Hedon Haven Phase 1 Survey Report
May 2012
Project data
Client ABP Ltd
Reference Hedon Haven
Report title Phase 1 Habitat Survey
File reference 235.01_001_Phase1_final.doc
Team leader Andrew Baker
Contact details [email protected]
Revision tracking
Name Position Date
Author Paul Howden-Leach Senior Ecologist 15/05/2012
Reviewed Carlos Abrahams Technical Director 15/05/2012
Revised Andrew Baker Managing Director 23/01/2013
Baker Consultants Ltd. Cromford Station Cromford Bridge Matlock Derbyshire DE4 5JJ [email protected] http://www.bakerconsultants.co.uk 01629 593958 Company No. 6702156
© Baker Consultants 2013
Limitation: Baker Consultants has prepared this document for the sole use of the commissioning client in accordance with the agreed scope of works and Terms and Conditions under which our services were performed. No other warranty is made as to the professional advice included in this document or any other services provided by us. This document may not be relied upon by any third party without the prior and express written agreement of Baker Consultants.
Unless otherwise stated in this document, the assessments made assume that the site referred to will continue to be used for its current purpose without significant change. The assessment, recommendations and conclusions contained in this document may be based upon information provided by third parties and upon the assumption that the information is relevant, correct and complete. There has been no independent verification of information obtained from third parties, unless otherwise stated in the report.
Where field investigations have been carried out, these have been restricted to the agreed scope of works and carried out to a level of detail required to achieve the stated objectives of the services. Natural habitats and species distributions may change over time and further data should be sought following any significant delay from the publication of this document.
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Report Contents
1 Introduction ...... 1 2 Methodology ...... 3 3 Results ...... 7 4 Assessment ...... 15 5 Recommendations ...... 21 6 References ...... 24 Appendix 1: Phase 1 Habitat Survey Map and Target Notes ...... 25
FOREWORD
This Phase 1 surveys was carried out in January 2012 and aimed to given a preliminary assessment of the site in question and inform the need for a suite of surveys of the whole allocation site. A draft report was produced in May 2012 but no final report issued at that time.
This final report was issued in January 2013 as part of the background documents that support the allocation of the wider site. In the intervening time, further, more detailed surveys work has been complete to inform the assessment of the Local Development Order that has been brought forward by the East Riding of Yorkshire Council. The detailed surveys for the LDO are report on separately.
Andrew Baker 23rd January 2013
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1 Introduction 1.1 The Proposed Project 1.1.1 ABP is supporting the local plan allocation of land to the west of Hedon and north of Paull, on the north bank of the Humber Estuary (referred to below as ‘the Site’) for port related development. The change in landuse has the potential to have an impact upon the ecology of the area. The aim of this survey was to establish the ecological resource that is currently present on the site and establish the overall baseline that will inform various environmental assessments through the allocation process.
1.2 Site Description 1.2.1 The ordnance survey grid reference of the centre of the site is TA175275.
1.2.2 The site is approximately 260 hectares in size and comprises open arable farmland. The site is divided by a number of drainage ditches, including the main Hedon Haven drain, which flows into the Humber, approximately 50 metres from the western boundary of the site. Also located within the site are a number of areas of open scrub and wooded copses.
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1.2.3
Figure 1. Site location
1.3 Study Scope 1.3.1 Baker Consultants was commissioned by ABP to undertake an extended Phase 1 Habitat survey, to record the character and extent of vegetation and habitats within and adjacent to the Site, and to assess the potential for notable flora and fauna to be present.
1.3.2 In addition, high-tide bird surveys have been commissioned and are currently being undertaken.
1.3.3 The Phase 1 survey findings are presented in this report, together with a preliminary assessment of the ecological status of the site, identifying, in particular, any potentially significant ecological constraints that may affect the allocation of the site.
1.3.4 As the programme of bird surveys is still underway, preliminary results only are presented here, with more detailed analysis and reporting to follow at a later date.
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2 Methodology 2.1 Field survey Extended Phase 1 Habitats 2.1.1 A Phase 1 Habitat Survey was carried out by Paul Howden-Leach on the 1st January 2012. The vegetation types and habitats present were described and mapped during a walkover of the site, using the standard published guidelines for Phase 1 Habitat surveyi. Features of particular interest were recorded in Target Notes (Appendix 1).
