla toed Heron, Purple Ardea purpurea Warbler, Cetti’s Cettia cetti Hobby Falco subbuteo Warbler, Dartford Sylvia undata Hoopoe Upupa epops Warbler, Marsh Acrocephalus palustris Kingfisher Alcedo atthis Warbler, Savi’s Locustella luscinioides Kite, Red Milvus milvus Whimbrel Numenius phaeopus Merlin Falco columbarius Woodlark Lullula arborea Oriole, Golden Oriolus oriolus Wryneck Jynx torquilla Animal (Vertebrate) Species Listed in Schedule 5 (full legal protection at all times) Horseshoe Bats (all Rhinolophidae Newt – Great Crested Triturus cristatus species) Typical Bats (all Vespertilionidae Snake – Smooth Coronella austriaca species) Dolphin – Bottle- Tursiops truncatus Toad, Natterjack Epidalea calamita nosed (tursio) Dolphin – Common Delphinus delphis Turtles – All Species Cheloniidae & Dermochelyidae Dormouse – Hazel Muscardinus avellanarius Basking Shark Cetorhinus maximus Pine Marten Martes martes Burbot Lota lota

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Porpoise – Harbour Phocaena phocaena Goby – Giant Gobius cobitis Otter – Eurasian Lutra lutra Goby – Couch’s Gobius couchii Squirrel – Red Sciurus vulgaris Seahorse – Short- Hippocampus snouted1 hippocampus Walrus Odobenus rosmarus Seahorse – Spiny Hippocampus guttulatus Water Vole Arvicola amphibius Sturgeon Acipenser sturio Whales – All Species Cetacea Vendace Coregonus albula Wildcat Felis sylvestris Whitefish Coregonus lavaretus Lizard – Sand Lacerta agilis Animal (Vertebrate) Species Protected under Section 9 (1) part: Killing and Injuring & Section 9 (5) Sale Adder Vipera berus Slow-worm Anguis fragilis Lizard – Viviparous Zootoca vivipara Snake – Grass Natrix helvetica (natrix) Animals (Vertebrate) Species Protected under Section 9 (5) Sale only Frog – common Rana temporaria Newt – Smooth Lissotriton vulgaris Newt – Palmate Lissotriton helvetica Toad – Common Bufo bufo Animals (Vertebrate) Species Protected under Section 9 (1) (4)(a): Killing, Injuring & Taking and Damage / Destruction of place of shelter / protection only Allis Shad Alosa alosa Shark – Angel Squatina squatina Twaite Shad Alosa fallax Butterflies & Moths – Full Protection under Schedule 52 at all times High brown fritillary Argynnis adippe Fisher’s Estuarine Gortyna borelii Moth Large Blue Maculinea arion Barberry Carpet Pareulype berberata Heath Fritillary Mellicta athalea Black-veined Moth Siona lineata Marsh Fritillary Eurodryas aurinia Sussex Emerald Thalera fimbrialis Swallowtail Papilio machaon Essex Emerald Thetidia smaragdaris britannicus Large Copper Lycaena dispar Fiery Clearwing Bembecia chrysidiformis Reddish-buff Moth Acosmetia caliginosa New-Forest Burnet Zygaena viciae Butterflies – Protected under Section 9 (5) Sale Only Purple Emperor Apatura iris Adonis Blue Lysandra bellargus Northern Brown Aricia artaxerxes Chalkhill Blue Lysandra coridon Argus Pearl-bordered Boloria euphrosyne Glanville Fritillary Melitaea cinxia Fritillary Chequered Skipper Carterocephalus Large Tortoiseshell Nymphalis polychloros palaemon Large Heath Coenonympha tullia Silver-studded Blue Plebejus argus Small Blue Cupido minimus Black Hairstreak Strymonidia pruni Mountain Ringlet Erebia epiphron White-letter Hairstreak Strymonidia w-album Duke of Burgundy Hamearis lucina Brown Hairstreak Thecla betulae Silver-spotted Hesperia comma Lulworth Skipper Thymelicus acteon Skipper Wood White Leptidea sinapis Other Invertebrates – Full Protection under Schedule 5 at all times Rainbow - cerealis Tadpole Shrimp Triops cancriformis

