Benscliffe Hay, Newton Linford Preliminary Ecological Appraisal

BENSCLIFFE HAY, NEWTON LINFORD

PRELIMINARY ECOLOGICAL APPRAISAL

A Report to: Franklin Ellis

Report No: RT-MME-127450-01

Date: April 2018

Triumph House, Birmingham Road, Allesley, Coventry CV5 9AZ Tel: 01676 525880 Fax: 01676 521400 E-mail: [email protected] Web: www.middlemarch-environmental.com Benscliffe Hay, Newton Linford RT-MME-127450-01 Preliminary Ecological Appraisal

REPORT VERIFICATION AND DECLARATION OF COMPLIANCE

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

Report Date Completed by: Checked by: Approved by: Version Amy Finnegan MSc Grad CIEEM (Ecological Tom Docker MSc Dr Philip Fermor Consultant) and Sarah MCIEEM (Ecological Final 11/04/2018 MICEEM CEnv Boulstridge BSc (Hons) Impact Assessment (Managing Director) Grad CIEEM (Principal Manager) Consultant)

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

DISCLAIMER

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

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

VALIDITY OF DATA

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

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NON-TECHNICAL SUMMARY

Middlemarch Environmental Ltd was commissioned by Franklin Ellis to carry out a Preliminary Ecological Appraisal at the site of a proposed development at Benscliffe Hay in Newton Linford. To fulfil this brief an ecological desk study and a walkover survey (in accordance with Phase 1 Habitat Survey methodology) were undertaken.

The desk study exercise identified no European statutory sites within 5 km of the survey area, five UK statutory sites within 2 km and 17 non-statutory sites within 1 km. The site is not located within 10 km of a statutory site designated for bats. The desk study also provided records of protected and notable species including bats, badger, brown hare, reptiles, amphibians, birds, invertebrates and plants.

The walkover survey was undertaken on 20th March 2018 by Amy Finnegan, Ecological Consultant. The eastern portion of the site comprises a residential detached property surrounded by hardstanding and ornamental gardens comprising amenity lawns, scattered trees, introduced shrub and a pond. An access road is present leading from Benscliffe Road. The western portion of the site is dominated by grazed poor semi-improved grassland fields. Other habitats on site include hedgerows tall ruderal vegetation and ditches.

The key ecological features on site/in the locality are adjacent nature conservation sites, the presence of notable habitats (pond, hedgerow, early-mature and mature trees) and the suitability of the habitats on site to support notable and/or protected species, including roosting/foraging bats, herpetofauna, nesting birds and terrestrial mammals. In order to ensure compliance with wildlife legislation and relevant planning policy, the following recommendations are made (full recommendations are made in Section 7):

R1 LWS / pLWS: The proposed works could potentially indirectly impact upon Blakeshay Wood which is designated as a Local Wildlife Site and Newton Linford Rough Hill Wildlife Area which is designated as a Potential Local Wildlife Site. Therefore, a Construction Ecological Management Plan (CEcMP) should be compiled for the site. R2 Habitat Loss and Enhancement: Biodiversity enhancement measures should be incorporated into the landscaping scheme of any proposed works to maximise the ecological value of the site. R3 Protect Standing Water/Ditches: The proposals should be designed to allow for the retention of the pond and ditches on site. Environment Agency Pollution Prevention Guidelines should be adhered to throughout the works. R4 Trees/Hedgerows: The development should be designed to allow for the retention of early- mature/mature trees and hedgerow. Any trees or hedgerows on site, or overhanging the site, which are to be retained as a part of any proposed works should be protected in accordance with British Standard 5837: 2012 "Trees in relation to design, demolition and construction - recommendations". R5 Roosting Bats: If any buildings, or trees identified with bat potential (Target Note 3), are to be impacted by the development then a preliminary bat roost assessment/ground level bat roost assessment should be undertaken. R6 Foraging/Commuting Bats: The lighting strategy for the proposed development should be designed to minimise light spill onto retained site boundary features that are likely to be used by foraging and commuting bats, in particular any hedgerows/adjacent wood. R7 Herpetofauna: It is considered that the adverse impacts on the favourable conservation status of great crested newt and reptiles (if present) can be avoided through the implementation of reasonable avoidance measures. It is recommended that a method statement is compiled, detailing how the proposed works will be undertaken in a sensitive manner to avoid any potential breach of legislation. R9 Nesting Birds: Vegetation and building clearance should be undertaken outside the nesting bird season. The nesting bird season is weather dependent but generally extends between March and September inclusive (peak period March-August). R10 Terrestrial Mammals including Badger, Hedgehog and Brown Hare: Any excavations that need to be left overnight should be covered or fitted with mammal ramps to ensure that any animals that enter can safely escape. R11 Rhododendron: The rhododendron should either remain in situ, or if removed, a Method Statement should be developed to ensure that the proposed works do not result in the spread of any invasive non-native species.

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CONTENTS

1. INTRODUCTION ...... 4

1.1 PROJECT BACKGROUND ...... 4 1.2 SITE DESCRIPTION AND CONTEXT ...... 4 1.3 DOCUMENTATION PROVIDED ...... 4 2. METHODOLOGIES...... 5

2.1 DESK STUDY ...... 5 2.2 PHASE 1 HABITAT SURVEY ...... 5 3. LEGISLATION AND POLICY ...... 6

3.1 GENERAL BIODIVERSITY LEGISLATION AND POLICY ...... 6 3.2 NATIONAL PLANNING POLICY FRAMEWORK AND PRACTICE GUIDANCE ...... 7 3.3 LOCAL PLANNING POLICY- CHARNWOOD ...... 8 4. DESK STUDY RESULTS ...... 10

4.1 INTRODUCTION ...... 10 4.2 NATURE CONSERVATION SITES ...... 10 4.3 PROTECTED / NOTABLE SPECIES ...... 12 4.4 INVASIVE SPECIES ...... 14 5. PHASE 1 HABITAT SURVEY ...... 15

5.1 INTRODUCTION ...... 15 5.2 SURVEY CONSTRAINTS AND LIMITATIONS ...... 15 5.3 HABITATS ...... 15 5.4 FAUNA ...... 17 5.5 INVASIVE PLANT SPECIES ...... 17 6. DISCUSSIONS AND CONCLUSIONS ...... 18

6.1 SUMMARY OF PROPOSALS ...... 18 6.2 NATURE CONSERVATION SITES ...... 18 6.3 HABITATS ...... 18 6.4 PROTECTED/NOTABLE SPECIES ...... 19 6.5 INVASIVE PLANT SPECIES ...... 21 7. RECOMMENDATIONS ...... 22

7.1 NATURE CONSERVATION SITES ...... 22 7.2 HABITATS ...... 22 7.3 PROTECTED / NOTABLE SPECIES ...... 23 7.4 INVASIVE PLANT SPECIES ...... 23 8. DRAWINGS ...... 24 9. PHOTOGRAPHS ...... 26 REFERENCES AND BIBLIOGRAPHY ...... 27 APPENDICES ...... 28

APPENDIX 1 ...... 29 APPENDIX 2 ...... 36

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1. INTRODUCTION

1.1 PROJECT BACKGROUND In February 2018 Franklin Ellis commissioned Middlemarch Environmental Ltd to undertake a Preliminary Ecological Appraisal of the site of a proposed development at Benscliffe Hay, Newton Linford. This assessment is required to inform a planning application associated with the creation of a new driveway.

To assess the existing ecological interest of the site an ecological desk study was carried out, and a walkover survey was undertaken on 20th March 2018. In addition, Middlemarch Environmental Ltd has been commissioned to undertake the following assessments:

• Pre-Development Arboricultural Survey, the findings of this survey are detailed in Report RT-MME- 127450-02. • Biodiversity Enhancement Strategy, the findings of this survey are detailed in Report RT-MME- 127450-03 [in progress].

1.2 SITE DESCRIPTION AND CONTEXT The site is a L-shaped parcel of land of approximately 1.75 ha in size which is located off Benscliffe Road in the village of Newtown Linford, Leicestershire at Ordnance Survey Grid Reference SK 51862 12007.