2.1.2 In addition, the habitats within the site and surrounding land were appraised for their suitability to support protected or notable species or assemblages that could be sensitive to the development proposals, in accordance with ‘Guidelines for Baseline Ecological Assessment’ii.
2.1.3 Protected and notable habitats and species include those listed under the Wildlife and Countryside Act 1981 (as amended); The Conservation of Habitats and Species Regulations 2010; and Species and Habitats of Principal Importance in England/Wales, listed under the Natural Environment and Rural Communities (NERC) Act 2006. Consideration was given to features such as potential breeding bird habitat, bat roosting locations and the suitability of water features for species such as otter Lutra lutra, great crested newt Triturus cristatus and water vole Arvicola amphibius.
2.1.4 Exotic and invasive species, such as Japanese knotweed Fallopia japonica and giant hogweed Heracleum mantegazzianum, were noted by the surveyor if present. These species can have implications for development activity and human health respectively.
2.1.5 Weather conditions during the survey were dry with a strong westerly wind. The approximate temperature was 4 degrees centigrade.
2.1.6 The survey approach taken is designed to identify broad habitat types at a site and the potential of these habitats to support notable/protected species, and to assist in providing an overview of the ecological interest at a site. It is the most widely used and professionally recognised method for initial ecological site appraisal.
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Bat Roost Assessment 2.1.7 The habitats within the survey area were assessed for their potential to support roosting bats in accordance with current guidanceiii iv. This involves the inspection of locations such as mature trees and buildings for evidence indicating the presence of roosting bats or for features with the potential to provide bat roost habitats. Evidence indicating the presence of bats would normally include droppings, characteristic staining, scratch marks or the presence of live or dead bats. Trees are inspected for the presence of rot holes, scar crevices, loose bark and covering of dense ivy1, while buildings are searched externally and internally for cavities in masonry, the eaves or roof spaces that might offer attractive roosting opportunities for bats.
2.1.8 An inspection of the survey area was undertaken by Paul Howden-Leach on 1st January 2012.
2.1.9 Trees are assessed according to the following criteria:
• Category 1: Confirmed bat roost in tree with field presence of the presence of bats such as droppings, scratch marks, grease marks or urine staining.
• Category 2a: Trees that have a high potential to support bat roosts.
• Category 2b: Trees with a moderate/low potential to support bat roosts.
• Category 3: Trees with negligible potential to support bat roosts.
2.1.10 The ground assessment used close-focusing binoculars to inspect trees to the canopy. A Cluson Clulite (which has a 500m spot beam) was used to inspect dark cavities and features in shaded areas.
Badger 2.1.11 A survey for badger Meles meles was undertaken by Paul Howden-Leach on 1st January 2012. The survey included areas within the Site and up to 50m beyond in order to check for nearby badger setts. Survey methods were in accordance with published guidancev, and involved walking across the survey area, looking for signs of badgers, including their setts. Signs are characteristic and include tufts of hair caught on barbed wire fences,
1 Typically ivy stems thicker than 4cm create gaps between the stem and the tree that are favoured by bats. As the ivy plant matures the thicker stems push away from the ‘host’ tree and create a well insulated pocket for bats to shelter. 4 235.01_001_Phase1_final.doc
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conspicuous badger paths, footprints, small excavated pits or latrines in which droppings are deposited, scratch marks on trees, and snuffle holes, which are small scrapes where badgers have searched for insects and plant tubers.
Otter 2.1.12 A survey for otter Lutra lutra was undertaken by Paul Howden-Leach on 1st January 2012. The standard survey methodology for ottervi was used along the watercourse within the study area. This methodology involved observing and recording the following field signs; spraints, food remains; rolling places, slides down riverbanks, footprints or paths, and shelters (either holts or couches).
2.1.13 Notes were taken of riparian habitat type, suitability and quality. The survey was undertaken during favourable weather conditions, and at a time when water level was low in the watercourse, to ensure that high water levels had not removed field signs.
Water vole 2.1.14 An initial appraisal for water vole Arvicola amphibius was undertaken by Paul Howden- Leach on 1st January 2012. For the purposes of this survey, the entire length of the watercourse within the study area was surveyed using standard methodsvii. Any evidence of water voles presence was recorded, including sightings of water voles, sounds of them entering water, latrines showing discrete piles of droppings, tunnel entrances (above and below water), cropped ‘gardens’ or ‘lawns’ around tunnel entrances, feeding stations of chopped vegetation, paths at waters edge, runs in the vegetation and footprints in the mud.