1 Both sea horse species are protected in England only. 2 Viper’s Bugloss Moth Hadena irregularis was removed from Schedule 5 in 1996 as it is believed to be extinct. tetratecheurope.com

Spangled Diving- Graphopterus zonatus Trembling Sea-mat Victorella pavida beetle Lesser Silver Water- Hydrochara caraboides De Folin’s Lagoon Caecum armoricum beetle Snail Moccas Beetle Hypebaeus flavipes Sandbowl Snail Catinella arenaria Violet Click-beetle Limoniscus violaceus Freshwater Pearl Margaritifera Mussel margaritifera Bembridge Beetle Parcymus aeneus Glutinous Snail Myxas glutinosa New Forest Cicada Cicadetta montana Lagoon Snail Paludinella littorina Wart-Biter Decticus verrucivorus Lagoon Sea Slug Tenellia adspersa Mole-Cricket Gryllotalpa gryllotalpa Northern Hatchet-shell Thyasira gouldi Field-Cricket Gryllus campestris Tentacled Lagoon- Alkmaria romijni worm Norfolk Hawker Aeshna isosceles Lagoon Sand-worm Armandia cirrhosa Dragonfly Southern Damselfly Coenagrion mercuriale Medicinal Leech Hirudo medicinalis Fen Raft Spider Dolomedes fimbriatus Marine Hydroid Clavopsella navis Ladybird Spider Eresus niger Ivell’s Sea Anemone Edwardsia ivelli (cinaberinus) Fairy Shrimp Chirocephalus diaphanus Starlet Sea Anemone Nematosella vectensis Lagoon Sand Shrimp Gammarus insensibilis Atlantic Stream Austropotamobius (White-clawed) pallipes Crayfish Other Invertebrates Protected under Section 9 (1) Possession & 9 (2) (5) Sale only Stag Beetle Lucanus cervus Roman Snail3 Helix pomatia Fan Mussel Atrina fragilis Pink Sea-fan Eunicella verrucosa Other Invertebrates Protected under Section 9 (4) (a) Damage / Destruction of Place of Shelter / Protection only Mire Pill Beetle Curimopsis nigrita Vascular Plant Species - Full Protection under Schedule 8 at all times (previous Scientific name in brackets) Adder’s-tongue Ophioglossum Lily – Snowdon Gagea serotina Least lusitanicum (Lloydia serotina) Alison- Small Alyssum alyssoides Marsh-mallow – Malva setigera Rough (Althaea hirsuta) Broomrape – Orobanche Milk-parsley – Selinum carvifolia Bedstraw caryophyllacea Cambridge Broomrape – Orobanche picridis Mudwort – Welsh Limosella aquatica Oxtongue Broomrape – Thistle Orobanche reticulata4 Naiad – Holly-leaved Najas marina Cabbage – Lundy Coincya wrightii Orache – Stalked Atriplex pedunculata (Rhynchosinapis wrightii) (Halimione pedunculata) Calamint – Wood Clinopodium Orchid – Early Spider Ophrys sphegodes menthifolium (Calamintha sylvatica) Catchfly – Alpine Silene suecica (Lychnis Orchid – Ghost Epipogium aphyllum alpina) Centaury – Slender Centaurium tenuiflorum Orchid – Lapland Dactylorhiza lapponica Marsh Cinquefoil – Rock Potentilla rupestris Orchid – Late Spider Ophrys fuciflora

3 England only 4 The Weeds Act 1959 does not apply to thistles Cirsium & Carduus species supporting this broomrape. tetratecheurope.com