The eastern portion of the site comprises a residential detached property surrounded by hardstanding and ornamental gardens comprising amenity lawns, scattered trees, introduced shrub and a pond. An access road is present leading from Benscliffe Road. The western portion of the site is dominated by grazed poor semi-improved grassland fields. Other habitats on site include hedgerows tall ruderal vegetation and ditches. The topography of the study area is varied with a general slope down from north to south evident.

The northern boundary of the study area borders the land owned by the neighbouring property whilst the eastern boundary is delineated by Benscliffe Road. To the south is Blakeshay Wood and to the west is further fields. The wider landscape is mainly rural in character dominated by fields and pockets of woodland.

1.3 DOCUMENTATION PROVIDED The conclusions and recommendations made in this report are based on information provided by the client regarding the scope of the project. Documentation made available by the client is listed in Table 1.1.

Document Name / Drawing Number Author Access Works Construction Layout and Details: ADC-1716-DR-130 ADC Infrastructure Access Works General Arrangement: ADC-1716-DR-100 Rev P1 ADC Infrastructure Access Works S184 General Arrangement: ADC-1716-DR-200 Rev P1 ADC Infrastructure Site Plan: 2649/L01 Franklin Ellis Architects Table 1.1: Documentation Provided by Client

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2. METHODOLOGIES

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

The consultees for the desk study were: • Natural England - MAGIC website for statutory conservation sites; and, • Leicestershire & Rutland Environmental Records Centre.

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

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

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

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

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

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

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3. LEGISLATION AND POLICY

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

3.1 GENERAL BIODIVERSITY LEGISLATION AND POLICY Conservation of Habitats and Species Regulations 2017 (The Habitats Regulations 2017) The Habitats Regulations 2017 consolidate and update the Habitats Regulations 2010 (as amended). The Habitat Regulations 2017 are the principal means by which the EEC Council Directive 92/43 (The Habitats Directive) as amended is transposed into English and Welsh law.

The Habitats Regulations 2017 place duty upon the relevant authority of government to identify sites which are of importance to the habitats and species listed in Annexes I and II of the Habitats Directive. Those sites which meet the criteria are, in conjunction with the European Commission, designated as Sites of Community Importance, which are subsequently identified as Special Areas of Conservation (SAC) by the European Union member states. The regulations also place a duty upon the government to maintain a register of European protected sites designated as a result of EC Directive 79/409/EEC on the Conservation of Wild Birds (The Birds Directive). These sites are termed Special Protection Areas (SPA) and, in conjunction with SACs, form a network of sites known as Natura 2000. The Habitats Directive introduces for the first time for protected areas, the precautionary principle; that is that projects can only be permitted having ascertained no adverse effect on the integrity of the site. Projects may still be permitted if there are no alternatives, and there are imperative reasons of overriding public interest.

The Habitats Regulations 2017 also provide for the protection of individual species of fauna and flora of European conservation concern listed in Schedules 2 and 5 respectively. Schedule 2 includes species such as otter and great crested newt for which the UK population represents a significant proportion of the total European population. It is an offence to deliberately kill, injure, disturb or trade these species. Schedule 5 plant species are protected from unlawful destruction, uprooting or trade under the regulations.

The Wildlife and Countryside Act (WCA) 1981 (as amended) The WCA, as amended, consolidates and amends pre-existing national wildlife legislation in order to implement the Bern Convention and the Birds Directive. It complements the Habitat Regulations 2017, offering protection to a wider range of species. The Act also provides for the designation and protection of national conservation sites of value for their floral, faunal or geological features, termed Sites of Special Scientific Interest (SSSIs).

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

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

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

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

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

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

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

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

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

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

In March 2014 the Department for Communities and Local Government released guidance to support the National Planning Policy Framework (NPPF), known as the National Planning Practice Guidance (NPPG).

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

3.3 LOCAL PLANNING POLICY- CHARNWOOD http://www.charnwood.gov.uk/pages/planning

Adopted Local Plan The adopted Local Plan for Charnwood is made up of the Charnwood Local Plan 2011 to 2028 Core Strategy and the saved policies from the Borough of Charnwood Local Plan (2004). None of the saved policies refer to ecology.

Charnwood Local Plan 2011 to 2028 Core Strategy The Core Strategy is the primary document of the Charnwood Local Plan, adopted 9th November 2016. It provides a strategy for delivering growth for Charnwood up to 2028. The new Local Plan will replace the Borough of Charnwood Local Plan 2004. It will be supported by other documents as referred to in the Core Strategy and set out in the Local Development Scheme: • Site Allocations and Development Management Development Plan Document • Proposals Map • Infrastructure Delivery Plan • Neighbourhood Plans • Supplementary Planning Documents

With respect to ecology and biodiversity, the Core Strategy provides the following policy framework.

Policy CS13 – Biodiversity and Geodiversity We will conserve and enhance our natural environment for its own value and the contribution it makes to our community and economy. We will do this by:

Supporting developments that protect biodiversity and geodiversity and those that enhance, restore or re- create biodiversity. We will expect development proposals to consider and take account of the impacts on biodiversity and geodiversity, particularly with regard to: • Sites of Special Scientific Interest; • Local Wildlife Sites; • Regionally Important Geological Sites; • UK and Local Biodiversity Action Plans priority habitats and species; • Protected species; and, • Ecological networks.

We will only support development that results in the loss of ecological or geological features in exceptional circumstances where the benefit of development clearly outweighs the impact on ecology and geodiversity.

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Where there are impacts on biodiversity we will require adequate mitigation; or as a last resort, compensation which results in replacement provision that is of equal or greater value and potential than that which will be lost, and is likely to result in a net gain in biodiversity.

We will consider this by requiring development proposals to be accompanied by ecological surveys and an assessment of the impacts on biodiversity and geodiversity.

We will also work with our partners to secure long term management and investment plans for biodiversity and geodiversity.

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4. DESK STUDY RESULTS

4.1 INTRODUCTION The data search was carried out in March 2018 by Leicestershire & Rutland Environmental Records Centre. All relevant ecological data provided by the consultees was reviewed and the results from these investigations are summarised in Sections 4.2 to 4.4. Selected data are provided in Appendix 1.

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

Proximity Site Name Designation to Survey Description Area UK Statutory Sites Benscliffe Wood contains outcrops of siliceous rocks which support one of the richest Saxicolous lichen floras in the East Midlands. More than thirty species of lichen 265 m Benscliffe Wood SSSI / ARW have been recorded from a small area, all of them north growing on pre-Cambrian rocks of the Maplewell Series which are subjected to varying degrees of shading from the surrounding woodland and scrub. Bradgate Park is one of the finest remaining examples of ancient parkland in Leicestershire. It contains some of the last remaining fragments of wet heathland in the County. Bradgate Park and 540 m Cropston Reservoir exhibits unusual marginal plant SSSI / ARW Cropston Reservoir south east communities. Both areas support diverse breeding bird communities and several nationally important geological features are located in the Park. Hallgate Hill Spinney forms part of the northern extent of this conservation site. The site supports a series of semi-natural habitats representative of those formerly more widespread on the siliceous clay soils of Charnwood Forest. These include permanent grassland, heath, woodland and wetlands. 950 m While each habitat is important on its own, the Ulverscroft Valley SSSI west combination produces one of the best wildlife Sites in Leicestershire. The wet grasslands have no equivalent in the County. Over 200 plant species have been recorded, some rare in Leicestershire, and there are mammals, insects and birds of note. The site supports an unusually diverse community of fungi associated with old unimproved grassland, including a number of species listed in the provisional Red Data 1,120 m List for fungi which are restricted in their distribution in Roecliffe Manor Lawns SSSI east England to such habitats. This type of habitat and its associated rich fungal assemblage is a rare feature in Leicestershire and is generally scarce in the United Kingdom and across much of western Europe. The site includes some of the best remaining examples of Swithland Wood and The SSSI / 1,405 m oak-lime and alder woodland in Leicestershire and is Brand ASNW east representative of ancient woodland on somewhat acid, loamy soils in the English Midlands. Non-statutory Sites Ancient semi- natural woodland and acid Adjacent to LWS / grassland. The ancient woodland has a different Blakeshay Wood southern ASNW boundary to the LWS (290 m south-west of the site at its boundary closest point). Adjacent to Newtown Linford, pLWS northern No information provided. Rough Hill Wildlife Area boundary Table 4.1: Summary of Nature Conservation Sites (continues)