2.1.15 The optimum time to survey for water voles is between late April and early October and therefore this initial appraisal was not classed as a full water vole survey (see recommendations).
Birds 2.1.16 High-tide bird surveys have been undertaken across the site by Carlos Abrahams MIEEM, Susan White MIEEM and Chris Needham MIEEM. The surveys started in November 2012 and have been carried out twice monthly in accordance with Natural England requests (with the exception of January where due to the programming difficulties around the Christmas period a third survey in late December was carried out and only one in January). In each case, the survey has commenced one hour before high tide and
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continued until at least one hour after high tide on each occasion. The survey conditions are summarised in Table below.
Table 1. High-Tide Bird Survey Conditions Date High tide Sunrise/ sunset Survey Weather time time start/finish time 1 28.11.11 0754 0751/1545 0650/1050 3oC, light to moderate westerly, 0% cloud, dry 2 29.11.11 0845 0753/1544 0725/1030 8oC. strong south-westerly, 50% cloud, dry 3 05.12.11 1533 0804/1539 1230/1650 6oC. strong north-westerly, 25% cloud, dry 4 20.12.11 1357 0815/1540 0830/1530 3oC. light to moderate westerly, 85% cloud, dry 5 29.12.11 0910 0820/1554 0810/1415 3oC. moderate westerly, 50% cloud, showers 6 05.01.12 1533 0821/1552 1230/1430 6oC strong NW, 25% cloud, dry 7 16.02.12 1240 0720/1710 0930/1400 4oC. light westerly, 50% cloud, showers 8 25.02.12 0812 0700/1729 0700/1220 3oC. light westerly, 0% cloud, dry 9 06.03.12 1646 0637/1750 1500/1710 8oC, light southerly, 10% cloud, dry
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3 Results 3.1 Constraints 3.1.1 Whilst every effort was made in the field survey to provide a comprehensive description of the site, no investigation can ensure the complete characterisation and prediction of the natural environment. Also, natural and semi-natural habitats are subject to change, species may colonise the site after surveys have taken place and results included in this report may become less reliable over time.
3.1.2 In addition to the above, much of the vegetation associated with the larger drains on site had been recently removed, resulting in a difficulty to assess the vegetation within these areas. Further to this, the removal of this vegetation will have also removed any evidence of water vole or otter activity within these areas.
3.1.3 The Phase 1 survey was not carried out at the optimal time of year, however given the habitats that our present and the predominantly arable the survey was able to assess the overall value of the site with a high degree of confidence. The survey was also sufficient to identify the need for further survey work. Further botanical surveys will be required for some habitats such as the grasslands and drains.
3.2 Habitats Habitats Overview 3.2.1 Fifty-six habitats of principal importance are included on the S41 list, under the Natural Environment and Rural Communities Act. These are all the habitats in England that have been identified as requiring action in the UK Biodiversity Action Plan (UK BAP). They include terrestrial habitats such as upland hay meadows to lowland mixed deciduous woodland, and freshwater and marine habitats such as ponds and subtidal sands and gravels.
3.2.2 As a result of the Phase 1 Habitat Survey, the habitat types listed in Table 2 below were recorded on site.
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Table 2. Habitat Types Recorded on Site Phase 1 Broad Habitat Equivalent Habitat of Note/location Type Principal Importance Boundaries Hedgerows Northern and, eastern boundaries of the site. Cultivated/Disturbed Land Arable field margins Cultivated/Disturbed Land Open mosaic habitats on Target Note 4 previously developed land Open Water Ponds Target Notes 5 and 7 Open Water Rivers Target Notes 1, 2 and 10 Woodland and Scrub Lowland mixed deciduous Target Note 3 woodland
Woodland, Scrub and Trees 3.2.3 Only a single block of woodland was recorded on the site (Target Note 3), located to the west of Paull Road (Photo 1). The woodland is a mix of ash Fraxinus excelsior, sycamore Acer pseudoplatanus elder Sambucus nigra hawthorn Crataegus monogyna and blackthorn Prunus spinosa.
Photo 1. Small copse of woodland adjacent Photo 2. Photograph of tree with roosting to Paull Road. potential.
3.2.4 A number of mature trees with some bat roosting potential were recorded within the woodland (Photo 2). Many of the trees with roosting opportunities contained large amounts of dead wood. A total of five trees were recorded within the woodland as having some potential for roosting bats. These were categorised as being of 2a (high) or
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2b (medium) quality under the BCT guidance.