Clary – Meadow Salvia pratensis Orchid – Lizard Himantoglossum hircinum Club-rush – Schoenoplectus triqueter Orchid – Military Orchis militaris Triangular (Scirpus triqueter) Colt’s-foot – Purple Homogyne alpina Orchid – Monkey Orchis simia Cotoneaster – Wild Cotoneaster cambricus Pear – Plymouth Pyrus cordata (C. integerrimus) Cotton-grass – Eriophorum gracile Pennycress – Microthlaspi Slender Perfoliate perfoliatum (Thlaspi perfoliatum) Cow-wheat – Field Melampyrum arvense Pennyroyal Mentha pulegium Crocus – Sand Romulus columnae Pigmyweed Crassula aquatica Cudweed – Broad- Filago pyramidata Pine - Ground Ajuga chamaepitys leaved Cudweed – Jersey Gnaphalium luteoalbum Pink – Cheddar Dianthus gratianopolitanus Cudweed – Red- Filago lutescens Pink – Childing Petrorhagia nanteuilii tipped Cut-grass Leersia oryzoides Ragwort – Fen paludosa (Senecio paludosa) Deptford Pink Dianthus armeria Ramping-fumitory – Fumaria reuteri (F. Martin’s martinii) Diapensia Diapensia lapponica Rampion – Spiked Phyteuma spicata Eryngo – Field Eryngium campestre Restharrow – Small Ononis reclinata Fern – Dickie’s- Cystopteris dickieana Rock-cress – Alpine Arabis alpina bladder Fleabane – Alpine Erigeron borealis Rock-cress – Bristol Arabis scabra Fleabane – Small Pulicaria vulgaris Sandwort – Arenaria norvegica5 Norwegian Galingale – Brown Cyperus fuscus Sandwort – Teesdale Minuartia stricta Gentian – Alpine Gentiana nivalis Saxifrage – Drooping Saxifraga cernua Gentian - Dune Gentianella amarella Saxifrage – Tufted Saxifraga cespitosa subsp. occidentalis (Gentianella uliginosa) Gentian – Fringed Gentianopsis ciliata Solomon’s-seal – Polygonatum (Gentianella ciliata) Whorled verticillatum Gentian - Spring Gentiana verna Sow-thistle – Alpine Cicerbita alpina Germander – Cut- Teucrium botrys Spearwort – Adder’s- Ranunculus leaved tongue ophioglossifolius Germander – Water Teucrium scordium Speedwell – Fingered Veronica triphyllos Gladiolus – Wild Gladiolus illyricus Speedwell – Spiked Veronica spicata6 Goosefoot – Stinking Chenopodium vulvaria Spike-rush – Dwarf Eleocharis parvula Grass-poly Lythrum hyssopifolia South-stack Fleawort Tephroseris integrifolia ssp. maritima Hare’s-ear – Sickle- Bupleurum falcatum Star-of-Bethlehem – Gagea bohemica leaved Early Hare’s-ear – Small Bupleurum baldense Starfruit Damasonium alisma Hawk’s-beard – Crepis foetida Strapwort Corrigiola littoralis Stinking