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Proximity to Site Name Designation Description Survey Area Three areas of semi-improved neutral grassland, 150 m north together supporting a wide variety of floral species and Newtown Linford, Ling Hill pLWS east some young planted broadleaved trees. Pond has broad-leaved pondweed. Roecliffe Hill and Golf- 230 m north pLWS No information provided. Course Plantations east Benscliffe Hay Meadow & Mesotrophic grassland, pond, Red Data Book species LWS 235 m south Pond and species-rich hedgerows. 380 m south Hedgerow pLWS No information provided. east 405 m south Hunt's Hill pLWS No information provided. east Warren Hill Wood pLWS 405 m east No information provided. Scrub, Heath Grassland, pLWS 470 m west No information provided. Marsh and Outcrop Rock Bell's Wood LWS 525 m north Broad-leaved woodland. Benscliffe Wood, Grass pLWS 545 m west No information provided. track 590 m south Mesotrophic/acid grassland and Red Data Books Blakeshay Wood Field LWS west species, with scrub. Strip Field - Sandhills LWS 675 m south Mesotrophic grassland and stream. Wood LWS / 825 m south Leicester Hill Wood No information provided. ASNW west Wet woodland, woodland, mesotrophic grassland, Red 850 m south Mill House LWS Data Book species and brook, with pond and species- west rich hedgerow. 1,000 m Christmas Tree Field LWS Wet acid grassland. south Roecliffe Manor LWS 1,000 m east Acid grassland and Red Data Book species. Grasslands Ancient Woodland Sites 1,230 m Nowell Spring Wood ARW No information provided. west ASNW / 1,440 m Johns Lee Wood No information provided. ARW south west 1,580 m Stoneywell Wood ASNW No information provided. west ASNW / 1,905 m Bushy Field Wood No information provided. ARW south west Key: SSSI: Site of Special Scientific Interest ARW: Ancient Replanted Woodland ASNW: Ancient Semi-Natural Woodland LWS: Local Wildlife Site pLWS: potential/proposed Local Wildlife Site Table 4.1: Summary of Nature Conservation Sites

The survey also falls within SSSI Impact Risk Zones for Bradgate Park and Cropston Reservoir and Benscliffe Wood SSSI’s (discussed above in Table 4.1).

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

Most Proximity of Species of No. of Legislation / Species Recent Nearest Record Principal Records Conservation Status Record to Study Area Importance? Mammals - Bats Brown long-eared bat ECH 4, 7 2014 On site ✓ Plecotus auritus WCA 5, WCA 6 Common pipistrelle ECH 4, 22 2015 380 m east - Pipistrellus pipistrellus WCA 5, WCA 6 Noctule bat ECH 4, 16 1998 380 m east ✓ Nyctalus noctula WCA 5, WCA 6 Soprano pipistrelle ECH 4, 12 2015 380 m east ✓ Pipistrellus pygmaeus WCA 5, WCA 6 Whiskered bat ECH 4, 1 2014 380 m east - Myotis mystacinus WCA 5, WCA 6 Unidentified Myotis ECH 4, 2 2014 380 m east - Myotis sp. WCA 5, WCA 6 Unidentified bat 6 2014 580 m east # # Chiroptera sp. Natterer's bat ECH 4, 1 2014 950 m south - Myotis nattereri WCA 5, WCA 6 Serotine bat Potentially within ECH 4, 2 1998 - Eptesicus serotinus 1km* WCA 5, WCA 6 Mammals - Others Badger 9 2015 † - WCA 6, PBA Meles meles Brown hare 4 2015 620 m south ✓ - Lepus europaeus Reptiles Common lizard WCA 5 S9(1) 13 2013 410 m north ✓ Zootoca vivipara WCA 5 S9(5) Adder 690 m south WCA 5 S9(1) 4 2013 ✓ Vipera berus east WCA 5 S9(5) Slow-worm 860 m south WCA 5 S9(1) 1 2013 ✓ Anguis fragilis east WCA 5 S9(5) Amphibians Common toad 1 2016 410 m north ✓ WCA 5 S9(5) Bufo bufo Common frog 860 m south 5 2014 - WCA 5 S9(5) Rana temporaria east Palmate newt 860 m south 6 2013 - WCA 5 S9(5) Lissotriton helveticus east Smooth newt 860 m south 7 2013 - WCA 5 S9(5) Lissotriton vulgaris east Great Crested newt 890 m south ECH 2, ECH 4, 2 2013 ✓ Triturus cristatus east WCA 5 Birds Redwing 3 2010 < 5 m north east - WCA1i Turdus iliacus Barn owl 1 2009 460 m north - WCA1i Tyto alba Brambling 4 2012 460 m north - WCA1i Fringilla montifringilla Common crossbill 26 2014 460 m north - WCA1i Loxia curvirostra Table 4.2: Summary of Protected/Notable Species Records Within 1 km of Survey Area (continues)

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Most Proximity of Species of No. of Legislation / Species Recent Nearest Record Principal Records Conservation Status Record to Study Area Importance? Fieldfare 2 2010 460 m north - WCA1i Turdus pilaris Hobby 5 2008 460 m north - WCA1i Falco subbuteo Red kite Potentially within 2 2002 - WCA1i Milvus milvus 1km* Invertebrates White-clawed freshwater ECH 2, Crayfish 1 2001 960 m south ✓ WCA 5 S9(1) Austropotamobius pallipes WCA 5 S9(5) Key: †: Badger records are confidential and therefore proximity is not provided within the report. *: Grid reference provided was four figures only.

ECH 2: Annex II of the European Communities Council Directive on the Conservation of Natural Habitats and Wild Fauna and Flora. Animal and plant species of community interest whose conservation requires the designation of Special Areas of Conservation. ECH 4: Annex IV of the European Communities Council Directive on the Conservation of Natural Habitats and Wild Fauna and Flora. Animal and plant species of community interest in need of strict protection. PBA: Protection of Badgers Act 1992.

WCA 1i: Schedule 1 Part 1 of Wildlife and Countryside Act 1981 (as amended). Birds protected by special penalties at all times. WCA 5: Schedule 5 of Wildlife and Countryside Act 1981 (as amended). Protected animals (other than birds). WCA 5 S9(1): Schedule 5 Section 9(1) of Wildlife and Countryside Act 1981 (as amended). Protected animals (other than birds). Protection limited to intentional killing, injury or taking. WCA 5 S9(5): Schedule 5 Section 9(5) of Wildlife and Countryside Act 1981 (as amended). Protected animals (other than birds). Protection limited to selling, offering for sale, processing or transporting for purpose of sale, or advertising for sale, any live or dead animal, or any part of, or anything derived from, such animal. WCA 6: Schedule 6 of Wildlife and Countryside Act 1981 (as amended). Animals which may not be killed or taken by certain methods.

Note. This table does not include reference to the Berne Convention (Convention on the Conservation of European Wildlife and Natural Habitats), the Bonn Convention on the Conservation of Migratory Species of Wild Animals or the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Table 4.2: Summary of Protected/Notable Species Records Within 1 km of Survey Area

Birds The desk study provided records of seventeen species of bird that are listed as Species of Principal Importance for Nature Conservation in England, comprising; bullfinch Pyrrhula pyrrhula, cuckoo Cuculus canorus, dunnock Prunella modularis, grey partridge Perdix perdix, lapwing Vanellus vanellus, lesser redpoll Acanthis cabaret, linnet Linaria cannabina, marsh tit Poecile palustris, nightjar Caprimulgus europaeus, reed bunting Emberiza schoeniclus, ring ouzel Turdus torquatus, skylark Alauda arvensis, song thrush Turdus philomelos, spotted flycatcher Muscicapa striata, tree pipit Anthus trivialis, tree sparrow Passer montanus and yellowhammer Emberiza citronella.