3.2.5 A small copse of trees (Target Note 6), containing only four mature trees, and some younger sycamores (Photo 3). The copse is open and many of the trees are in poor condition. The trees offer some limited roosting opportunities for bats but are in an exposed located with little connectivity to the rest of the site.
3.2.6 Located to the east of Paull Road is a small area of scrub (Target Note 5), with locked gates from Paul Road. This area appears to have once been used as a nature reserve, as there is evidence of pond dipping platforms and previously maintained paths (Photo 4). Within this area are two ponds (Photo 4), which were dry at the time of survey. The scrub habitat is mature and appears to have been present for approximately ten years. The site does not show any signs of recent management or use.
Photo 3. Small copse of woodland adjacent Photo 4. Decking platforms and dry pond to Paull Road. at Target Note 5.
Area A. The area has this wooden platform which could indicate that the site is a local or private nature reserve.
Area A. Well maintained footpaths run through the site. Obviously Grassland and Marsh someone or an organisation is taking care of the site. 3.2.7 The majority of the site comprises of arable farmland. There are, however, two small areas of grassland. Both of these areas are located in the northwest of the site and within this area there is an area of improved grassland and a smaller area of poor semi-improved grassland.
3.2.8 To the west of Paull road is an area of rough grassland/tall ruderals that is currently
succeeding into scrub (Target Note 8). The area provides good habitat for breeding birds
and potentially reptiles,Area A. although it is thought that due to the amount of disturbance in Most of the site is covered in dense hawthorne scrub. 9 Suitable site for breeding birds. 235.01_001_Phase1_final.doc
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this area that reptiles would be unlikely to be present.
Boundaries 3.2.9 The hedges within the site are all species-poor. The hedgerows to the north are intact and stockproof whilst the hedgerows located to the south are defunct. Although not classed as being ecologically important themselves, these hedgerows do provide nesting opportunities for birds as well as potential commuting routes for bats.
Open Water 3.2.10 There are a number of waterbodies on or adjacent to the site. The two main water features within the site are the Reedmere Sewer (Photo 5) and the Hedon Haven main drain (Photo 6). Both of these water features have the potential for protected species such as water vole or otter. The Hedon Haven drain connects directly to the Humber Estuary (Photo 7) and therefore it is possible that the western sections of the drain could occasionally be used by protected species such as harbour porpoise, seals and other aquatic mammals.
3.2.11 The potential use of Hedon Drain by marine mammals only extends as far as the tidal barrier next to Pollard Clough as access is restricted further up the drain (Photo 8). This barrier would still be able to be passed by otters, however, as the gate is only a few metres wide.
Photo 5. Reedmere Sewer Photo 6. Hedon Haven main drain
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Photo 7. Hedon Haven drain and Humber Photo 8. Tidal barrier Estuary
3.2.12 Throughout the whole of the site are a number of both wet and dry drains. These drains form a network, providing opportunities for both otters and water voles to move through the site.
3.2.13 Three ponds were recorded on the site, however, at the time of survey all were dry. The region as a whole had been unseasonably dry prior to the survey date, resulting in low water levels. Two ponds were recorded within the area of scrub to the west of Paull Road (Target Note 5, Photo 9) and a single pond to the south of Hedon Haven (Target Note 7, Photo 10). Although all three ponds were dry at the time of survey, given appropriate water levels all would be suitable to support breeding amphibians and potentially great crested newts.
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2) Photographs with Comments
Area A. Entrance gate.
Hedon Haven ABP Area A. Reedmere Sewer runs along the southern side of this area. Although dredging of the dike is extensive and damaging to the bank sides the area still looks suitable for water voles and grass snake.
Photo 9. Ponds within wildlife area Photo 10. Pond to the south of the Hedon Haven drain
Area A. Two ponds exist on the site. Due to the exceedingly dry winter the water levels were low in the ponds during the survey but the ponds could still be suitable for breeding great crested newts. Also water vole could exist here when the ponds have higher water levels.
3.3 Species Page 2 of 7 Badgers 3.3.1 A search for badgers was made throughout the site. No evidence of badgers were recorded at the time of survey
Bats 3.3.2 A number of bat roosting opportunities were noted within the study site. The wooded copse to the east of Paull Road (Target note 3) contained a number of mature trees with suitable rot holes. Five trees were identified within the wood as having roosting potential. All five trees were catagorised as being 2a (high potential) or 2b (medium potential) and will require further survey.