5 All subspecies occurring in the UK 6 Both subspecies: spicata & hybrida tetratecheurope.com

Hawkweed – Hieracium northroense Violet – Fen Viola persicifolia Northroe Hawkweed – Hieracium zetlandicum Viper’s-grass Scorzonera humilis Shetland Hawkweed – Weak- Hieracium attenuatifolium Water-plantain – Alisma gramineum leaved Ribbon-leaved Heath – Blue Phyllodoce caerulea Wood-sedge – Carex depauperata Starved Helleborine – Red Cephalanthera rubra Woodsia – Alpine Woodsia alpina Horsetail – Branched Equisetum ramosissimum Woodsia – Oblong Woodsia ilvensis Hound’s-tongue – Cynoglossum Wormwood – Field Artemisia campestris Green germanicum Knawel – Perennial Scleranthus perennis7 Woundwort - Downy Stachys germanica Knot-grass – Sea Polygonum maritimum Woundwort – Stachys alpina Limestone Leek – Round- Allium sphaerocephalon Yellow-rattle – Greater Rhinanthus headed angustifolius Lettuce – Least Lactuca saligna Vascular Plant Species – Partial Protection under Section 13 (2) Protection from commercial exploitation and sale Bluebell Hyacinthoides non- scripta Bryophytes – Full Protection under Schedule 8 at all times Anamodon – Long- Anomodon langifolius Flamingo Moss Desmatodon cernuus leaved Blackwort Southbya nigrella Frostwort Gymnomitrion apiculatum Crystalwort – Lizard Riccia bifurca Glaucous Beard Moss Barbula glauca Earwort – Marsh Jamesoniella undulifolia Green Shield Moss Buxbaumia viridis Feathermoss – Polar Hygrohypnum polare Hair Silk Moss Plagiothecium piliferum Flapwort – Norfolk Leiocolea rutheana Knothole Moss Zygodon forsteri Grimmia – Blunt- Grimmia unicolor Large Yellow Feather Scorpidium leaved Moss turgescens Petalwort Petalophyllum ralfsii Millimetre Moss Micromitrium tenerum Lindenberg’s Leafy- Adelanthus Multi-fruited River Cryphaea lamyana Liverwort lindenbergianus Moss Feather-moss Drepanocladus Nowell’s Limestone Zygodon gracilis Slender Green vernicosus Moss Alpine Copper-Moss Mielichoferia meilicoferia Rigid Apple Moss Bartramia stricta Baltic Bog-Moss Sphagnum balticum Round-leaved feather Rhynchostegium Moss rotundifolium Blue Dew-Moss Saelania glaucescens Schleicher’s Thread Bryum schleicheri Moss Blunt-leaved bristle- Orthotrichum obtusifolium Triangular Pygmy Acaulon triquetrum Moss Moss Bright-Green Cave- Cyclodictyon laetevirens Turpswort Geocalyx graveolens Moss Cordate Beard Moss Barbula cordata Vaucher’s Feather Hypnum vaucheri Moss Cornish Path Moss Ditrichum cornubicum Western Rustwort Marsupella profunda Derbyshire Feather Thamnobryum Moss angustifolium

7 Includes both subspecies: perennis & prostratus tetratecheurope.com

Stoneworts – Full Protection under Schedule 8 at all times Bearded Stonewort Chara canescens Foxtail Stonewort Lamprothamnium papullosum Lichens – Full Protection under Schedule 8 at all times New Forest Beech Enterographa elaborata Forked Hair Lichen Bryoria furcellata Lichen Snow Caloplaca Caloplaca nivalis Golden Hair Lichen Teloschistes flavicans Tree Catapyrenium Catapyrenium Orange-fruited Elm Caloplaca luteoalba psoromoides Lichen Laurer’s Catillaria Catillaria laurei River Jelly Lichen Collema dichotomum Convoluted Cladonia Cladonia convoluta Starry Breck Lichen Buellia asterella Upright Mountain Cladonia stricta Caledonia Pannaria Pannaria ignobilis Cladonia Goblin Lights Catolechia wahlenbergii New Forest Parmelia Parmelia minarum Elm Gyalecta Gyalecta ulmi Oil Stain Parmentaria Parmentaria chilensis Tarn Lecanora Lecanora archariana Southern Grey Physcia tribacioides Physcia Copper Lecidea Lecidea inops Ragged Pseudo- Pseudocyphellaria cyphellaria lacerata Arctic Kidney Lichen Nephroma arcticum Rusty Alpine Psora Psora rubiformis Ciliate Strap Lichen Heterodermia leucomelos Rock Nail Calicium corynellum Coralloid Rosette Heterodermia Serpentine Selanopsora liparina Lichen propagulifera Selanopsora Ear-lobed Dog Peltigera lepidophora Sulphur Tresses Alectoria ochroleuca Lichen Lichens – Partial Protection under Section 13 (2) Commercial Exploitation and Sale Only Tree Lungwort Lobaria pulmonaria Fungi – Full Protection under Schedule 8 at all times Royal Bolete Boletus regius Oak Polypore Buglossosporus pulvinus Hedgehog Fungus Hericium erinaceum Sandy Stilt Ball Battaria phalloides Invasive plant species listed in Schedule 9 Australian swamp Crassula helmsii Japanese rose Rosa rugosa stonecrop or New Zealand pygmyweed Californian red Pikea californica Japanese seaweed Sargassum muticum seaweed Curly waterweed Lagarosiphon major Laver seaweeds Porphyra spp (except native species) Duck potato Sagittaria latifolia Parrot’s-feather Myriophyllum aquaticum Entire-leaved Cotoneaster integrifolius Perfoliate alexanders Smyrnium perfoliatum cotoneaster False Virginia Parthenocissus inserta Pontic rhododendron Rhododendron creeper ponticum Fanwort or Carolina Cabomba caroliniana Purple dewplant Disphyma crassifolium water-shield Few-flowered garlic Allium paradoxum Red algae Grateloupia luxurians Floating pennywort Hydrocotyle Rhododendron Rhododendron ranunculoides ponticum × Rhododendron maximum Floating water Ludwigia peploides Small-leaved Cotoneaster primrose cotoneaster microphyllus