Invertebrates The desk study provided records of ten species of moth and two species of butterfly located within a 1 km radius of the survey area that are listed as Species of Principal Importance, comprising; small heath butterfly Coenonympha pamphilus, blood-vein moth Timandra comae, forester moth Adscita statices, garden tiger moth Arctia caja, small square-spot moth Diarsia rubi and white ermine moth Spilosoma lubricipeda.

Plants The desk study also provided records of sixteen species listed as priority species on the Local Biodiversity Action Plan, comprises: creeping forget-me-not Myosotis secunda, fragrant agrimony Agrimonia procera, heath spotted orchid Dactylorhiza maculata subsp. ericetorum, lemon-scented fern Oreopteris limbosperma, marsh violet Viola palustris and star sedge Carex echinata.

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4.4 INVASIVE SPECIES No records of invasive species were provided within a 1 km radius of the survey area within the desk study. It should be noted that the absence of records should not be taken as confirmation that a species is absent from the search area.

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5. PHASE 1 HABITAT SURVEY

5.1 INTRODUCTION The results of the Phase 1 Habitat Survey are presented in the following sections. An annotated Phase 1 Habitat Survey Drawing (Drawing C127450-01-01) is provided in Chapter 8. This drawing illustrates the location and extent of all habitat types recorded on site. Any notable features or features too small to map are detailed using target notes. Photographs taken during the field survey are presented in Chapter 9.

The survey was carried out on 20th March 2018 by Amy Finnegan (Ecological Consultant). Table 5.1 details the weather conditions at the time of the survey.

Parameter Condition Temperature (ºC) 4 Cloud (%) 80 Wind (Beaufort) F2-3 Precipitation Intervals of light rain Table 5.1: Weather Conditions During Field Survey

5.2 SURVEY CONSTRAINTS AND LIMITATIONS March is not an optimal time for completing botanical assessments however, given the nature of the habitats present, this was not considered to be a significant constraint to a robust initial site assessment.

5.3 HABITATS The following habitat types were recorded on site during the field survey: • Amenity grassland; • Buildings; • Dry ditch; • Fence; • Hardstanding; • Introduced shrubs; • Poor semi improved grassland; • Scattered trees; • Species-poor hedgerows; • Standing water; • Tall ruderal; and, • Wet ditch.

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

Amenity grassland Areas of mown amenity grassland surrounded the main house and extended to the south. This habitat continued to line the driveway within the east of the site. Species recorded included perennial rye grass Lolium perenne, white clover Trifolium repens, ground ivy Glechoma hederacea, yarrow Achillea millefolium and dove’s-foot crane’s-bill Geranium molle. Occasional dandelion Taraxacum sp. and small amounts of spear thistle Cirsium vulgare were also noted.

Buildings A large property was situated in the north of the site. The building was two to three storeys of stone construction with double glazed windows and both wooden and PVC doors. The property had multiple pitched slate roofs. Some minor gaps were noted between the slate tiles.

A wooden outbuilding with a pitched slate roof was located to the south of the main building within an area of poor semi-improved grassland (Target Note 6). The County Ecologist was consulted regarding the proposed

Middlemarch Environmental Ltd. Page 15 Benscliffe Hay, Newton Linford RT-MME-127450-01 Preliminary Ecological Appraisal development and confirmed that the building was a bat barn, constructed as part of previous works on site (full details were not provided). No access to this building was available as the time of the survey, however a number of gaps were noted between the tiles. Wooden compost boxes were noted to the west of the outbuilding.

Dry ditch A dry ditch was noted along the western extent of the southern boundary. The ditch comprised earth and clay, with no water or aquatic vegetation noted. The banks were at a 45-degree angle on both sides and the channel was 1 m wide.

Fence Wooden post fencing delineated the fields in the west of the site. A chain-link fence also ran along the northern boundary. The fences were generally in good condition and ranged in height between 1 and 1.5 m.

Hardstanding The driveway was of concrete, stone and gravel construction. Around the edges of the house were pathways made of concrete and stone slabs. This habitat was devoid of any notable vegetation.

Introduced shrubs Shrub beds were present around the pond and scattered across the site. This was dominated by large amounts of rhododendron Rhododendron sp., which measured approximately 2 m in height. Low planted shrubs were also noted such as hebe Hebe sp., Oregon grape Mahonia aquifolium, firethorn Pyracantha coccinea, heather Calluna vulgaris, ornamental ivy Hedera sp., common polypody Polypodium vulgare, oleaster Elaeagnus sp., ornamental hair grass Deschampsia sp. and crocus Crocus sp.

Poor semi improved grassland An area of poor semi-improved grassland was situated to the south of the garden area with a sward height of between 0.1- 0.2 m. The fields to the west also comprised poor semi-improved grassland, however the sward height was more variable, between 0.1-0.4 m, as these fields were grazed by horses at the time of the survey (Target Note 1). Species included cock’s foot Dactylis glomerata, false oat-grass Arrhenatherum elatius, yarrow, broad-leaved dock Rumex obtusifolius, ribwort plantain Plantago lanceolata, dove’s foot crane’s bill, dandelion, ground ivy, white clover and spear thistle.

Scattered trees Scattered mature and early mature trees were present on site including English oak Quercus robur and ash Fraxinus excelsior, ranging in heights from 10-17 m. Other specimens included young English oak scattered within the central and southern site areas as well as goat willow Salix caprea and silver birch Betula pendula. Other trees were present within the southern area of the site, which included young douglas fir Pseudotsuga menziesii, larch Larix decidua, black pine Pinus nigra, scots pine Pinus sylvestris, holly Ilex aquifolium and beech Fagus sylvatica. These trees abutted a mixed plantation woodland off site to the south (Target Note 5).

A number of specimens contained split branches, holes, large cavities, and peeling bark. Bat boxes were also noted on a number of the trees (Target Note 4). For full details of the trees on site please refer to Pre- development Arboricultural Survey, Report RT-MME-127450-02.

Species-poor hedgerows Several hedgerows were present on site, these are labelled on drawing C127450-01-01 for ease of reference and are further described below:

H1 was a species-poor defunct hedgerow comprising hawthorn Crataegus monogyna, holly, elder Sambucus nigra and beech. This hedgerow was partially managed with several gaps noted. It was c.1.5 m high and c.0.5 m wide, with an understory of amenity grass.

H2 was a species-poor intact hedgerow dominated by beech. The hedge measured c.2 m high and c.0.5 m wide and was partially managed. The understory comprised cleavers Galium aparine.

H3 was a species-poor defunct hedgerow composed of yew Taxus baccata. The hedge was managed and measured c.1 m high and c.0.1 m wide.

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H4 comprised small sections of species-poor defunct beech hedge. The hedges were managed and measured c.1 m high and c.0.2 m.

H5 was a species-poor defunct hedgerow composed of hawthorn and hazel Corylus avellane. The hedgerow was partially managed with an understory of poor semi improved grassland and cow parsley Anthriscus sylvestris.

H6 and H7 were species-poor intact hedgerows comprising hawthorn, holly and English oak, both were c.1.5 high, c.1.5 m wide, partially managed with an understory of amenity grassland.

Standing water A pond was located in the south of the site, which was approximately 1.5 m deep and measured 600 m2 in area. The water clarity was good with minimal shading. Submerged aquatic species included pondweed Potamogeton sp., water lilies Nymphaeaceae sp., reedmaceTypha sp. and pendulous sedge Carex pendula with soft-rush Juncus effusus at the edges. There was also a duck house in the middle of the pond, however no sign of waterfowl or any impacts from waterfowl were recorded. A rockery feature was located to the north of the pond.

Tall ruderal Small areas of tall ruderal vegetation were present around the margins of the pond. This was dominated by willowherb Epilobium sp.

Wet ditch A wet ditch ran along the driveway in the east of the site. A small amount of water was present at the time of the survey (approximately 0.2 m of stagnant water) which is likely to be a result of flooding. The bed of the ditch was composed of earth and clay, and the banks were made of earth. No aquatic vegetation was present within this ditch; however, some grass was noted along the banks. The banks had a 45-degree angle on both sides and the channel was c.0.5 m wide.