3.3.3 To the south of the site, to the west of Newton Garth Cottages, is a mature tree with a number of rot holes suitable for roosting bats (Photo 11).
3.3.4 The buildings associated with Newton Garth Cottages offer a number of roosting opportunities for bats. A full search of the buildings was not undertaken, but features
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such as slipped tiles, missing mortar and gaps in the masonry were noted, suggesting that the buildings offer good potential roosting opportunities (Photo 12).
Photo 11. Mature tree with bat roosting Photo 12. Newton Garth Cottages (Target potential (Target Note 11) Note 12)
3.3.5 Otter
3.3.6 No evidence of otters were recorded at the time of survey. However, watercourses within the site are suitable for otters and it is likely that otters would use the site.
Water Vole 3.3.7 No evidence of water voles were recorded at the time of the survey. However, watercourses within the site are suitable to support breeding water voles.
Amphibians 3.3.8 No evidence of amphibians were recorded at the time of survey. However, the three ponds recorded within the boundary of the site have the potential to support amphibians and potentially could support breeding populations of great crested newts.
Reptiles 3.3.9 No reptiles were recorded at the time of survey. The areas of bare ground/ short ephemeral grassland, scrub and tall ruderals provide good habitat for reptiles, although these areas are fragmented by roads and large arable fields and further surveys are
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recommended (see below).
Birds 3.3.10 The peak counts of birds recorded on the site are shown in Table 3 below. This includes only ‘target species’ of birds with significant conservation value and excludes species such as woodpigeon Columba palumbus and mallard Anas platrynchos which are more common and widespread
Table 3. Peak Counts of Species Survey 1 2 3 4 5 6 7 8 9 Lapwing 69 300 210 100 30 350 200 Golden plover 5,000 500 630 400 200 450 30 Peregrine 1 Curlew 4 26 10 9 79 31 72 Sparrowhawk 1 1 Grey heron 1 Little owl 1
3.3.11 Birds resting on site over the high-tide period were found to be principally concentrated on the short-sward fields to the west of the site, adjacent to the Humber flood banks and south of the Hedon Haven inlet. This area, in closest proximity to the intertidal area, would naturally be expected to be of highest value for the wading birds present on site, and this appears to have been borne out by the survey results to date.
3.3.12 On all surveys, waders arrived on site around 10 minutes before high tide and all left by one hour after high tide.
3.3.13 Large flocks of waders were observed flying over Paull Holme Strays, notably up to 15,000 golden plover on 28 November 2011.
3.3.14 Species observed on the foreshore and tidal channels to the west and north-west of the site included teal, mallard, turnstone, greylag goose, dunlin, knot, redshank, oystercatcher, ringed plover, bar-tailed godwit, redshank, oystercatcher, black-headed gull, herring gull, pink-footed goose and shelduck.
3.3.15 The initial observations are consistent with the site being of moderate to high importance for waders
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4 Assessment 4.1 Legislation and Policy 4.1.1 Section 40 of the Natural Environment and Rural Communities (NERC) Act 2006 places a duty on every public authority to have regard to conserving biodiversity. Section 41 of the same Act requires that the Secretary of State must publish a list of the living organisms and types of habitats that are of ‘Principal Importance’ for the purpose of conserving biodiversity. The Secretary of State must take steps, as appear reasonably practicable, to further the conservation of those living organisms and habitats in any list published under this section. The list of species and habitats of principal importance currently includes 943 species and 56 habitats.
4.1.2 At this stage, allocation for the site within the local plan is being sought. As a result, there are no firm development plans for which ecological impacts can be assessed. The assessment carried out below therefore concentrates on identifying the further survey needs that would allow a full ecological baseline for the site to be developed. This data can then be used to allow impacts to be gauged at a more appropriate stage in the development process.
Hedgerows 4.1.3 Unlike most other habitat types, hedgerows have specific legislation affording them protection. The Hedgerow Regulations 1997 are intended to protect ‘important’ countryside hedgerows from destruction or damage. A hedgerow is considered important if (a) has existed for 30 years or more; and (b) satisfies at least one of the criteria listed in Part II of Schedule 1 of the Regulations. Under the Regulations, it is against the law to remove or destroy certain hedgerows without permission from the local planning authority.
4.1.4 None of the hedgerows within the study site were classed as being ‘important’ on ecological grounds.
4.2 Species Species Overview 4.2.1 The sections below provide an evaluation, description of potential impacts and assessment of ecological effects for each species or group relevant to the study area.