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Giant hogweed Heracleum Three-cornered garlic Allium triquetrum mantegazzianum Giant kelp Macrocystis spp. Variegated yellow Lamiastrum archangel galeobdolon subsp. argentatum Giant knotweed Fallopia sachalinensis Virginia creeper Parthenocissus quinquefolia Giant rhubarb Gunnera tinctoria Wakame Undaria pinnatifida Giant salvinia Salvinia molesta Wall cotoneaster Cotoneaster horizontalis Green seafingers Codium fragile Water fern Azolla filiculoides Himalayan Cotoneaster simonsii Water hyacinth Eichhornia crassipes cotoneaster Hollyberry Cotoneaster bullatus Water lettuce Pistia stratiotes cotoneaster Hooked asparagus Asparagopsis armata Water primrose Ludwigia grandiflora seaweed Hottentot fig Carpobrotus edulis Water primrose Ludwigia uruguayensis Hybrid knotweed Fallopia japonica × Waterweeds Elodea spp. Fallopia sachalinensis Indian (Himalayan) Impatiens glandulifera Yellow azalea Rhododendron luteum balsam Japanese knotweed Reynoutria japonica Protection of Badgers Act 1992 The main legislation protecting badgers in England and Wales is the Protection of Badgers Act 1992 (the 1992 Act). Under the 1992 Act it is an offence to: wilfully kill, injure, take or attempt to kill, injure or take a badger; dig for a badger; interfere with a badger sett by, damaging a sett or any part thereof, destroying a sett, obstructing access to a sett, causing a dog to enter a sett or disturbing a badger while occupying a sett. The 1992 Act defines a badger sett as: “any structure or place which displays signs indicating current use by a badger” Natural Environment and Rural Communities Act 2006 Section 41 (S41) of this Act requires the Secretary of State to publish a list (in consultation with Natural England) of Habitats and Species which are of Principal Importance for the conservation of biodiversity in England. The S41 list is used to guide decision-makers such as public bodies including local and regional authorities, in implementing their duty under Section 40 of the Natural Environment and Rural Communities (NERC) Act 2006, to have regard to the conservation of biodiversity in England, when carrying out their normal (e.g. planning) functions. The S41 list includes 65 Habitats of Principal Importance and 1,150 Species of Principal Importance. Hedgerow Regulations 1997 The Hedgerow Regulations were made under Section 97 of the Environment Act 1995 and came into force in 1997. They introduced new arrangements for local planning authorities in England and Wales to protect important hedgerows in the countryside, by controlling their removal through a system of notification. Important hedgerows are defined by complex assessment criteria, which draw on biodiversity features, historical context and the landscape value of the hedgerow. Birds of Conservation Concern This is a review of the status of all birds occurring regularly in the United Kingdom. It is regularly updated and is prepared by leading bird conservation organisations, including the British Trust for Ornithology (BTO), Joint Nature Conservation Committee (JNCC) and The Royal Society for the Protection of Birds (RSPB). The latest report was produced in 2015 (Eaton et al, 2015) and identified 67 red list species, 96 amber species, and 81 green species. The criteria are complex, but generally: • Red list species are those that have shown a decline of the breeding population, non- breeding population or breeding range of more than 50% in the last 25 years. tetratecheurope.com