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

Birds The following bird species were observed on site during the field survey: blue tit Parus caeruleus, woodpigeon Columba palumbus, blackbird Turdus merula, buzzard Buteo buteo and crow Corvus corone.

5.5 INVASIVE PLANT SPECIES Large areas of rhododendron were noted within the shrub beds around the pond. Rhododendron ponticum is listed on Schedule 9 of the Wildlife and Countryside Act 1981 (as amended) which make it an offence to cause this species to spread in the wild.

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6. DISCUSSIONS AND CONCLUSIONS

6.1 SUMMARY OF PROPOSALS Plans indicate that the proposals for the site involve the creation of a new driveway to the existing property across the poor semi-improved grassland field. The existing driveway will be reduced to form a footpath. New landscaped areas will be created adjacent to the footpath and new driveway.

6.2 NATURE CONSERVATION SITES The desk study exercise identified no European statutory sites within 5 km of the survey area, five UK statutory sites within 2 km and 17 non-statutory sites within 1 km. The site is not located within 10 km of a statutory site designated for bats. The significance of these sites to the proposed development is discussed below.

UK Statutory Sites The closest SSSI is Benscliffe Wood located 265 m north of the survey area. Bradgate Park and Cropston Reservoir is also located 540 m south-east. The survey area falls within ‘risk zones’ associated with these sites, however the nature and scale of the planning proposal does not fall into any of the categories of concern. The proposed development is therefore unlikely to pose a risk to these SSSIs.

The remaining UK Statutory Sites are in excess of 950 m from the survey area. Taking into consideration the distance separating these sites from the survey area and the nature and scale of the proposal, the risk of adverse impacts is considered negligible.

Non-Statutory Sites Two non-statutory sites are located adjacent to the survey area. Blakeshay Wood LWS is located adjacent to the southern boundary, whilst Newton Linford Rough Hill Wildlife Area pLWS is located adjacent to the northern boundary. There is the potential for the construction of the driveway to cause damage/disturbance the adjacent habitats/species within these sites. Potential impacts include, accidental damage to tree roots, dust deposition inhibiting growth of flora and disturbance due to noise and lighting. It is considered that these impacts can be minimised by via the production of a Construction Ecological Management Plan (as recommended in Section 7.2).

The remaining non-statutory sites are located in excess of 150 from the survey area. Taking into consideration the distance separating these sites from the survey area and the nature and scale of the proposal, the risk of adverse impacts is considered negligible.

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

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

Scattered trees Early-mature and mature trees are of intrinsic value as the cannot be easily replaced in the short to medium term. It is understood that a number of trees will be removed to facilitate the construction of the driveway. Recommendations regarding retention and protection of trees are made within Section 7.2.

Species-poor hedgerows A hedgerow is defined as any boundary line of trees or shrubs over 20 m long and less than 5 m wide, and where any gaps between the trees or shrub species are less than 20 m wide (Bickmore, 2002). All hedgerows consisting predominantly (i.e. 80% or more cover) of at least one woody UK native species are listed as a Habitat of Principal Importance in England. The hedgerows on site (with the exception of hedgerow H4) meet with these criteria. Hedgerows also provide valuable wildlife corridors with the potential

Middlemarch Environmental Ltd. Page 18 Benscliffe Hay, Newton Linford RT-MME-127450-01 Preliminary Ecological Appraisal to support a range of protected and notable species as discussed in Section 6.4. Hedgerows are therefore a notable consideration with respect to the proposed development. Proposed plans indicate that sections of hedgerow H1 will be removed to facilitate the development. A recommendation regarding the retention/protection of this habitat is made within Section 7.2.

Standing water ‘Ponds’ are a Habitat of Principal Importance for Nature Conservation in England if they meet one or more of the relevant criteria (e.g. contain species of high conservation importance, such as great crested newt). An initial site visit does not allow ponds to be assessed for these criteria and as such, there is potential for the ponds on site to qualify as Habitats of Principal Importance for Nature Conservation in England. It is understood that the pond on site will be retained as part of the development however there is a risk for indirect impacts such as polluted run-off entering the waterbody. A recommendation regarding retention and protection is made within Section 7.2.

Ditches Ditches are not a Habitat of Principal Importance in England, however they may form part of a network of ditches within the surrounding area. A recommendation regarding the protection of retained ditch features is made in Section 7.2.

Built environment Buildings, hardstanding and fence are common habitat types and can easily be replaced post development. The potential for the buildings to support protected/notable species is discussed in Section 6.4.

Amenity grassland, poor semi-improved grassland, scrub, introduced shrub, tall ruderal These habitats are not deemed to be a notable consideration as they are not Habitats of Principal Importance nor are they listed as priority habitats on the Local BAP. In addition, they are well represented locally, have low species diversity or can be easily recreated post development. The potential for these habitats to support protected/notable species is discussed in Section 6.4.

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

Habitat of Principal Local BAP Habitat Type Summary of Potential Impacts Importance? Habitat? Direct loss, damage or disturbance, root Scattered trees - - compaction Direct loss, damage or disturbance, root Species-poor hedgerow ✓ - compaction Standing water # - Indirect impacts e.g. pollution Ditches - - Indirect impacts e.g. pollution #Dependent on fulfilment of Habitat of Principal Importance Criteria Table 6.1: Summary of Potential Impacts on Notable Habitats

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

Mammals Bats The desk study provided records of at least seven species of bat within a 1 km radius of the survey area. The closest record was of brown long eared which correlated to the survey area.

Several trees with bat roosting potential (Target Note 3) such as split branches, holes, large cavities, and peeling bark were recorded on site. Current plans suggest that these trees will not be impacted by the proposed works. The main house and bat barn contained several features such as gaps between tiles which provide potential ingress points/roosting locations for bats. At present it is unknown whether the buildings will

Middlemarch Environmental Ltd. Page 19 Benscliffe Hay, Newton Linford RT-MME-127450-01 Preliminary Ecological Appraisal be impacted as part of the development. Precautionary recommendations regarding roosting bats are made within Section 7.3.

The hedgerows, scattered trees, standing water and shrub planting provide foraging and commuting habitats for bats, with links to high quality bat habitat in the immediate surrounding which includes large blocks of woodland. The loss of a small number of trees and hedgerow is not considered to have a detrimental impact on foraging/commuting bats, however any additional lighting along the driveway has the potential to disturb existing foraging/commuting routes. A recommendation regarding lighting is made within Section 7.3.

Badger The desk study provided nine records of badger within a 1 km radius of the survey area. The exact location of badger records is confidential due to animal welfare reasons. The site itself offers some sett building habitat including the understory of hedgerow and the edges of the poor semi improved grassland, however no evidence of badger was noted during the site assessment. The woodland abutting the southern boundary offers highly suitable habitat. Badgers are therefore considered likely to occasionally pass through the site. Badgers are a notable consideration in relation to the proposed development and recommendations are made within Section 7.3.

Hedgehog The desk study provided no records of hedgehog within a 1 km radius of the survey area. The grassland, shrub, ruderals and hedgerows offer suitable foraging and refuge opportunities for hedgehog, with links to suitable habitat in the surrounding area. Therefore, it is considered likely that hedgehogs use the site. To prevent any harm to this species during the construction phase a recommendation regarding foraging terrestrial mammals is made in Section 7.3.

Brown hare The desk study provided four records of brown hare within a 1 km radius of the survey area. The closest record is located 620 m south. The surrounding farmland offers suitable habitat for brown hare therefore there is potential for brown hare to occasionally pass through the site. A precautionary recommendation regarding foraging terrestrial mammals is made within Section 7.3.

Amphibians The desk study provided two records of great crested newt within a 1 km radius of the survey area. The closest record is located 890 m south-east. 19 records of common amphibians were also provided.