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Badger 4.2.2 Badgers are protected under the Badgers Act 1992. This makes it an offence to willfully kill, injure, take, possess or cruelly ill-treat a badger, or to attempt to do so; or to intentionally or recklessly interfere with a sett. Sett interference includes disturbing badgers whilst they are occupying a sett, as well as damaging or destroying a sett or obstructing access to it. Removal of significant areas of badger foraging habitat may also contravene the Act, as it could be regarded as cruelty.
4.2.3 No signs of badger activity were observed during the site surveys.
Bats 4.2.4 Bats and their habitats are protected under the Wildlife and Countryside Act 1981 (as amended), and by the Conservation of Habitats and Species Regulations 2010. Taken together, these make it an offence to:
a) Deliberately capture, injure or kill a bat; b) Deliberately disturb any bat, in particular any disturbance which is likely to (i) impair their ability to survive, breed, reproduce or to rear or nurture their young; or in the case of hibernating or migratory species, to hibernate or migrate; or (ii) to affect significantly the local distribution or abundance of the species to which they belong. c) To be in possession or control of any live or dead bat or any part of, or anything derived from a bat; d) Damage or destroy a breeding site or resting place of a bat; e) Intentionally or recklessly obstruct access to any place that bat uses for shelter or protection; f) Intentionally or recklessly disturb a bat while it is occupying a structure or place that it uses for shelter or protection.
4.2.5 A bat roost may be any structure a bat uses for breeding, resting, shelter or protection. It is important to note that since bats tend to re-use the same roost sites, current legal opinion is that a bat roost is protected whether or not the bats are present at the time.
4.2.6 Seven bat species are listed in the UK Biodiversity Action Plan and are listed as Species of Principal Importance under the provisions of the NERC Act 2006. PPS9 gives guidance on the treatment of Species of Principal Importance and states that local authorities should
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ensure that they are protected from the adverse effects of development, where appropriate, by using planning conditions or obligations.
4.2.7 At the time of survey only a limited number of features have been recorded which are suitable for roosting bats. These include a number of individual trees and the buildings associated with Newton Garth Cottages. If bats are found in any of these features then their removal may cause an offence under the above legislation.
4.2.8 There are also a number of features within the landscape that have potential as foraging and commuting areas. These include the main drains through the site, areas of scrub and associated hedges and ditches. The loss of these features may result in the loss of feeding grounds and the severance of commuting routes.
4.2.9 Further survey is required in order to establish if bats are using the potential roosting features highlighted and also to assess the use by bats around the site.
Otter 4.2.10 Otters and their habitats are protected under the Wildlife and Countryside Act 1981 (as amended by the CRoW Act 2000), and under Conservation of Habitats and Species Regulations 2010. In summary, these make it an offence to damage, destroy or obstruct any place used by otters for breeding and shelter, disturb an otter, or kill, injure or take any otter.
4.2.11 In addition, otter is a UK Biodiversity Action Plan species and is listed as a Species of Principal Importance under the provisions of the NERC Act 2006.
4.2.12 There is the potential to disturb otters throughout the construction phase of any works close to the water courses within the study site. Any works within these areas also has the potential to cause further damage to potential breeding areas, causing an offence under the above legislation.
4.2.13 Further survey is required to establish if otters are using the site.
Water vole 4.2.14 Water voles are protected under the Wildlife and Countryside Act 1981 (as amended by the CROW Act 2000). This makes it an offence to kill, injure or take any water vole, damage, destroy or obstruct access to any place of shelter or protection that the animals
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are using, or disturb voles while they are using such a place.
4.2.15 In addition, water vole is a UK Biodiversity Action Plan species and is also listed as a Species of Principal Importance under the provisions of the NERC Act 2006.
4.2.16 There is the potential to disturb water voles throughout the construction phase of any works close to the watercourses within the study site. Any works within these areas also has the potential to cause further damage to potential breeding areas, causing an offence under the above legislation.