• Amber list species are those that have shown a decline of the breeding population, non- breeding population or breeding range of between 25% and 50% in the last 25 years. Species that have a UK breeding population of less than 300 or a non-breeding population of less than 900 individuals are also included, together with those whose 50% of the population is localised in 10 sites or fewer and those whose 20% of the European population is found in the UK. • Green list species are all regularly occurring species that do not qualify under any of the red or amber criteria are green listed Global IUCN Red List The International Union for Conservation of Nature (IUCN) Threatened Species was devised to provide a list of those species that are most at risk of becoming extinct globally. It provides taxonomic, conservation status and distribution information about threatened taxa around the globe. The system catalogues threatened species into groups of varying levels of threat, which are: Extinct (EX), Extinct in the Wild (EW), (CE), Endangered (EN), Vulnerable (VU), Near Threatened (NT), Least Concern (LC), Data Deficient (DD), Not Evaluated (NE). Criteria for designation into each of the categories is complex, and consider several principles. Local Biodiversity Action Plan (LBAP) Local Biodiversity Action Plans (LBAP) identify habitat and species conservation priorities at a local level (typically at the County level), and are usually drawn up by a consortium of local Government organisations and conservation charities. Some LBAP’s may also include Habitat Action Plans (HAP) and/or Species Action Plans (SAP), which are used to guide and inform the local decision making process. Wild Mammals (Protection) Act 1996 This Act offers protects a form of protection to all wild species of mammals, irrespective of other legislation, and focussed on animal welfare, rather than conservation. Unless covered by one of the exceptions, a person is guilty of an offence if he mutilates, kicks, beats, nails or otherwise impales, stabs, burns, stones, crushes, drowns, drags or asphyxiates any wild mammal with intent to inflict unnecessary suffering. It’s application is typically restricted to preventing deliberate harm to wildlife (in general) during construction works etc.

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APPENDIX C – RELEVANT DESK STUDY DATA

Group Species Latin name Most recent No. record records Invertebrate Mottled Rustic Caradrina morpheus 2020 14 Invertebrate Neglected Rustic Xestia castanea 2020 3 Invertebrate Oblique Carpet Orthonama vittata 2015 1 Invertebrate Powdered Quaker Orthosia gracilis 2020 8 Invertebrate Rosy Rustic Hydraecia micacea 2020 11 Invertebrate Rustic Hoplodrina blanda 2020 27 Invertebrate Sallow Cirrhia icteritia 2020 7 Invertebrate Shoulder-striped Leucania comma 2020 4 Wainscot Invertebrate Small Heath Coenonympha pamphilus 2012 3 Invertebrate Small Phoenix Ecliptopera silaceata 2020 22 Invertebrate Small Square-spot Diarsia rubi 2020 11 Invertebrate Wall Lasiommata megera 2012 1 Invertebrate White Ermine Spilosoma lubricipeda 2020 16 Invertebrate White-letter Hairstreak Satyrium w-album 2011 1 Mammal Badger Meles meles 2020 9 Mammal Bats Vespertilionidae 2020 1 Mammal Common Pipistrelle Pipistrellus pipistrellus 2015 6 Mammal Daubenton's Bat Myotis daubentonii 2014 2 Mammal Hazel Dormouse Muscardinus avellanarius 2014 3 Mammal Hedgehog Erinaceus europaeus 2020 66 Mammal Lesser Horseshoe Bat Rhinolophus hipposideros 2019 1 Mammal Natterer's Bat Myotis nattereri 2011 1 Mammal Noctule Bat Nyctalus noctula 2015 2 Mammal Otter Lutra lutra 2015 5 Mammal Polecat Mustela putorius 2016 1 Mammal Serotine Eptesicus serotinus 2015 1 Mammal Soprano Pipistrelle Pipistrellus pygmaeus 2015 7 Mammal Water Vole Arvicola amphibius 2016 1 Mammal Whiskered Bat Myotis mystacinus 2015 1