The pond offers potentially suitable breeding habitat for amphibians, including great crested newt. This pond is understood to have been relatively recently created and will not be directly impacted by the works. A large proportion of the site offers sub-optimal terrestrial habitat for amphibians; however pockets of suitable habitat are present in the form of ruderals, longer areas of grassland, and hedgerow. Reference to Ordnance Survey mapped data and aerial imagery indicates that there are 13 additional ponds within a 500 m radius of the site. The closest is located 110 m west.

The County Ecologist was consulted regarding the proposed works and was of the view that, even if great crested were present within the pond on site, their favourable conservation status could be easily maintained by reasonable avoidance measures. A recommendation reflecting this is made within Section 7.3.

Reptiles The desk study provided 15 records of reptiles (lizard, adder, slow worm) within a 1 km radius of the survey area. The closest record is located 410 m north. Whilst a large proportion of the site offers sub-optimal terrestrial habitat for reptiles, pockets of suitable habitat are present in the form of ruderals, longer areas of grassland, and hedgerow. Given the relatively small scale of the proposed works the risk posed to reptiles is considered low. However, to reduce this risk to negligible a reasonable avoidance measures should be implemented. A recommendation is provided within Section 7.3.

Birds The desk study provided records of seven Schedule 1 bird species within a 1 km radius of the survey area. These species are unlikely to nest on site because it does not fall within their specific breeding ranges and/or contain their specific habitat requirements.

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Several common bird species were observed on site during the field survey. The buildings, hedgerow, scattered trees and shrub beds offer suitable nesting habitat for a range of common bird species, such as those recorded during the field survey. If any building/vegetation removal is required during the bird nesting season there is potential for impact on nesting birds. As such a recommendation is made within Section 7.3. Due to the presence of alternative nesting and foraging habitat in the locality it is considered that the works should not adversely impact birds in the long term. Nevertheless, as some losses will occur, enhancement recommendations are provided within Section 7.2.

Invertebrates Aquatic invertebrates The desk study provided a single record of white clawed crayfish located 960 m south of the survey area. The is no suitable habitat for white-clawed crayfish on or immediately adjacent to the survey area. White clawed crayfish are therefore not a notable consideration in relation to the proposed development.

Terrestrial invertebrates The desk study provided several records of moth and butterfly species listed as Species of Principal Importance. Whilst the site may provide some suitable habitat for these species, taking into consideration the relatively small-scale nature of the works and presence of alternative habitat in the locality, no long-term impact on notable invertebrates is anticipated. A recommendation for general habitat enhancement which would increase the value of the site for invertebrates is made within Section 7.2.

Plants The desk study provided several records of notable plant species within a 1 km radius of the survey area. No notable plant species were recorded on site during the field survey, however this was undertaken at a sub- optimal time for botanical assessments. Despite this it considered unlikely any notable species would be present given the common nature of the habitats present on site.

Other Species The following protected species are not considered to be material considerations due to the lack of desk study records and absence of suitable habitats within the development site and its surroundings: dormouse Muscardinus avellanarius, water vole Arvicola amphibious and otter Lutra lutra.

Summary Species considered to be of relevance to the proposed development are summarised in Table 6.2.

Species of Principal Species / Species Group Summary of Potential Impacts Importance? Direct harm/injury, habitat loss, fragmentation through Bats # increases in lighting Badger - Direct harm/injury, habitat loss Brown hare ✓ Direct harm/injury Hedgehog ✓ Direct harm/injury, habitat loss Amphibians # Direct harm/injury, habitat loss Reptiles ✓ Direct harm/injury, habitat loss Birds # Direct harm/injury, habitat loss #Species dependent Table 6.2: Summary of Potential Impacts on Notable Species

6.5 INVASIVE PLANT SPECIES Large areas of rhododendron were noted within the shrub beds around the pond. Rhododendron ponticum is listed on Schedule 9 of the Wildlife and Countryside Act 1981 (as amended) which make it an offence to cause this species to spread in the wild. It is not anticipated that this area will be disturbed by the proposed works however a precautionary recommendation is made within Section 7.4.

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7. RECOMMENDATIONS

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

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

7.1 NATURE CONSERVATION SITES The following recommendation is made regarding nature conservation sites:

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

R2 Habitat Loss and Enhancement: In accordance with the provision of Chapter 11 of the National Planning Policy Framework (Conserving and Enhancing the Natural Environment) and Local Planning Policy [Policy CS13 Biodiversity and Geodiversity], biodiversity enhancement measures should be incorporated into the landscaping scheme of any proposed works to maximise the ecological value of the site. This will involve, for example: o Planting of habitats which will be of value to wildlife, such as: ▪ native seed/fruit bearing species ▪ nectar-rich species to attract bees and butterflies ▪ species which attract night flying insects which will be of value to foraging bats, for example: evening primrose Oenothera biennis, goldenrod Solidago virgaurea, honeysuckle Lonicera periclymenum and fleabane Pulicaria dysenterica. o Provision of nesting/roosting habitat, such as installation of nest boxes for species such as house sparrow, dense scrub or native thicket for species such as song thrush, and bat boxes for species such as pipistrelle. o Creation of terrestrial habitat suitable to support great crested newts.

R3 Protect Standing Water/Ditches: The proposals should be designed to allow for the retention of the pond and ditches on site. Environment Agency Pollution Prevention Guidelines should be adhered to throughout the works. Although formerly withdrawn in December 2015, the guidelines provide a framework for the design of working practices to avoid pollution and siltation. PPG5 (Environment Agency et al, 2007), relating to works and maintenance in or near water, is considered to be of relevance to the proposed project.

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R4 Trees/Hedgerows: The development should be designed to allow for the retention of early- mature/mature trees and hedgerow. Any trees or hedgerows on site, or overhanging the site, which are to be retained as a part of any proposed works should be protected in accordance with British Standard 5837: 2012 "Trees in relation to design, demolition and construction - recommendations". Protection should be installed on site prior to the commencement of any works on site.

7.3 PROTECTED / NOTABLE SPECIES To ensure compliance with wildlife legislation and relevant planning policy [Policy CS13 Biodiversity and Geodiversity], the following recommendations are made:

R5 Roosting Bats: If any buildings or trees identified with bat potential (Target Note 3) are to be impacted by the development then a Preliminary bat roost assessment/ground level bat roost assessment should be undertaken. Preliminary roost feature inspections can be completed at any time of year. Preliminary roost assessments can be completed at any time of year. Dependent upon the results of the preliminary assessment, nocturnal emergence and dawn re-entry surveys could be required. Surveys should be undertaken in line with best practice survey guidelines (Collins, 2016), during the bat activity season. The bat activity season is considered to extend from May to September (inclusive), with the optimum survey period between mid-May and August (inclusive).

R6 Foraging/Commuting Bats: The lighting strategy for the proposed development should be designed to minimise light spill onto retained site boundary features that are likely to be used by foraging and commuting bats, in particular any hedgerows/adjacent wood. Best practice recommendations with regard to lighting and biodiversity are described in ‘Landscape and urban design for bats and biodiversity’ (Gunnell et al, 2012).

R7 Herpetofauna: It is considered that the adverse impacts on the favourable conservation status of great crested newt and reptiles (if present) can be avoided through the implementation of reasonable avoidance measures. It is recommended that a method statement is compiled, detailing how the proposed works will be undertaken in a sensitive manner to avoid any potential breach of legislation. This document should describe working methods, timings and should detail any ecological control measures that will be implemented e.g. vegetation management and ecological supervision. This may be produced as a standalone document or incorporated within the Construction Ecological Management Plan.

R8 Nesting Birds: Vegetation and building clearance should be undertaken outside the nesting bird season. The nesting bird season is weather dependent but generally extends between March and September inclusive (peak period March-August). If this is not possible then any vegetation/buildings to be removed or disturbed should be checked by an experienced ecologist for nesting birds immediately prior to works commencing. If birds are found to be nesting any works which may affect them would have to be delayed until the young have fledged and the nest has been abandoned naturally, for example via the implementation of an appropriate buffer zone (species dependent) around the nest in which no disturbance is permitted until the nest is no longer in use.