4.2.17 Further survey is required to establish if water voles are using the site.
Amphibians 4.2.18 Great crested newts and their habitats in water and on land are protected under the Wildlife and Countryside Act 1981 (as amended by the Crow Act 2000) and under the Conservation of Habitats and Species Regulations 2010. Taken together, these make it an offence to:
a) Deliberately capture, injure or kill a great crested newt; b) Deliberately disturb any great crested newt, in particular any disturbance which is likely to (i) impair their ability to survive, breed, reproduce or to rear or nurture their young; or in the case of hibernating or migratory species, to hibernate or migrate; or (ii) to affect significantly the local distribution or abundance of the species to which they belong. c) To be in possession or control of any live or dead great crested newt or any part of, or anything derived from a great crested newt; d) Damage or destroy a breeding site or resting place of a great crested newt; e) Intentionally or recklessly obstruct access to any place that a great crested newt uses for shelter or protection; f) Intentionally or recklessly disturb a great crested newt while it is occupying a structure or place that it uses for shelter or protection.
4.2.19 In addition, great crested newt is a UK Biodiversity Action Plan species and is listed as a Species of Principal Importance under the provisions of the NERC Act 2006..
4.2.20 Should great crested newts be found within the site then any development has the
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potential to disturb, injure of kill great crested newts causing an offence under the above legislation
4.2.21 Further survey is required to establish if great crested newts are present within the area.
Reptiles 4.2.22 All British reptiles are protected under the Wildlife and Countryside Act 1981 (as amended by the CRoW Act 2000). Grass snake, slow worm, common lizard and adder are protected against intentional killing or injury and against sale. In addition, all British reptiles are UK Biodiversity Action Plan species and are listed as Species of Principal Importance under the provisions of the NERC Act 2006.
4.2.23 Should areas of scrub and tall ruderal habitat support reptiles then this habitat loss would result in the potential for reptiles to be killed or injured resulting in an offecne under the above legislation.
4.2.24 Further survey is required to establish if reptiles are using the site.
Birds 4.2.25 All nesting birds are protected under the Wildlife and Countryside Act 1981 (as amended), which makes it an offence to intentionally kill, injure or take any wild bird or take, damage or destroy its nest whilst in use or being built, or take or destroy its eggs. In addition to this, for some rarer species (listed on Schedule 1 of the Act), it is an offence to intentionally or recklessly disturb them while they are nest building or at or near a nest with eggs or young, or to disturb the dependent young of such a bird.
4.2.26 The Birds of Conservation Concern (BOCC) initiativeviii publishes lists of Red and Amber species. Birds on the Red list are of high conservation concern within the UK, while those on the Amber list are of medium conservation concern. In addition, a number of bird species are also included as Species of Principal Importance under the provisions of the NERC Act 2006.
4.2.27 The high-tide surveys undertaken so far indicate that the most important species recorded on site (in terms of numbers recorded) are lapwing Vanellus vanellus, golden plover Pluvialis apricaria and curlew Numenius arquata. These are all birds of high conservation value, being Red or Amber listed under the BOCC, and also linked to the international and national designation of the Humber Estuary (Special Protection Area and
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Site of Special Scientific Interest). The programme of current surveys should be continued to develop a comprehensive understanding of how these birds use the site.
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5 Recommendations 5.1 Further Survey 5.1.1 This Phase 1 survey has provided a baseline of ecological information to describe the main characteristics of the proposed development site. To fully assess the potential ecological impacts of the proposed development, further survey is recommended for the following habitats and species:
• Bats
• Otters and water voles
• Amphibians
• Reptiles
• Breeding birds
• Wetland birds (continuing existing survey programme)
The methods entailed in surveying these habitats and species are outlined below.
5.1.2 In addition to these surveys, a detailed data trawl should be undertaken, contacting recording groups for particular species in the area (e.g. bird and bat groups).
Bats 5.1.3 Bat activity within the proposed development area would be recorded in the period between April and September by walking transects with bat detectors, as described in the Bat Workers’ Manual and Bat Conservation Trust guidance. These methods would provide evidence of feeding areas and important flight routes within the study area.
5.1.4 Tree climbing surveys and/or dusk/dawn surveys on trees within the wooded copse located on Paull Road are recommended to assess if these features are currently being used by roosting bats. In addition should any work be intended to or around Newton Garth Cottages, then further investigation of these through internal/external inspection and/or dusk/dawn surveys may be necessary.
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Otters and Water Voles 5.1.1 A survey for the presence of otter and water vole is required on all of the drains and ditches within the site. The larger watercourses can be surveyed by boat, which is a more effective method of undertaking the survey works. This methodology involves observing and recording the following field signs for otters; spraints, food remains; rolling places, slides down riverbanks, footprints or paths, and shelters (either holts or couches), and for water voles observations include sightings of water voles, sounds of them entering water, latrines showing discrete piles of droppings, tunnel entrances (above and below water), cropped ‘gardens’ or ‘lawns’ around tunnel entrances, feeding stations of chopped vegetation, paths at waters edge, runs in the vegetation and footprints in the mud.