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Non-vascular Usnea articulata Usnea articulata 2016 1 plant Reptile Adder Vipera berus 2012 1 Reptile Common Lizard Zootoca vivipara 2018 16 Reptile Grass Snake Natrix helvetica 2018 10 Reptile Slow-worm Anguis fragilis 2018 17 Vascular Cornflower Centaurea cyanus 2015 8 plant

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APPENDIX D – TARGET NOTES

Target Description Photograph Note 1 SS6069698424 Several clumps of Schedule 9 Japanese knotweed Reynoutria japonica by fence but mostly in adjacent property.

2 SS6069998438 Large areas of tarmac hardstanding, some with weeds along edge (see TN5 Ephemeral/short perennial)

3 SS6070298444 Amenity grassland, has been heavily mown in past but not recently, rank to 30 cm, 100% cover. Quite a large herbaceous plant component amongst red fescue and rye grass base. Red fescue Festuca rubra Abundant Perennial rye-grass Lolium perenne Abundant Yarrow Achillea millefolium Frequent

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Common bent Frequent Common knapweed Centaurea nigra Frequent Yorkshire-fog Holcus lanatus Frequent Cat’s-ear Hypochaeris radicata Frequent Common bird’s-foot trefoil Lotus corniculatus Frequent Ribwort plantain Plantago lanceolata Frequent Selfheal Prunella vulgaris Frequent False oat-grass Arrhenatherum elatius Occasional Crested dog’s tail Cynosurus cristatus Occasional Oxeye daisy Leucanthemum vulgare Occasional Mouse-ear-hawkweed Pilosella officinarum Occasional Creeping cinquefoil Potentilla reptans Occasional Meadow buttercup Ranunculus acris Occasional Cock’s-foot Dactylis glomerata Occasional Creeping bent Agrostis stolonifera Rare Wild carrot Daucus carota ssp. carota Rare Bilbao fleabane Erigeron floribundus Rare Imperforate St John’s-wort Hypericum maculatum Rare Ragwort Jacobaea vulgaris Rare Fleabane Pulicaria dysenterica Rare Curled dock Rumex crispus Rare Broad-leaved Dock Rumex obtusifolius Rare Water figwort Scrophularia auriculata Rare Zigzag clover Trifolium medium Rare Red Clover Trifolium pratense Rare

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4 SS6072398472 Poundstretcher Building to c. 5 m tall, gentle sloping roof, metal-clad with lower brick storey on west, north and part of east sides, entrance and windows on north side, canopy over doors. All in good condition, no obvious places for bats to roost. At east end a large green house in good condition.

5 SS6073898434 Ephemeral/short perennial vegetation developed around margins of site on rubble substrate and in cracks between paving slabs. There are also a few small bramble clumps (scattered scrub).