R9 Terrestrial Mammals including Badger, Hedgehog and Brown Hare: Any excavations that need to be left overnight should be covered or fitted with mammal ramps to ensure that any animals that enter can safely escape. Any open pipework with an outside diameter of greater than 120 mm must be covered at the end of each work day to prevent animals entering/becoming trapped.

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

R10 Rhododendron: The rhododendron should either remain in situ, or if removed, a Method Statement should be developed to ensure that the proposed works do not result in the spread of any invasive non-native species. This method statement should reflect established best management practices for the treatment of the species.

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8. DRAWINGS

Drawing C127450-01-01 – Phase 1 Habitat Map

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Legend

Survey area

&§ Scattered tree Dry ditch

Species-poor intact hedgerow Wall Wet ditch A Amenity grassland 0 0 0 0

1 1 Building 2 2 1 1 3 3 Hardstanding

Introduced shrub

| || | | || | Other habitat: Compost heap | | | | | | | | | | | | | | | | | | | | | | | | | | SI Poor semi-improved grassland | | | | | | | | | | | | | | | | | | | | | | | | | Standing water | | | | | | | | | | | | | | | | | | Tall ruderal | | | | | | | | | | | | | | | | H! | | Target note | | | | |

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SI | | H

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| | | &§ 1. Grazed grassland |

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| | | | Franklin Ellis Drawing Number Revision C127450-01-01 00 Scale @ A3 Date 1:1500 March 2018 Approved By Drawn By AF CD 0 0 0 0 8 8 1 1 1 1 3 3

Triumph House, Birmingham Road, Allesley, Coventry CV5 9AZ T:01676 525880 F:01676 521400 E:[email protected] 0 50 100 m

This drawing is based on topographical survey "28693_T_REV0.dwg", supplied by the client. 451700 451800 451900 452000 452100 Benscliffe Hay, Newton Linford RT-MME-127450-01 Preliminary Ecological Appraisal

9. PHOTOGRAPHS

Plate 9.1: Amenity grassland and residential house Plate 9.2: Bat barn

Plate 9.3: Driveway and adjacent hedge Plate 9.4: Poor semi-improved grassland

Plate 9.5: Pond and surrounding ruderal vegetation

Plate 9.6: Wet ditch adjacent to driveway

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REFERENCES AND BIBLIOGRAPHY

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

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

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

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

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

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

Middlemarch Environmental Ltd (2018). Pre-development Arboricultural Survey: Benscliffe Hay, Newton Linford. Report RT-MME-127450-02.

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APPENDICES

APPENDIX 1: Summary of Statutory Nature Conservation Sites

APPENDIX 2: Overview of Relevant Species Specific Legislation

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APPENDIX 1 Summary of Statutory Nature Conservation Sites

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Ancient Woodland (England) Wood Name BENSCLIFFE WOOD Theme Name Ancient Replanted Woodland Theme ID 1105191 Area (Ha) 3.07582 Wood Name BENSCLIFFE WOOD Theme Name Ancient Replanted Woodland Theme ID 1105191 Area (Ha) 47.885763 Wood Name BLAKESHAY/SANDHILLS WOOD Theme Name Ancient & Semi-Natural Woodland Theme ID 1105190 Area (Ha) 1.730949 Wood Name BLAKESHAY/SANDHILLS WOOD Theme Name Ancient & Semi-Natural Woodland Theme ID 1105190 Area (Ha) 2.914763 Wood Name BLAKESHAY/SANDHILLS WOOD Theme Name Ancient Replanted Woodland Theme ID 1105190 Area (Ha) 36.26238 Wood Name BUSHY FIELD WOOD Theme Name Ancient & Semi-Natural Woodland Theme ID 1105063 Area (Ha) 5.824523 Wood Name BUSHY FIELD WOOD Theme Name Ancient Replanted Woodland Theme ID 1105063 Area (Ha) 8.374072 Wood Name HALLGATE HILL SPINNEY Theme Name Ancient Replanted Woodland Theme ID 1105192 Area (Ha) 9.120042 Wood Name

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JOHNS LEE WOOD Theme Name Ancient & Semi-Natural Woodland Theme ID 1105185 Area (Ha) 4.82041 Wood Name JOHNS LEE WOOD Theme Name Ancient Replanted Woodland Theme ID 1105185 Area (Ha) 6.823246 Wood Name NOWELL SPRING WOOD Theme Name Ancient Replanted Woodland Theme ID 1105184 Area (Ha) 3.771832 Wood Name SWITHLAND WOOD Theme Name Ancient & Semi-Natural Woodland Theme ID 1105193 Area (Ha) 61.025112 Wood Name STONEYWELL WOOD Theme Name Ancient & Semi-Natural Woodland Theme ID 1105064 Area (Ha) 14.755559 Sites of Special Scientific Interest (England) Name Benscliffe Wood SSSI Reference 1003003 Natural England Contact NEIL RUDGE Natural England Phone Number 0845 600 3078 Hectares 9.81 Citation 1002694 Hyperlink http://designatedsites.naturalengland.org.uk/SiteDetail.aspx?SiteCode=s1002694 Name Roecliffe Manor Lawns SSSI Reference 1008707 Natural England Contact NEIL RUDGE Natural England Phone Number 0845 600 3078 Hectares 1.28 Citation 2000453

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Hyperlink http://designatedsites.naturalengland.org.uk/SiteDetail.aspx?SiteCode=s2000453 Name Ulverscroft Valley SSSI Reference 1003069 Natural England Contact NEIL RUDGE Natural England Phone Number 0845 600 3078 Hectares 110.75 Citation 1002060 Hyperlink http://designatedsites.naturalengland.org.uk/SiteDetail.aspx?SiteCode=s1002060 Name Bradgate Park and Cropston Reservoir SSSI Reference 1003007 Natural England Contact NEIL RUDGE Natural England Phone Number 0845 600 3078 Hectares 399.67 Citation 1003431 Hyperlink http://designatedsites.naturalengland.org.uk/SiteDetail.aspx?SiteCode=s1003431 Name Swithland Wood and The Brand SSSI Reference 1003150 Natural England Contact NEIL RUDGE Natural England Phone Number 0845 600 3078 Hectares 87.66 Citation 1003912 Hyperlink http://designatedsites.naturalengland.org.uk/SiteDetail.aspx?SiteCode=s1003912 Local Nature Reserves (England) No Features found National Nature Reserves (England) No Features found SSSI Impact Risk Zones - to assess planning applications for likely impacts on SSSIs/SACs/SPAs & Ramsar sites (England) 1. DOES PLANNING PROPOSAL FALL INTO ONE OR MORE OF THE CATEGORIES BELOW? 2. IF YES, CHECK THE CORRESPONDING DESCRIPTION(S) BELOW. LPA SHOULD CONSULT NATURAL ENGLAND ON LIKELY RISKS FROM THE FOLLOWING: All Planning Applications Infrastructure Pipelines, pylons and overhead cables. Any transport proposal including road, rail and by water (excluding routine maintenance). Airports, helipads and other aviation proposals. Wind & Solar Energy Wind turbines. Minerals, Oil & Gas Planning applications for quarries, including: new proposals, Review of Minerals Permissions (ROMP), extensions, variations to conditions etc. Oil & gas exploration/extraction. Rural Non Residential Large non residential developments outside existing settlements/urban areas where net additional gross internal floorspace is > 1,000m² or footprint exceeds 0.2ha. Residential