5.1.2 Notes would be taken of riparian habitat type, suitability and quality. The survey will be undertaken during favourable weather conditions, and at a time when water levels are low/normal in the watercourse, to ensure that high water levels had not removed field signs.
Great-Crested Newts 5.1.3 It is recommended that a great-crested newt survey be undertaken of the waterbodies within the survey area. Targeted surveys would be carried out for amphibians using recognised methodologies as described in the Herpetofauna Workers’ Manual, and the Great Crested Newt Mitigation Guidelines. This would initially involve four evening and morning visits in the mid-March to mid-June period. If great crested newts are found on the site, then a further two visits would need to be undertaken in order to assess population size.
Reptiles 5.1.4 A reptile survey is recommended to identify the species present and to also estimate the population size. These surveys would use recognised methodologies as described in the Herpetofauna Workers’ Manual and the Reptile Mitigation Guidelines, and would involve the placement of refuges around site, which would then be checked on a number of occasions at the appropriate time of year.
Birds 5.1.5 To provide data for an assessment of the bird community using the development area, the Common Bird Census technique would be used to produce an estimate of breeding pair numbers within an agreed survey boundary. As the mapping of individual territory
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boundaries is not required for this level of assessment, three visits would be undertaken (one each in April, May and June), instead of the prescribed ten.
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6 References i Joint Nature Conservation Committee (2007) Handbook for Phase I Habitat Survey: A Technique for Environmental Audit. JNCC, Peterborough. ii Institute of Environmental Assessment (1995). Guidelines for Baseline Ecological Assessment. Institute of Environmental Assessment, London. iii Mitchell-Jones, A.J. & McLeish, A.P. (Eds.). (1999) The Bat Workers Manual, 2nd Edition. JNCC, Peterborough. iv Bat Conservation Trust (2007) Bat Surveys – Good Practice Guidelines. Bat Conservation Trust, London. v Harris, S, Cresswell, P & Jeffries, D. (1989) Surveying Badgers. An occasional publication of the mammal society – No 9. Mammal Society, London. vi SNH 1997 Otter Survey vii Strachan, R. (1998). Water vole conservation handbook. English Nature, Environment Agency and the Wildlife Conservation Research Unit, Oxford. viii Easton, M.A. et al (2209) Birds of Conservation Concern 3: The population status of birds in the united Kingdom, Channel Islands and the Isle of Man. British Birds 102, pp296-341
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Appendix 1: Phase 1 Habitat Survey Map and Target Notes
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Target Note 1: Reedmere Sewer. A drainage Ditch running through the northern part of the site. The sewer has the potential to support water voles and otters.
Target Note 2: Hedon Haven. Main drain flowing through the centre of the site. This water course has the potential to support water voles and otters.
Target Note 3: Area of broad-leaved woodland. Dense woodland with some mature trees with features suitable for roosting bats.
Target Note 4: Area of previously developed land, short ephemeral grassland, scrub and tall ruderals. This area has the potential to support reptiles.
Target Note 5: Area of scrub possibly a former wildlife site. The area has two ponds which were dry at the time of survey but have the potential for great crested newts. The site also has the potential to support reptiles.
Target Note 6: A small copse of trees with some limited bat potential.
Target Note 7: A small pond within an arable field. The pond was dry during the survey but does have some potential to support great crested newts when wet.
Target Note 8: An area of scrub, rough grassland and tall ruderals. This area has some potential to support reptiles however, due to the levels of disturbance from dog walkers this may reduce the chance of reptiles being present.
Target Note 9: A series of drainage ditches both wet and dry which criss cross the site. These areas have the potential to support both otters and water voles and provide potential wildlife corridors through the site.
Target Note 10: The esturine section of the Hedon Haven has the potential for Otters as well as marine mammals such as harbour porpoise as the drain at this point becomes tidal and links directly with the Humber Estuary.
Target Note 11: Tree by the side of Newton Clough Cottages which should be classed as a 2a tree under the BCT guidance.
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Target Note 12: The house and buildings associated with Newton Clough Cottages has the potential to support roosting bats. No formal survey was carried out during the phase 1.
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