Butterfly-bush Buddleja davidii Frequent seedlings Cat’s-ear Hypochaeris radicata Occasional Selfheal Prunella vulgaris Occasional Mouse-ear-hawkweed Pilosella officinarum Occasional Creeping bent Agrostis stolonifera Occasional Bilbao fleabane Erigeron floribundus Occasional Smooth hawk’s-beard Crepis capillaris Occasional Cock’s-foot Dactylis glomerata Bee orchid rosette Occasional Hoary mustard Hirschfeldia incana Occasional Evening-primrose Oenothera sp. Occasional Annual meadow-grass Poa annua Occasional Smooth sowthistle Sonchus oleraceus Occasional Dandelion Taraxacum agg. Occasional Cow parsley Anthriscus sylvestris Rare

Birch Betula seedlings Rare

Hairy bittercress Cardamine hirsuta Rare

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Common mouse-ear Cerastium fontanum Rare Marsh orchid fruit Sticky mouse-ear Cerastium glomeratum Rare Spear thistle Cirsium vulgare Rare Cf. Waterer's cotoneaster Cotoneaster cf. wateri Rare Marsh-orchid Dactylorhiza sp. (probably D. praetermissa) Rare 1 plant in fruit Wild teasel Dipsacus fullonum Rare Hemp agrimony Eupatorium cannabinum Rare Cleavers Galium aparine Rare Cut-leaved crane’s-bill Geranium dissectum Rare Musk-mallow Malva moschata Rare Bee orchid Ophrys apifera Rare 1 plant with green rosette Wild parsnip Pastinaca sativa ssp. sylvestris Rare Common sorrel Rumex acetosa Rare Groundsel Senecio vulgaris Rare Common nettle Urtica dioica Rare Snapdragon Antirrhinum majus Rare

6 SS6068398431 One plant of Schedule 9 wall Cotoneaster Cotoneaster horizontalis by tank

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7 SS6068098432 Small shed with open door, no obvious places for bats to roost inside Adjacent tank in good condition. Tree behind offsite over fence in Lidl

8 SS6067598495 Introduced shrub – planted shrubberies and trees with some ivy Hedera helix Trees Birch Betula sp. Occasional Ash Fraxinus excelsior Rare Rowan Sorbus sp. Rare

Shrubs to 2 m Shrub ragwort Brachyglottis sp. Dogwood Cornus sp. Frequent Cherry laurel Prunus laurocerasus Frequent Narrow-leaved hebe Veronica salicifolia Rare Cf Waterer's cotoneaster Cotoneaster cf wateri Rare Cf. Thyme-leaved cotoneaster Cotoneaster cf. thymifolius Rare

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9 SS6070398443 One plant of Schedule 9 wall Cotoneaster Cotoneaster horizontalis by kerb

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APPENDIX E – HABITAT SUITABILITY INDEX CALCULATIONS FOR GCN

WB1 Penllergaer Pond (Figure 4; Plate E1)

Plate E1: Penllergaer Pond SS6115798293 – fishing club lake, stocked and managed

Table E1 HSI Calculations for Penlleragaer Pond Suitability Index Penllergaer Pond HSI value Field location B 0.5 Pond area 4000 0.8 Pond drying Never 0.90 Water quality Poor (fish eating food) 0.33 Shade 1% 1.00 Fowl Moorhen and ducks 0.67 Fish Stocked with fish 0.01 Ponds 3 in 1-km 0.95 Terrestrial habitat Good 1.00 Macrophytes 5% 0.35 SCORE: 0.000264657

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Suitability Index Penllergaer Pond HSI value HSI SCORE : 0.438801688 Pond Suitability : Poor

WB2 Small pond adjacent to Penllergaer Pond (Figure 4; Plate E2)

Plate E2: Small adjacent pond on east side of car park SS6110798285 – a few fish are stocked here

Table E2 HSI Calculations for small adjacent pond Suitability Index Penllergaer Pond HSI value Field location B 0.5 Pond area 300 0.80 Pond drying Never 0.90 Water quality Poor (fish eating food) 0.33 Shade 1% 1.00 Fowl Moorhen 0.67 Fish Stocked with fish 0.33 Ponds 3 in 1-km 0.95 Terrestrial habitat Good 1.00 Macrophytes 10% 0.40

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Suitability Index Penllergaer Pond HSI value SCORE: 0.00998134 HSI SCORE : 0.6308395 Pond Suitability : Average

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