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Residential development of 100 units or more. Rural Residential Any residential development of 50 or more houses outside existing settlements/urban areas. Air Pollution Any industrial/agricultural development that could cause AIR POLLUTION (incl: industrial processes, pig & poultry units, slurry lagoons > 200m² & manure stores > 250t). Combustion General combustion processes >20MW energy input. Incl: energy from waste incineration, other incineration, landfill gas generation plant, pyrolysis/gasification, anaerobic digestion, sewage treatment works, other incineration/ combustion. Waste Landfill. Incl: inert landfill, non-hazardous landfill, hazardous landfill. Composting Any composting proposal with more than 500 tonnes maximum annual operational throughput. Incl: open windrow composting, in-vessel composting, anaerobic digestion, other waste management. Discharges Any discharge of water or liquid waste of more than 2m³/day to ground (ie to seep away) or to surface water, such as a beck or stream (NB This does not include discharges to mains sewer which are unlikely to pose a risk at this location). Water Supply Large infrastructure such as warehousing / industry where net additional gross internal floorspace is > 1,000m² or any development needing its own water supply . Notes GUIDANCE - How to use the Impact Risk Zones /Metadata_for_magic/SSSI IRZ User Guidance MAGIC.pdf 1. DOES PLANNING PROPOSAL FALL INTO ONE OR MORE OF THE CATEGORIES BELOW? 2. IF YES, CHECK THE CORRESPONDING DESCRIPTION(S) BELOW. LPA SHOULD CONSULT NATURAL ENGLAND ON LIKELY RISKS FROM THE FOLLOWING: All Planning Applications Infrastructure Pipelines, pylons and overhead cables. Any transport proposal including road, rail and by water (excluding routine maintenance). Airports, helipads and other aviation proposals. Wind & Solar Energy Wind turbines. Minerals, Oil & Gas Planning applications for quarries, including: new proposals, Review of Minerals Permissions (ROMP), extensions, variations to conditions etc. Oil & gas exploration/extraction. Rural Non Residential Large non residential developments outside existing settlements/urban areas where net additional gross internal floorspace is > 1,000m² or footprint exceeds 0.2ha. Residential Residential development of 100 units or more. Rural Residential Any residential development of 50 or more houses outside existing settlements/urban areas. Air Pollution Any development that could cause AIR POLLUTION (incl: industrial/commercial processes, pig & poultry units, slurry lagoons/manure stores). Combustion All general combustion processes. Incl: energy from waste incineration, other incineration, landfill gas generation plant, pyrolysis/gasification, anaerobic digestion, sewage treatment works, other incineration/ combustion. Waste Mechanical and biological waste treatment, inert landfill, non-hazardous landfill, hazardous landfill, household civic amenity recycling facilities construction, demolition and excavation waste, other waste management. Composting Any composting proposal. Incl: open windrow composting, in-vessel composting, anaerobic digestion, other waste management. Discharges Any discharge of water or liquid waste of more than 2m³/day to ground (ie to seep away) or to surface water, such as a beck or stream (NB This does not include discharges to mains sewer which are unlikely to pose a risk at this location). Water Supply Large infrastructure such as warehousing / industry where net additional gross internal floorspace is > 1,000m² or any development needing its own water supply . Notes GUIDANCE - How to use the Impact Risk Zones

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/Metadata_for_magic/SSSI IRZ User Guidance MAGIC.pdf Ramsar Sites (England) No Features found Proposed Ramsar Sites (England) No Features found Special Areas of Conservation (England) No Features found Possible Special Areas of Conservation (England) No Features found Special Protection Areas (England) No Features found Possible Special Protection Areas (England) No Features found

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APPENDIX 2 Overview of Relevant Species Specific Legislation

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Bats Bats and the places they use for shelter or protection (i.e. roosts) receive European protection under The Conservation of Habitats and Species Regulations 2017 (Habitats Regulations 2017). They receive further legal protection under the Wildlife and Countryside Act (WCA) 1981, as amended. This protection means that bats, and the places they use for shelter or protection, are capable of being a material consideration in the planning process.

Regulation 41 of the Habitats Regulations 2017, states that a person commits an offence if they:

• deliberately capture, injure or kill a bat; • deliberately disturb bats; or • damage or destroy a bat roost (breeding site or resting place).

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

It is an offence under the Habitats Regulations 2017 for any person to have in his possession or control, to transport, to sell or exchange or to offer for sale, any live or dead bats, part of a bat or anything derived from bats, which has been unlawfully taken from the wild.

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

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

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

As bats re-use the same roosts (breeding site or resting place) after periods of vacancy, legal opinion is that roosts are protected whether or not bats are present.

The following bat species are Species of Principal Importance for Nature Conservation in England: Barbastelle Bat Barbastella barbastellus, Bechstein’s Bat Myotis bechsteinii, Noctule Bat Nyctalus noctula, Soprano Pipistrelle Pipistrellus pygmaeus, Brown Long-eared Bat Plecotus auritus, Greater Horseshoe Bat Rhinolophus ferrumequinum and Lesser Horseshoe Bat Rhinolophus hipposideros.

Badger Badgers and their setts are protected under the Protection of Badgers Act 1992. The Protection of Badgers Act 1992 is based primarily on the need to protect badgers from baiting and deliberate harm or injury, badgers are not protected for conservation reasons. The following are criminal offences:

• 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.

• To wilfully kill, injure, take, possess or cruelly ill-treat a badger, or to attempt to do so.

A badger sett is defined in the legislation as:

• ‘Any structure or place that displays signs indicating current use by a badger’.

‘Current use’ is not synonymous with current occupation and a sett is defined as such (and thus protected) as long as signs of current usage are present. Therefore, a sett is protected until such a time as the field signs deteriorate to such an extent that they no longer indicate ‘current usage’.

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Badger sett interference can result from a multitude of operations including excavation and coring, even if there is no direct damage to the sett, such as through the disturbance of badgers whilst occupying the sett. Any intentional or reckless work that results in the interference of badger setts is illegal without a licence from Natural England30. In England a licence must be obtained from Natural England before any interference with a badger sett occurs.

Birds The Conservation of Habitats and Species Regulations 2017 places a duty on public bodies to take measures to preserve, maintain and re-establish habitat for wild birds.

Nesting and nest building birds are protected under the Wildlife and Countryside Act WCA 1981 (as amended).

Subject to the provisions of the act, if any person intentionally: • kills, injures or takes any wild bird; • takes, damages or destroys the nest of any wild bird while that nest is in use or being built; or • takes or destroys an egg of any wild bird, he shall be guilty of an offence.

Some species (listed in Schedule 1 of the WCA) are protected by special penalties. Subject to the provisions of the act, if any person intentionally or recklessly: • disturbs any wild bird included in Schedule 1 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, he shall be guilty of an offence.

Several bird species are Species of Principal Importance for Nature Conservation in England, making them capable of being material considerations in the planning process.

Great crested newt Great crested newts (GCN) and the places they use for shelter or protection receive European protection under The Conservation of Habitats and Species Regulations 2017, (Habitats Regulations 2017). They receive further legal protection under the Wildlife and Countryside Act (WCA) 1981, as amended. This protection means that GCN, and the places they use for shelter or protection, are capable of being a material consideration in the planning process.

Regulation 41 of the Habitats Regulations 2017, states that a person commits an offence if they:

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

It is an offence under the Habitats Regulations 2017 for any person to have in his possession or control, to transport, to sell or exchange or to offer for sale, any live or dead GCN, part of a GCN or anything derived from GCN, which has been unlawfully taken from the wild. This legislation applies to all life stages of GCN.

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

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• Section 9(4)(b) of the WCA makes it an offence to intentionally or recklessly* disturb any protected species while it is occupying a structure or place which it uses for shelter or protection.

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

Common amphibians Common frogs, common toad, smooth newt and palmate newt are protected in Britain under Schedule 5 of the Wildlife and Countryside Act (1981, as amended) with respect to sale only. They are also listed under Annex III of the Bern Convention 1979. Any exploitation of wild fauna specified in Appendix III shall be regulated in order to keep the populations out of danger. The convention seeks to prohibit the use of all indiscriminate means of capture and killing and the use of all means capable of causing local disappearance of, or serious disturbance to, populations of a species.

Common toad is listed as a Species of Principal Importance for Nature Conservation in England.

Reptiles All of the UK’s native reptiles are protected by law. The two rarest species – sand lizard (Lacerta agilis) and smooth snake (Coronella austriaca) – benefit from the greatest protection; however these two species are not known to occur within North Leicestershire. Common lizard (Zootoca vivipara), slow-worm (Anguis fragilis), adder (Vipera berus) and grass snake (Natrix natrix) are protected under the Wildlife and Countryside Act 1981 as amended from intentional killing or injuring.

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

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

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